PROCEDURES FOR REPORTING FEDERAL CRIMES BY NON-EMPLOYEES UNDER E.O. 12036 S 1-706

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100060059-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 20, 2016
• Document Release Date: April 16, 2007
• Sequence Number: 59
• Content Type: REGULATION

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PROCEDURES FOR REPORTING FEDERAL CRIMES
$Y NON-EMPLOYEES UNDER E.O. 12036 5 1-706
Section 1-706 of Executive Order 12036 requires senior
officials of the intelligence community to:
Report to the Attorney General evidence of possible
violations of federal criminal law by an employee
of their department or agency, and report to the
Attorney General evidence of possible violations
by other persons of those federal criminal laws
specified in guidelines adopted by the Attorney
General.
These guidelines specify the violations of federal criminal
statutes by non-employees which must be reported and provide
reporting procedures.
A. Definitions
"Agency" shall mean:
a. The Central Intelligence Agency;
b. the National Security Agency;
c. the Defense Intelligence Agency;
6
d. offices within DoD for the Collection of
specialized national foreign intelligence
through reconnaissance programs;
?? ,_IFRvi iCIompItc1
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e. the intelligence elements of the military
services, including the Army Intelligence
and Security Command (INSCOM), the Counter-
intelligence Directorate of the Air Force
Office of Special Investigations, and the
Internal Security Division of the Naval
Investigative Service;
the Bureau of Intelligence and Research of
the Department of State;
g. the Intelligence Division of the Federal
Bureau of Investigation; and
h. the staff elements of the Office of the Director
.of Central Intelligence.
2. "Employee" shall mean an employee as defined in
E.O. 12036, ? 4-204.
3. "Reportable offense" shall mean a possible viola-
tion of the federal criminal statutes listed in
part C of these procedures.
4. "Subject" shall mean a person, other than an
employee of the agency, about whom an agency has,
in the course of performing its lawful functions,
acquired information that he is committing or has
committed a reportable offense.
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B. Polemic and Interpretation
1. These procedures govern the reporting of information
of which the agency or its employees become aware in the
course of performing their lawful functions. They do
not authorize an agency to conduct any investigation
or to collect any information not otherwise authorized
by law.
2. These procedures require an employee of an agency
in the intelligence community to report to the general
counsel of his department or agency facts or circa--
stances that appear to the employee to indicate that
a criminal offense has been committed. Reports to
the Department of Justice will be made by the general
counsel of the department or agency or his delegate.
C. Reportable offenses:
Information or allegations showing that the following
federal offenses may have been committed shall be reported:
1. Intentional infliction of physical harm to an
individual:
Assault -- 18 U.S.C. ? 111-113(a)
Homicide -- 18 U.S.C. ?S 1111-14, 1116, 2113(e)
to
Kidnapping -- 18 U.S.C. ? 1201
country -- 18 U.S.C. ? 1153.
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2. Deprivation of constitutional. or civil rights:
Deprivation of constitutional rights --
18 U.S.C. S? 241-42, 245
Unlawful electronic surveillance --
18 U.S.C. ?? 2511(1), 2512(1), 50 U.S.C.
? 1809.
3. Crimes affecting the integrity of U.S_ government
functions:
.Bribery and conflict of interest -- 18 U.S.C.
?? 201-08
Conspiracy to injure or impede an officer --
18 U.S.C. ? 372
Congressional assassination, assault, or
kidnapping -- 18 U.S.C. ? 351
Counterfeiting U.S. obligations -- 18 U.S.C.
? 471-74
Election contributions and expenditures --
2 U.S.C. ?S 441a-j, 599-600
Extortion by government employee -- 18 U.S.C.
?? 872, 974
False statements and false official papers --
18 U.S.C. ?5 1001-02, 1017-18
Frdulent claims- -- 18 U.S.C. ? 286-87
Obstruction of justice -- 18 U.S.C. ? 1503-06,
1508-10
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Passport and visa offenses -- 18 U.S.C.
?? 1541, 4, 1546
Perjury - 18 U.S.C. ?? 1621-23
Presidential assassination, assault, or
kidnapping -- 18 U.S.C. ? 1751
Theft of government property -- 18 U.S.G. ? 641
Threatening the President -- 18 U.S.C. ?871.
4. Espionage, sabotage, and serving as a foreign
agent:
Acting as an unregistered foreign agent --
18 U.S.C. ? 951
Communicating classified information --
50 U.S.C.. ? 733(b)
Communicating restricted data -- 42 U.S.C.
? 2274-77
Espionage -- 18 U.S.C. ?? 793-98
Failure to register as foreign espionage
trainee -- 50 U.S.C. ?S 851-55
Foreign Agents Registration Act 22 U.S.C..
? 618(a)
Government employee acting for a foreign
principal -- 18 U.S.C. ? 219
M,
Sabotage -- 18 U.S.C. ?? 2151-57.
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5. Crimes affecting the foreign relations of the
United States:
Arms Export Control Act -- 22 U.S.C. ? 2778
Corrupt Payment to Foreign Officials --- 15 U.S.C.
? 78dd--l, 78dd-2
Export Control Act -- 50 U.S.C. ? 2405
Neutrality offenses -- 18 U.S.C. ?? 956--60
Trading with the Enemy Act --- 50 App. U.S.C.
5(b), 16.
6. Crimes relating to controlled substances, when
committed in the course of commercial traffic in
substantial-amounts of Schedule I, II, or III
controlled substances:
Manufacture, distribution, dispensing, or
possession with intent to manufacture, distribute,
or dispense by an unauthorized person ---
21 U.S.C. ? 841(a)
Manufacture or distribution of controlled sub-
stance with knowledge or intent that it will
be unlawfully imported -- 21 U.S.C. ? 959
Unlawful importation of controlled substances
-9 21 U.S.C. ? 952.
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7. Crimes characteristic of terrorist activity, when
committed as part of a pattern of international
terrorism:
Aircraft piracy -- 49 U.S.C. ? 1472(i)
Distribution, possession, and use of explosives
-- 18 U.S.G. ?? 842(a)--(i)
Distribution, possession, transfer, and use of
firearms --- 18 U.S.C. ?? 922, 924; 26 U.S.C.
5861
Transporting explosives on board aircraft ---
49 U.S.C. ? 1472(h)
Unlawfully entering the United States --
8 U.S.C. ? 1325.
8. Attempt or conspiracy to commit any of the above
offenses.
D. Reporting Procedures
When. information or allegations are received by an
agency that a subject has committed or is committing a
reportable offense, the agency shall transmit the information'
or allegations to the Department of Justice in the following
manner:
1. In a Lase where no public disclosure of classified
information or intelligence sources and methods
would result from further investigation or prose-
cution, and the security of ongoing intelligence
investigations would not be jeopardized thereby,
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the agency well report the matter to the
cognizant office of the Federal Bureau of
Investigation, other appropriate Federal
investigative agency,' or to the appropriate
United States Attorney or his designee for an
.investigative or prosecutive determination.
2. In a case where further investigation or prose-
cution would result in the public disclosure of
classified information or intelligence sources
and methods or would jeopardize the conduct of
ongoing intelligence operations, a letter ex-
plaining the facts of the matter in detail will
be forwarded to the Criminal Division_ The
agency will also forward to the Criminal Division
a separate classified memorandum explaining the
security or operational problems which would
arise from a criminal investigation or prosecution,
including, but not limited to:
a. Public disclosure of information needed to
prove the offense or to obtain a search
warrant or an electric surveillance order
r3 under chapter 119 of Title 18, United
States Code;
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b. Disclosure required by a defense request
N
for discovery of information under Rule 16
of the Federal Rules of Criminal Procedure,
18 U.S.C. ? 3500, or Brady v. Maryland, 373
U.S. 83 (1963.); and
Interference with the voluntary provision
by the subject or persons associated with
.the subject?of.cover or other services
necessary for intelligence operations.
The Criminal Division, after necessary consultation with
the agency, will determine whether to further investigate
or prosecute. The agency will be informed of such deter-
mination in writing..
E. If the subject of a. referral is an employee of another
agency other than a person subject to the Uniform Code of
Military Justice, the Criminal Division may refer the matter
to that agency for preliminary investigation and possible
administrative action. The employing agency will report the
results of any such preliminary investigation under the pro-
cedures for reporting possible crimes by agency employees.
F. If the subject of the referral is a person subject to
the Uniform Code of Military Justice, the Criminal Division
will coordinate the handling of the matter with the appropriate
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military service in ccordance with existing agreements
between the Departments of Justice and Defense.
G. All referrals required by these proceedings shall be
in writing and in such detail as the Department of Justice
component receiving the referral shall determine.
H. When the head of an agencSr believes that circumstances
of security warrant it, he may directly report to the Attorney
General in writing any matter required to be reported by these
procedures in lieu of following the procedures of paragraphs
D-G.
z. Nothing in these procedures shall be construed to restrict
the exchange of information among agencies in the intelligence
community required by other procedures or agreements made
under E.O. 12036.
Griffin B. Bell
Attorney General
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