FOREIGN PROCUREMENT OF COMMERCIAL AUDIO SURVEILLANCE EQUIPMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00062A001300030026-6
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: February 14, 2005
• Sequence Number: 26
• Publication Date: January 17, 1969
• Content Type: MF

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C/TSCC 3E-30
 CONFIDENTIAL
Approved Fo0lease 2005/02/17: CIA-RDP79M000q9 001300030026-6
UNITED STATES INTELLIGENCE BOARD
TECHNICAL SURVEILLANCE COUNTERMEASURES COMMITTEE
17 January 1969
SUBJECT Foreign Procurement of Commercial
Audio Surveillance Equipment
1. In response to the TSCC's request, General Counsel/
CIA sought the advice of the Criminal Division of the Department
of Justice as to the impact of 18 U.S.C. 2512 (P. L. 90-351,
82 Stat. 214) (generally referred to as the Omnibus Crime
Control and Safe Streets Act of 1968) on the procurement in the
United States by foreign governments of commercially available
audio surveillance equipment.
2. The Department of Justice advised that this law
prohibits the shipment, within the United States by mail or in
interestate or foreign commerce, of audio surveillance equipment
or catalogues describing such devices. The fact that an inquiry
or order comes from a foreign government would not make
lawful such shipments. The manufacturer or seller cannot
lawfully ship such items from the United States by mail or in
interstate or foreign commerce, either to a commercial
exporting firm or directly to a foreign government.
3. It is the view of the Department of Justice that a
purchase within a state for the purpose of transporting the device
outside the state (even if no further sale or commercial aspect
is intended) is in fact interstate commerce. It would therefore
be unlawful for a supplier to sell audio equipment to one who
intended subsequently to ship the material abroad.
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 CONFIDENT
Approved F lease 2005/02/17 : M-RDP79M000 001300030026-6
Subject: Foreign Procurement of Commercial
Audio Surveillance Equipment
4. The Department of Justice feels that a foreign govern-
ment therefore can obtain commercial audio surveillance
equipment in this country only by asking an appropriate U.S.
government agency to procure it for them. Such a transaction
is permitted under Section 2512(2) of Title 18 as an action
within "the normal course of the activities of the United States.
5. The correspondence between CIA and the Department of
Justice is available in this office should any TSCC member
wish to see it.
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