AR 2-2G (U) APPENDICES TO ANNEXES A AND B (FORMERLY HR 7-1APP1)

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0006235760
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 12
• Document Release Date: July 20, 2015
• Case Number: F-2013-01775
• Publication Date: December 23, 1987

(b)(3) NatSecActApproved for Release: 2015/04/30 006235760(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-16.AR 2-2G (U) Appendices to Annexes A and B (Formerly HR 7-1APP1)CCC -AGENCY REGULATION SERIES 2 (INTELLIGENCE ACTIVITIES) PUBLISHED ON 23 DECEMBER 1987Revision Summary(U/LAI-Eltr) Please be advised that AR 2-2G (U) Appendices to Annexes AAND B (FormerlyHR 7-1ABH) dated 14 November 1991, has been superceded by AR 2-2G (U) Appendices toAnnexes A and B, dated 20 July 2005. The 2005 version is not presented in the usualAgency regulatory format; the version here is formatted to retain the stucture of the issuanceas approved.Please note that former Appendix H (U) JOINT COUNTERINTELLIGENCE OPERATIONSwasrescinded without replacement in the 2005 revision to the Appendices. Additionally, pleasebe advised thatAppendix A (U) Definitions was also revised in 2005; to the extent that adefinition here below is in conflict with the definition of the same term as set forth in AR 2-2CAnnex C (U) Definitions (former HR 7-1ANNC), the definition set forth in the 2005 version ofAppendix A will control.(U) Users needing further information regarding this issuance are directed to contact(b)(3) CIAActRegulation SummaryAPPENDICES TO AR 2-2, ANNEXES A and BAppendices A through G to Guidance for CIAActivities Outside of and Within the United StatesTABLE OF CONTENTSAPPENDIX A (U) DEFINITIONS(b)(1)(b)(3) NatSecActAPPENDIX B (U) SENIOR OFFICIALS WHO MAY APPROVE CERTAIN ACTIVITIESAPPENDIX Cf,....SARIFT DISSEMINATION OF INFORMATIONAPPENDIX D/51hNFTRETENTION AND DISSEMINATION OF INFORMATION DERIVEDFROM ELECTRONIC SURVEILLANCEAR 2-2GApproved for Release: 2015/04/30 0062357601 of 12Approved for Release: 2015/04/30 006235760APPENDIX E (U) TESTING AND TRAINING RELATED TO ELECTRONIC SURVEILLANCEEQUIPMENTAPPENDIX F 4...S4-PcFrAUDIO COUNTERMEASURES RELATED TO ELECTRONICSURVEILLANCE EQUIPMENTAPPENDIX G csk-pctFy FBI REQUESTS FOR CIA COUNTERINTELLIGENCE ASSISTANCEI. (U) Authorities(U) [Authorities are as stated in the regulation].IL (U) PolicyAPPENDIX A: (U) DEFINITIONS(U) For the purpose of these procedures:(U) Agencies within the Intelligence Community are: (a) the Office of the Director of NationalIntelligence; (b) the Central Intelligence Agency; (c) the National Security Agency; (d) theDefense Intelligence Agency; (e) the National Geospatial-Intelligence Agency; (f) the NationalReconnaissance Office; (g) other offices within the Department of Defense for the collection ofspecialized national intelligence through reconnaissance programs; (h) the intelligenceelements of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau ofInvestigation, and the Department of Energy; (i) the Bureau of Intelligence and Research ofthe Department of state; (j) the Office of Intelligence and Analysis of the Department of theTreasury; (k) the elements of the Department of Homeland Security concerned with theanalysis of intelligence information, including the Office of Intelligence of the Coast Guard; (I)such other elements of any other department or agency as may be designated by thePresident, or designated jointly by the Director of National Intelligence and the head of thedepartment or agency concerned, as an element of the intelligence community.(U) Agent of a foreign power means:a. (U) A person who, for or on behalf of a foreign power, is engaged in clandestineintelligence activities (including clandestine activities intended to affect the political orgovernmental process), sabotage, or international terrorist activities, or who conspires with orknowingly aids or abets such a person in engaging in such activities;b. (U) A person who is an officer or employee of a foreign power, including any individualwhether in the United States or abroad who acts or is authorized to act in an official capacityon behalf of a foreign power, has been granted diplomatic status by a foreign power, isattached to a foreign diplomatic establishment or an establishment under the control of aAR 2-2GApproved for Release: 2015/04/30 0062357602 of 12(b)(1)(b)(3) NatSecActforeign power, or isunder an agreement to which the United States is a party;c. (U) A corporation or other entity that is owned or controlled directly or indirectly by aforeign power;d. (U) A person acting in collaboration with an intelligence or security service of a foreignpower who has, or has had, access to information or material classified by the United States;e. (U) A person unlawfully acting for or pursuant to the direction of a foreign power, providedthat the fact that a person's activities may benefit or further the aims of a foreign power,standing alone, is not sufficient to support a finding that a person is acting for or pursuant tothe direction of a foreign power; orf. (U) A person who, or organization which, acquires access to classified information underfacts and circumstances indicating that such person or organization is in contact with a foreignpower or powers for purposes of transmitting such information or material in an unauthorizedmanner.Approved for Release: 2015/04/30 006235760(b)(1)(b)(3) NatSecAct(U) Central Intelligence Agency and CIA include the staff elements of the Office of theDirector, Central Intelligence Agency.(U) Consent means that: (a) the subject or a participant in the activity has granted permission,in writing if possible or orally, within a specific time frame and context; or (b) in the case ofemployees or visitors to government facilities, there is a visible posted notice on governmentproperty which clearly states that the place or object where the notice is posted is subject to aparticular form of search or surveillance; or (c) in the case of employees, the activity isundertaken in accordance with published rules or regulations; or (d) the subject of a lawfulsecurity investigation has authorized a CIA employee to undertake that investigationregardless of the subject's knowledge of the employee's affiliation. Consent to use specialcollection techniques must be specific.(U) Coordination means the process of eliciting comments prior to undertaking a proposedaction. As used here, the term means that no such action will be taken so long as the partywith whom the action in question is raised has unresolved objections.(U) Counterintelligence means information gathered and activities conducted to protectagainst espionage, other intelligence activities, sabotage, or assassination conducted for oron behalf of foreign powers, organizations or persons, or international terrorist activities, butnot including personnel, physical, document, or communications security programs.JeWilFT Direct activities at a person means, in the context of coordination with the FBI, toinitiate activities after a decision is made by CIA to collect information on an individual orgroup from sources other than exploiting: (a) information already in possession(b) information that is available publicly, (c) United States Government records, or (d)(b)(1) (b)(1)AR 2-2G (b)(3) NatSecAct SEC? k ',A - Z. ?- (b)(3) NatSecAct 3 of 12Approved for Release: 2015/04/30 006235760(b)(1)(b)(3) NatSecAct Approved for Release: 2015/04/30 006235760 (b)(1)  information already in possession of (b)(3) NatSecActJe.SALNI5?Electronic surveillance means acquisition of a non-public communication by electronicmeans without the consent of a person who is a party to an electronic communication or, in thecase of a non-electronic communication, without the consent of a person who is visiblypresent at the place of communication. Electronic surveillance encompasses telephonesurveillance, microphone (audio) surveillance, and signals intelligence (SIGI NT). Electronicsurveillance does not include the use of radio direction finding equipment solely to determinethe location of a transmitter or the monitoring of public communications such as foreign publicbroadcasts by FBIS. All electronic surveillance techniquesthe retention and dissemination of information obtainedby such collection, and related testing and training are governed by these procedures.  (b)(1)(b)(3) NatSecAct(U) General Counsel includes the Deputy General Counsel or Acting General Counsel.(U) Employee means a person employed by, assigned to, or acting for an agency within theIntelligence Community. The term includes contractors (b)(1)(b)(3) NatSecAct(U) Foreign power means (a) a foreign government or any component thereof, whether or notrecognized by the United States; (b) a faction of a foreign nation or nations, not substantiallycomposed of United States persons; (c) an entity that is openly acknowledged by a foreigngovernment or governments to be directed and controlled by such foreign government orgovernments; (d) a foreign-based group engaged in international terrorist activities orinternational narcotics activities and any other group engaged abroad in any such activities;or (e) a foreign-based political organization not substantially composed of United Statespersons.(U) Foreign intelligence means information relating to the capabilities, intentions, and activitiesof foreign powers, organizations, or persons, but not including counterintelligence except forinformation on international terrorist activities.(U) International terrorist activities means any activity or activities which:a. (U) Involve killing, causing serious bodily harm, kidnapping, violent destruction of property,or an attempt or credible threat to commit such acts;b. (U) Appear intended to endanger a protectee of the Secret Service, the Department ofState, or other federal department or agency, or to further political, social, or economic goalsby intimidating or coercing a civilian population or any segment thereof, influencing the policyAR 2-2GA Lgo ??Approved for Release: 2015/04/30 0062357604 of 12Approved for Release: 2015/04/30 006235760or [sic] a government or international organization by intimidation or coercion, or obtainingwidespread publicity for a group or its cause; andc. (U) Occur totally outside the United States or transcend national boundaries in terms of themeans by which they are accomplished, the civilian population, government, or internationalorganization they appear intended to coerce to intimidate, or the locale in which theirperpetrators operate or seek asylum.(U) Least intrusive technique feasible means that a certain collection technique may be usedonly if less intrusive techniques cannot acquire intelligence of the nature, reliability, andtimeliness required. As a rule, are lessintrusive than(U) Monitorin means:a.(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecActthe activities of a particular United States person within theUnited States or abroad or a particular non-United States person within the United States,(b)(1)  (b)(3) NatSecActorb...(5./.1?Piff7a United States person within the United States or abroad or a non-U.S. person within the  United States without the consent of the person. Monitoring does not include (b)(1) (b)(1) NatSecActif not directed ata particular person or(b)(1);ons.(b)(3) NatSecAct (b)(3) NatSecActJeSAkficFrPhysical surveillance means (a) unconsented and deliberate observation of a personby any means on a continuing basis, or (b) unconsented overhearing of a non-publicconversation by a person who is not visibly present at the location of the conversation.Physical surveillance does not include overhead reconnaissance not directed at specificUnited States persons. Overhead reconnaissance not directed at specific United States  persons includes(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(U) Public communications means communications transmitted within frequency bandsdevoted to AM/FM radio, television, and other broadcasts and communications intended forsubsequent broadcast or public dissemination; amateur and CB communications; police, fire,ambulance, navigational aid and distress, and other public service transmissions; and aircraftand maritime communications not connected with land-based telephone lines.(U) Publicly available means information that any member of the public could lawfully obtainby request or observation (not amounting to physical surveillance), and information, includingAR 2-2G_$FCIRPT//r3444-T-C?FINOre+F5C?endtriiNUF-UhfN 5 of 12Approved for Release: 2015/04/30 006235760Approved for Release: 2015/04/30 006235760public communications, that is lawfully accessible to any member of the public.(U) Retention means that information is organized in such a manner that it may be retrieved byreference to the name or identity of the person who is the subject of the information.(U) Special activities means activities conducted in support of national foreign policyobjectives abroad which are planned and executed so that the role of the United StatesGovernment is not apparent or acknowledged publicly, and functions in support of suchactivities, but which are not intended to influence United States political processes, publicopinion, policies, or media and do not include diplomatic activities or the collection andproduction of intelligence or related support functions._LS/AFT  Unconsented physical search means a search or seizure of a person, or his propertyor possessions, for purposes other thanwithout the consent of the person, or, in the case of property orpossessions, of another individual who has authority to consent to such a search. This termincludes the opening of any mail sent by or intended to be received by a United States(b)(1)(b)(3) NatSecActperson.(b)(1)(b)(3) NatSecAct(U) United States person means:a. (U) A United States citizen;b. (U) An alien known by CIA to be a permanent resident alien (An alien who procures a visaor other documentation by fraud or willful misrepresentation of a material fact is not apermanent resident alien for purposes of these procedures.);c. (U) An unincorporated association substantially composed of United States citizens orpermanent resident aliens; ord. (U) A corporation incorporated in the United States, except for a corporation directed andcontrolled by a foreign government or governments. A corporation or corporate subsidiaryincorporated abroad, even if partially or wholly owned by a corporation incorporated in theUnited States, is not a United States person.(U) A person or organization outside the United States shall be presumed not to be a UnitedStates person unless specific information to the contrary is obtained. An alien in the UnitedStates may be presumed not to be a United States person unless specific indications to thecontrary are obtained.(U) In United States postal channels means:a. (U) Mail while in transit within, among, and between the United States (including mail offoreign origin which is passed by a foreign postal administration to the United States PostalService for forwarding to a foreign postal administration under a postal treaty or conventionand mail temporarily in the hands of the United States Customs Service or the Department ofAgriculture), its territories and possessions, Army-Air Force (APO) and Navy (FPO) postAR 2-2GSECRA A =Approved for Release: 2015/04/30 0062357606 of 12Approved for Release: 2015/04/30 006235760offices, and mail for-delivery to the United Nations, N.Y.; andb. (U) International mail en route to an addressee in the United States or its possessions afterpassage to United States Postal Service from a foreign postal administration or en route to anaddressee abroad before passage to a foreign postal administration.(b)(3) NatSecActj$1.414FTVisibly present means that a person at a location at which a special collectiontechnique is directed is a person who is (a) a party to a conversation at that location; (b) aperson, other than a party, who participates in a conversation at that location; or (c) a personin such close proximity to a conversation at that location so as to be reasonably assumed bythe participants to be able to overhear the conversation at that location.APPENDIX B: (U) SENIOR OFFICIALS WHO MAY APPROVE CERTAIN ACTIVITIESLSIA-FrThe Deputy Director for Operations (DD0); the ADDO; the ADDO/CI ; achief, deputychief, or an official third in command of a DO division at Headquarters, and supervisorypersonnel at Headquarters, stations, bases, and installations within the United States andabroad who are designated by the DDO may approve certain collection activities as specifiedin these procedures.(...5 41 CI The Deputy Director for Support (DDS), the Associate DDS for Support Centers(ADD/SC), the Chief, Security Center (C/SC), the Chief of Operations, Security Center(C/OPS/SC), and Chief, Personnel Security Group (C/PSG) may approve certain collectionactivities as specified in these procedures.(b)(1)(b)(3) NatSecActAPPENDIX C: .(3SURFT-DISSEMINATION OF INFORMATION(b)(1)(b)(3) NatSecActfeSAILPIFY Information not publicly available concerning the activities of United States persons,whether classified or unclassified, that may be retained under these procedures may bedisseminated,a written determination by CIA Headquarters that:upon(b)(1)(b)(3) NatSecActAR 2-2G' ? ?Approved for Release: 2015/04/30 0062357607 of 12(b)(1)Approved for Release: 2015/04/30 006235760(b)(3) NatSecAct(b)(1)(b)(1)3uch information that is or may be (b)(3) NatSecAct(b)(3) NatSecActmay be disseminated upon approval of the D/CIA or his designee, hilt nnly after(b)(1)(b)(1yeighing the effect dissemination of the information could have on the U.S. per500,,3,A NatSecAct(b)(13) NatSecAct An information copy of theapproval documentation will be maintained in a manner accessible to the General Counsel.(b)(1)(b)(3) NatSecActAPPENDIX D:ASIINF) RETENTION AND DISSEMINATION OF INFORMATION DERIVED FROMELECTRONIC SURVEILLANCE1. j$1,114'Frl nformation about a United States person derived from electronic surveillance maybe retained and disseminated within CIA and to authorized recipients outside the Agency if theidentity of the U.S. person and all personally identifiable information are deleted. A genericterm may be substituted which does not identity the U.S. person in the context of themessage. If the information cannot be sanitized in such a fashion because the identity isnecessary, or it is reasonably believed that it may become necessary, to understand orassess the information, that identity may be retained or disseminated outside CIA along withthe information if:a. feSgfctFrThe information is foreign intelligence or counterintelligence. Such informationincludes, but is not limited. to, that information falling within the following categories:(1).15./.14,14)Tlie information indicates that the United States person has acted or may be  acting as an agent of a foreign power, (b)(1)  (b)(3) NatSecAct(2). 4.Sittil5The information indicates that a United States person may be a target ofintelligence activities of a foreign power;(3). _LS/.1-11W-t The information indicates that a United States person has engaged or may beengaging in the unauthorized disclosure of properly classified national security information;(4). feS/AFFIThe information concerns corporations or other commercial organizations theAR 2-2GApproved for Release: 2015/04/30 0062357608 of 12Approved for Release: 2015/04/30 006235760deletion of which would hamper the correlation of foreign intelligence  on the same. )(1)ci ibject;(bb. (b)(3) NatSecActc. S.S.LINFE") The information is needed to protect the safety of any persons or organizations,including those who are targets, victims, or hostages of international terrorist organizations;d. fA.Str.) The information concerns a United States person who is or may be, on the basis ofthat communication or other information, an agent of a foreign power;e. feSANFTThe information involves a United States person who has consented to the retentionor dissemination of his communications or information concerning him;f..C.S4+49-The information indicates that a United States person is engaged or may beengaged in international terrorist or narcotics activities;g..(...SHfIn The information is needed to protect foreign intelligence or counterintelligencesources or methods from unauthorized disclosure;h./S/144FrThe information concerns a person who is the subject of collection authorized inaccordance with these procedures;i..1,...$1441/4tr7The information is needed solely to identify(b)(1)(b)(3) NatSecActj. .(.5/.4e7 The information is needed to determineprovided such information isretained in accordance with the procedures governinc:(60-5ntion of information ncb+)63rivedfrom (b)(3) NatSecAct (b)(3) NatSecActk. The information concerns a person or activity that poses a threat to any facility orpersonnel of any agency within the intelligence Community, or any department containing suchan agency;I. (1441"F1The information contains evidence of possible violations of federal criminal lawsrequired to be reported to the Attorney General;m...(..SMIFT The information concerns a U.S. Government official acting in an official capacity;orn...(5./.14411"The personally identifiable information concerning the United States person ispublicly available.jeSI-INF)A communication or information about a U. S. person which does not qualify forretention or dissemination in accordance with this paragraph must be destroyed.2. _CSW-PIFT Nothing in this Appendix shall prohibit:a. 4SALPtrj-The retention or disclosure of information necessary for the purpose of determiningwhether the requirements of these procedures are satisfied, provided that the recipient underthis paragraph does not retain or disclose the identity of a United States person where it isdetermined that the requirements of this part would not permit dissemination;b..1,..S4Ncj The retention of a communication necessary for the maintenance of technical dataAR 2-2GApproved for Release: 2015/04/30 0062357609 of 12Approved for Release: 2015/04/30 006235760bases, so long as only collection personnel have access to such data bases;c...CS.1,144F)-The retention or dissemination of information requested by another department oragency, so long as such request is specifically approved by the Attorney General or thePresident;d. IAMICITTle retention or dissemination of information concerning corporations or othercommercial organizations which is limited to their identities as manufacturers of equipmentand related nomenclature or their locations;(b)(1)(b)(3) NatSecActg. (U) The retention of information required by law to be retained.APPENDIX E: (U) TESTING AND TRAINING RELATED TO ELECTRONIC SURVEILLANCEEQUIPMENT1. SeSa-Pct.FT Personnel may be trained in the use of electronic communications equipment andsuch equipment may be tested by CIA or its contractors on behalf of CIA in the United Statesif the requirements or [sic] any one of paragraphs a, b, c, d, e, or f below are met:a. feSilfstF) Such activities do not result in acquisition of the contents of a communication, andtherefore do not amount to electronic surveillance;b. .4SMIF) Such activities are directed solely at(b)(1)(b)(3) NatSecActc. (5,41414F-Trhe activities are undertaken with consent;d. ISIRctn The activities are directed against(b)(1)(b)(3) NatSecActe. 1$4,44F-7 Such activities are undertaken in the course of  orf.,(Se105 When such activities are conducted in the United Statcb-jo.pder all of the followingrequirements: (b)(3) NatSecAct(1). 15144FrIt is not reasonable to train or test solely as described in paragraphs a-e above;(2). J,ShikFISuch activities are limited in extent and duration to that necessary to trainpersonnel in the use of electronic communications equipment and to determine the capabilityand performance of equipment;(3). .4.SMIF) Communications of a particular person are not intentionally targeted;(4). (52414F) It is unreasonable to obtain the consent of persons incidentally subjected to theAR 2-2G-i ?-N 10 of 12Approved for Release: 2015/04/30 006235760Approved for Release: 2015/04/30 006235760surveillance;(5). J.SAPTIFTInformation derived from communications intercepted in the course of suchtraining or testing is not retained or disclosed to any person other than a person directlyparticipating in such activity (such as trainees and their instructors), and any printout or otherrecording is destroyed before or immediately upon completion of the activity, or, in the case oftraining, as soon as is reasonably possible;(6). .4.5M155-The training or testing does not exceed 90 calendar days. Training or testing maybe renewed, however, if approved pursuant to paragraph (7); and(7). S.S..11.1.1.9?The training or testing is approved in writing by the Deputy Director forOperations, the Deputy Director for Science and Technology, or the Deputy Director forSupport, as may be appropriate, or officials they designate in writing, with the concurrence ofthe CIA General Counsel, based on their determinations that the particular training or testingprogram conforms to the requirements of this Appendix and is otherwise lawful. In addition, notesting of electronic communications equipment may exceed 90 days without the priorapproval of the Attorney General.(b)(1)(b)(3) NatSecActAPPENDIX F: ($1.1*I9 AUDIO COUNTERMEASURES RELATED TO ELECTRONICSURVEILLANCE EQUIPMENT1...LS4NC) The use of countermeasures by CIA, including such testing or training as may benecessary, to determine the existence and capability of electronic surveillance equipmentbeing used unlawfully in the United States is permitted if the requirements of either paragrapha or b are met:a. f,,SAPIFT The measures do not result in the acquisition of the contents of communications andtherefore do not amount to electronic surveillance; orb. LS444F) No communications of a particular person are intentionally targeted; it is notreasonable to obtain the consent of persons incidentally subjected to the surveillance; anyelectronic surveillance is limited in extent and duration to that necessary to determine theexistence and capability of such equipment; and any information acquired by suchsurveillance is used only to protect information from unauthorized surveillance or isdisseminated only to appropriate agencies for law enforcement purposes.2. fe.SW44F) Countermeasures may be undertaken only with a written finding of the CIA Directorof Security, or officials he designates in writing, that the activity is consistent with paragraph 1and is necessary to assure the protection of intelligence sources and methods or properlyclassified national security information.AR 2-2G SE?OFORNApproved for Release: 2015/04/30 00623576011 of 12Approved for Release: 2015/04/30 006235760APPENDIX G:iSiffslf) FBI REQUESTS FOR CIA COUNTERINTELLIGENCE ASSISTANCE151415) Requests for CIA assistance to the FBI or to the FBI on behalf of another agency in acounterintelligence activity in the United States shall be made in writing by the Director, FBI, orby senior FBI officials designated in writing by him, and should provide the followinginformation:a. L.Shkfirj The target of the activity, including the basis on which such activity is to be directedat that target;b. S514155 The information or object which is sought to be obtained or accomplished, and thetechniques that are expected to be used;c.15141FTThe reasons why the CIA, rather than the FBI, should conduct or participate in theactivity;d. L.S.L.ACIA statement that the requested participation by CIA is in support ofcounterintelligence activities, and such counterintelligence activities are consistent withprocedures approved by the Attorney General;e.1$141riTlie manner in which such CIA activities will be coordinated with the FBI; andf..L.Shi-Ntry The extent to which further approval and coordination is required.(b)(3) NatSecActAR 2-2G1Approved for Release: 2015/04/30 00623576012 of 12