AR 2-2B (U//AIUO) ANNEX B -- GUIDANCE FOR CIA ACTIVITIES WITHIN THE UNITED STATES (FORMERLY HR 7-1ANNB)

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0006235715
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 15
• Document Release Date: July 20, 2015
• Case Number: F-2013-01775
• Publication Date: December 23, 1987

Approved for Release: 2015/04/29 006235715(b)(3) NatSecAct(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-16.AR 2-2B (UI/AIU0) ANNEX B -- GUIDANCE FOR CIAACTIVITIES WITHIN THE UNITED STATES (Formerly HR 7-1ANNB)OGC -AGENCY REGULATION SERIES 2(NTELLIGENCE AC VIT1ES) PUBLiSHED ON 23 DECEMBER 1987Revision Summary(U//AIU0) PLEASE BE ADVISED THAT AR 2-2B (formerly HR 7-1 Annex B) dated 9 August1982, has been superceded by AR 2-2B, dated 20 July 2005. The 2005 version is not in theusual Agency regulatory format; it is formatted to retain the structure as approved" to maintainconsistency with other, similar issuances. (b)(3) CIAAct(U) Users needing assistance with this issuance are directed to contact(b)(3) CIAActvia email atRegulation Summary(U//AI UO) Annex B to AR 2-2 outlines the duties and responsibilities of CIA as well aslimitation upon intelligence activities undertaken by the Agency within the United States.I. (U) Authorities(U) Executive Order 12333; the National Security Act of 1947; the CIAAct of 1949, and otherapplicable laws, regulations, and directives, as well as intelligence policies.II. (U) PolicyI. (U) INTRODUCTIONA. Executive Order 12333 outlines the duties and responsibilities of CIA as well as limitationsupon intelligence activities undertaken by the Agency. The Order reflects the requirements ofthe National Security Act of 1947, the CIAAct of 1949, and other laws, regulations, anddirectives, as well as intelligence policies. These revised procedures, which implementSections 2.3, 2.4 and 2.9 of the new Order, were prepared by CIA, were approved by theAttorney General, and are issued by the Director of Central Intelligence. These proceduressupersede all existing procedures addressing the same subject matter. However, employeesmust also comply with Agency regulations that reflect the requirements of the new Order andAR 2-2BUPIApproved for Release: 2015/04/29 0062357151 of 15Approved for Release: 2015/04/29 006235715Agency policies regulating employee conduct within the United States.B. PURPOSES-These procedures are intended to:1. Permit and encourage legitimate intelligence activities to the maximum extent possible sothat an aggressive and effective intelligence effort may be carried out free of unnecessaryrestrictions;2. Provide legal protection to employees who follow the procedures by providing authority forintelligence activities; and3. Assure the American public and the intelligence oversight mechanisms that all CIA activitiesin the United States are lawful and related to legitimate intelligence objectives.II. (U) RESPONSIBILITIES. CIA is responsible within the United States for:A. (U) Collecting, producing, and disseminating foreign intelligence and counterintelligence,including counterintelligence and significant foreign intelligence not otherwise obtainable. Thecollection of foreign intelligence not otherwise obtainable shall be coordinated with the FBI asrequired by the 2005 CIA-FBI Memorandum of Understanding (MOU);B. (U) Conducting counterintelligence activities, in coordination with the FBI as required by the2005 CIA-FBI MOU;C. (U) Collecting, producing, and disseminating intelligence on foreign aspects of narcoticsproduction and trafficking;D. (U) Conducting research, development (including testing), and procurement of technicalsystems and devices relating to authorized functions;E. (U) Protecting the security of its installations, activities, information, property, andemployees by appropriate means;F. (U) Conducting Intelligence Community services of common concern as directed by theNSC;G. (U) Conducting special activities in support of national foreign policy objectives abroadapproved by the President and consistent with applicable laws; andH. (U) Conducting administrative and technical support activities necessary to perform thefunctions described above.III (U) AUTHORITIESAll CIA activities within the United States must be related to the responsibilities identifiedabove and must be authorized as outlined in these procedures.AR 2-2BApproved for Release: 2015/04/29 0062357152 of 15Approved for Release: 2015/04/29 006235715IV. (U) GENERAL PRINCIPLES(b)(1)(b)(3) NatSecActA. (U) ACTIVITIES COVERED., These procedures apply to CIA activities within the UnitedStatesB. (U) INDIVIDUALS TO WHOSE ACTIVITIES THESE PROCEDURES APPLY. 11-1seprocedures apply to the activities of all CIA employees, including individuals assigned to oracting for CIA, such as contractors and assets.C. (U) LEAST INTRUSIVE TECHNIQUE FEASIBLE. A certain collection technique may beused only if a less intrusive technique cannot acquire intelligence of the nature, reliability, andtimeliness required. As a rule,  are lessintrusive thanD. (U) FBI COORDINATION. Executive Order 12333 requires that CIA foreign intelligencecollection and counterintelligence activities conducted within the United States be coordinatedwith the FBI as specified in these procedures, in addition to the internal approvals specified inthese procedures or even when the internal approvals are not required. See the 2005 CIA-FBI MOU. (b)(1)E. -(g/-14F)- EMERGENCIES (b)(3) NatSecAct1.48414FtLI FE OR PHYSICAL SAFETY. Nothing in these procedures shall be construed toprohibit, where a person's life or physical safety is reasonably believed to be in imminentdanger, the conduct of counterintelligence activities or the collectionretention, or dissemination of information concerning any person that is relevant tothe danger, or its prevention, reduction, or elimination, if the authority who must normallyapprove such activities is advised as soon as possible.2.-(-81-trIFTRISK OF INTELLIGENCE LOSS. Nothing is [sic] these procedures shall beconstrued to prohibit a CIA employee from  collection if the timerequired to secure prior approval would cause failure or delay in obtaining significantintelligence, and an official who must normally approve such activities is advised as soon aspossible. Approval by the most senior official possible should be obtained if time permits.F. (U) ADMINISTRATION. Nothing in these procedures shall prohibit collection, retention, ordissemination of information concerning U.S. persons necessary for administrative purposes(including contracting, building maintenance, construction, fiscal matters, internal accountingprocedures, disciplinary matters, and investigations of alleged crimes or improprieties byAgency employees) by Agency components authorized to perform such functions.V. (U) COLLECTION OF INFORMATION IN THE UNITED STATESAR 2-2BApproved for Release: 2015/04/29 0062357153 of 15Approved for Release: 2015/04/29 006235715A. (U) WHAT IS A U.S. PERSON? A U.S. person is a U.S. citizen, an alien known by CIA tobe a permanent resident alien, an unincorporated association substantially composed of U.S.citizens or permanent resident aliens, or a corporation incorporated in the United States,except for a corporation directed and controlled by a foreign government. An alien in theUnited States may be presumed not to be a U.S. person unless specific indications to thecontrary are obtained. (See Appendix A for complete definition.)(b)(1)(b)(3) NatSecAct2. -(5111CIFTAP P R 0 VAL AUTHORITY. requires no internal approvals underthese procedures, but may require coordination with the FBI. See the 2005 CIA-FBI MOU forcoordination requirements. (b)(1)(b)(3) NatSecActAR 2-2B 4 of 15Approved for Release: 2015/04/29 006235715Approved for Release: 2015/04/29 006235715(b)(1)(b)(3) NatSecActAR 2-2BINTERNAL USE ONLY/NOFORNApproved for Release: 2015/04/29 0062357155 of 15Approved for Release: 2015/04/29 006235715?(b)(1)(b)(3) NatSecAct(2) (SIA-P-} APPROVAL AUTHORITY(a)-(-SittIFT Except as provided in (b) below, a Chief of Station, Chief of Installation, Chief ofBase, or other senior official specified in Appendix B may approve the use, on a case-by-case basis, of directed ata U.S. person if the facts andcircumstances available to him at the time indicate that one or more of the types of informationdescribed in paragraph (1) above may be obtained.prior to authorizingapprovals to use such techniques.Approving officials may consult with Headquartersand shou(b)mvise Headquarters of any(b)(3) NatSecAct(b)(1)(b)(3) NatSecActnotification would frustrate thecollection or jeopardize or compromise a CIA activity or operation, and (iii) such collection isnot undertaken for the purpose of acquiring information concerning the domestic activities ofU.S. persons.  Domestic activities mean activities that occur within the United States anddo not have a significant connection with a foreign power, person, or organization.AR 2-2BSECRET//CIA INTERNAL USE OINLY/NUI-UFM 6 of 15Approved for Release: 2015/04/29 006235715Approved for Release: 2015/04/29 006235715(c) ?...SMIV) Foreign intelligence and counterintelligence collection and othercounterintelligence activities may require coordination with the FBI. See the 2005 CIA-FBIMOU for coordination requirements.(d) (S/INF) Information acquired in the course of authorized collection activities that indicatepossible violations of the federal criminal code must be handled in accordance with thecrimes reporting procedures in AR 7-1.(e) (,,S*K1f) Individual approvals on a case by-case basis are not required for (i) personnelsecurity investigations directed at current CIA employees, employees of CIA contractors,applicants for such employment, and other individuals who have been granted or who arebeing considered for security clearances or approvals and other persons with similar  associations; or(b)(1)(b)(3) NatSecActb. +eitflf NON-U.S. PERSONS.D.1. 4,S*Prtfr ELECTRONIC SURVEILLANCE. (telephone surveillance, microphone surveillance,signals intelligence). (See Appendix A for full definition.) CIA may not engage in electronicsurveillance within the United States. However, it is permissible to:a. (SH-Nlf-) Acquire a communication with the consent of one of the parties to thecommunication or one of the persons visibly present (see Appendix A for definition of "visiblypresent"). Such acquisition does not constitute electronic surveillan-(6)(qd requires no specialapproval; (b)(3) NatSecActb.  (SIINF) Train  personnel in the use of electronic communications equipment, test suchequipment, and countermeasures to hostile electronic surveillance if conducted in  accordance with Appendix E or F of these procedures.c.  (S/INF) Request that the FBI or any other authorized intelligence agency undertakeelectronic surveillance in the United States with the approval of the Attorney General and inaccordance with the Foreign Intelligence Surveillance Act of 1978, provided that the Director,Central Intelligence Agency makes the request (1) certifying that such assistance is relevant tothe responsibilities of the CIA, (2) describing the support required, and (3) explaining why theBureau or other agency is being requested to furnish such assistance; ord.-(Stittrj Provide specialized equipment and technical knowledge to assist anotherdepartment or agency in the conduct by that department or agency of lawful and authorizedelectronic surveillance in the United States. Expert personnel may be provided only with theAR 2-2BApproved for Release: 2015/04/29 0062357157 of 15Approved for Release: 2015/04/29 006235715personnel participate in the collection of raw information. Translation assistance,however, may be provided without General Counsel approval if CIA personnel do notparticipate in the collection or dissemination of raw information.  (b)(1)  2. -EStffclf)- MONITO RI NG. (b)(3) NatSecAct(seeAppendix A for complete definition). CIA may use a monitoring device within the United Statesunder circumstances in which a warrant would not be required for law enforcement purposesif the CIA General Counsel concurs. If the General Counsel determines that a warrant wouldbe required, such monitoring may be undertaken pursuant to the Foreign IntelligenceSurveillance Act of 1978.3. (SIINF) UNCONSENTED PHYSICAL SEARCHES. CIA may not conduct within the UnitedStates unconsented physical searches of real or personal property (including propertyentrusted to Agency employees or assets) except for physical searches of the personalproperty, lawfully in the CIA's possession, of a non-U.S. person. (Such searches requireGeneral Counsel concurrence; if he determine's that a warrant would be required for lawenforcement purposes, Attorney General approval is necessary.) In addition, it is permissibletoa.  (SI/Nr)  Conduct a consented physical search within the United States (see Appendix A fordefinition of consent). No special approval required;b. (S/INF) Request that the FBI undertake a physical search within the United States with theapproval of the Attorney General, provided the Director, Central Intelligence Agency makesthe request (1) certifying that such assistance is relevant to the mission of the CIA, (2)describing the support required, and (3) explaining why the FBI is being requested to furnishsuch assistance; orc. (SIINF) Assist another department or agency in the conduct by that department or agencyof a physical search within the United States under circumstances approved by the Director,Central Intelligence Agency with the concurrence of the General Counsel in consultation withthe Department of Justice.4. (SI/Nr) MAIL OPENING AND MAIL COVERS. The opening or mail within United Statespostal channels is prohibited. However, it is permissible to request that the FBI examine mailcovers, if not for the sole purpose of collecting information concerningwithin the United States in accordance with applicable qb-j-Rs and regulations. (Seeapproval authority for (b)(3) NatSecAct4-S4N-9-Foreign intelligence collection and counterintelligence activities may requirecoordination with the FBI. See the 2005 CIA-FBI MOU for coordination requirements.VI. (S1114r)-PROCESSING OF U.S. PERSON INFORMATIONAR 2-28? ? "Approved for Release: 2015/04/29 0062357158 of 15Approved for Release: 2015/04/29 006235715A.+SALN-F, RETENTION AND DISSEMINATION OF I IVT0117MATION NOT DERIVED FROM(b)(3) NatSecAct1.-(//NF)-RETENTION. Information about a U.S. person that is not derived from 6-lay be retained if it relates to the responsibilities listed in Part II aboveand if it falls within any one of the following criteria:a. (U) The information is publicly available, consensual, or identifying information. (see PartV.B.I. above)b. ?SALKIC-j-The information is foreign intelligence or counterintelligence; information concerninginternational terrorist activities; information concerning foreign aspects of internationalnarcotics activities; information needed to protect the safety of persons or organizations;information needed to protect foreign intelligence or counterintelligence sources and methodsfrom unauthorized disclosure; information concerning personnel, physical, or communicationssecurity; information acquired by overhead reconnaissance; information that may indicateinvolvement in activities that may violate federal, state, local, or foreign laws; or informationnecessary for administrative purposes.(b)(1)(b)(3) NatSecActd.4eSANI-F-) The information is retained in such a manner that it cannot be retrieved by referenceto the person's name or other identifying data.e.-E-S4N-Fj-The information is processed to delete the identity of the U.S. person and allpersonally identifiable information. In such cases a generic term which does not identify theU.S. person in the context of the information, such as "businessman," may be substituted.f.  (S/Thr) The information is (1) necessary for the purposes of oversight, accountability, orredress, (2) relevant to an administrative, civil, or criminal proceeding or investigation, (3)required by law to be retained, or (4) necessary to be retained for the purpose of determiningthat the requirements of these procedures are satisfied.  (b)(1)(b)(3) NatSecActh. ( ) Such retention is necessary to a lawful activity of the United States and the GeneralCounsel, in consultation with the Department of Justice, determines that such retention islawful.Such retention is necessary for a reasonable period to determine whether theinformation falls within any or more of the categories above.2.4...S449-DISSEMINATION. Information about a U.S. person may be disseminated withinCIA to employees who need to know the information in the course of their official duties and toAR 2-2B3ECRET/ICIA INTERNAL USE OPJLY/NOFORN 9 of 15Approved for Release: 2015/04/29 006235715Approved for Release: 2015/04/29 006235715each appropriate agency within the Intelligence Community for purposes of allowing theagency to determine whether the information is relevant to its responsibilities and can beretained by it. In addition, such information which may be retained about a U.S. person inaccordance with paragraph 1 above may be disseminated:a. (S//NF) To the President, the Vice President, the Director of National Intelligence, theNational Security Council, and Chiefs of Mission;b. (SI/Nr) To executive agencies and military departments which need the information toperform their lawful functions;c.  (SI/Nr) To appropriate law enforcement agencies having jurisdiction or responsibility forthe investigation or prosecution of activities to which the information relates;d. (SI/Nr) To entities of cooperating foreign governments (including information obtained fromlawful agency records checks for dissemination to these entities for any lawful purpose suchas determining suitability for employment and immigration), provided they agree to suchfurther restrictions on dissemination as may be necessary;e. (SI/NF) To members of Congress who express a need or interest in obtaining a biographicreport, when the subject of the report is a non-U.S. person and the information concerning theactivities of a U.S. person contained in the report is related to its subject;f.-(4N-F---To the Senate Select.Committee on Intelligence and the House Permanent SelectCommittee on Intelligence when the information is relevant to thcb)-ciyersight responsibilities;g. (b)(3) NatSecAct  h. (SI/Nr) To governmental entities if the information was not used, knowingly retained, orprocessed within CIA, such as when the Agency acts as a mere conduit for informationintended solely for other entities;i. (S//NF) To other recipients, if the subject of the information provides prior consent in writing;orj.4SAL149-To other recipients, if such dissemination is necessary to a lawful activity of theUnited States, and the General Counsel, in consultation with the Department of Justice,determines that such dissemination is lawful.3. (SI/Nr) The identity of a U.S. person may be retained and disseminated along withinformation concerning him if the information qualifies for retention or dissemination underparagraph 1 or 2 above. Such an identity may be disseminated outside the IntelligenceCommunity only if it is necessary or if it is reasonably believed that it may become necessaryto understand or assess such information.B. (S/INF)  RETENTION AND DISSEMINATION OF INFORMATION DERIVED FROMInformation about a U.S. person  (b)(1)(b)(3) NatSecActmay be retained or disseminated if it qualifies under Appendix D. ThisAppendix applies toAR 2-2B (b)(1)(b)(3) NatSecAct9ECRET//CIA INTERNAL USE ONLY/NOFORN 10 of 15Approved for Release: 2015/04/29 006235715Approved for Release: 2015/04/29 006235715(See Appendix A for complete definition.)  Information about a U.S. personderived from"i\ should be carefully segregated, and specialcare should be taken that such information  is processed in strict accordance with Part VI .A.above as well as rocedures approved by the Attorney General.(b)(1)(b)(3) NatSecActVII._(SIXF) CIA COUNTERINTELLIGENCE ACTIVITIESA. fetttsiF) CIA may provide technical and analytical assistance to the FBI, NSA, or otheragency within the Intelligence Community, including the evaluation, analysis, or otherprocessing of information collected by the Bureau or agency, if:1.464P+F) CIA personnel do not participate in the collection of raw information; and2.-4S11119- The CIA General Counsel determines that the particular assistance or a categoryof assistance is consistent with all applicable law, including the provisions of the NationalSecurity Act of 1947, as amended, except that no General Counsel determination is needed toprovide translation assistance if participating employees do not disseminate raw informationfrom such translations.B. -E-S*N9-CIA may conduct other counterintelligence activities if:1.  (S//NF) The CIA General Counsel determines that such conduct by CIA is consistent withall applicable law, including the National Security Act of 1947, as amended;2. (S//NF) Such activities are approved by the Director, Central Intelligence Agency or DeputyDirector, Central Intelligence Agency, and, to the extent required by FBI procedures,approved by the Attorney General; and3. (S/INF)  Such activities are coordinated with the FBI in accordance with the 2005 CIA-FBIMOU.C. (S//Nr) All requests for CIA assistance from the FBI or intelligence elements of the militaryservices involving activities covered under A. or B. above shall be made by the Director, FBI,or by senior FBI officials designated in writing by him, and should contain the informationspecified in Appendix G.VIII (U) UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED STATESA. (S4N-F) PERMITTED PARTICIPATION1.4-SH-Mf) A staff employee or an asset may join or otherwise participate in any organizationin the United States only in the following circumstances:a. +SH1IFT If acting in a private capacity for a personal purpose and CIA does not pay dues,membership or entrance fees. APPROVALAUTHORITY: No special approval required.AR 2-2BSECRET//CIA INTERNAL USE ONLYINOFORN 11 of 15Approved for Release: 2015/04/29 006235715Approved for Release: 2015/04/29 006235715(b)(1)(b)(3) NatSecActAR 2-2B PAL-146C-94:461(441?Approved for Release: 2015/04/29 00623571512 of 15Approved for Release: 2015/04/29 006235715(b)(1)(b)(3) NatSecActB. (S/INF) LIMITATIONS1. (S/INr) Use or placement of a staff employee or an asset in an organization in the UnitedStates to spot or assess U.S. citizens is prohibited.(b)(1)(b)(3) NatSecAct3.  (R/INF)  Collection within the United States of significant foreign intelligence not otherwiseobtainable may not be undertaken for the purpose of acquiring information concerning thedomestic activities of United States persons.4. (S/INF) A person is employed by an organization if he or she is employed by, assigned to,or acts for the organization.C. (U) APPROVAL PROCEDURES FOR PERMITTED ACTIVITIES1. (U) Before approving an undisclosed participation the approving CIA official mustdetermine that such participation is essential to achieve one or more of the lawful purposesAR 2-2BApproved for Release: 2015/04/29 00623571513 of 15Approved for Release: 2015/04/29 006235715specified in Part VIII.A. above. All determinations made under these procedures shall specifythe duration of the participation, not to exceed three years, unless reapproved in accordancewith these procedures.2. (U) All requests to the Director, Central Intelligence Agency, Deputy Director, CentralIntelligence Agency or DDO for approval of an undisclosed participation shall be forwardedthrough the General Counsel. All other requests will be subject to, but not require, the reviewof the General Counsel.IX. (U) ADMINISTRATION AND EFFECTIVE DATEA. (U) A person who is officially acting in the absence of an employee may exercise thepowers of that employee.B. (U) Authority granted to an employee, other than the General Counsel, may be exercisedby any person who is senior in the Agency's channel of authority.C. (U) These procedures are not intended to, and do not, create any right or benefitenforceable at law or in equity by any party against the United States, its departments,agencies, entities, officers, employees or agents, or any other person.D. (U) These procedures shall become effective immediately upon signature by the Director,Central Intelligence Agency, the Attorney General, and the Director of National Intelligence.APPROVEDI approve the foregoing procedures in accordance with Executive Order 12333, as amended.In my opinion, intelligence activities conducted pursuant to and in accordance with theseprocedures are lawful.[Signed] Alberto Gonzales, Attorney General, on July 20, 2005I approve the foregoing procedures in accordance with Executive Order 12333, as amended.[Signed] John Negroponte, Director of National Intelligence, on June 24, 2005I approve and establish the foregoing procedures in accordance with Executive Order 12333,as amended.[Signed] Porter Goss, Director, Central Intelligence Agency, on June 21, 2005Ill (U) ResponsibilitiesAR 2-23SFC.RFT//CIA INTERNAI I ISE nNi Y/NIC)MRN  Approved for Release: 2015/04/29 00623571514 of 15Approved for Release: 2015/04/29 006235715(U) [This provision is part of the ARGO template and is NOT part of the approved policy; SeeSection II, above.](b)(3) NatSecActAR 2-2BSEC1ET/1E1A INTERNAL USE ONLY/NOFORN 15 of 15Approved for Release: 2015/04/29 006235715