Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 14, 2016
Document Release Date: 
July 26, 2000
Sequence Number: 
Case Number: 
Publication Date: 
August 6, 1975
Content Type: 
PDF icon CIA-RDP83B00823R000800050044-7.pdf317.32 KB
~~~~ ~~~~~~ ~ ~~~~ ~~~~~~I~~ ~~ ~ ~dor~~~2003/06/19 : CIA-RDP83B00823~0800050044-7 6 A.U G 1915 MEA40RANDU~I FQR: Director of Central Intelligence VIA . Deputy Director f'or Administration SUBJECT CIA Surveillance Activities ~#ithizx the United States 1. Action Requested: It is requested. t}zat you approve th.e recomm~atian,ed in paragraph four. 2. Definitions a. P}zysical surveillance is the systematic visual observation by any means of a specific individual or individuals withaut theix knowledge which does not: amount to a trespass. Physical surveillance; is legally permissible. b. ~}onitaring is the recording of conversatx.ons in rt~hi ch ane of th:e parties is a~:are that it is being; done. Such monita.ring by electronic or othex means is legally.. permissible. c. Audio surveillance is the in.tercep.tian of wire and oral communication t}Lraugh the planting or use o# electronic, mechanical or other devices for the aver- hearing of a conversation without the consent of the parties thereto. Audio surveillance :is regulated by 18 U.S.C. 2511 and by a delegation of Presidential authority. to the Attorney General. 6~it}iin the ITrtiteci States only the FBI may cond~:uct atulio surveill'ancc after. approval by th.e Attorney General pursuant to-the Pxesident'ial The Attorney General. may aut}zoriL~ the FBI to conduct audio surveillance upon the request of CIA. Such requests. require t}re specific appraval of the Director of Central. Intelligence. Audio surveillance performed in accordance w.~tla these pracec}.ures is pex?an:issible far purposes :~a-}.ling ~~it}z.rz. th.e` s legislative c}~artcr. OS 5 3Cx3?., Approved For Release 20~ ~r/'~.~~~ 38000800050044-7 Approved For Rise 2003~~~ ~ ~fA ~~~~~823800050044-7 3. Staff Pas it ion . a. }-Vhile there are 1e~;al limitations an sur-ve:illance techniques that can be emp7:oyed within t}~e LFnited States, surveillance has a proper role in a legitimate investiw .gation. Occasions will arise when a given case will present the need to .conduct: surveillance of individuals suspected of personal or security irregularities ar abou~, ti~~hom there is caunter?inte:l.Iigence concern. The aut$~orization of the Director of Central Intelligence,. as D-irectar of this Agency' under his .general. responsibility for the Agency's propex administration or under his specific.~responsibility far protection of intelligence saa:~rces and methods, will be .required before surirellanee twill be initiated. b, The following are instances in which ~ahysical sur~~eiilance or monitoring is legitimate and within the Ager;_~vy"s legislative authorization: (l) }Vithin the bawldaries of Agency installa- tiaras or property, .any :individual suspected of unlawful- or improper security-related activities; (2.) Agency employees or individuals with whom' t:he Agency has an offic~ia7. association and a ?tegi~imate security interest who are suspected of ca;zduct or activity deemed to constitute a threat of exposure or compromise of intelligence sources and methods; - (3) In caoxdinatian with appropriate law enforcerr~ent authorities, those individuals :in (1) and (2) above who are suspected of unlawful or criminal activities; >. (4) A faxeign national of operational interest . tv}~.en~ it is necessary to establish his bang fides or otherwise required as an aid in assessment, recruits ment, brie-f:ing, ar debri~~fing. }Vhere appropriate, prior coordination or concurrence t,rith the :CBI will be effected; Approved For Release 2003/06/19 :CIA-RDP83B00823R000800050044-7 Approved For Rise 2003/06/19: CIA-RDP83B008230800050044-7 (5) To monitor or observe clandestine- meetings with individuals of opE;ratianal interest (counterr surveillance); (6) To evaluate ar.~d test security systems at Agency installations; and (7') For the pratec:tion of an employee in those instances where there is concern for the empl?yee's safety or wellbeing anal not far secur:ity~relate.d considerations. ~ ~. co Where consideration of cases leads to the conclusion of a need for surveillance, justification shciuld be obtained and specific proposals should be advanced concerning the techniques to be employed. In these cases an analysis and justification should be submitted to the Director of Central Intelligence for his action as Director of this Agency ar under his statutory responsibility to protect. intelligence sources and methods. da There inevitably will be instances in which operational requirements da iaot afford time in which to conduct pxio~~ formal recommendations and. .review, Ta provide far such operational situations, reportiiag and.. review at the approving level may be accomplished after the fact in such casesa However, .advance oral approval _ of the Director of Central :[ntelligence will be obtained prior to the onset of the p}aysical surveillance or monitoring. e. There are limited areas in i,rhich physical sur- veillance ar monitoring are routinely used.. ~dithin these specifically defined areas, authority to approve should reside at a 1eve1 below that of the Director of Central Intelligence. (1) Specifically, the Deputy Dire-star for Administration and the Deputy Director far Operations should be authorized to approve or delegate to a.n Office or Division head the authority to approve co u.ntersurveillance. I.imiteel physical surveillance of anyone ss a xesult of the countexsurve-illance ~?~~y occ~~a: only Approved For Release 2003/06/19: CIA-RDP83B00823R000800050044-7 ? Approved For Ruse 2003/06/19: CIA-RDP83B008230800050044-7 to the extent necessary to identify tie individual, but .in no case for more than 24 hours... The physical surveillance should be reported to: the Director of Central Iz~.telligence as soon thereafter as feasible. (2) The Deputy Director for Ad~rtinistration should be autlioriz~d to approve or delegate to an Office head aixthority to approve physical surveil"lance or monitoring as necessary to perform the following: ~~ (a) Evaluation and testing of security systems at Agency installations. (b:) Protective surveillance .where there is concern for the ~3mplayee's safety or well- being and not far any security-related consid- era~tions . 4. :~ecammendation: It is recommended that you approve tlae following: a. `I'hat?;the use of surveillance usually require the pre.s~r written approval of the Director of Central Intel~~_ence and such request for approval to contaa~n, but nc~t necessarily be limifi:ed to, the follotiring: (1) Type of surveil.lanee requested and proposed E~uration; (2) The reasons-for the surveillance anal., if appropriate, an explanation of irhy the Agency should conduct the surveillance: instead of a law enforce- ment .agency; (3) A schedule fox reporting progress} to the Director of Central Intelligence; anal (4) A request far a.ppxoval. b? That each proposal as outlined in p aragrap}i 4.a. shall be forwarded through the appropriate Dept~.ty Director a~xd reviewed by the General Counsel far his opin:~e-n on tlxe legality of the surveillance prior to subr~tission to the Director of Central Intelligence. Approved For Release 2003/06/19: CIA-RDP83B00823R000800050044-7 ' Approved For Fuse 20036/ ~~~~823~0 080005004#=7 c. The:t :in those instances where apera.tional exigency does not permit .pr:iar formal.j>raposals and. reuzew,: the advance oral ap~7roval of the Director of Central Inte].Iigence is sufficient to initiate physical surveillance and manitaring. Details of the incident with justi:fical:ian far physical surveil- lance and monitoring will be: submitted promptly ft~r formal review :and approval. d. 'That :authority to'. a~~rprove those limited areas of surveillance defined in paragraph ~.e. be delegated: to the. Deputy. Directox for Gpex~ati:ons and the Deputy Director for Administration as indicated, 25X1A Robert ~~. Gambino Directa.r of Security Approved For Release 2003/06/19 :CIA-RDP83B00823R000800050044-7 i ~~ ~ Approved For R~+ase 2003 :~~I~>~~~~'48238000500~'A~"7 SUBJECT: CIA Surveillance Activities tYithin the United States CONCURRENCES: Jahn F. B1al~e Deputy Director for Administration. William E. Nelson Deputy Director for Operations John Warner General Counsel Donalc~C'hamberlaln -J- ,,.,.~ Inspector General George-Cary Legislative Counsel APPROVED: DISAPPROVED: Approved For Release 2003/06/19: CIA-RDP83B00823R000800050044-7 A roved For Fuse 2003/06/ ! 8000504-7 n 25X1A ~ ~? '=? 1 - D/Security 1 - 1 - ,~ egistry 2 - SAG 1 -~I~CB Chrono 25X1A OS/CD/IF~CB fms (30 July 1975) Retyped:rjtia {for Gambina's Signature and to delet from 25X1A Cancurrence and Distribution page) Approved For Release 2003/06/19 :CIA-RDP83B00823R000800050044-7