AR 2-2A ANNEX A -- GUIDANCE FOR CIA ACTIVITIES OUTSIDE THE UNITED STATES (FORMERLY HR 7-1ANNA)

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0006235714
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 17
• Document Release Date: July 20, 2015
• Case Number: F-2013-01775
• Publication Date: December 23, 1987

(b)(1) Approved for Release: 2015/04/29 006235714(b)(3) NatSecAct(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-16.AR 2-2A ANNEX A -- GUIDANCE FOR CIA ACTIVITIESOUTSIDE THE UNITED STATES (Formerly HR 7-1ANNA)OGC .AGENCY REGULATION SERIES 2 (IN IELLIGENCE ACTIVITIES) PUBLISHED ON 23 DECEMBER 1987Regulation SummaryIngested from Regulations.cia on 10 May 2013I. (U) PolicyGUIDANCE FOR CIA ACTIVITIESOUTSIDE THE UNITED STATESThis annex is not in the usual Agency regulatory formatand is printed to retain the original wording of the agreedprocedures implementing Sections 2.3 and 2.4 ofExecutive Order 12333 approved by the Director ofCentral Intelligence and the Attorney General.GUIDANCE FOR CIA ACTIVITIESOUTSIDE THE UNITED STATESI. INTRODUCTIONA. SCOPE-Executive Order 12333 outlines the duties andresponsiblities of CIA as well as limitations uponintelligence activities undertaken by the Agency. TheOrder reflects the requirements of the National SecurityAct of 1947, the CIA Act of 1949, and other laws,regulations, and directives, as well as intelligencepolicies. These revised procedures, which implementSections 2.3 and 2.4 of the new Order, were preparedby CIA, were approved by the Attorney General, andare issued by the Director of Central Intelligence.AR 2-2Alot 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714These procedures supersede all existing proceduresaddressing the same subject matter. However,employees must also comply with Agency regulationsthat reflect the requirements of the new Order andAgency policies regulating employee conduct abroad.B. PURPOSES-These procedures are intended to:1. Permit and encourage legitimate intelligenceactivities to the maximum extent possible so that anaggressive and effective intelligence effort may becarried out free of unnecessary restrictions;2. Provide legal protection to employees who follow theprocedures by providing authority for intelligenceactivities; and3. Assure the American public and intelligenceoversight mechanisms that all CIA activities outsidethe United States involving U.S. persons are lawfuland related to legitimate intelligence objectives.II. RESPONSIBILITIES-CIA is responsible outside the UnitedStates for:AR 2-2AA. Collecting and disseminating foreign intelligence andcounterintelligence, including information nototherwise obtainable;B. Conducting counterintelligence activities andcoordinating counterintelligence activities by anyother departments or agencies within theIntelligence Community;C. Collecting and disseminating intelligence on foreignaspects of narcotics production and trafficking;D. Conducting research, development (includingtesting), and procurement of technical systems anddevices relating to authorized functions;SECRET 2 of 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714E. Protecting the security of its installations, activities,information, property, and employees by appropriatemeans;F . Conducting Intelligence Community services ofcommon concern as directed by the NSC;G. Conducting special activities in support of nationalforeign policy objectives abroad approved by thePresident and consistent with applicable laws;H. Coordinating the collection of intelligence informationnot otherwise obtainable;I. Conducting relationships with intelligence andsecurity services of foreign governments andcoordinating, in accordance with policies formulatedby the DCI, foreign intelligence andcounterintelligence relationships between otherdepartments and agencies and the intelligence andsecurity services of foreign governments; andJ . Conducting administrative and technical supportactivities necessary to perform the functionsdescribed above.III. AUTHORITIES-All CIA activities outside the United Statesmust be related to the responsibilities identified above andmust be authorized as outlined in these procedures.IV. GENERAL PRINCIPLESA. ACTIVITIES COVERED-These procedures apply onlyto CIA activities abroad involving U.S. persons. Thereare no restrictions under these procedures on activitiesnot involving U.S. persons. However, employees mustalso comply with existing Agency policies regulatingemployee conduct abroad.AR 2-2ASECRET 3 of 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714B. INDIVIDUALS TO WHOSE ACTIVITIES THESEPROCEDURES APPLY-These procedures apply tothe activities of all CIA employees, including individualsassigned to or acting for CIA, such as contractors andagents.(b)(1)(b)(3) NatSecActundertaken directly by CIA. (S)D. LEAST INTRUSIVE TECHNIQUE FEASIBLE-A certaincollection technique may be used only if a lessintrusive technique cannot acquire intelligence of thenature, reliability, and timeliness required. As a rule,(b)(1) \ are(b)(3) NatSecActess intrusive thanE. EMERGENCIESAR 2-2A1 . LIFE OR PHYSICAL SAFETY-Nothing in theseprocedures shall be construed to prohibit, where aperson's life or physical safety is reasonablybelieved to be in imminent danger, the collection by(see(b)(1)(b)(3) NatSecActpages 8 and 9), retention, or dissemination ofinformation concerning U.S. persons that is relevantto the danger or its prevention, reduction, orelimination, if the authority who must normallyapprove such activities is advised as soon aspossiblejeK2. RISK OF INTELLIGENCE LOSS-Nothing in theseSECRETApproved for Release: 2015/04/29 0062357144 of 17Approved for Release: 2015/04/29 006235714procedures shall be construecLto prohibit a CIA  employee from    if the time required to secure (b)(1)prior approval would cause failure or significant (b)(3) NatSecActdelay in obtaining significant intelligence and anofficial who must normally approve such techniqueis advised as soon as possible. An emergencymay not be used forthis purpose unless there are facts and(b)(1)circumstances indicating that the subject U.S. (b)(3) NatSecActperson is an agent of a foreign power, theintelligence sought is significant, and the techniqueis not directed at an individual within the UnitedStates. Approval by the most senior official possibleshould be obtained if time permits. An emergencymay not be conducted (b)(1)for more than 72 hours without approval of the (b)(3) NatSecActAttorney General.F. ADMINISTRATION-Nothing in these procedures shallprohibit collection, retention, or dissemination ofinformation concerning U.S. persons necessary foradministrative purposes (including contracting, buildingmaintenance, construction, fiscal matters, internalaccounting procedures, disciplinary matters, andinvestigations of alleged crimes or improprieties byAgency employees) by Agency components authorizedto perform such functions.V. COLLECTION DIRECTED AT U.S. PERSONSA. WHAT IS A U.S. PERSON?- A U.S. person is a U.S.citizen, an alien known by CIA to be a permanentresident alien, an unincorporated associationsubstantially composed of U.S. citizens or permanentresident aliens, or a corporation incorporated in theUnited States, except for a corporation directed andAR 2-2ASECRET 5 of 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714controlled by a foreign government. A person ororganization outside the United States may bepresumed not to be a U.S. person, unless specificinformation to the contrary is obtained. (See Annex Cfor complete definition.)(b)(1)(b)(3) NatSecActAR 2-2ASECRETApproved for Release: 2015/04/29 0062357146 of 17Approved for Release: 2015/04/29 0062357142. APPROVAL AUTHORITY,no approvals under these icifsures.(b)(1)(b)(3) NatSecActrequiresAR 2-2ASECRET 7 of 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714(b)(1)(b)(3) NatSecActAR 2-2ASECRET 8 of 17Approved for Release: 2015/04/29 006235714AR 2-2AApproved for Release: 2015/04/29 006235714(b)(1)(b)(3) NatSecActSECRETApproved for Release: 2015/04/29 0062357149 of 17(b)(1)(b)(3) NatSecAct only to obtain significant information that cannotreasonably be acquired by other means.may not be used solely to acquire  information aboutApproved for Release: 2015/04/29 006235714(b)(1)(b)(3) NatSecAct3. APPROVAL AUTHORITY-A Chief of Station, Chiefof Installation, Chief of Base, or other senior officialspecified in Appendix B may approve the use, on a  case-by-case basis, of  /  (b)(1) / directed at a U.S. person if the factsand circumstances available to him at the timeindicate that one or more of the types of informationdescribed in paragraph 2 above may be obtained.Approving officials may consult with Headquartersprior to authorizingand should advise Headquarters of any approvalsto use such techniques. tocollect foreign intelligence abroad may be approved(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecActAR 2-2ASECRETApproved for Release: 2015/04/29 0062357141.0 of 17Approved for Release: 2015/04/29 006235714a. Electronic surveillance (telephone surveillance,microphone surveillance, signals intelligence).Acquiring a communication with the consent ofone of the parties to the communication or oneof the parties visibly present is not electronicsurveillance (See Annex C for completedefinition.);b. Monitoring(b)(1)(b)(3) NatSecAct(See Annex C for complete definition.);c. Unconsented physical searches (searches ofreal or personal property, including property(b)(1)(b)(3) NatSecAct entrusted to Agency employees or assets); andAR 2-2Ad.2 . WHEN MAY APPROVAL FOR /BE SOUGHT?-Approval for  directedat a U.S. person outside the United States  may be sought if:a. The facts and circumstances indicate that theperson at whom the surveillance is directed isreasonably believed to be an agent of a foreignpower (See Annex C for complete definition.);b. The information sought is necessary andsignificant foreign intelligence orcounterintelligence, and the purpose of thesurveillance is to obtain such intelligence; andc. The  information cannot reasonably be acquired  by(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecActSECRET 11 of 17Approved for Release: 2015/04/29 006235714(b)(1) Approved for Release: 2015/04/29 006235714(b)(3) NatSecAct3 . APPROVAL AUTHORITY-Headquarters approval  must be obtained prior to/ outside the UnitedStates. The request will be forwarded through theGeneral Counsel for his concurrence.Headquarters may permit use ofif Attorney General approval,based upon his finding of probable cause to believethat the technique is directed against a foreignpower or an agent of a foreign power, is obtained,or if, in the case of monitoring, the General Counseldetermines that a warrant would not be required ifundertaken for law enforcement purposes. (S)4. LIMITATION-The warrantless opening of mail in U.S.postal channels is prohibited. (See Annex C forcomplete definition of mail in U.S. postal channels.)(b)(1)(b)(3) NatSecA5.(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecActmay be directed abroad atnon-U.S. persons abroad  (b)(1)(b)(3) NatSecActVI. PROCESSING OF U.S. PERSON INFORMATIONA . RETENTION AND DISSEMINATIONINFORMATION NOT DERIVED FROM(b)(1)(b)(3) NatSecActAR 2-2A(b)(1)OF (b)(3) NatSecAct1. RETENT/ON-Information about a U.S. person that(b)(1)is not derived from may (b)(3) NatSecActSECRET 12 of 17Approved for Release: 2015/04/29 006235714AR 2-2AApproved for Release: 2015/04/29 006235714be retained if it falls within any one of the followingcriteria:a. The information is publicly available, consensual,or identifying information (see Part V.B.1. above).b. The information is foreign intelligence orcounterintelligence; information concerninginternational terrorist activities; informationconcerning international narcotics activities;information needed to protect the safety ofpersons or organizations; information needed toprotect foreign intelligence or counterintelligencesources and methods from unauthorizeddisclosure; information concerning personnel,physical, or communications security;information acquired by overheadreconnaissance; information that may indicateinvolvement in activities that may violate federal,state, local, or foreign laws; or informationnecessary for administrative purposes.C.(b)(1)(b)(3) NatSecActd. The information is retained in such a manner thatSECRETApproved for Release: 2015/04/29 00623571413 of 17AR 2-2AApproved for Release: 2015/04/29 006235714it cannot be retrieved by reference to theperson's name or other identifying data.e. The information is processed to delete theidentity of the U.S. person and all personallyidentifiable information. In such cases a genericterm which does not identify the U.S. person inthe context of the information, such as"businessman," may be substituted.f. The information is (1) necessary for the purposesof oversight, accountability, or redress, (2)relevant to an administrative, civil, or criminalproceeding or investigation, (3) required by law tobe retained, or (4) necessary to be retained forthe purpose of determining that the requirementsof these procedures are satisfied.g.(b)(1)(b)(3) NatSecActh. Such retention is necessary to a lawful activity ofthe United States, and the General Counsel, inconsultation with the Department of Justice,determines that such retention is lawful.i . Such retention is necessary for a reasonableperiod to determine whether the information fallswithin one of the categories above.2. DISSEMINATION-Information about a U.S. personmay be disseminated within CIA to employees whoneed to know the information in the course of theirofficial duties and to each appropriate agency withinthe Intelligence Community for purposes of allowingthe agency to determine whether the information isrelevant to its responsibilities and can be retained byit. In addition, such information which may beSECRET 14 of 17Approved for Release: 2015/04/29 006235714AR 2-2AApproved for Release: 2015/04/29 006235714retained about a U.S. person in accordance withparagraph 1 above may be disseminated:a. To the President, the Vice President, theNational Security Council, and Chiefs of Mission;b. To executive agencies and military departmentswhich need the information to perform their lawfulfunctions;c. To appropriate law enforcement agencies havingjurisdiction or responsibility for the investigationor prosecution of activities to which theinformation relates, provided that no suchinformation will be disseminated to the LawEnforcement Assistance Administration exceptthrough the FBI;d. To entities of cooperating foreign governments(including information obtained from lawful agencyrecords checks for dissemination to theseentities for any lawful purpose such asdetermining suitability for employment andimmigration), provided they agree to such furtherrestrictions on dissemination as may benecessary;e.(b)(1)(b)(3) NatSecActf. To governmental entities if the information was notused, knowingly retained, or processed withinCIA, such as when the Agency acts as a mereconduit for information intended solely for otherentities;g. To other recipients, if the subject of theinformation provides prior consent in writing; orSECRET 15 of 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714h. To other recipients, if such dissemination isnecessary to a lawful activity of the UnitedStates, and the General Counsel, in consultationwith the Department of Justice, determines thatsuch dissemination is lawful. (S)3. The identity of a U.S. person may be retained anddisseminated along with information concerning himif the information qualifies for retention anddissemination under paragraph 1 or 2 above and ifthe identity is necessary or if it is reasonablybelieved that it may become necessary tounderstand or assess such information. (b)(1)(b)(3) NatSecActOFB. RETENTIONINFORMATIONU.S. person  AR 2-2AAND DISSEMINATIONDERIVED  FROMInformationabout a(b)(1)(b)(3) NatSecAct/ may be retained or disseminated if itqualifies under Appendix D. This Appendix applies to(b)(1)(b)(3) NatSecActI(See Annex C for complete definition.)/Information about a  U.S. person derived from should be carefully segregated, and special(mi)care should be taken that such information i5(b)(3) NatSecActprocessed in strict .accordance with Part VI.A. aboveas well as   proceduresapproved by the Attorney General. (S) (b)(1)(b)(3) NatSecActSECRET 16 of 17Approved for Release: 2015/04/29 006235714Approved for Release: 2015/04/29 006235714VII. ADMINISTRATION AND EFFECTIVE DATEA. A person who is officially acting in the absence of anemployee may exercise the powers of that employee.B . Authority granted to an employee, other than theGeneral Counsel, may be exercised by any personwho is senior in the Agency's channel of authority.C. Nothing in these procedures is intended to confer anysubstantive or procedural right or privilege on anyperson or organization.D. These procedures shall become effective seven daysfrom the date they are approved by both the AttorneyGeneral and the DCI.APPROVEDI approve the foregoing procedures in accordance withExecutive Order 12333. In my opinion, intelligenceactivities conducted pursuant to and in accordance withthese procedures are lawful.3 June 1982 /s/ William French Smith  Date Attorney GeneralI approve and establish the foregoing procedures inaccordance with ExecutiveOrder 12333.17 June 1982 /s/ William J. Casey  Date Director of Central IntelligenceAR 2-2ASECRET 17 of 17Approved for Release: 2015/04/29 006235714