AR 2-2E ANNEX E -- (U) MEMORANDUM OF UNDERSTANDING CONCERNING OVERSEAS AND DOMESTIC ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY AND THE FEDERAL BUREAU OF INVESTIGATION (FORMERLY HR 7-1ANNE)

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0006235758
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 11
• Document Release Date: July 20, 2015
• Case Number: F-2013-01775
• Publication Date: December 23, 1987

Approved for Release: 2015/04/30 006235758(b)(3) NatSecAct(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-16.AR 2-2E ANNEX E (U) Memorandum of UnderstandingConcerning Overseas and Domestic Activities of the CentralIntelligence Agency and the Federal Bureau ofInvestigation (Formerly HR 7-1ANNE)OGC - AGENCY REGULATION SERIES 2 (INTELLIGENCE ACTIVITIES) PUBLISHED ON 23 DECEMBER 1987Revision SummaryLLWArCrc53 Please be advised that AR 2-2E (U) Procedures Relating to the Conduct ofCounterintelligence Acitivities outside the United States by the Federal Bureau of Investigation(Formerly HR 7-1AnnE) dated 23 December 1987, has been superceded by AR 2-2E (U)Memorandum of Understanding Concerning Overseas and Domestic Activities of the CentralIntelligence Agency and the Federal Bureau of Investigation, dated 20 July 2005. The 2005version is not presented in the usual Agency regulatory format; the version here is formattedto retain the stucture of the issuance as approved.(U) Users needing further information regarding this issuance are directed to contactRegulation Summary(b)(3) CIAAct(U) The purpose of this Memorandum of Understanding (MOU) is to ensure the full andseamless coordination and cooperation between CIA and FBI in both the overseas anddomestic arenas. The section numbering within Provision I I (U) Policy is recreated exactly asset forth in the 2005 MOU.I. (U) Authorities(U//AIU0) [Authorities are as stated in the regulation].II. (U) Policy(U) Purpose(U) The purpose of this MOU is to ensure the full and seamless coordination and cooperationbetween CIA and FBI in both the overseas and domestic arenas.I. (U) DefinitionsAR 2-2E/-?Approved for Release: 2015/04/30 0062357581 of 11Approved for Release: 2015/04/30 006235758(U) The term foreign intelligence, as defined in Part 3.4(d) of Executive Order 12333, meansinformation relating to the capabilities, intentions and activities of foreign powers,organizations, or persons, but not including counterintelligence except for information oninternational terrorist activities.(U) The term counterintelligence, as defined in Part 3.4(a) of Executive Order 12333, meansinformation gathered and activities conducted to protect against espionage, other intelligenceactivities, sabotage, or assassinations conducted for or on behalf of foreign powers,organizations or persons, or international terrorist activities (but not including personnel,physical, document or communications security programs).(U) The term intelligence includes foreign intelligence and counterintelligence.(U) The term national intelligence has the meaning set forth in the National Security Act of1947, as amended.(1-/-r< The term coordination means the process of eliciting comments prior to undertaking aproposed action. As used here, the term means that no such action will be taken so long asthe party with whom the action in question is raised has unresolved objections. The agencyresponsible for coordination will advise the other agency of the identity of the individual ofinterest, the nature of the agency's interest, and the means of collection or access envisioned.The agency whose coordination is required will respond to the initiating agency within fivebusiness days indicating whether there is a concern regarding the proposed action, and thenature of that concern. Coordination by the requesting agency must be documented and mayoccur at the field level.(U) The term notify means the timely disclosure of an anticipated activity so that the entitynotified may provide comments or input. When considerations allow, this should occur fiveworking days ahead of the proposed activity.(U) The term embassy means any diplomatic establishment.II. (U) Overseas Intelligence Activities(b)(1)(b)(3) NatSecActAR 2-2ESECRET//CIA INTERNAL USE ONLYINOFORNApproved for Release: 2015/04/30 0062357582 of 11Approved for Release: 2015/04/30 006235758(b)(1)(b)(3) NatSecAct(U) Operational Activities Abroad  LSMIV) The FBI will obtain Attorney General approval, if required by applicable AttorneyGeneral Guidelines,(b)(1)(b)(3) NatSecAct (b)(1)  (U) Expressions of No Interest (b)(3) NatSecAct(b)(7)(e)(S/441r) Following coordination with CIA, if CIA expresses no interest in particular FBIactivities abroad,Any changes to previously coordinated activity require additional coordination by the FBI withthe CIA.(U) FBI Activities Ordered by the President or Vice President or Under Title 28 of the United  States Code, Section 533  (U) FBI LEGAT Contacts Abroad  (b)(1)(b)(3) NatSecAct(b)(7)(e)1,5,4*.try FBI LEGATS have contact [endnote 5] with foreign intelligence, security and lawenforcement services. LEGATS will coordinate these contacts with the Chiefs of Station when(b)(1)(b)(3) NatSecAct(b)(7)(e)AR 2-2EApproved for Release: 2015/04/30 0062357583 of 11Approved for Release: 2015/04/30 006235758(b)(1)(b)(3) NatSecAct(U) Tracing  (b)(1)(b)(3) NatSecAct(U) Espionage Investigations  (U) As outlined in Section 603 of the Intelligence Authorization Act of 1990, the FBI shallsupervise the conduct of all investigations of violations of the espionage laws of the UnitedStates by persons employed by or assigned to United States diplomatic missions abroad,including foreign service nationals employed at United States diplomatic missions abroad.CIA shall report immediately to the FBI Headquarters any information concerning such aviolation. CIA shall provide appropriate assistance to the FBI in the conduct of suchinvestigations.(U) Reporting  (b)(1)(b)(3) NatSecAct(U) CIA Responsibilities Abroad Impacting FBI Equities  (?Siillr) On cases originating with CIA involving the granting of lawful permanent residence inthe interest of national security or in furtherance of the national intelligence mission (so-calledAR 2-2EApproved for Release: 2015/04/30 0062357584 of 11Approved for Release: 2015/04/30 006235758PL 110 cases under Section 7 of the CIAAct of 1949),(b)(1)(b)(3) NatSecActwill notify theappropriate FBI Assistant Director of the identity of the individual or individuals.(b)(1)(b)(3) NatSecAct(,Siff<CIA will assist the FBI in its mission abroad, to the extent authorized by ExecutiveOrder 12333 and its implementing procedures and the National Security Act of 1947.(b)(1)(b)(3) NatSecActIII. (U) Domestic Intelligence Activities(b)(1)(b)(3) NatSecAct(U) CIA Intelligence Activities Within the United States (b)(7)(e)In accordance with the provisions of Executive Order 12333, the CIA shall coordinatewith the FBI the collection of foreign intelligence or counterintelligence within the United Statesas required by procedures agreed upon by the D/CIA and the Attorney General. It is theintent of the parties that this coordination will result in an effective allocation of FBI and CIA  effort to support the nation's foreign intelligence and counterintelligence needs.A.(b)(1)(b)(3) NatSecActB. ..C,SAI-P1F3 When CIA directs its activity, which shall be in full compliance with allapplicable legal restrictions, against a US person target,(b)(1)(b)(3) NatSecActC.inside the United States, theCIA will coordinate this activity with theAny changes to the previously coordinated activityrequire additional coordination by the CIA with the FBI.b'(1(b)(3) NatSecActAR 2-2E (b)(7)(e)(b)(1)USE o L (b)(3) NatSecActApproved for Release: 2015/04/30 0062357585 of 11D.E.F.AR 2-2EApproved for Release: 2015/04/30 006235758(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(?IF) Senior officials at the CIA and FBI will meet semi-annually to discuss overallcollection strategy(b)(1)(b)(3) NatSecActavoid unnecessary duplication or gaps in collection.in order to(5/.1-Pci1) CIA will conduct overt collection of foreign intelligence from witting andApproved for Release: 2015/04/30 0062357586 of 11Approved for Release: 2015/04/30 006235758voluntary United States persons inside the United States related to activities outsidethe United States, in full compliance with all applicable legal restrictions.  (b)(1)(b)(3) NatSecAct(U) FBI Passage of Information to CIA  (b)(1)(b)(3) NatSecAct(U) State, Local and Tribal Officials  (Pilf) Except for contact related to the security ofwith the(b)(1)(b)(3) NatSecActCIACIA will coordinate(b)(1)(b)(3) NatSecAct(b)(7)(e)AR 2-2E;;ECRET/ICIA INTERNAL USE ONLY/N CORN 7 of LiApproved for Release: 2015/04/30 006235758Approved for Release: 2015/04/30 006235758(b)(1)(b)(3) NatSecActjeSMCfr) FBI Contact with Foreign Intelligence. Security and Law Enforcement Services in the  United States  ),Si.iiciP) CIA has overall responsibility for coordinating relationships with foreign intelligenceand security services. The FBI has broad authorities to conduct law enforcement andintelligence activities in the United States. The FBI need not coordinate with the CIA beforeengaging in contact activities with foreign intelligence, security or law enforcement services inthe United States. The FBI will, however, notify CIA when(b)(1)(b)(3) NatSecActIV. (U) General Provisions(b)(1)(b)(3) NatSecActfrom Information Sharing  Requests to Refrain  (b)(1)(b)(3) NatSecAct(514'45) CIA and FBI share the goal that there be seamless coordination and cooperation  between CIA and FBI. Accordingly, whenever  1a request that the informationsharedwill informnot be(U) Training  (b)(1)(b)(3) NatSecAct(U) No Rights for Third Parties  (U) This MOU is intended only to improve the internal management of the relationship betweenAR 2-2ECECRETHCIA INTERNAL UCE ONLY/NOV RNApproved for Release: 2015/04/30 0062357588 of 11Approved for Release: 2015/04/30 006235758the CIA and the FBI and is not intended to, and does 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.V. (U) Dispute ResolutionCIA and FBI are committed to close cooperation in these intelligence activities.(b)(1)(b)(3) NatSecActVI. (U) Legal Authorities(U) This MOU is not intended to contradict or abrogate any existing legal authorities, exceptas set forth in Section VIII. All activities carried out in accordance with the MOU shall be in fullcompliance with the Constitution and all other applicable laws and regulations.VII. (U) Periodic Review(U) The Attorney General, the Director of the FBI and the Director of CIA will conduct a reviewof this MOU every three years.VIII. (U) Technical Comments(U) This MOU supersedes the following documents or procedures that were previously inforce:? 1982 "Procedures Relating to the Conduct of Counterintelligence Activities Outside theUnited States by the Federal Bureau of Investigation" signed by the Attorney General and theDirector of Central Intelligence.? 1982 CIA Procedures adopted by the Attorney General and the Director of CentralIntelligence entitled, "Guidance for CIAActivities within the United States."AR 2-2ESECRET//CIA INTERNAL USE ONLY/NOF RN 9 of 11Approved for Release: 2015/04/30 006235758Approved for Release: 2015/04/30 006235758? 1992 Memorandum of Agreement between the FBI and CIA entitled, "SupplementalMemorandum of Agreement Regarding the Conduct and Coordination of FBICounterintelligence Activities Abroad."? 1994 Memorandum of Agreement between the FBI and CIA entitled, "SupplementalMemorandum of Agreement Concerning Coordination with the FBI of CIA Activities within theUnited States."APPROVED:/s/ Robert S. MuellerDirector, Federal Bureau of Investigation 28 June 2005/s/ Alberto GonzalesAttorney General 20 July 2005/s/ Porter GossDirector, Central Intelligence Agency 21 June 2005ENDNOTES(b)(1)(b)(3) NatSecAct4- (U) Under 28 USC 533, the Attorney General may appoint officials to conduct investigationsregarding official matters under the control of the Department of Justice and the Department ofState as may be directed by the Attorney General. Pursuant to the Article II of the Constitution,the President can order the FBI to engage in extraterritorial activity.(b)(1)(b)(3) NatSecActAR 2-2E3ECRETHCIA INTERNAL USE ONLY/NOV RNApproved for Release: 2015/04/30 00623575810 of 11Approved for Release: 2015/04/30 006235758III. (U) Responsibilities(U) [No Responsibilities section was included in the 2005 MOU].(b)(3) NatSecActAR 2-2ESECRET//CIA INTERNAL UE ONLY/NOFORN 11 of 11Approved for Release: 2015/04/30 006235758