SIGNIFICANT CHANGES IN NEW PROCEDURES IMPLEMENTING EXECUTIVE ORDER 12333

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000070012-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 8
• Document Creation Date: December 20, 2016
• Document Release Date: July 6, 2007
• Sequence Number: 12
• Content Type: REPORT

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S E C R E T
1. Simplicity and Operational Orientation - The procedures
governing CIA activities have been written in a concise,
straightforward manner that is positive in tone and meaningful.to
operational personnel whose activities will be guided by them.
They are divided into an 11-page set-governing activities abroad
and another 21-page*set governing activities in the United
States, with detailed appendices for definitions and subjects not
of general interest. Together, both sets comprise less. than 25%
of the number of pages in the existing comnplex and cumbersome
procedures. Further, there will no longer be a need for
operational personnel to have additional written guidance to
interpret the procedures. Currently, a handbook totalling 130
pages is required for this purpose. The new procedures have been
written with an operational perspective in mind by an officer in
the Directorate of operations and an attorney in OGC with the
assistance of other operational components. An attempt has been
made to accommodate every operational concern within the limits
of the law and the new Executive Order. The old procedures were.
. 2. Approval Authority - Throughout the new procedures an
attempt has been made to specify the internal approval
requirements for CIA intelligence activities at realistic levels
consistent with the new Executive Order, other legal
requirements, and relevant policy considerations. The specific
approval authorities are as follows.:
written by an Agency-wide committee.
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4. Foreign Intelligence Collection in the United States.
The new Order provides that collection of foreign intelligence
not otherwise obtainable by CIA and other intelligence agencies
other than the FBI may be undertaken in the.United States only if
the foreign intelligence sought is significant and not undertaken
for the purpose of acquiring information concerning the domestic
activities of United States persons. The new procedures permit
this authority to be exercised only in very limited
circumstances. (See V. C.2.a.(2)(b) of the. guidance for CIA
S E C R E T
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activities in the United States),. A specific senior official --
the DDO or his designee -- must approve the collection (unlike
other collection categories which require only field level
approval). He may approve such collection only if The determines
that (i) the foreign intelligence sought is significant
(important and material and not merely routine) and cannot
reasonably be obtained by any other means, (ii) the subject
cannot be advised of CIA's interest because such notification
would frustrate the collection or jeopardize or compromise a CIA
activity or operation, and (iii) such collection is not
undertaken for the purpose of acquiring information concerning
the domestic activities of U.S. persons." "Domestic activities"
is defined to "mean activities that occur within the United .
States and do not have a significant connection with a foreign
power, person, or organization." In addition, the procedures
further limit the exercise of this authority. All foreign
intelligence activities in the United States, must be coordinated
with the Bureau as specified in the procedures. Moreover, any
foreign intelligence collection involving joining or
participation in organizations in the United States would have to
satisfy the requirements governing undisclosed participation.
. 5. Potential Sources and Contacts. Collection of
information concerning U.S. persons who are potential sources or-
contacts beyond records checks is now permitted for security
reasons as well as to determine operational suitability. The
period for which such information may be kept before approaching
the individual is now three years because the existing one year
limit has proven to be insufficient to adequately appraise all
potential sources. (See V.C.2.a.(l)(a), V.C.2.a.(2)(e), and
VI.A.l.c. of the guidance for CIA activities in the United
States, and V.C.2.a. and VI.A.l.c. of the guidance for CIA
activities outside the United States.)
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7. Counterintelligence Activities in the United States.
The procedures have been generally simplified (See VII. B. of the
guidance for counterintelligence.activities in the United
States). Translation assistance may be provided to the FBI and
other intelligence agencies without General Counsel approval if
CIA personnel do not participate in collection of raw
information. Counterintelligence activities other than technical
assistance to other agencies still require General Counsel
concurrence, DCI or DDCI approval, and coordination with the..
FBI. Attorney General approval is required only as specified in
FBI procedures.
8. Emergencies. Specific provisions permitting any
authorized employee to use standard collection techniques in the
United States in situations involving threats to life or physical
safety and risks of intelligence loss under carefully defined
circumstances have been added. (See IV. E. of the guidance for
CIA activities in the United States.) Similar provisions permit
the exercise of such authority abroad, including use of special
collection techniques (intrusive techni ues). (See IV. E. of the
guidance for CIA activities abroad.) 25X1
9. Physical Surveillance. The new procedures treat
physical surveillance of U.S. persons as a standard collection
technique. (See V. C. l.j. of the guidance for CIA activities in
the United States and abroad) This means that the technique may
be used for foreign intelligence or counterintelligence purposes
without meeting the threshhold that the U.S. person is reasonably
believed to be acting on behalf of a foreign power as is. required
under existing procedures. This change is permissible because. of
changes in the Executive Order. Physical surveillance in the
United States will, however, be limited to current and former CIA
employees and others. with similar associations as required by the
Order. (See V. C. l.j. of the guidance for CIA activities in the
United-State's.) Physical surveillance abroad to collect foreign
intelligence is permissable only to obtain significant
information that cannot be reasonably-be obtained by other 25X1
means.. (See V. C. 3. of the guidance for CIA activities abroad.)
10. U.S. Persons. The definition of U.S. person has been
narrowed to reflect changes in the new Executive Order. The
definition now excludes aliens in the United States who are not
known by CIA to be permanent resident aliens. The procedures add
a new presumption that aliens in the United States are treated as
non-U.S. persons unless specific information to the contrary is
obtained. The definition also excludes corporations incorporated
in the United States that are directed and controlled by a
foreign government. (See V. A. in the guidance for CIA 25X1
activities in the United States and outside the United States.)
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11. International Terrorism. The new procedures define
international terrorism in a manner that now encompasses domestic
terrorism in foreign nations abroad that do not have
international aspects. (See definition of interns al
terrorism in Appendix A.to the CIA procedures.)
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12. Dissemination of U.S. Person Information. The new
procedures, reflecting the new Executive Order, permit
dissemination of information about a U.S. person (other than that
derived from electronic surveillance) to other appropriate
intelligence agencies such as the FBI without first determining
that the information qualifies as foreign intelligence or
counterinteliligence (or some other category of information).
The other agencies must then determine whether or not the.
information is relevant to their responsibilities and can be
retained by them. (See VI. A. 2. of the guidance for CIA
activities in the United States and abroad.) 25X1
13. Effective Date. The effective date of the CIA
procedures will be seven days after signature by both the DCI and
the Attorney General. This period is responsive to a request
from the SSCI through its Chief Counsel, Victoria Toensing, that,
in lieu of prior review of the procedures by the oversight
committees, the committee would appreciate obtaining a copy of
the procedures after Attorney General approval but prior to their
effective date. Ms. Toensing indicated that seven days would be
sufficient. F-1 25X1
Q R r R P T
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Central Intelligence Agency
Honorable William French Smith
Attorney General
Department of Justice
Washington, D.C. 20530
Enclosed for your review and approval are draft procedures
implementing Executive Order 12333, the new Order on intelligence
activities.
Draft procedures governing CIA activities abroad are at Tab
A and draft procedures governing CIA activities in the United
States that have been coordinated with the FBI are at Tab B.
Appendices to both sets are at Tab C. These procedures are
written in a concise, straightforward manner that is positive in
approach and meaningful to operational personnel whose activities
will be guided by them. They would replace earlier complex and
cumbersome procedures that are more than four times as lengthy.
In addition to CIA procedures, draft procedures governing.
FBI counterintelligence activities abroad are at Tab D and
another draft governing the conduct and coordination of narcotics
activities abroad is at Tab E. These counterintelligence
procedures have been coordinated. with the FBI and the narcotics
procedures have been provided to the Bureau for comment.
It is important that we formalize all of these procedures as
soon as possible so that field personnel may benefit from them.
As you know, until such time as they are approved, existing
procedures, developed under President Carter's.Executive Order
12036, will continue to govern CIA activities. I am hopeful that
these new procedures can be signed by you and me no later than
the end of March 1982. In this regard, I have asked my General
Counsel to brief personnel in your Office of Intelligence Policy
and Review on.the substance of these procedures and to assist in
DECLASSIFIED WHEN SEPARATE
FROM ATTACHMENTS
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their review as much as possible. If you have any questions
regarding these procedures, please have your staff contact m
General Counsel, Mr. Stanley Sporkin, or
his office.
Sincerely,
William J. Casey
Director of Central Intelligence
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