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11.12. U! Investigative Method; E_lectronieSurveillance under Title III and under
FISA -
11.I2.l. U! Summary ' ' 1
U//FOUO! Electronic Surveillance ELSUR! is a valuable investigative method. lt is, also, a tvery intrusive means of acquiring information relevantto the effective-execution of the FBls,,law enforcement, national security, and intelligence missions. To ensure that due considerationisgiven to theicompeting interests between law enforcement and the effect on privacy and civilliberties, this section contains various administrative andmanagement controls beyond thoseimposed by statute and'DOJ guidelines. Unless otherwise noted, it is the responsibility of the»case agent and his/her supervisor to ensure compliance with these instructions. ELSUR is onlyauthorizedas an investigative method in the conduct of full investigations. ELSUR requires: i!administrative orjudieial authorization prior to its use; ii! contact with the Field Office ELSURTechnician to coordinate all necessary recordkeeping; and iii! consultation withthe TechnicalAdvisor TA! or a designated TTA to determine feasibility, applicability, and use of the A
appropriate equipment. A e '
U//FOUO A lication: A A
11.12.2. U! Legal'Autl10rity '
U! ELSUR is authorized by chapter l 19, 18 U.S.C. §§»2510-2522 Title III of the Omnibus andSafe Streets Act of 1968!; 50 U.S.C. §§ 1801-1- 811 FISA!; and E.O. 12333 § 2.5.
11.12.3. U! Definition of Investigative Method ~
U! ELSUR islthe non-consensual electronic collection of information usually- communications!under circumstances in which the parties have a reasonable expectation of privacy and courtorders or warrantslare required. 4 92
1-1.12.4. U! Standards for Use and Approval Requirements _for Investigative Method
A. U//FOUO! FISA A
1; U//FOUO! FBIHQ and Field Office requests forFISC ELSUR orders must use theFISA,Reguest Form.'Eield Ofce requests for FISA orders are submitted and trackedthrough F lSAMS. The FISA request forms, in a question and answer format, have beendesigned to ensure thatall information needed for the preparation of a FISC applicationis provided to F BIHQ and to the DOJ.
2. U! A Certication by the Director of the FBl"or one of nine other individualsauthorized by Congress or the President to provide such certications that theinformation being sought is foreign intelligenceinformation; that a signicant purposeof the electronicsurveillance is to obtain foreign intelligence information; that such
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information cannot reasonably be obtained by normal investigative techniques; that theinformation sought is "foreign intelligence information" as dened by. FISA; andincludes a statement explaining the certier's basis for the certication.
U! Note: Title 50 of the United States Code Section l804*species.thc Assistant to thePresident for National Security Affairs; E.O. 12139 as amended by 13.0. 13383species the Director of the FBI, Deputy Director of the FBI, the Director of National .. Intelligence, the Principal Deputy4.Director of National Intelligence, the Director of the _Central Intelligence Agency, the Secretary of State; the Deputy Secretaryof State, theSecretary of Defense, and the Deputy Secretary of Defense as appropriate ofcials tomake certications required by FISA.
3. _ U! Emergency FISA Authority 0'U,S.C. § l805[t]!
U! The Attomey General, on request from the Directortof the FBI or his/her designee,may authorize an emergency FISA for electronic surveillance when it is reasonablydetermined that an emergency situation exists that precludes advance FISC'review andapproval and that a factual predication for the issuance of a FISA Order exists. A FISCjudge must be informed by DOJ at the time of the emergency authorization andanapplication must beesubmitted to thatjudge as soon as is practicable but not more than_ seven_.!.days afterithe emergency au'thority has'been-approved by the AttomeyGeneral. If a court order is denied after an emergencysurveillance has been initiated,no information gathered as a result of the surveillance may be used as evidence ordisclosed in any trial or other proceeding, and no information conceming any United,States person acquired from such surveillance may beused or disclosed in any manner,except with the approval of the Attorney General if the information indicates a threat-1 ofdeath or serious bodily harm to any person.
yB. U! Title III '
U//FOUO! An SAC or designee! has the authority to approve requests for non-sensitive Title III orders. An Acting SAC may approve such requests in the absence of the SAC. Theauthority to approve Title III applications may not be delegated lower than the ASAC level.The SAC, with the recommendation of the CDC, must determine whether the requestinvolves sensitive circumstances.
U//FOUO! Ifa Title III involves one of the seven sensitive circumstances, it must be
approved by FBIHQ.
U//FOUO! The following ve sensitive circumstances require the approval of a DeputyAssistant Director DAD! or higher from the Criminal Investigative Division CID!,Counterintelligence Division CD!, or Counterterrorism-Division CTD!, as appropriate:1. U//FOUO! Signicant privilege issues.or First Amendment concems e.g., attorney-client privilege or-other privilegedconversations or interception of news media
representatives!;
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2. U//PIOUO! Signicant privacyvcpncerns e.g., interceptions of conversations in a
bedroom or bathroom!;
3. U//FOUO! Applications based on relaxed specicity i.e., roving interception!
under 18 U.S.C. § 251s 1! a! and b!;'
4. U//FOUO! Applications conceming Domestic Terrorism, International Terrorism, or
Espionage investigations; or "
5. U//FOUO! Any situation deemed appropriate by thefAD of CID or OGC. i
U//FOUO! The following two sensitive circumstances require the approval of the Director,
the Acting Director, Deputy Director, or the EAD for the Criminal Cyber Response and 4
Services Branch, or the EAD for the National Security Branch, or the respective Assistant
Director for-Counterterrorism or Counterinteiligencez
6. U//FOUO! "Emergency" Title-III interceptions i.e., interceptions conducted prior to
judicial approval under 18 U.S.C. § 2518[7]!; or _
7. U//FOLIO! The interception of communications of members of Congress, federal '
judges, high-level federalofcials, high-level state executives, or members of a state
jrudiciary or legislature is anticipated, . . .
U//FOUO! All requests for electronic surveillance that involve one of the above"sensitive
circumstances must be reviewed by the OGC prior to approval.
U//FOU_O! With the prior approval of the Attorney General, or Attorney General's designee,
the United States Attorney or the Strike Force Attomey must apply to a federal judge for a
court order authorizing the interception of communications relating to one or more of the
offenses listed in Title lll 8 U.S.C. § 2516!. Judicial oversight continues into the »
operational phase of the electronic surveillanceinstallation, monitoring, transcribing andhandling of recording media. I
U//FOUO! Anextension order may be sought to continue monitoring beyond the initial 30-
day period without a lapse in time. When a break in coverage has occurred, a renewal order
may be sought to continue monitoring the same interceptees or facilities identied in the
originalauthorization. The affidavit and application in support of an extension or renewal L
must comply with all of the Title Ill requirements, includingvapproval of the Attomey
General or designee. Except as explained below, extensions that occur within 30 days of the
original Title III order do not require review by the SAC or designee. After a lapse of more
than 30 days, the SAC- or designee must review and request renewed electronic surveillance.
U//FOUO! There may be situations or unusual circumstances that require the FBI to adopt
an already existing Title III from another federal law enforcement agency. Thiswill be
approved on a case-by-case basis, only in exceptional circumstances.
U//FOUO! Before the FBI begins or adopts the administration of a Title III, the Field Office
must obtain SAC or designee approval. Thereafter, extensions and-renewals within 30 days
do not require SAC or designee approval. i
U,//FOUO! Emergency Title III interceptions e.g., interceptions conducted prior to judicial
approval under 18 U.S.C. § 25 l8[7]! [Hyperlink to Memodated May 22. 2008 Standard
and Process Authorization]
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. . . . . » b2 U//FOUO!lf an emer:ency~situat|on arises after regular business hours] 127E
Duri p egular business hours lmay be reached
U//FOUO!'Dispute Resolution for both FISA and Title HI AQp|icBfiL3'
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11.12.5. U! Duration of Approval
A.
B.
11.
A. U! FISA _
U//FOUO! F ISC orders for ELSUR surveillance are provided for the period of timespecified in the order that will not exceed: 90*days for United~States persons; 120 days forhon-United States persons; andone year for a foreign power, as dened in 50 ULS.C.§ l801 a! ~l!! or !. For United States persons, renewals of FISA Orders may berequestedfoi the same period of.time originally authoriz_ed'based upon-a continued slgowiiigof probable cause. For non-United States persons, renewals can be for a period notto exceedone year. All renewal requests should be submitted to DOJNSD by. the requesting FieldOfce atleast 45 days prior to the expiration of the existing order. These requests are to besubmitted using the FISA Request Form process in FISAMS.
U! Title III J ~
U! Titlelll ELSUR orders are for a period not to exceed 30'days, with subsequent 30 dayextensions as authorized by thecourt. l " '
12.6. U! Specific Procedures
U! FISA b2
~ » » b7 u//FoUo!| ~ |l. U//FQUO! FISA Verication of Accuracy Procedures 'E .
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2. U//FOUO! FISA Electronic Suiweiliance Administrative Sub-file
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B. U! Title III ~ Z _
l. U//FOUO! The requirements in 18 U.S.C. § 2518 must be followed meticulously in thepreparation of a Title III application. In addition, the following points must be covered;
a. U//FOUO! Probable cause must be current;
b. U//FOUO! There must be a factual basis for concludingrthat nomaal investigativeprocedureshave been tried and failedor a demonstration why these proceduresappear to be unlikely to succeed or would be too dangerous if tried "boilerplate"statements in this respect are unacceptable!; ,
c. U//FOUO! If the subscriber; of the telephone on which coverage is sought is not- one of the principals, attempts t_o identify the subscribermust be made;
d. U//FOUO! Minimization will be occur, as statutorily required, if the coverageinvolves a public telephone booth, a restaurant table, or the like; -e. M U//FOUO! The facility or premises to be covered is described fullv $3
, _and"f._ U//FOUO! At least 10 days prior to submitting the Title III request to:DOJ OEO,the Field Office must forward an electronic communication to FBIH b2
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2. U//FOUO_
3. U//FOUO!' For details on when, how, and where to conduct pre-Title IIIELSUR
searches, refer to CID PG,4. U//FOUO! Case agents must use thei i 92
5. .1 U77FOUO! For adiditional guidance, see ELSUR Manual.
11.12.7. U! Notice and Reporting'Requi|-ements
A. u! _FISA Ui//FOUO C
Bl ' u! Title IH S k
1. U//FOUO! The anticipated interception of conversations related to a Sensitive
Investigative .Matter as dened in the AGG-Dorm, Part VILN, requires-notice to the
appropriate FBIHQ Un it_Chi ef and Section Chief, and DOJ Criminal Division.2., U//FOUO! C
a. U//EOUC .b. U//FOUO! if C -
c. U//F.OUO
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3. U//FOUO! 1
5. U//FOUO! Upon completion of a Title lll ELSUR activity, the Form-2 report is
required to be submitted per l8 U.S.C. § 2519. For details o_n the completion and
submission of the Form 2 report, see the CID PG.- -
'1 1.12.8. U! Compliance and Monitoring
A. U! FISA
U//FOUO!92 , , , e i
B. U! Title III
U//FOUO! Upon completion of Title III ELSUR activity, the Form 2 reportis required to be
submitted per 18 U.S:C. § 2519. For details on the completion and submission of the Form 2
report, seethe CID PG. i
11.12.9. U! Special'Circumstances
U! FISA .
U! Under 50 U.S.C. § -1802, the President, through the Attorney General, may authorize
electronic surveillance under~F ISA without a court order for periods of up to one year, if the
Attorney General certies in writing under oath that the surveillance will be. solely directed at
acquiring communications that are transmitted by means that are exclusively between or among
foreign powers and-there is no substantial likelihood of the surveillance acquiring the contents of
communications to which United States Personsare parties.
11.12.10. U! Other'Applicable Policies
A. U! FISA
l. U//FOUO! CD Policy Guide
2. U//FOUO! -_ITD_ Policy Guide
3. U//FOUO! lnvestigative Law Unit Library
4. U//FOUO! Foreign intelligence Surveillancef/92ct FISA! Unit
B. U//FOUO! OTD PG .
l. U//FGUO! Title III
2. U//FOUO! Memo dated May 22, 2008 Standard and Process Authorization
3. U//FOUO! ELSUR Manual
4. U//FOUO!__Ql_D_lZQ
5. U//FOUO! oro PG
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11.13. U!Investigative Method: Physical searches, including mail openings, requiring
judicial order or warrant _
U! AGG-Dom, Part V.A. l2.
11_.13.1. U! Summary I -
U! The Fourth Amendment to the United States Constitution govems all searches and seizures
by govemment agents. The Fourth Amendment contains two clauses. Therst establishes the
prohibition against unreasonable searches and seizures. The second provides that no warrant , authorizing a search or seizure! will be issued unless based on probable cause. An unlawful
search does not preclude a prosecution. The remedy to the defendant for an unlawful search is
suppression of the evidence resulting from the illegal seizure. _
U//FOUO! Ap_plication:l 1 h
U! A search is a govemment invasion of a persons privacy. To qualify as reasonable
expectation of privacy, the individual must have an actual subjective expectation of privacy and
society must be preparedvto recognize that expectation as objectively reasonable. See Katz v.
United States, 389 U.S. at 361. The ability to conduct a physical search in an area or situation 1where an individual has a reasonable expectation of privacy requires a warrantor order issued bya court of competent jurisdiction or an exception to the requirement for such a warrant onorder.The warrant or order must be based on probable cause. The United States Supreme Court denes
probable cause to search as a fair probability that contraband or evidence ofa crime will befoundin a particular place. Illinois v. Gates 462 U.S. 213, 238 983!. A government agentmay conduct a search without a warrant based on an individuals voluntary consent. A searchbased on exigent circumstances may also be conducted without a wan'ant,'but the requirement I
for probable cause remains. '
11.13.2. U! Legal Authority k
U! Searches conducted bythe FBI must be in conformity with FRCP*Rule 415 F ISA, 50~U.S.C.92
§§ 1821-1829; or E.O.*l2333 § 2.5.
11.13.3. U! Denition of Investigative Method I
U! A physical search constitutesany physicaldntrusion within the United States into premises or
property including examination of the interior of property by technical means! that is intendedto result in the seizure, reproduction, inspection,-or alteration of information, material,.or
property, under circumstances in which a person has a reasonable expectation of privacy.
U! A physical search requiring a warrant does not include: i! electronic surveillance as denedin FISA.or Title.IlI; or ii! the acquisition by the United States Govemment of foreign
intelligence informationrfrom intemational foreign communications, or foreign intelligence
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activities conducted according to otherwise applicable federal law involving a foreign electroniccommunications system, using a means other than electronic surveillance as dened in FISA.
A. U! Requirement for Reasonableness.~By the terms of the Fourth Amendment a search .must be.reasonable.at its inception and reaso - ' ' - . ' -- :
U! Reasonable.Expec_tation'of Privacy._The right of privacy is a personal right, not aproperty concept. it safeguards whatever an individual reasonably expects to be private. Theprotectionrnormally includes persons, residences, vehicles, other personal property, privateconversations, private papers and records. The Supreme Court has determined that there is noreasonable expectation of privacy in certain areas or information. As a result, govemment
intrusions into those areas do not constitute a search and, thus, donot have to meet the ~
requirements of the Fourth Amendment. These areas include: i! open elds; ii! prison cells; iii! publicaccess areas; and iv! vehicle identication numbers. The Supreme Court has alsodetermined that certain governmentalpractices do not involve an intrusion into a reasonableeicpectation ofprivacy and, therefore, do not amount to a-search. These practices include: i! aerial 'sur'véillance condu¢red~from navigablelairspace;; ii!eld~testotsuspected1 *
controlled substance; and iii! odor detection. A reasonable ekpectation of privacy maybe' terminated by an individual takingsteps to voluntarily relinquish the expectation of privacy,
such as abandoning property or setting trash at the edge of the curtilage or beyond forcollection. '
C. U! Issuance of search warrant i . i
1. U! Under F RCP,Ru_le 41, upon the request of a federal law enforcement officer or an '1 attomey for the government, a search warrantmay be issued by:
a. U! a federal magistratejudge, or if-none isreasonably available, ajudge of a
state court of record within the-federaldistrict, for a search of property or for a
p_ersoriwithin the. district;
b. U! a federal magistratejudge for a search of propertysor for a person either
-within orloutside the district if the property or person is within the district whenthe warrant is sought§but might move outside the district before the warrant is
executed; .
c. U! a federal magistratejudge in any-district in which activities related to the
terrorism mayhaveoccurred, for a search of propertyzor for a, person within oroutside the district, in an investigation of domestic terrorism or intemational
terrorism as dened in 18 U.S.C. § 2331!;and
d. U! a magistrate with authority in the district to issuea warrant to install a
tracking device. The warrant may authorize use of the device to track the
- movement of a person or property locatedlwithin the district, outside, or both.
2. U! Physical searches related to a national security purpose may be authorized by theFISC. 0 U.S.C. §§l 821-=18-29!
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D; U! Property or Persons That May be Seized with a Warrant.
U! A warrant may be issued to search for and seize any: i! property that constitutesevidence of the commission of a criminal offense; ii! contraband, the fruits of crime, or
things otherwise criminally possessed; or iii! property designed or intended for use or that isor has been used as the means of committing a criminal offense. In addition to a conventionalA search conducted following issuance of-a warrant, examplespf search Warrants'include:
1. U! Anticipatory Warrants _ _
U! As the name suggests, an anticipatory wan-ant differs from other search warrants inthat it is not supported by probable cause to believe -that contraband exists at the premisesto be searched at the time the wan-ant is issued. Instead, an anticipatory search warrant isvalidly issued where there is probable cause to believe that a crime has beenor is being
committed, and that evidence of such crime will be found at the described location at thetime of the search, but only after certain specied events transpire. These conditions
precedent to the execution of an anticipatory warrant, sometimes referred to as"triggering events," are integral to its validity. Because probable cause for an anticipatorywarrant is contingent on the occurrence of certain expected or "triggering" events,, typically the future delivery, sale, 9np.ur¢h_ase ofcqntrabaud, thsjudee malsingihe,probable cause determination must take intoaccount the likelihood that the triggeringevent will occur on schedule and as predicted. Should these triggeringieventsfail to
materialize, the anticipatory warrant is void. ' .
2. U! Sneak and peek search warrants I V
U! A sneak and peek search warrant allows law enforcement agents to surreptitiously enter a location such as a building, an apartment, garage, storage shed, etc., for thepurpose of looking for and documenting evidence of criminal activity. The purposeofthis type of warrant is to search for and seize property either tangible or intangible!
without immediately providing notice of the search and aretum on the warrant tothe 'owner of the property searched or seized. See FRCP 4l t!!. A sneak and peek warrantis used to gather additional evidence of criminal activity without prematurely exposing anon-going investigation. The evidence discovered during a sneak and peek search may beused to support a request -for a conventional search warrant.
3. U! Mail Openings , ' '
U! Mail in United States postal channels may be searched only pursuant to court order,or presidential authorization. United States Postal Service regulations goveming suchactivities must befollowed. A search of items that are being handled by individual
couriers, or commercial courier companies, under circumstances in which there is ap reasonable expectation of privacy, or have been sealed for deposit into postal channels,~ and that are discovered within properties orpremises being searched, must-be carried outaccording to unconsented FISA or FRCP Rule 41 physical search procedures.
4. U! Compelled Disclosure of the"Contents of Stored Wireor Electronic
Communications
, U! Contents in electronic storage e.g., unopened e-mail/voice mail! require a searchwarrant. See 18 U.S.C. § 2703 a!. A distinction is made between the contents of g communications that are in electronic storage e;g., unopened e-mail! for less than I80
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days and-those in "electronic storage" for longer than 180 days, or those that are no
longer in "electronic storage" e.g;, opened e-mail!. ln enacting the ECPA, Congressconcluded that customers may not retain a "reasonable expectation of privacy" in
infonnation sent to network providers. However, the contents of an e-mail message that
is unopened should nonetheless be protected by Fourth Amendment standards, similar to
the contents of a regularly mailedletter. On the other hand, if the contents of an unopened
message are kept beyond six months or stored on behalf of the customer after there-mail
has been received or opened, it should be treated the same as a businessrecord in'the
hands of a third party, such as an accountant or attorney. In that case, the government
may subpoena the records from the third par-tytwithout running afoul of eitherthe Fourth
or Fifth Amendment. If a search warrant is used, it may be served on the provider without
notice to the customer or subscriber. e
A 11.13.4. U! Approval Requirements forlnvestigative Method
A. U//FOUO! Search warrants issued under authority of FRCP Rule 41: A warrant to
search is issued by a federal magistrate or a state court judge if a federal magistrate is not
reasonably available!. Coordination with the USAO or DOJ is required to obtain the warrant.
B. U//F OUO!»FISA: In national security investigations, Fie_ld;O_f_ce requests f0r_FI_SA _ qauthoriz'ed.physical searches must be submitted to FBII-IQ using the FBI ISA Reguest Form.
Field Office requests for FISA approval are tracked through FISAMS. This form should becompleted by the case agent. ~ _ ' _
C. U//FOUO! Sensitive Investigative Matter: Notice to the appropriate FBIHQ substantiveUnit Chief and Section Chief is required if the matter under investigation is a sensitive
investigative matter. Notice to DOJ is also required, as described in DIOG Section 10.
11.13.5. U! Duration of Approval t
U! The duration for the execution of a warrantis established by the court order or warrant.
11.13.6. U! Specic Procedures
l A. U! Obtaining a Warrant under FRCP Rule 41
U! Probable Cause. After receiving an affidavit or other information, a magistrate judge or
ajudge of a state court of record mustrissue the warrant if there is probable cause to search
for and seize a person or property under F RCP Rule 41 !. Probable cause exists where the
facts and circumstances within the FBI employees knowledge, and of which they had
reasonably trustworthy information are sufficient in themselves to warrant a person of
reasonable caution in the belief that. .. acrime has been or'is being committed, and that
seizable property can be found at the place or on the person to be searched. Probable cause is
a reasonable belief grounded on facts: In judging whether a reasonable belief exists, the testis whethersuch a belief would be engendered-in a prudent person with the ofcersitraining
andexperience. To establish probable cause, the afant must demonstrate a basis for
knowledge and belief that-the facts are true and that there is probable cause to believe the
items listed in the afdavit willbe found at the-place to be searched.
1. U! Requesting a Warrant in the Presence of a Judge.
a. U! Warrant on an Afdavit: When a federal law enforcement ofcer or an
attomey for the govemment presents an afdavit in support of ta warrant, the
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judge may require the afant to appear personally andmay examine under oaththe afant and any witness the afant produces. ,
b. U! Warrant on Sworn Testimony: Thejudge may wholly or partially dispensewith a written afdavit and base a warrant on swom testimony if doing so is
reasonable under the circumstances. 1
c. U! Recording Testimony; Testimony taken in support-of a warrant must be ,~ recorded by a court reporter or by_a suitable recording device, and the judge mustle the transcript or recording with the clerk, along with any afdavit.
2.. U! Requesting a Warrant by Telephonic or Other Means
a. U! In General: A magistrate judge may issue a warrant based on informationcommunicated by telephone or other appropriate means, including facsimile
transmission.
b. U! Recording Testimony: Upon~léarning that an applicant is requesting awarrant, a magistrate judge must: i! place underioath the applicant and anyperson on whose testimony the application is based; and ii! make a verbatim* record of the conversation with a suitable recording device, if available, or by acoui't reporte'r, em writing. i C C , U C
c. U! Certifying Testimony: The magistrate judge must haveaany recording orcourt reporter's notes transcribed, certify the transcriptions accuracy, and le acopy of the record and the transcription with the clerk. Any written verbatimrecord must be signed by the magistratejudge and led with the clerk.
d. U! Suppression Limited: Absent a nding of bad faith, evidence obtained froma warrant issued under F RCP Rule 4l d!! A! is not subject to suppression on" the ground that issuing the warrant in that mannerwas unreasonable under the
circumstances. "
3. U!-Issuing the Warrant U i
U! In general, the magistratejudge or a judge of a state court of record must issue thewarrant to an ofcer authorized to execute it. The warrant must identifythe person orproperty to be searched, identify any person or property to be seized, and designate themagistrate judge to whom it must be returned. The warrant must command the ofcer to:' i! execute the warrant within a specied time no longer than 10 days;- ii! execute thewarrant during the daytime, unless thejudge for good cause expressly authorizes =execution at another time; and iii! retum the warrant to the magistrate judge designatedin the warrant. »
4. U! Warrant by Telephonic or Other Means _
U! If a magistrate judge decides to proceed under FRCP Rule 41 d!! A!, the followingadditional procedures apply: "
a. U! Preparing a Proposed Duplicate Original Warrant: The applicant mustprepare a "proposed duplicate original warrant" and must read or otherwisetransmit the contentsof that document verbatim to the magistrate judge.
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b. U! Preparing an Original Warrant: The magistratejudge must enter the
contents of the proposed duplicate original warrant into an original warrant.
c. U! Modications: Themagistratejudge may direct the applicant to modify the
proposed duplicate original warrant. In that case, thejudge must also modify the
original warrant. 1
d. U! Signing the Original Warrant and the DuplicateOriginal Warrant: Upon
determining to issue the warrant, the magistrate judge must immediately sign the
original warrant, enter on its face the exact time it is issued, and direct the
applicant to-sign the judge's nameton the duplicate original warrant.
5. U! Executing and Returning the Warrant
a. U! Noting the Time: The ofcer executing the warrant must enter on its face the
exact date and time it is executed.
b. U! Inventory: An officer present during the execution of the warrant must
prepare and verify an inventory of any property seized. The officer must do so in
the presenceof another ofcer-and~_the-perso'n from whom,.or fiom whose -
premises, the property was taken. If either one is not present, the ofcer must
prepare and verify the inventory inthe presence of at least one other credible '
person.
c. U! Receipt; The officer executing the warrant must: i! give a copy of the A
warrant and a receipt for theproperty taken to the person from whom, or from
whose premises, the property was taken; or ii! leave a copy of the warrant and
receipt at the place where_the officer took the property. .
d_. U! Return: The officer executing the warrant must promptly return it together
with a copy of the inventory to the magistratejudgedesignated on the warrant.
The judge must, on request, give a copy of the inventory to the person from whom
or from whose premises, the property wastaken and to the applicant for the
warrant. '
6. U! Forwarding Papers to the Clerk .
U! The magistrate judge to whom the warrant is retumed must attach to the warrant a
copy of the retum, the inventory, and all other related papersand must deliver them to theclerk in the district where the property was seized. FRCP Rule 41!
7. U! Warrant for a Tracking Device h
a. U! Noting the time: The officer executing a tracking device warrant must enter
on it the exact date and time the device was installed and the period during which
it was used.
U! Return: Within 10 calendar days aer the use of the tracking device has
ended, the ofcer executing the warrant must retum it to the judge designated in
the warrant. .
C. U! Service: Within 10 calendar days after use of the tracking device has ended,the_ofcer executing the warrant mustsewe a copy of the warrant on the person
who was tracked. Service may be accomplished by delivering a copy to the person
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who, or whose property was tracked; or by, leaving a copy at the persons
residence or usual place of abode with an individual of suitable age and discretion
who resides at that location and by mailing a copy to the personfs last known
address. Upon request of tltegovermnent, the judgemay delay notice as provided
in FRCP Rule 4l f!!. _
s. U! Delayed Notice 1 " '
1
3
5.2
4 U! Upon=the governments request, a magistratejudgeor if aut_ho_rized.by FRCF Rule:
41 b!, a judge of a state court of recordmay delay any notice required by FRCP Rule
41 if the delay is authorized by statute. .
U! Obtaining a FISA Warrant -
U! Applications for court-authorized physical search pursuant to F ISA must be made by a
federal ofcer in writing upon oath or affirmation and with the specic approval of the _
Attomey General. See 50 U.S.C. § 1823! Each application must include:
U! Theidentity ofthe federalofcer making the application;
U! The-authority conferred on the Attomey General by the President and the approval of
the -Attomey General to-makethe,application; __ _
U! The identity, if known, or description of the target of-the physical search and a
detailed description of the premises .or property to be searched and of the information,
material, or property tobe seiied, reproduced, or altered; ~
U! A statementvof the facts andcircumstances relied upon and submitted by the
applicant that there is probablecause to believe that: ,
,3
b. U! The target is a foreign power or an agent of a foreign power, provided that no
United States person may be considered a foreign power or an agent of a foreign
power solely on the basis of activitiesprotected by» the First Amendment to the
Constitution of the United States; and
U! Each of the facilities or places at which the~FlSA order isrdirected is being
used by a foreign power or an agent of a foreign power.
U! "In determining whether or not probable cause exists for purposcsof an order under
50 U.S.C. § l823 a!!, ajudge may consider past activities.ofthe~target, as wellas facts
and circumstancesrelating to current or future activities of the target." 50 U.S.C.
§ 1805 b!. As it relates to United States citizens or aliens lawfully admitted for
permanent residence, "agent of a foreign power" means any person who:
a.
b. U! Knowingly engages in clandestine, intelligence-gathering activities for or on
behalf of a foreign power, whose activitiesinvolve or may involve a violationlof
thecriminal statutes of the United States;
U! Pursuant to the direction of an intelligence service or network of a foreign
power, knowingly engages in any other clandestine intelligence activities for or
on behalf of such foreign power, whose activities involve or are about to involve a
violation of the criminal statutes of the United States;
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c. U! Knowingly engages insabotage or international terrorism, or activities that
arevin preparation therefore, for or on behalf of a foreign power;
d. U!l§nowingly enters the United States under a false or fraudulent identity for or
on behalf of a foreignpower or, while in the United States, knowingly assumes a
false or fraudulent identity for or on behalf of a foreign power; or 1
e. . U! Knowingly aids or abets=any person in the conduct of activities'des'cribed in _ _
~ subparagraph"a, b, or c, above or knowingly conspires with any person to
engage in activities described in subparagraph a, b, or c, above. '50 U.S:C.
§ 1301 b! !- . '
U! For purposes of the above statute, 50 U.S.C. § 1801 a!. l! defines "foreign
power" toinclude "a group engaged in intemational terrorism or activities in'
preparation therefore," 50 U.S.C. §l 8Ol a! !, as well as, ar'nong,ot_her things, "a
foreign govemment or any component thereof, whether or not recognized by the
United States." Title 50 of the United States Code Section 1801 ! denes
"intemational terrorism" as activities that;
a! U! Involve-violent acts or acts dangerous to human life thatare a violation of
A the crimiallaws ofthe,United_States_or'of_any__State,_or that would be a
criminal violation if committed within the jurisdiction of the United States or"
any State; ~
b! U! Appear to be intended-
l! U! Tointiniidate-or coercea civilian population; g
! U! To inuencethe policy of a govemment by intimidation or coercion;
or -
!. U!'To affect the conductofa govemment byeassassination or kidnapping;
and ,
c! U! Occur totally outside the United States, or transcend nationalboundaries
interms of.the means by which they are accomplished, thepersons they ~
appear intended to coerce or intimidate, or the locale inzwhich their
perpetrators operate or seek asylum by the applicant to justify the belief that:
i! the target is a foreign power or agent of a foreign power; ii! the premises
or property to besearched contains foreign intelligence information; and iii!
the premises or property to be searched is owned, used, possessed by, or is in
transit to or from a foreignpower or~an agent of a foreignpower.92
6. U! A statement of the proposed minimization procedures that have been approvedby the
Attomey General;
- 7. U! A detailed description of the nature of the foreign intelligence information sought and
the manner in which the physical search will be conducted;
.8. U! A Certication by=the Director ofthe FBI or one of nine other individuals authorized
by Congress or the President to provide such certications that the information being
__ sought is foreign intelligence information; that a significant purpose ofthe searchis to
obtain foreignintelligence information; that such information cannot reasonablybe
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obtained by normal investigative techniques; that the information sought is "foreign
intelligence information" as dened by PISA; andiincludes a statement explainingthe
certier's basis for the certication. .
U! Note: Title 50 of the -United States Code Section 1804 species the Assistant to the
President for National Security Affairs; E.O. 12949, as amended species the Director of
the FBI, Deputy Director of the FBI, the Director of National Intelligence, the Principal
Deputy Director of National Intelligence, the Director of the Central Intelligence;Agency,
the Secretary of State, the Deputy Secretary of State, the Secretary of Defense, and the
Deputy Secretary of Defense as appropriate ofcials to make certications required by
PISA. * .
U! Where thephysical search may involve the residence of a United States person, the
Attomey General must state what investigative techniques have previously been used to
obtain the foreign intelligence information concemed and thedegree to which these
techniques resulted in acquiring such infonnation;
U! A statement of the facts concerning all previous applications before the PISA court
that have been rnadetinvolvingany of th_e_per§Qns, premises, or property specied in the
application and the actions taken on each previous application; I "
. U! The Attorney General may require any other afdavit or certication from any other
ofcer in connection with an application; and _
U! The Court may require the applicant to furnish such ot_her.information as may-be
necessary to make the determinations required to issue an Order. i
U! Length of Period of Authorization for FISC Orders
1.
2.
3. U! Generally, a.FISC Order approvinglanunconsented physical search will specify the
period of time during which physical searches are approved and provide that the
government will be permittedthe period of time necessaryto achieve the purpose, or for
90 days, whichever is less, except that authority may be:
a. U! For no more than'one year for "Poreign Power" targets establishments!; or
b. U! Por no more than 120 days for an agent of a foreign power, with renewals for
up to one year fornon-United States persons.
U! An extension of physical search authority may be granted on the same basis as the
original order upon a separate application for an extension and upon new ndings made
in the same manner as the original order,
U! Emergency FISA Authority
a. U! The Attomey General may authorize an emergency physical search under
PISA when he reasonably makes a determination that an emergency situation
exists that precludes advance PISA court review and approval, and there exists a
factual predication for the issuance of a PISA Court Order, In such instances, a
PISCjudge must-be informed by the Attorney General or his designee at the time
of the authorization and an application according to PISA requirements is
submitted to the judge as soon as is practicable but not more than seven ! days
aer the emergency authority has been approved by -the Attorney General.
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b. U! If a court order is denied aer=an emergency authorization has been initiated,
no information gathered as a result of the search may be used in any manner
except if with the approval of the,Attomey General, the information indicates a
threat of death or serious-bodily harm to any person.c. U//FOUO! For an emergency F ISA for physical search. | l
U! Special.Circumstances *
U! The President through the Attomey General may also authorize a physical search
under FISA without a court order for periods of up to one year, tifthe Attomey General
certies that the search willbe solely directed at premises, information, material, or
property that is used exclusively by or under the open andrexclusive control of a foreign
power; there is no substantial likelihood that the physical search will involve the, premises,
information, material, or property of a United States person; and there are minimization
procedures that havebeen reported to the court and Congress. The FBI'_s involvement in
such approvals is usually in furtherance of activities pursued according to E.O. 12333.
Copies of such certications, are toebe transmitted to the PISA Court see 50 U.S.C.
§ l822[a]!. * .
U! Information conceming United States persons acquired through uneonsented physical
searches may only be used according to minimization procedures. See: 50 U.S.C.
§§ l824 d!! and 1825 a!. _ _
U! Required Notice - _
U! If an authorized search involves» the premises of a United States.person, and the .
Attomey General determines that there is no national security interest in continuing the
secrecy of the search, the Attorney General must provide notice to the United States
person that the premises was searched and the identication of any property seized,
altered, or reproduced during the search.
U//FOUO! 'FISA Verication of Accuracy Procedures
u//rouoj ' . . l
a. U//FOUO! Each case le for which an applicationis re ared f r ubmission tothe FISC will include a sub-lerto be labeled This sub-le.
is to contain copies of the supportive documentation relied upon when making the
trons to thel I , . . l_ ' . _ gle is to include: . -1. U//Fouoj i ' v , I]
l 2 ~_ - .. -. -it ii. u//Fouo!| 2'
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iii. U//FOUO I
* b. - U//FOUO
7. U//FOUO! FISA Physical Search Administrative Sub-file _
U//FOUO! Each-case le for which an application is or has been re ared forsubmission to theFl ill include a sub-le to be labeledThis sub-le is to contain co 'es of all , pl applications to and Wor ers issued by the FISC for the conduct of hysical searches in the investigative case.l The following data must beincluded in this]-P A ' I l
b. //FOUO '
8. U//FOUO! FISA Review Board for FIOA Renewals
U//FOUO
a. U//FOUO!
b. U//Fouog] e
92
¢. U//Fouoj "
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d. U//FOUO! Agpealing the Decisi '
U//F000] '
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11.14. U! Investigative Method: Acquisition of foreign intelligence information inconformity with Title VII of the Foreign Intelligence Surveillance Act
l1.14.1.~ U!Summai'y ~
U! Titles I and llI*oftheFlSA codied as 50 U.SlC. §§ 1801, et seq.! provide the standard, "traditional methods-of collection against agents of foreign powers including United States andnon-United States persons! and foreign power establishments inside the United States. Title VIIof F ISA, Additional Procedures-Regarding Certain Persons Outside the United States, providesmeans for collections ofindividuals outside the United States.
11.14.2. U! Legal Authority
U! FISA Amendments Act of zoos 22 Stat 2436! 1
U! AGG-Dom, Part V.A.13 .
I1.14.3. U! Denition of Investigative Method i '
U! Title Vlltisvto be used for conducting.FlSAs on certain persons located outside the United States I W I I ' I S I e B
'11.14.4. U//FOUO! Standards for Use and Approval Requirements for Investigative
Method
U//FOUO! See requirements under DIOG Sections 11.12 and 11.13 and requirements specifiedabove. -
11.14.5. U! _Duration of Approval . ' 1 V
U//FOUO! See requirements under DIOG Sections 1 1.12 and l 1.13
,11.14.6. U//FOUO! Specic Collection Procedures for Title VII
U!.The. relevant procedures or collections! under Title VII are:
A. U! Section 702 - "Procedures for Targeting Certain Persons Outside the United States
Other than United States Persons"
U//FOUO! Under Section 702, the Govemment has the authority to target nonUnited States_ persons who are located outside the United States if the collcctionis effected with theassistance of a United States provider and if the collection occurs inside the United States.This section does not require a traditional FISA request. Rather, under this section theAttomey General and the Director of National Intelligence are required to le yearlydeterminations led as "Certications"! with the FISC that authorize the targeting, ofpersons reasonably believed to be located outside the United States to acquire foreignintelligence information. The Certications are accompanied by, in the case of the FBI, anafdavit signed by the FBI Director. In addition, the FBI is required to le "TargetingProcedures" designed to ensure that the acquisition is limited to persons reasonably believedto be located outside the United States and "to prevent the intentional acquisition of anycommunicationsas to which the sender and all intended recipients are known at the time ofthe acquisition to be locatedin the United States."'Finally, the FBI is also required to follow. minimizationprocedures. -
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U! Section 703': "Certain Acquisitions Inside the United States Targeting United StatesPersons Outside the United States"
U//F OUO! Under Section 703, the Government has the authority to target United Statespersons who are located outside the United States if the collection is effected with theassistance of~a United States provider and if the collection occurs inside the United States.This section only authorizes .electronic surveillance or the acquisition of stored electroniccommunications or storedelectronic datathat requires a courtorder. Under this section, theFBI will submit a»FISA request and obtain a FISC order and secondary orders, as needed.Theprocess is the same as the current F ISA process. Refer to the F ISA Unit's website forfurther information. This section allows for emergency authorization and the F BI's StandardMinimization Procedures apply to the collection. Finally, undervthe statute, the surveillance
must cease immediately if the target enters the United States. If the FBI wishes to surveil theUnited States person while he.or she is in the United States, the FBI must obtain a separatecourt order under Title I electronic surveillance! and/or Title IIl physical search! of FISA inorder to surveil that United States person while the person is located in the'United States.
U!, Section- 704 -. "Other Acquisitions Targeting United States Persons Outside theUnited States! 7
U//FOUO! Under Section 704, the Govemment has the authority to target United Statespersons who are located outside the United States ifthe collection occurs outside the UnitedStates¢ i.e., without the assistance of a United States provider!. The statute requires that.theFISA court issue an order nding probable cause to believe that the United States persontarget is an agent of aforeign power and reasonably believed to beilocated outside the UnitedStates "under-circumstances in which the targeted United States person has a_re_asonableexpectation ofprivacy and a warrant would be required if the acquisition were conducted inthe United States for law enforcement purposes." Under this section, the FBI will submit aFISA.request and obtain a FISC order but will not obtain secondary orders. The-process forobtaining these orders isthe same as the currentFISA request process. Refer to the FISAUnit's intranet website for further information. This section allows for emergencyauthorization and the FBI's Standard Minimization Procedures apply to the collection.Finally, surveillance authorized under this section must cease if the United States personenters-the.United Statesibut may be re-started ifthe person is again reasonably believed to beoutsidethe United States during the.authorized period of surveillance; However, if there is aneed to surveil the target while the target is located inside the United States, a separate courtorder must be obtained.
U//FOUO! Generally, the F Blrequires the assistance of other USIC agencies to implementthis type of surveillance: Specic procedures for requesting that another USIC agencyimplement the surveillance for the FBI, if necessary, are classied anddelineated in Q
Corporate Policy l2lN.
U! Section 705 - "Joint Applicationsand Concurrent Authorizations"
U//FOUO! Section 705 a!, joint applications, allows for the FISC to, upon request of theFBI, authorize ajoint application for targeting a United Stateslperson under both Sections703 and 704 inside andioufside the United States simultaneously!. _
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U//FOUO! Section 705 b!, concurrent authorizations, states that if an order has been *obtained under Section 105 electronic surveillance under Title I ofFISA! or 304 physicalsearch under Title III of FISA!, the Attorney General m'ay authorize the targeting of a*Unitcd
The Attomey General has this authority under E.O. 12333 § 2.5. In other words, if a UnitedStates person target of a "regular" PISA travels outside the United'States during the
authorized period of the surveillance, the Attomey General, under Section 705 b! and E.O.12333 § 2.5, can concurrently authorize surveillance to continue while the person is overseasobviating the need to obtain a separate order under Sections 703 or 704. To effectuate this
authority, the.Attorney General's "Approval page" on all FBI United States person FlSAs
contains standard language authorizing surveillance abroad, if needed. . ;Statesperson while such person is reasonably believedito be located outside the United States.
U//F_OUO A
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12. U! Assistance to Other Agencies
12.1. U! Overview _
U//FOUO! Part ll of the AGG-Dom authorizes the FBI to conduct investigations in order todetect or obtain information about, and prevent and protect against, federal crimes and threats to_the national security and to collect foreign intelligence. Part III of the AGG-Dom, Assistance to,OtherrAgenc_ies, authorizes the FBI to provide investigative assistanceto other federal, state,localor tribal, or foreign agencieswhen the investigation has those same objectives or when theinvestigative assistance is legally authorized for other purposes. Accordingly, FBI employeesmay provide assistance even if it is not for one of the purposes identied as grounds for an FBIinvestigation or assessment, if providing the assistance is otherwise authorized by law. For
example, investigative assistance is legally authorized in certain-contexts to state or local, agencies in the investigation of crimes under state or local law, as provided in 28 U.S.C. 1r §§ 54O;felonious killing of state and local law enforcement officer; 540A-violent crimeagainst travelers; 540Bserial killings, andfto foreign agencies in the.-investigation of foreignlaw violations pursuant to intemational agreements. The FBI may use appropriate lawful.metho<;ls inany authorized investigativeassistance activity; * -
12.2. U! Purpose and Scope i
U! The AGG-Dom pennitsf FBI personnel to provide investigative assistance to:
A. U! Authorized intelligence activities of other USIC agencies;
B. U!, Any federal agency in the investigation of federal crimes, threats to the national security,foreign intelligence collection, or any other purpose that may be lawfully authorized;
C. U! Assist the President in determining whether to use the armed forces pursuant to 10 U.S.C §§ 331-33,'when DOJ-authorized as described in Section l2.5}B.l.c, below;
D. U! Collectinformation necessary to facilitatepublic demonstrations in order-to protect theexercise of First Amendment rights and ensure public health andsafety, when DOJ~authorized and within the restrictions described in Section l2.5.B.l .d,tbelow;
E. U! State or local agencies in the investigation of crimes under state or local law where
authorized by federal law e.g., 28 U.S.C.-§§ 54Ofelonious killing of state and local lawenforcement officer; S40Aviolent crime against travelers; 540B-serial killings!;
. F. U! State, local, or tribal agencies in the investigation of matters that may involve federalcrimes or threats to national security, or for such other purposes as may be legally authorized;
and
G. U! Foreign agencies in the investigations of foreign law violations pursuant to intemational
agreements, and as otherwise set forth below, consistent withthe interests of the UnitedStates including national security interests! and with due consideration of the effect on any VUnited States person.
U! The FBI is further authorized to provide technical and scientic assistance to all dulyconstituted law enforcement agencies, other organizational units of the. Department of~Justice,and other federal agencies. 28 C.F.R. § 0.85 g!. The FBIs authority and procedures forproviding technical assistance is further set forth in Section 12.6 below.
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U! Authorized investigative assistance_by the FBI to other agencies includes participation injoint operations and activities with such agencies. AGG-Dom; Part lll.E. l! The procedures forproviding investigative assistance, together with the approvaliand notication requirements, are
provided below.
~12.3. U//FOUO! Standards for Providing and Approving Investigative Assistance to
Other Agencies i
U//FOUO! The determination of whether to provide FBI assistance to other agenciesis bothstatutory and discretionary and must be based on consideration of the following factors:
A. U//FOUO! Assistance is within the scope authorized by the AGG-Dom;
B. U//FOUO! Assistance is not basedsolely on the exercise of First Amendment activities or' on the race,.ethnicity, national origin or religion of the subject;.and .
C. U//FOUO! Assistance is an appropriate use of personnel andinancial resources.
12.4. ' U! Documentation, Record Retention and Dissemination
A. U! Documentation
U//FOUO! When providing assistance to a domestic or foreign agency; the requireddocumentation. in an appropriate case le includes: i! the name and type of agency; ii! theinvestigative methods used; iii! the opening and closing dates of the request: ar1d_1!notications required for the investigative activity]-,4
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B. ~ U! Records Retentionfor Assistance Furnished to Another Agency
U//FOUO! A database of records created with the|:_is maintained to permit theprompt retrieval of the status of the assistance activity opened or closed!, the dates ofopening and closing, and the basis for the assistance activity. AGG-Dom, Part III.E.3!
C. U! Dissemination of Information -
U//FOUO! For unclassified information, thel:| should be used to document the 'dissemination of information to: i!.United States Intelligence Community Agencies; ii!United States Federal Agencies; iii! State, Local, or Tribal Agencies; and iv! ForeignAgencies. Dissemination to Foreign Agencies must be in accordance-withthe FBI ForeignDissemination Manual,mdated'May 23, 2008. Classied information must be disseminatedpursuant to applicable federal law, Presidential directive, Attomey» General policy and FBIpolicy. * ' _ . -
12.5. U! Duration, Approval and Notice for Investigative Assistance to Other Agencies
U//FOUO! Investigative assistance that may be fumished to other agencies is described belowby agency type. Dissemination of information totother agencies must be consistentwith Director
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of National Intelligence directives, the A_GG-Dom,'DIOG Section l4, FBI F orei n' ' ' , and'any applicable MOU/MOA, law, treaty or other policy Dissemination Manual .
U//FOUO! Sensitive Investigative Matter: Any assistance to other agencies involving asensitive investigative rriatter requires CDC review, SAC approval, and notication to theappropriate FBIHQ substantive Unit Chief and Section Chief. If assistance is to a foreignagency, notication to the Ofce of lntemational Operations O10! Unit Chief and Section Chiefis also required.! Additionally, FBIHQ must provide notice to the DOJ Criminal Division orNSD as soon as practicable, but not later than 30 calendar days after the initiation of anyassistance involving a sensitive investigative matter see classified appendix for additional notice
requirements!,
U! United States Intelligence Community Agencies
1. U! Authority I
U!/FOUO! The FBI may provide investigative assistance including operational support!to authorized intelligence activities of other USIC agencies. AGG-Dom, Part Ill.A!-Investigative assistance must be in compliance with interagency memoranda of v_ understanding/agreement, if applicable. For.example,=specic approvaland-noticationrequirements exist for CIA domestic activities. |
2. U! Approval
U//FOUO! Prior SSA approval is required for providing assistance to the USIC when theassistance uses investigative methods beyond those authorized in assessments. Assistanceto other agencies using an investigative method authorizedonly for predicatedinvestigations requires supervisory approval at the same level required for the respectiveinvestigative method if used in an FBI investigation. Specically, higher supervisoryapproval and notication requirements may exist for conducting ajoint operation e.g.,investigative operations with the Department of'Detense [DoD], Department ofHomeland Security!, a sensitive investigative matter, and using particular investigativemethods as noted in Sections l0 and Q, and the Division policy guides. Assistance for
investigative methodsbeyond those authorized in assessments must be documented in theF D-999. Approval for?use of specic technologies is setforth in Section l2.6 below and
theOTD Manual. '
B. U! United States Federal Agencies
l. U! Authorities
a. U//FOUO! The FBI may provide assistance to any other federal agency in theinvestigation of federal crimes or threats to the national "security or in the collection ofpositive foreign intelligence. Pursuant to Section 9, collection of positive foreignintelligence requires prior approval from F BIHQ CMS.! The FBI may provideinvestigative assistance to any federal agency for any other purpose that may belegally authorized, including investigative assistance to the Secret Service in supportof its protective responsibilities. AGG-Dom, Part III.B.'1! See DIOG Section 12.6below for guidance in providing technical assistance to federal agencies,
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b. U//FOUO! The FBImus_t follow M_OU/MQA with other federal agencies whereapplicable. Specic approval and notication requirements exist for Ci and Dot!
domesticactivities.
c. U! Actual or Threatened Domestic Civil Disorders p
i. U! At the direction of the AttomeytGeneral, the Deputy Attorney General, or
the Assistant Attorney General for the Criminal Division, the FBI shalltcollect_ information relating to actual or threatened civil disorders to assist the;l?resident
in determining pursuant to the authority of the Presidentunder 10 U.SZC.
§§ 331-33! whether use of the armed forces or militia is required and how adecision to commit troops should be implemented. The information sought shallconcem such matters as: AGG-Dom, Part III:B.2!
a! U! The size of _the actual or threatened disorder, both in number of peopleinvolved or affected and in a geographicarea; ' -
b! U! The potential for violence;
C! U!. The potential. for expansiqn Qfthe .disords=r in lightof Community econditions and underlying causes of the disorder;
d! U! The relationship of the actualor threatened disorder to the enforcement offederal law or court orders and the likelihood that state or local authorities will
assistintenforcing thoselaws or orders; and
e! U! The extent of state or loc_aI resources available to handle the disorder.
- ii. U! Civil disorder investigations will be authorized only for a period of 30 days,but thetauthorization may-be renewed for subsequent 30 day periods.
iii. U! The only investigative methods that may-be used during a civil disorder
investigation are:
a! U! Obtain publicly available information;
b! U! Access andexamine FBI and other DOJ records, and obtain informationfrom any FBI or other DOJ personnel; l.
c! U! Access and examine records maintained by, and requestinformation from,
other federal, state, ,local, ortribal, or foreign governmental entitiesor
agencies;
d!~ U! Use online services and resources whether nonprot or commercial!;
e! ~ U! Interview membersiof the public and private entities; and
U//FOUO!~Note: Such interviews may only be conducted if the FBIemployee" identies himself or herself as an FBI employee and accurately ~discloses the purpose of the interview.
f! U! Accept information voluntarily.provided by governmental or private
entities. ~
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U! Other methods may be used only if authoriged by the Attorney General,_ the Deputy Attomey General, or the Assistant Attorney General for the
CriminalfDivisi0n.
d. U! Public Health and Safety Authorities in -Relation to Demonstrations
i. U! At the direction of the Attorney General, thelDeputy Attorney General, orthe Assistant Attorney Generalfor the Criminal Division, the FBI shall" collect
information relating todemonstration activities that are likely to require thefederal govemment to take actionto facilitate the activities and provide publichealth and safety measures with respect to those activities. The informationsought in such an investigation shall be that needed to facilitate an adequate* federal response to ensure public health and safety and to protect the exercise of ' ,
First Amendment rights, such as; -
a! U! The time, place,.and type of activities planned.
b! U! The number of persons expected to participate.
» c! U!.The expected means and routes of travel for participants and expected
time of arrival.
d! . U! Any planszforlodging or housing of participants in connection with the
demonstration.
ii. U! The only investigative methods that may be used in an investigationaunderthisparagraph are: '
a! U! Obtain publicly available information;
b! U!Access and "examine FBI and other DOJ records, and.obtain infonnationfrom any- FBI or other DOJ personnel; l
~ c! U!*Access and examine records maintained by, and request informationfrom,other federal, state, local, or tribal, or foreign govemmental entities or
agencies;
d! U! Use online services and resources whether nonprot or commercial!;
e! U! Interview of members of the public and private entities; and
U//FOUO! Note: Such interviews may onlybe conducted if the *FBIemployee identies himself or herself as an.FBI employee and-accuratelydiscloses the purpose of the interview.
t! U! Accegféinformation voluntarily provided by govemmental or private Ientities. * I
_ U! Other methods may be used only if authorized by the Attorney General;the Deputy Attomey General, or the Assistant Attomey General for the
Criminal Division.
2. U! Approval . W _
U//FOUO! Prior SSA approval is required for assistance to another federal agency whenthe assistance uses investigative methods beyond those authorized in assessments. _
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Assistance to other agencies using an investigative method authorized only for predicatedinvestigations requires supervisory approval at the same level required for the respectiveinvestigative method if used in an FBI investigation, as provided in Section l l. '
Specically, higher supervisory approval and notication requirements may exist forconducting ajoint operation, a sensitiveinvestigative matter, and using particular .investigative methods, as noted in Sections 10 and Q and in t_he,Division policy guides.Assistance for investigative methods beyond those authorized in assessments must be _documented in the-FD-999. Approval for use of specic technologies is set forth in i
Section l2.6, below and the 'OTD Manual.
C. U! State, Local, or Tribal Agencies -
l. U! Authorities
a. U! The FBI may provide investigative assistance to state, local, or tribal agencies inthe investigation of matters that may involve federal crimes or threats to the nationalsecurity, or for other legally authorized purposes. Legally authorized purposes include,but are not limitedto, a specic federal statutory grant of authority such as thatp provided by 28 U.S.C. §§ 540-felonious killing of state and local law enforcementofcer; 540Aviolent crimeagainst travelers;_§4O_Bse_ri_al killings; AGQ-Dom,PaitllI;C! The'FBI is further authorized to provide other material, scientic andtechnical assistance to state, local, and tribal agencies. See 28 C.F.R. § 0.85 [g] andDIOG Section 12.6, below.!
b. U//FOUO! TheFBI must follow applicable MOU/MOA and/or treaties when itprovides assistance to state, local, and tribal agencies.
c. U1/FOUO! As a federal agency, the FBI's authority to investigate criminal offensesderives from federal statutes and is generally limited to violations of federal law. Seel8 U.S.C. § 3052, 28 U.S.C. 533 ! and-2_8 C.F.R. § 0.85. With limited exceptions,such as those cited in Section l2.2.E., above, the FBI does not have any federalauthority to investigate state crimes. FBI=employees can assist in the investigation ofother criminal matters with state andlocal authorities only if there is a reasonablebasis to believe that the investigation will prevent, detect or lead to evidence oaviolation of federal law or a threat to the national security]
<1; U//FOUO] l
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i. O! When credible. information is received by an FBI employee concerningserious criminal activity not within the FBls investigativejurisdiction, the FBI
employee must promptly transmit the information or refer the complainant to a lawenforcement agency having jurisdiction,.eXcept when disclosure wouldjeopardize anongoinginvestigation, endanger the safety of an individual, disclose the identity of ahuman source, interfere with a human sources cooperation, or reveal legallyprivileged information. If full-disclosure is not made for any of the reasonsindicated,then,.whenever feasible, the FBI employee must make at least limited disclosure to alaw enforcement agency or agencies having jurisdiction, andfull disclosure must bemade as soon as the need for restricting the information is no*longer present. Where
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disclosure is not madeto the appropriate law enforcement agencieswithin 180 days,
the FBI employee/Field*Ofcc must notify the appropriate substantive Unit at FBI IHeadquarters in writing concerning the facts and circumstances concerning thecriminal activity. FBI Headquarters is required to make periodic reports to the DeputyAttorney General on such non-disclosure and incomplete disclosures. AGO-Dom,
Part Vl.C.2! A
U! Approval r _ " » r
U//FOUO! Prior SSA approval is requiredfor assistance to state, local, or tribal agencieswhen the assistance uses investigative methods beyond those authorized- in assessments.Assistance to other agencies using an investigative method authorized only for predicatedinvestigations requires supervisory approval at the same level required for the respectiveinvestigative method if used in an FBI investigation. Specically, higher supervisory
approval and notication requirements mayexist for conducting ajoint operation, asensitive investigative matter, and using particular investigative methods, as noted inSections I0 and Q and in the Division policy guides. Assistance for investigativemethods beyond those authorized in assessments must be documented in the FD-999.Approval for use of specic technologies is setforth in Section 12.6, below and the
Manual.it
e D; U! 4ForeignAgencies . _ -
1
2. U//FOUO! General: The foundationof the FBI s intemational program is the Legat;Each Legat is the Directors~personal representative in»the foreign countries in whichhe/she resides or has regional responsibilities. The Legatsjob isto respond to the FBIsdomestic and foreign investigative needs. The Legat can accomplish this because he orshe has developed partnerships and fostered cooperation with -his-or her foreigncounterparts on every level and is familiar with investigative rules, protocols, andpractices that differ from country to country. This is the Legats primary responsibility.As such, foreign agency requestsfor assistance will likely come tothe FBI through theLegat. If, however, foreign agency requests for assistance bypass the Legat, the=FBIemployee must notify the Legatand OIO, as discussed in greater detail below.
U! Authorities l _
_a. U//FOUO! At the request of foreign law enforcement, intelligence, or securityagencies, the FBI may conduct investigations or provide assistance to investigationsby such agencies, consistentwith the interests of the United States including nationalsecurity interests! and with due consideration of the effect on any United Statesperson. AGG~Dom, Part lII.D. 1! The FBI must follow applicable MOUs, MOAs,Mutual Legal Assistance Treaties MLAT! and other treaties when it providesassistance to foreign goveminents. .i. - U//FOUO] I H V
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ii. _ U//FOUO!' .
U//FOUO!
d U//FOUO! The FBI may not provide assistance to foreign law enforcement;
intelligence, or security ofcers conducting investigations within the United Statesunless such ofcers have provided prior written notication to the Attomey Generalof their status as an agent of a foreign government,»as required by l8 U.S.C. § 951. AGG-Dom, Part III.D.2! The notication required by 18 U.S.C. § 951 is not
applicable to diplomats, consular officers or- attachés.
U//FOUO! Upon the request of a foreign govemment agency, the FBI may conduct!2@1¢kgr_9y1n§l~i.n51uir.ies concerning individqalswhose eonsent is. dQ§UIT.1§I1'f6d». AGG~Dom, Part III.D.3!
U//FOUO! The AGG-Dom, Part lII.D.4 authorizes the FBI to provide other materialand technical assistance to foreign govcmments to the extent not otherwise prohibitedby law. AG Order 2954-2008 authorizes the FBI to provide technical assistance to
foreign governments, as referenced below in Section 12.6.
U! Approval ~
3
b.
C
L F U//FOUO! Prior SSA approval is required for all assistanceto foreign agencies. Allassistance must be documented in the FD-999 and that approval should be
documented in the le.
U//FOUO
U//FOUO
U//FOUO
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11. U771=0_uoj
4. U! Notice
a. U//FOUO
b. U! The FBI must notify the DOJ NSD conceming investigation or assistance whereboth:~ i! FBIHQS approval for the activity is required e.g., FBIHQ approval requiredto use a particular investigative. method!; and ii! the activity relates to a threat to theUnited States national security; _Th'e FBIHQ Divisionaapproving the use of theinvestigativemethod must notify DOJ NSD as soon asrpracticable, but no later than30 calendar days after FBIHQ approval see classied appendix f|: AGG-Dom, Part 111.111! _
5. U! Dissemination
U//FOUO! All dissemination of FBI informationto foreign agencies must be conductedaccording to the FBI Foreign Dissemination Manual; dated May 23, 2008
12.6. U//FOUO! Standards for Providing and Approving Technical Assistance to.Foréign,State, Local and Tribal Agencies 1 I
A. U! Authority .
"1. U//FOUO
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U//FOUO! All technical assistance must be approved by .the Director or hisydesignatedsenior executive FBI ofcial,'as provided in the OTD manual. All technical assistance mustbe documented in an FBI assessment le, predicated investigation le, a domestic policecooperation le, a foreign police cooperation le, or other investigative/technical assistancegontrolle, Additionally, all.technical assistance must be documentedin theFD-999 or itssuccessor. ' .
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13. U! Extraterritorial Provisions
13.1. U! Overview
U//FOUO! The.FBI may conduct investigations abroad, participate, with foreign officials ininvestigations abroad,.or otherwise conduct activities outside the United States. The guidelinesfor conducting investigative activities outside of the United States are currently contained in: i!The Attorney General s Guidelines for Extraterritorial FBI Operations and CriminalInvestigations; ii! The Attorney General s Guidelines for FBI National Security Investigationsand Foreign Intelligence Collection; and iii! The Attorney General Guidelines on theDevelopment and Operationlof FBI Criminal Informants and Cooperative Witnesses inExtraterritorial Jurisdictions collectively, the Extraterritorial Guidelines!. The AttorneyGeneral s Guidelines for Extraterritorial FBI Operations are currently being drafted, asdiscussed in DIOG Section 211, and will supercede- the above listed guidelines, or applicableprovisions thereof. l
13.2. U! Purpose and Scope
U//FOUO! As a general rule, the Extraterritorial Guidelines apply when FBI persomel orcondential human sources are actively engagediin investigative activitvoutside theborders of *tlie'United States. I ' Z313
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U//FOUO! FBI personnel planning to engage in any of the investigative activities described inthe subsection above must obtain the concurrence of the appropriate Legat and must comply withthe remaining procedural requirement of the Extrater_ritorial~Guidelines. For additionalinformation consult the Extraterritorial Section of the OGC website. "
13.3. U! Legal Attache-Program I
U//FOUO!~The foundation of the FBIs international program is the-Legat. Each Legat is theDirect0rs personal representative in the foreign countriesin which he/she resides or has regionalresponsibilities. The Legatsjob is to respond to the F BIs domestic and extraterritorialinvestigative needs. Legats can accomplish this mission because they have developedpartnerships and fostered cooperation with their foreign counterparts on every level and arefamiliar withlocal investigative rules, protocols, and practices which differ from country tocountry. For additional information consult the FBIHQ OIO website.
/I
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14. U! Retention and Sharing of Information
, 14.1. U! Purpose and Scope 7
U//FOUO! Every FBI component is responsible for the creation and maintenance of authentic,
reliable, and trustworthy records. Without complete and accessible records,_the FBI cannot
conduct investigations, gather and analyze intelligence, assist with the. prosecution of criminals,
oraperform any of its critical missions effectively. . ~
U//FOUO! The FBI is committed to ensuring that its records management program
accomplishes the following goals:
A. U//FOUO! Facilitates the documentation of ofcial decisions, policies, activities, and
transactions; '
B. U//FOUO! Facilitates the timely retrieval of needed information;
C. U//FOUO! Ensures continuity of FBI business; I
D. U//FOUO!.Controls the creation and growth of FBI records;
E. U//FOUO! Reduces operating costs by managing records according to FBI business needs
and by disposing of unneeded records in a timely manner;
F. U//FOUO! Improves efciencyand productivity through effective records-storage andretrieval methods; '
G. U//FOUO! Ensures compliance with applicable laws and regulations;
I-I. U//FOUO! Safeguards the FBIs mission-critical information; .
I. U//FOUO! Preserves the FBIs corporate meinory and history; and I
J. U//FOUO! Implements records management technologies to support all of the goals listed
above.
14.2. U! The FBIs Records Retention Plan, and Documentation . -
U//FOUO! The FBI must retain.re<_:ords relating to investigative activities according to a records
retentionplan approved by the NARA. AGG-Dom, Part VI.A.l! _
U//FOUO! The FBIs disposition authorities provide specic instructions about the length of
time that records must be maintained. In some instances, records may be destroyedaer a '
prescribed period of time has elapsed. Other records are neve_r destroyed and are transferred to
NARA a certain number of years after a case was closed.
A. U//FOUO! The FBI must maintain a database or records system that permits, with respect to
each predicated investigation,» the prompt retrieval of the status of the investigation open or
closed!, the dates of opening and closing, and the basis for the. investigation. AGG-Dom,
Part VI.A.2!
U//FOUO! The FBI has updated its ofcial File Classication System to cover records
related to all investigative-and intelligence collectionactivities, including assessments.
Records are maintained in the FBIs Central Records System or other designated systems of
records, that provide the required maintenance and retrieval functionality.
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B. U//FOUO! Assessments must also adhere to the standards as set forth in the RecordsManagement Division Disposition Plan and Retention Plan. All records, includingassessments, may be destroyed or expunged earlier than the destruction schedule through
proper authority.
U//FOUO! All Bureau records are maintained for their full retention periods, except undercertain. circumstances under which they may-be either destroyed earlier or retainedjlonger.Records may be retained for a longer period than their disposition authority specifies,.if theyare subject to a Iitigationefreeze. Court orders may direct that certain records be expungedfrom a case le, or more rarely! that the entire case le be expunged. Undercertaincircumstances, individuals may. also request that certain records be expunged. Expungementof records may mean the physical removal and destruction of some or all of the record or,depending on the court order and the govemingstatute or program, it may mean the removal,sealing, and secure storage of records away from the remaining le. In most instances, onlycertain documents, not the entire le, are subject to expungement.
14.3. U! Information Sharing
U//FOUO! The FBI 2008 National Information Sharing Strategy NISS! providesthe commonvision, goals, and framework needed to guide iiifoimation>shariiig~ initiatives.with our federal,state, local, and tribal agency partners; foreign government counterparts, and private sectorstakeholders. The FBI NISS addresses the cultural and technological changes required to movethe FBI to a responsibility to provide culture. This will be accomplished by using the bestpractices and technology standards of both communities as we support the intelligence and lawenforcement communities in collection, dissemination, analysis, collaboration,and operationalefforts. -
A. U! Permissive Sharing
U//FOUO! Consistent with the Privacy Act and any other applicable laws and memorandaof understanding or agreement with other-agencies concerning the dissemination ofinformation, the FBI may disseminate information obtained or produced through activities" under the AGG-Dom:
1. U//FOUO! Within the FBI and to all other components of the Department of Justice ifthe recipients have need of the information in the perfonnance of their official-duties.
2. U//FOUO! To other federal agencies if disclosure is compatible with the purpose forwhich the information was collected and it is related to their responsibilities. In relationto other USIC agencies, the determination whether the information is related to the. recipient responsibilities may be left to the recipient.
3. U//FOUO! To state, local, or Indian tribal agencies directly engaged in the criminaljustice process where access is directly related to a law enforcement function of the
recipient agency.
4. U//FOUO! To congressional committees as authorizedby the DOJ Ofce of
Legislative Affairs,
5. U//FOUO! To foreign agencies if the FBI determines that the information is related totheir responsibilities; the dissemination is consistent with the interests of the United
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States including national security interests!; and where the purpose of the disclosure iscompatible with the purpose for which the information was collected.
_ 6. U//FOUO! If theinforrnation is publicly available, does not identify United States l
persons, or is disseminated with the consent of the person whom it concems.
7. U//FOIJO! If the dissemination is necessary to protect-the safety or securityof personsor property, to protect against or prevent a crime or imminent threat to the nationalsecurity, or to obtain information for the conduct»of an authorized FBI investigation.
8. . U//FOUO! If dissemination of the information is otherwise permitted by the PrivacyAct u.s.c.§ 552a! AGG-Dom, Part VI.B.1! .
U//FOUO! All FBI'information sharing activities under this section shall beaccording toCorporate Policy Directive 12D, FBI Sharing Activities with OtherGovemment Agencies, Q Protecting Privacy in.the Information Sharing Environment, and any amendmentsthereto and applicable succeeding policy directives.
B. U! Required Sharing g _ '
_U//FOUO! The FBI must share and disseminate information as required by statutes, treaties,Executive 0rd'¢r$.~Br¢[email protected],dir§¢tiv@$§.N§tiQna.l Security Council directivesl-Iom¢land=Security Council directives, DNI directives, Attomey General-approved policies, and MOUsor MOAs; as consistent with the Privacy Act.
14.4. U! Information Related to Criminal Matters
A. U! Coordinating with Prosecutors
U//FOU_O! ln an investigation relating to possible criminal activity in violation of federallaw, the FBI employee conducting the investigation must maintain periodic written or oralcontact with the appropriate federal prosecutor, as circumstances warrant and as requested bythe prosecutor. When, during such an investigation, a matter appears arguably to warrantprosecution, the FBI employee must present the relevant facts to the appropriate federalprosecutor. Information on investigations that have been closedmust be available on requestto a United States Attomey or hisor hetdesignee or an appropriate Department of Justice
official. AGG-Dom, Part VI.C! -
. U! Criminal Matters Outside FBI Jurisdiction
U//FOUO! When credible information is received by an FBI employeeconceming seriouscriminal activity not within the FBIs investigative jurisdiction; the FBI employee mustpromptly transmit the information or refer the complainant to a-law enforcement agencyhaving jurisdiction, except where disclosure would jeopardize an ongoinginvestigation,endanger the safety of an individual, disclose the identity of a CHS, interfere with thecooperation of a CHS, or reveal legally privileged information. If full disclosure is not madefor the reasons indicated, then, whenever feasible, the FBI employee must make at leastlimited disclosure to a law enforcement agency or agencies havingjurisdiction, and fulldisclosure must be made as soon as the need for restricting disclosure is no longer present.Where fulldisclosure is not made to the appropriate law enforcement agencies within 180days, the FBI employee/Field Office must promptly notify»FBIHQ in writing of the facts andcircumstances conceming the criminal activity. The FBI must make periodic reports.to the
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Deputy Attomey General on such non-disclosures and incomplete disclosures,tin a formsuitable to protect the identity of a CHS. AGG-Dom, Part VLC!
C. U! Reporting of Criminal Activity
U//FOUO! When it appears that an FBI employee has engagedin criminal activity in thecourse of an investigation under the AGG-Dom, the FBI must notify the USAO or anappropriate DO] Division. When itappears that a CHS has engaged in criminal activity in thecourse" of an investigation under the AGG-Dom, the FBI mustproceed as provided in theAGG-CHS. When infonnation conceming possible criminal activity by anyother personappears in the course of an investigation under the AGG-Dom, the FBI must initiate aninvestigation ofthe criminal activity if warranted. AGG-Dom, Part VI.C.3!
U//FOUO! The reporting requirements- under this ,paragraph»r'elating to criminal activity byan FBI employee or a CHS do not apply to otherwise illegal activity that is authorized, inconformity with the~AGG~Dom or other Attomey General guidelines or to minor trafcoffenses. AGG-Dom, Part Vl.C.3!
14.5. U! Information Related to National Security and'Foreign Intelligence Matters
U//FOUO! All information sharing with a foreign govemment related to classied national -security andlforeignintelligencemustadhere to 'the:FBl ore'ign*Dis§emination Ma"nTial: effective05/23/2008 and effective policiesigoveming MOUs.
U//FOUO!;The general principle reected in current law and policy is that there is a.responsibility to provide information as consistently and fully as possible toagencies withrelevant responsibilities to protect the United S_tates"and its people from terrorismand otherthreats to the national security, except as limited by specic constraints on such sharing. TheFBIs responsibility in this area includes carryingout the requirements of the MOU Between theIntelligence Community, Federal Law Enforcement Agencies, and the Department of Homeland.Security Conceming Information Sharing March 4, 2003!, or any successor memorandum-ofunderstanding ortagreement. Specic requirements also exist for intemalcoordination andconsultation with other DOJ components, and for sharing national security and foreignintelligence information with White I-louse agencies, as provided in the ensuing paragraphs. AGG-Dom, Part Vl.D!_ e
U! Department of Justice
A. U//FOUO! The DOJNSD must have access to allinformation obtained by the FBI throughactivities relating to threats to the nationalsecurity or foreign intelligence. The Director ofthe FBI and the Assistant Attomey General for Nat_ionalSecurity must consult concemingthese activities whenever requested-by either of them, andthe FBI must provide such reportsand information conceming these activities as the Assistant Attorney General for NationalSecurity may request. In addition to any reports or-information the Assistant AttomeyGeneral for National Security may specially request under this subparagraph, the FBI-mustprovide annual reports to the NSD conceming its foreign intelligence collection program, including information coneerning the scope and nature offoreign intelligence collectionactivities in each FBI Field Office. AGG-Dom, Part Vl.D.l! ,
B. U//FOUO! The FBI must keep the NSD apprised of all infonnation obtained throughactivities under the AGG-Dom that is necessary to the ability of the UnitedState's toinvestigate or protect against threats to the national security, that includes regular
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consultations between the FBI and the NSD to exchange advice and information relevant toaddressing such threats through criminal prosecution or other means. AGG-Dom, PartVl.D.1! ,
C. U//FOUO! Except for counterintelligence investigations, a relevant USAO must have accessto and must receive information from the FBI relating to threats to the national security, andmay engage in consultations with the FBI relating to such threats, to the same extent as the- NSD. The relevant USAO must receive such access and information from the F,BI~Field.'Offices. AGG-Dom, Part VI.D. l! .
D. U//FOUO! In a counterintelligence investigation e.g., an investigation relating to a matterdescribed in Part VIl.S.2 of the AGG-Dom the FBIs providing information to and -consultation with a relevant USAO is subject to authorization by the NSD. In consultationwith the Executive Ofce for United States Attomeys and the FBI, the NSD must establishpolicies setting forth circumstances in which the FBI will consult withthe NSD prior toinforming a relevant USAO about such an investigation. The policies established by the NSD
must among other things! provide that:
l. U//FOUO! The NSD will, within.30 days, authorize the FBI to share with the USAOinformation relating to certain espionage investigations, as dened by thepolicies, unless~ such information 'iswithheld'becau§e of substantial national security considerations; and
2. U//FOUO! T_he FBI may consult freely with the USAO concerning investigations withinthe scope of this subparagraph during an emergency, so long as the NSD is notied ofsuch consultation as soon as practicable aer the consultation.> AGG-Dom, Part Vl.D. 1.!
E. U//FOUO! Information shared with a USAO pursuant to DIOG subparagraph l4.5 NationalSecurity! must be disclosed only to the United States Attomey or any AUSA designated bythe United States Attorney as points of contact to receive such information. The UnitedStates Attomey and designated AUSA must have an appropriate security clearance andmustreceive training in the handling of classied information and information derived from F ISA,including training conceming the secure handling and storage of such information andtraining conceming requirements and limitations relating to the use, retention, anddissemination of such information. AGG-Dom, Part Vl.D.1!
F. U//FOUO! The disclosure and sharing of information by the FBI under this paragraph issubject to any limitations required in orders issued by the FISC, controls imposed by theoriginators of sensitive material, and restrictions established by the Attorney General or.theDeputy Attomey General in particular cases. The disclosure and sharing of information bythe FBIunder.this paragraph that may disclose the identity of a CHS is govemed by therelevant provisions of the AGG-CHS. AGG-Dom, Part VI.D. l!
U! White House I
U//FOUO! In order to carry. out their responsibilities, the President, the. Vice President, theAssistant to the President for National Security Affairs, the Assistant to the President forHomeland Security Affairs, the National Security Council NSC! and its staff, the HomelandSecurity Council HSC! and its staff, and other White House ofcials and ofces requireinformation from all federal agencies, including foreign intelligence, and information relating to- intemational terrorism and other threats -to the national security. The FBI accordingly may
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disseminate to the White House foreign intelligence and national security information obtainedthrough activities under the AGG-Dom, subject to the following standards and procedures.
A
B
C
D. U//FOUO!*White House must request such information through the NSC staff or HSC staffincluding, but not limited to, the NSC Legal and Intelligence Directorates and Office of
Combating Terrorism, or through the Presidents Intelligence Advisory Board or the Counselto the President. AGG-Dom, Part VI.D.2.a!
U//FOUO!'If the White House sendsea request for such infor_ination'to the FBI without rstsending the request through the entities described above, the request must be returned to the
White House for resubmission.
U//FOUO! Compromising information conceming domestic ofcials or political ,organizations, or information concemingactivities of United States persons intended to affectthe political processjn the United States, may be disseminated to the White House only withthe approval of the Attomey General, based on a determination that such dissemination isneeded for foreign intelligence purposes, for the purpose ofprotccting against internationalterrorism or other threats to the national security, or for theconduct of foreign affairs.
However, such approval is not required for di§§en1in_at_i_on,_-to the Wh,ite.House of'inf0rmati0n_concerning efforts of foreign intelligence services to penetrate the White >House, orconceming contacts by White House personnel with foreign intelligence service personnel. AGG-Dom, Part VI.D.2.b! . '
U//FOUO! Examples of types of information that are suitable for dissemination to the WhiteHouse on a routine basis include, but are not limited to AGG-Dom, Part VI.D.2.c!:
1,. U//FOUO! Information concerning intemational terrorism;
2. U//FOUO! Information concerning activities of foreign intelligence services in theUnited States; -
3. U//FOUO!Information indicative of imminent hostilities involvirig any foreign power;
4. U//FOUO! Information conceming potential cyber threats to the United Statestor itsallies; '
5. U//FOUO! Information indicative of policy positions adopted by foreign officials, -governments, or powers, or their reactions to United States foreign policy initiatives; M
6. U//FOUO! Infomation relating to possible changes in leadership positions of foreign
govemments, parties, factions, or powers;
7. ' U//FOUO! Information concerning foreign economic or foreign political matters thatmight have national security ramications; and
8. U//FOUO! Information set forth in regularly published national intelligence
requirements.
U//FOUO! Communicationsby the FBI to the White House that relate to a national securitymatterand concem a litigation issue for a specific pending case must be made known to theOfce of the Attomey General, the Ofce .of the Deputy Attorney General, or the Ofce ofthe Associate Attorney General. White House policy may limit or prescribe the White Housepersonnel who may request information conceming such issues from the FBI. AGG-DomPart VI.D.2.d!
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-;,_____ If E. U//FOUO! The limitations on dissemination of infonnation by the FBI to the White Houseunder the AGG-Dom do not apply to dissemination to the White House of informationacquired in the course of an FB_l investigation requested by the White House into thebackground of a potential employee or appointee, or responses to requests from the WhiteHouse under E.O. 10450 relating to security requirements for government employment, AGG-Dom, Part Vl.D.2.e! I .
i 14.6. U! Special Statutory Requirements e
A. U! Dissemination of information acquired under the FISA is, to the extent providedin thatAct, subject to minimization procedures and other requirements specied in that Act. AGG-Dom, Part Vl.D.3.a!
U! Information obtained through the use of NSLs under l5 U.S.C. § l681v NSLs to obtainfull credit reports!may be disseminated in conformity with the general standards of AGG-Dom, Part VI, and DIOG Section l l.9.3.G. Informationobtained through the use of NSLsunder other statutes may bedisseminated in conformity with the general standards of theAGG-Dom, Part VI, subject to any applicable limitations in their governing statutoryprovisions see DIOG Section ll.9.3.G!: 12 U.S.C. §3414 a!! B!; 15 U.S.C. § 1681u f!;I8 U.S.C. § 2709 d!; 50 U.S.C. §436 e!. AGG-Dom, Part Vl.D.3'.b!'B.
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15. U! Intelligence Analysis and Planning
15.1. U! Overview .
U//FOUO! The AGG-Dom provide specic guidance and authorization for intelligence analysisand planning. This authority enables the FBI to identify and understand trends, causes, andpotential indicia of criminal activity and other threats to the United States that wouldénot beapparent from the investigation of discrete matters alone. By means of intelligence analysis andplanning, the FBI can more effectively discover criminal threats, threats to the national security,and other matters of nationalintelligence interest,.and can provide the critical support needed forthe effective discharge of its investigative responsibilities and other authorized activities. AGG-Dom, Part IV! '
U//FOUO! In carrying out its intelligence functions under Part IV of the AGG-Dom, the FBI isauthorized to collect information using all assessment investigative methods authorized in Part Iof the AGG-Dom as described in the'DIOG Section Si
Investigative activities under the'AGG-Dom and other legally authorized activities throughwhich the FBI acquires infomation, data, or intelligence may properly be utilized, structured,and prioritized to support and effectuate the FBIs intelligence mission. AGG-Dom, PartII.A.3.d and Part IV, Intro.!
U//FOUO! Note: In the DIOG,the word assessment has two distinct meanings. The AGG-Dom authorizes as an investigative activity an assessment, which requires an authorizedpurpose asdiscussed in Section 5. The USIC, however, also uses the word assessment todescribe written intelligence products, as discussed in Section l5.7.B.
15.2. U! Purpose andScope
A. U//FOUO! Functions Authorized: The AGG-Dom authorizes the FBI to engage inintelligence analysis and planning to facilitate and support investigative activities and otherauthorized activities. The functions authorizedinclude:
1. U//FOUO! Development of overviews and analyses conceming threats to andvulnerabilities of the United States and its interests, such as domain management asrelated to the 'FBIs responsibilities;
2. U//FOUO! Research and analysis to produce reports and assessments analyticalproducts! conceming matters derived from or relevant to investigative activities or otherauthorized FBI activities; and
3. . U//FOUO! The operation of intelligence and infonnation systems that facilitate and .support investigations and analysis through the compilation and analysis of data andinformation on an ongoing basis. AGG-Dom, Introduction B!
B. U//FOUO! Integration of Intelligence Activities: In order to protect against nationalsecurity and criminal threats through intelligence-driven operations, the FBI should integrateintelligence activities into all investigative efforts by:
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l. U//FOUO! Systematically assessing particular geographic areas or sectors to identifypotcntial threats, vulnerabilities, gaps, and collection opportunities inresponse to FBIcollection requirements that support the broad range of FBI responsibilities;
2. U//FOUO! Pro-actively directing resources to collect against potential threats and other-matters of interest to the nation and the FBI, and developing new collection capabilitieswhere needed; - .
3. U//FOUO! Continuously validating collection capabilities to ensure information
integrity;
4. U//FOUO! Deliberately gathering information in response to articulated prior-ityintelligence requirements using all available collection resources, then expeditiouslypreparing the collected information-for analysis and dissemination and promptly 'disseminating it to appropriate partners at the local, state,.national and foreign level; and
S. U//FOUO! Purposefully evaluating the implications. of collected information on currentand emerging threat issues. -'
C. U//FOUO! Analysis and Planning not Requiring the Initiation of an AGG=Dom Part IIAssessment see DIOG Section 5 : -
¢ .
As_ part of'such analysis, an FBI employee can analyze historical information already.contained within:_ FBI data svstems: _ ii! USIC systems to which the FBI employee hasaccess e.g.,|' ' . i I i; iii! any other United StatesGovem_n_1ent data
system to which the FBI employee has access; and iv! the F-Blvemployee can also conductopen-source Internet searches. Open-source lntemet searches do notinclude anv_paid-for=service databases such as Lexis-Nexis and Choicepointl i y I
~ .
15.3. U! Civil Liberties and Privacy 1
U! The'FBI must collect intelligence criticalto the FBIs ability to carry out its intelligence andlaw enforcement mission. While conducting intelligence analysis and planning, the FBI willconductits activities in compliance with the Constitution, federal laws, the,AGG-Dom and otherrelevant authorities in order to protect civihliberties and privacy.
15.4. U! Legal Authority I e
U! The FBI is an intelligence agency as well as a law enforcementeagency. Accordingly, itsbasictfunctions extend beyond limited investigations of discrete matters, and include broaderanalytic and planning functions. The FBIs responsibilities in this area derive from variousadministrative and statutory sources. See, e.g., E.O. 12333 § l.7 g!;-28U.S.C. §§ 532 note incorporating P.L. I08-458 §§ 2001-2003! and-534 note incorporating P.L. 109-162 § 1107!.
U//FOUO! The scope of authorized activities under Part II of the AGG-Domvis not limited to investigation in a narrow sense, such as solving particular cases or obtaining evidence for use
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in particular criminal prosecutions. Rather, the investigative activities authorized under theAGG-Dom may be properly used to provide critical information needed for broaderanalytic andintelligence purposes to facilitate the solution and prevention of crime, protect the nationalsecurity, and further foreign intelligence objectives. These purposes include use of theinformation in intelligence analysis and planning under AGG-Dom, Part IV, and disseminationof the information to other law enforcement, USIC, and White House agencies under AGG-Dom,Part VI. Accordingly, information obtained at all stages of investigative activity is to-be retainedand disseminatedfor these purposes as provided in the AGG-Dom, or in FBI policy consistentwith the AGG-Dom, regardless of whether it furthers investigative objectives in a narrower ormore immediate sense. AGG-Dom, Part II! _
15.5. U//FOUO! Standards for Initiating or Approvinglntelligence Analysis and
Planning
U//FOUO!If an FBI employee wishes to engage in Intelligence Analysis and Planning thatrequires the collection or examination of information not available: i! through an open-sourceIntemet search; ii! in the FBIs existing les; iii! in the USIC data systems to which the FBIemployee has access; or iv! in any other United States Govemment data system to which theFBI employee has acces; an assessment must be initiated. An FBI employee or. approving officialmust dete'n'nine.th'at: . . . .
A. U//FOUO! An authorized purpose and objective exists forthe conduct of an assessment e.g.information isneeded in order to conduct appropriate intelligence analysis and planning!;
B. U//FQUO! The assessment is based on factors otherthan the exercise of First Amendmentactivities or on the race, ethnicity, national origin or religion of the subject; and
C. U//FOUO! The assessment is an appropriate use of personnel and nancial resources.
15.6. U//FOUO! Standards for Initiating or Approving the Use of an AuthorizedInvestigative Method in Intelligence Analysis and Planning
A. U//FOUO!.The use of the particular investigative method is likely to further an objective ofthe assessment; i
B. U//FOUO! The investigative method selected is the least intrusive method, reasonable underthe circumstances; '
C. U//FOUO! If the assessment" relates to positive foreign intelligence, the FBI must operateopenly and consensually with United States persons, to the extent practicable.
D; U/ZFOUO! The anticipated value of the assessment justifies the use of the selectedinvestigative method or methods; and
E. U//FOUO! The investigative method is an appropriate use ofpersonnel and nancial
resources.
15.7. U! Authoi-ized.Activities in Intelligence Analysis and Planning
U! The FBI may engage in intelligence analysis and planning to facilitate or. supportinvestigative activities authorized by the AGG-Dom or other legally authorized activities. .Activities the FBI may carry-outas part of Intelligence Analysis and Planning include:
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A. U//FOUO! Strategic Intelligence Analysis
U//FOUO! The FBI is authorized to develop overviews and analyses of threats to andvulnerabilities of the United States and its interests in areas related to the FBlsresponsibilities, including domestic and intemational criminal threats and activities; domesticand intemational activities, circumstances, and developments affecting the national security.FBI overviews and analyses may encompass present, emergent, and potential threats and -vulnerabilities,-their contexts and causes, and identication and analysis "of means ofresponding to them. AGG-Dom, Part IV!
l. U//FOUO! Domain Management by Field Oftices ' -
U//FOUO! As part of Strategic Analysis Planning activities, the FBI may collectinformation in order toimprove or facilitate domain awareness and may engage in domain management. Domain management is the systematic process by which theFBI develops cross-programmatic domain awareness and leverages its knowledge toenhance its ability to: i! proactively identify threats, vulnerabilities, and intelligence gaps; ii! discovernew opportunities-for needed intelligence collection and prosecution; and iii!set tripwires to provide advance waming of national security and criminal threats.Effective domain'inanag"em'ent enables the FBI to identify signicant threats, detectvulnerabilities within its local and national domain, identify new sources and threatindicators, and recognize new trends so that resources can be appropriately allocated atthe local level in accordance with national priorities. ~ l
, U//FOUO! Through a properly authorized assessment, domain management isundertaken at the local and national levels. All National Domain Assessments are Zinitiated.and coordinated by the DI. Examples of doinainemanagement activities include, b2but are not limited tozl I lcensus crime statistics, 13712;case information, domain entities, trend analysis, source development, and placement of itripwires. Further guidance r?garding domain management and examgles of intelligenceproducts are contained in the . i
U//FOUO! The Field Office domain is the territory and issues for which a Field Officeexercises responsibility, also known as the Field Offices area-of-responsibility AOR!tDomain awareness is the: i! strategic understanding of national security and criminalthreats and vulnerabilities; ii! FBls positioning to collect against these threats andvulnerabilities; and iii! the existence of intelligence gaps related to the domain.
U//FOUO! All information collected for domain management must be documented in an- l . Ias directed in the
b2 ,
ma
, , _ a separate su _stant1ve classication assessment le orsuble, according to the investigative matter, must be opened on the individual.LAdditionallg at any time thatib ' i .
FBIHQ DI provides specic guidance in its] , lregarding, but b2 lnot limited to: the initiation, opening, coordinationandpurpose for Field Office and b7ENational Domain Assessments. "
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2. U//FOUO! Collection Management '
U//FOUO! Collection Management is a fO[Tl'l8.i business process through whichIntelligence lnfonnatioii Needs and Intelligence Gaps e.g., unknowns! are expressed asIntelligence Collection Requirements~ questions or» statements requesting information!and prioritized in a comprehensive, dynamic Intelligence Collection Plan. Results aremonitored, and collectors are _re-tasked as required.
B. U! Written Intelligence Products I
U//FOUO! The FBI is authorizedto conduct research, analyze information, and prepare
reports andintelligence assessments analytical products! conceming matters relevant toauthorized FBI activities, suchas: i! reports and intelligence assessments analytical product!concerning types of criminals or criminal activities; ii! organizedcrime groups, terrorism,espionage, or other threats to the national security; iii! foreign intelligence matters; or iv!the scope and nature of criminal activity in particular geographic areas or sectors of theeconomy. AIGG-Dom, Part IV!
U//FOUO! United States Person Information; Reports,.Intelligence Assessments, andother FBI intelligenceproducts should Q!; contain .United.States,person-information: Vincluding the names.of United States corporations, if the pertinent intelligence can beconveyed without including identifying information.
U//FOUO! FBI intelligence products, both- raw andnished, serve a wide range ofaudiences from national-level policy and decision-makers, intelligence agencies, and state,local and tribal law. enforcement agencies. ' _
U//FOUO! Intelligence products prepared pursuant to this Section include, but are not. limited to: Domain Management, Special Events Management Threat Assessments,Intelligence Assessments, Intelligence Bulletins, Intelligence Information Reports, WMDScientic and Technical Assessments, and Regional Field Office Assessments.
C. U! Intelligence Systems . _
U//FOUO! The FBI is authorized to operate intelligence, identication, tracking, andinformation systems in support of authorized investigative activities, or for such other oradditional purposes as may be legally authorized, such as intelligence and tracking systemsrelating to terrorists, gangs, or organized crime groups. AGG-Dom, Part IV! g ~
U//FOUO] A A
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U//FOUO! When developing a new_ database, the FBI OGC Privacy and Civil Liberties Unit_ must be con ulted ' ' 's to determlne if a Privacy Impact Assessment PIA! must be prepared.
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16. U! Undisclosed Participation UDP!
16.1. U! Overview I
U//FOUO! Undisclosed participation UDP! takes place when anyone acting on behalf of theFBI, including but not limited to an.FBI employee or condential human source CHS!, becomesa member or participates in the activity of an organization on behalf of the U.S. Government Iwithout disclosing FBI affiliation to an appropriate official of the organization. '
A. U! Authorities. The FBI derives its authority to engage in UDP in organizations as part_ ofits investigative and intelligence collection missions from two primary sources.
U! First, Executive Order E.O.! 12333 broadly establishes policy for the United StatesIntelligence Community U SIC!. Executive Order 12333 requires the adoption of proceduresfor undisclosed participation in organizations on behalf of elements of the USIC within theUnited States. Specically, the Order provides . . . [n]o one acting on behalf of theIntelligence Community mayjoin or otherwise participate in any organization in the UnitedStates onbehalf of the-any element of the Intelligence Community without rst disclosingsuch_persons intelligence afliation to appropriate ofcials of the organization, except inaccordance with"proceduresestablished by theheadofthelntelligence*Community elementconcemed Such participation shall be authorized only ifit is essential to achieving lawfulpurposes as determined by the Intelligence Communityelement head.or designee. E.O.12333, Section 2.9, Undisclosed Participation.in Organizations Within the United States!.The Order also provides, at Section 2.2,'that [n]othing in [E.O. 12333] shall be construed toapply to or interfere with any authorized civil ortcriminal law enforcement responsibility ofany department or agency.
U! -Second, in addition tofitsirole as member of the USIC, the FBI is also the primarycriminal investigative agency of the federal govemment with authority and responsibility totinvestigate all violations of federal law that are not exclusively assigned to another federalagency. This includes the investigation of crimes involving international terrorism andespionage: As a criminal investigative agency, the FBI has the authority to engage in UDP aspart of a predicated investigation or an assessment.
U//FOUO! The FBIs UDP policy is designed to incorporate the.FBIs responsibilities asboth a member of the USIC and as the primary criminal investigative agency of the federal _
govemment and, therefore, applies to allinvestigative and information collection activities ofthe FBI. It is intended to provide uniformity and clarity so that FBI employees have one setof standards to govem all UDP¢ As is the case throughout the DIOG, however, somewhatdifferent constraints exist if the purpose of the activity is the collection of positive foreignintelligence that falls outside the FBIs law enforcement authority. Those constraints arereected where applicable below. ~ , '
.B. U//FOUO Miti ation ' V
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17. U! Otherwise Illegal Activity ,
17.1. U! Overview, '
U//FOUO! Otherwise Illegal Activity OIA! is conduct in the course of duties by an-FBI S _
employee toinclude a UCE! or CHS which constitutes a crime under local, state, or federal law
if engaged-in by a person acting without authorization. Under limited circumstances,.OIA can be
authorized for an FBI employee or CHS to, obtain information or evidence necessary for the " b2
success of an investigation under the following circumstances: i! when that information or _ b7E
evidence is not reasonably availableewithout participation in_ the OlA;| . or iii!when necessary to prevent serious-bodily injury or death. Certain types of OIA are not authorized
such as participation in an act of violence, except in self-defense, or participation in conduct that
would constitute an unlawful investigative technique such an illegal wiretap.
17.2. U! Purpose and Scope
U//FOUO,!~The.use of QI_A_may be approved inthe course of undercover activities or operations
that involve an FBI employee orthat involve "use of a Cl-lS.Whén approved,-OIA-shouldbe .
limited or minimized in scope to only that which is reasonably necessary under the
circumstances including the duration and geographic area to which approval applies, if
appropriate.
17.3.. U//FOUO! OIA in Undercover Activity
A. U/ FOUO! General. The use of the undercover method is discussed in the DIOG Section
OIA is often proposed as part of an »underco_ver scenario or in making the initial_
undercover contacts before the operation is approved. Specic approval for OIA must be
obtained in the context oifthese undercover activities or operations in addition to general
approval of-the scenario orthe operation.
B. U//FOUO! OIA by an FBI employee in-anundercover operation relating to activity in
violation of federal criminal law that does not concern a threat 'to the national security
orforeign intelligence: must be approved in conformity with the . Approval of
OIA in conformity with the AGG-UCO is sufcient and satises any approval requirement
that would otherwise apply under the AGG-Dom. Additional discussion is provided in the-
Field Guide for FBI Undercover and Sensitive Operations. An SAC may approve the OIA
described insubsection 17.5. '
. .1. U//FOUO! When a~UCE provides goods and service reasonably unavailable to the
. subject except as provided by the United States govemment! that- facilitate a felony, or its
equivalent under federal, state, or local law, it" is a sensitive circumstance. In these
sensitive circumstances, additional authorizationby an Assistant Director is required after
review by the Criminal Undercover Operations Review Committee- CUORC!.
2. U//FOUO! Participation in otherwise illegal activity that involves a signicant risk of
violence or physical injury requires authorization by they Director, Deputy Director, or
designated Executive Assistant Director after review'by the CUORC.
C. U//FOUO! OIA b_y an FBI employee in an undercover operation relating to a threat to
the national security or foreign intelligence collection must conform to the AGG-Dom;
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The DOJ NSD is the approving component for OIA that requires approval beyond that
authorized for SAC approval described in DIOG subsection 17.5, below. However, as
authorized by the Assistant Attorney General for NSD, officials in other DOJ components _
may approve OIA in such investigations. -
17.4. U//FOUO! OIA for a Confidential Human Source
U//FOUO! OIA by a Cl-IS must be approved in conformity withvthe A_G_Q-ii and the FBI
CHSPM. - '
17.5. U//FOUO! Approval of OIA by aSpecial Agent in Charge
U//FOUO! An SAC may authorize the following OIA for an FBI employee when consistent
with other requirements of this section, the AGG-UCO, and other FBI-policyz. "
A. U//FOUO! Otherwise illegal activity that would not be a felony under federal, state, local, or
tribal law; '
B. U//FOUO! Consensual monitoring of communications, even if a crime under state, local, ortribal law; _ I I ' .
U//FOUO! Note: Other approvals for the consensual monitoringimay apply siuclfasithat r
required when the consensual monitoring involves a sensitive monitoring circumstance. See
DIOG Section l 1.5.4. .
U//FOUO! Note: For those, state, local and tribal govemments that do not sanction or
provide a law enforcement exception available to the FBI for one-party consent recording of _
communications with persons within theirjurisdiction,,the SAC must approve the consensual
1 - monitoring of communications as an OIA. Prior to the SAC authorizing the OIA, one-party
consent must be acquired. The SAC may delegate the OIA approval authority to an ASAC or
SSA. I
C. U//FOUO! The controlled purchase, receipt, delivery, or sale of drugs, stolen property, or
other contraband;
D. U//FOUO! The payment of bribes; ' 1
U//FOUO! Note: the payment of bribes and the amount of such bribes in a public comlption
matter may be limited by other FBI policy; see the CID PG. ,
E. U//FOUO! The makingof false representations in concealment of personal identity or the
true ownership of a proprietary; and
F. U//FOUO! Conducting a money laimdering transaction or transactions involving an
aggregate amount not exceeding $1 million.
U//FOUO! Exception: An SAC may notauthorize an activity that may constitute material ~
support to terrorism, a violation of export control laws, or a violation of laws that'concern_
proliferation of weapons of mass destruction. In such an investigation, an SAC may authorize an
activitythat may otherwise violate prohibitions of material support to terrorism only according to
standards established by the Director of the F Bl and agreed to by the Assistant Attorney General
for National*Security. AGG-Dom, Part V.C.3!
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-17.6. U//FOUO! Standards for Review and Approval of OIA '
U//FOUO! No official may recommend or approve participation by an FBI employee in OIA
unless the participation is justified: ,
A. U//FOUO! To obtain information or evidence necessary for the success of the investigation
and not reasonably available without participation in the otherwise illegal activity;B. 3 U//FOUO!| _l I _ . ' ior 1;§E .
C. U//FOUO! To prevent death or serious bodily injury.
17.7. U//FOUO! OIA not authorized
U//FOUO! The following activities may not be authorized for an FBI employee:
A. U//FOUO! Directing or paiticipatingin acts of violence;
U//FOUO! Note: Self-defense and defense of others. FBI employees are authorized to
engage in any lawful use of force,.including the use of force in self-defense or defense of
others in the lawful discharge of their duties. . '
B. U//FOUO! Activitieswhoseauthorizationis prohibited.by law, including unlawful
investigative methods, such as illegal, non-consensual, electronic surveillance or illegal
searches. _ ~ _ ,
U//FOUO! Note: Subparagraph B includes activities that would violate protected
constitutional or federal statutory rights in the. absence of a court order or warrant such as
illegal wiretaps and searches,
1 /..s. U//FOUO! Emergency Situations A I ~ g .
U//FOUO! Without prior -approval, an FBI employee may engage in OIA that could be
, authorized under this section only if necessary to meet an immediate threat to the safety of
persons or property or to the national security, or to prevent the compromise of an investigation
or the loss of a signicant investigative opportunity. In such a case, prior to engaging in the OIA,
every effort should be made by the'FBI employee to consult with the SAC, and by the SAC to
consult with the USAO or appropriate D_OJ Division where the authorization of that ofce or
Division would be required unless the circumstances preclude such consultation. Cases in which
OIA occur pursuant to this paragraph without the authorization required must be reported as soon
as possible to the SAC, and by the SAC to FBIHQ and to the USAO or appropriate DOJ
Division.
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