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-RDP87B01034R000100090049-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 20, 2016
• Document Release Date: April 16, 2007
• Sequence Number: 49
• Publication Date: August 15, 1979
• Content Type: REGULATION

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PROCEDURES FOR REPORTING FEDERAL CRIMES
BY NON-EMPLOYEES UNDER E.O. 12036 5 1-706
"Agency" shall mean:
a. The Central Intelligence Agency;
b. the National Security Agency;
c. the Defense Intelligence Agency;
d. offices within DoD for the Collection of
specialized national foreign intelligence
through reconnaissance programs;
?? ,_I FRe'eri i CompI t d
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
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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;
f. the Bureau of Intelligence and Research of
the Department of State;
g. the Intelligence elements 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, 9 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. Policy and Interpretation
1. These procedure; 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 circum-
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 only as set
forth below.
C. Reportable Offenses
Information or allegations showing that the following
federal offenses may have been committed shall be reported:
1. Crimes involving intentional infliction or threat
of death or serious physical harm. Pertinent fe eral
offenses include:
Assault -- 18 U.S.C. ?? 111-113(a)
Homicide -- 18 U.S.S. ?S 1111-14, 1116, 2113(e)
Kidnapping -- 18 U.S.C. ? 1201
Congressional assassination, assault or
kidnapping 18 U.S.C. ? 1751
Threatening the President -- 18 U.S.C. ? 871
2. Crimes that impact on the national security, defense
or foreign relations of the United States. Pertinent
federal offenses include:
Communicating classified information --- SO U.S.C. ? 783(b)
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 Espionage -- 18 U.S.C. ? 793-98
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,Sabotage -- 18 U.S.C. ?? 2151-57
Arms Export Control Act -- 22 U.S.C. ? 2778
Export Control Act -- 50 U.S.C. ? 2405
Neutrality offenses -- 18 U.S.C. ?5 956-60
Trading with the Enemy Act -- 50 App. U.S.C.
?? 5 (b), 16
Acting as an unregistered foreign agent -- 18 U.S.C
? 951
Communicating classified information -- 50 U.S.C.
? 783(b)
Government employee acting for a foreign principal -
18 U.S.C. S 219
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. ?? 851-55
Foreign Agents Registration Act -- 22 U.S.C.
618(a)
Sabotage --- 1.8 U.S.C. ?? 2151-57
Unlawfully entering the United States ---- 8 U.S.C.
? 1325
The general counsel of the agency, by agreement with the
Criminal Division, may develop categories of specific
crimes which need not be reported because that particular
category could have no significant impact on national
security, defense or foreign relations.
3. Any crime meeting any of the following criteria:
a. The crime is committed in circumstances
likely to have a substantial impact on the national
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conceal ac ivy. ies avIng such an impact.
b. The crime involves foreign interference with
the integrity of United States governmental institutions
or processes. Such crimes include, when committed by
foreign persons:
Bribery of public officials and witnesses -- 18 U.S.C.
?? 201-208
Conspiracy to injure or impede an officer --- 18 U.S.C. ? 372
Election contributions and expenditures -- 2 U.S.C.
?? 441a-j, 599-600
c. There are indications that the crime is
committed by or on behalf of a foreign power or in
connection with international terrorist activity.
Such crimes include:
Aircraft piracy -- 49 U.S.C. ? 1472(i)
Distribution, possession, and use of explosives --
1S U.S.C. ?? 842 `a) - (i)
Unlawful electronic surveillance --- 18 U.S.C.
?? 2511(1), 2512(1), 50 U.S.C. ? 1809
Passport and visa offenses -- 18 U.S.C. ?S 1541-44,
1546
Distribution, possession, transfer, and use of
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)
Conspiracy to injure or impede an officer
18 U.S.C. ? 372
Counterfeiting U.S. obligations -- 18 U.S.C. ? 471-74
False statements and false official papers --
18 U.S.C. ?9 1001-02, 1017-18
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Obstruction of justice -- 18 U.S.C. ?S 1503-06,
1508-10
Perjury -- 18 U.S.C. S 1621-23
4. The general counsel may report any other possible
offense when he believes it should be reported to
the Attorney General.
5. Any conspiracy to commit a reportable offense
shall be reported.
6.. The general counsel shall keep records of any matters
referred to him which contain information or alle-
gations of a felony in violation of federal law
which the general counsel determines is not reportable
under these provisions.
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 case 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,
the agency will report the matter to the cognizant
office of the Federal Bureau of Investigation, other
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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 prosecution
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 explaining 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 electronic surveillance order
under chapter 119 of Title 18, United
States Code;
b. disclosure required by a defense request
for discovery of information under Rule 16
of the Federal Rules of Criminal Procedure,
18 U.S.C. 9 3500, or Brady v. Maryland, 373
U.S. 83 (1963) ; and
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c. 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 procedures 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 appro-
priate military service in accordance with existing agree-
ments 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 agency believes that circumstances of
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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.
I, Nothing in these procedures shall be construed to restrict
the exchange of information among agencies in the intelli-
gence community required by other procedures or agreements
made under E.O. 12036.
Dated:
Griffin B. Bell
Attorney General
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