PROCEDURES RELATING TO THE PROVISION OF EXPERT CIA PERSONNEL TO LAW ENFORCEMENT AUTHORITIES*

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100090051-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 19, 2016
• Document Release Date: October 23, 2006
• Sequence Number: 51
• Content Type: REGULATION

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PFtOtiEDUZES RELATING TO THE PROVISION OF
EXPERT CIA PF:~2SOT7NEL TJ LAt~ E?`:FORCE~1Ei1T nUTHGRITIS*
Far the purpose of impl.emer.ting subsection 2-30?(c) of
ExeCL't1Ve Order 120.36, the Attorney General has approved the
fol.lawing procedures relating to the provision of Central
Intelligence Agency (CIA) expert personnel to law enforcement
~iuthorities within the United States for the purposes of
actual participation in enforcement activities. These
procedures do not apply in circumstances where CIA is asked
only to provide specialized equipment, or technical knowledge
to law enforcement authorities.
1. CIA will not provide its expert personnel to the
Law Enforcement Assistance Administration (LEAA} or its
successor agencies.
2. CIA will nat provide its expert personnel to other
Federal law enforcement authorities for law enforcement
activities unless the Attorney General approves such assistance,
except as provided in paragraph S, I1, 12 or 13 below.
3. CIA will not provide its expert personnel to state
or local law enforcement agencies within the United States
to support law enforcement activities unless lives are
en~3angered and the Attorney General approves such assistance,
except as provided in paragraph I1 or 13 below.
4. CIA may provide its expert personnel to any Iaw
enforcement authority except the LEAA to support law enforcement
activities if there are reasonable grounds to believe that CIA
is in a position to provide assistance which is not otherwise
available from a non-intelligence agency and if the Attorney
General approves such assistance pursuant to paragraph 6 or 7
below,
*Depending on the purpose for which the expert personnel
are being provided, other Attorney General approved procedures
may also apply. Unless the Attorney General otherwise
~r~ecifies, the activities of CIA employees while assisting
other agencies will be governed by all rules, regulations,
and procedures controlling the activities of CIA employees.
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5. CIA may provide expert pe.rsonaiel to federal law
enforcement agencies to assist in inveJtigating or preventing
clandestine intelligence activities by foreign powers,
international terrorist activities, or international-narcotics
production and trafficking, provided that such assistance is
limited to technical and analytical assistance to evaluate
or analyze information collected by law enforcement agencies
and that CIA personnel do not participate in collection of
raw information. Such assistance may be provided without
prior approval of the Attorney General. if the General Counsel,
CIA, has determined that provision of the assistance is
consistent with all applicable law, including the provisions
of the National Security Act of 1947, as amended. The
Attorney General shall be notified, on a timely basis, of
all assistance provided under this paragraph. Any request
for CIA participation in collecting counterintelligence
information in the United States shall be reviewed and
approved in accordance with the procedures approved under ?
1-8~J5 of Executive Order 12036.
6. Except as provided in paragraph 8 below, requests
for Attorney General approval for CIA provision of its
expert personnel to a Federal law enforcement authority
(except hEAA or its successor agencies} will be made by the
Director of Central Intelligence (DCI) or Deputy Director of
ventral Intelligence (DDCI) and will:
a. describe the nature of ttie assistance to be
provided, including the duration thereof; and
b. explain the basis for the conclusion that CIA
is in a position to provide requested assistance which
is not otherwise available from a non-intelligence
agency.
7. Except as provided in paragraph 8, immediately
below, requests for Attorney General approval for CIA provision
of its expert personnel to a state or local law enforcement
agency in the United States will be made by the DCI or DDCI
and will:
a. describe the nature of the assistance to be
provided, including the duration thereof;
b. explain the basis for the conclusion that
CIA is in a position to provide requested assistance
which is not otherwise available from a non-intelligence
agency; and
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c. describe the facts and circumstances relating
to the threat of human life.
8. The Attorney General may approve generic findings
for a particular type of assistance for a particular law
enforcement authority, if circumstances require that repeated
assistance may be needed. Such aporovsl may authorize CIA
to provide similar assistance so long as it continues to
meet the requirements of paragraph 6 and 7 above, and meets
any specific additional requirements set out in the Attorney
General procedures.
9. When necessary a request may be oral and authorization
may also be oral but in these circumstances the request and
authorization will be confirmed in writing as soon a5 possible.
10. A1.1 recommendations to the DCI or nDCI requesting
Attorney General approval will be forwarded through the
General Counsel, CIA, along with supporting information, for
his determination that the recommendation conforms tp the
rcc~uirements of these procedures and is otherwise lawful.
':the General Counsel's determination shall be sent to the
Attorney General as part of any request for Attorney General
approval.
11, Nothing in these procedures will be construed to
prohibit, where a person's life or physical safety is reasonably
believed to be in imminent danger, and the time required to
secuz:e the prior approval of the Attorney General would
increase the risk of such danger, the assistance by CIA
expert personnel without such prior approval. The Attorney
General shall be notified within 72 hours of any such assistance
provided to a law enforcement authority in such exigent
circumstances.
1.2. Nothing in these procedures will be construed to
~~rohibit CIA's providing its expert personnel to support the
Secret Service in accordance with the provisions of Public
I>aw 94-524 (18 U.S.C. 3056 note},
13. Nothing in these procedures precludes exceptions
by specific written Presidential authorization to the extent
the President has lawful authority to approve such exceptions.
Any application for such exception will be forwarded_by the
DCI or DDCI to the President through the Attorney General.
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14. All questions as to the coverage and interpretation
of these procedures will be resolved by the General Counsel,
CIA, in consultation where there is a significant new legal
question with the Department of Justice. The DCI may modify
these procedures upan the express approval of the Attorney
General.
15. For the purposes of these procedures the term:
a. "Attorney General" includes the Acting Attorney
General or any person specifically designated by the
Attorney General to approve reque:~ts for assistance.
b. "Central Intelligence Agency" and "CIA" include
the staff elements of the office of the Director of
Central Intelligence.
c, "CIA employee" means any person employed by,
assigned to or acting for CIA.
d. "CIA expert personnel" and "its expert personnel"
mean any CIA employee who has unique or special technical
or professional skill or expertise.
e. "Clandestine intelligence activity" means an
activity conducted for intelligence purposes or for the
purpose of affecting political or governmental processes
by or on behalf of a foreign power in a manner tending
to conceal from the United States Government the nature
or fact of such activity or the role of such foreign
power, and any knowing activity conducted in support of
such activity.
f. "Deputy Director of Central Intelligence" and
"UDCT" include the Acting Deputy Director of Central
Intelligence.
g. "Director of Central Intelligence" and "DCI"
include the Acting Director of Central Intelligence.
h. "'Federal law enforcement authorities" includes
the FBI, DEA, Secret Service and other entities of
United States departments and agencies whose officers
are empowered by law to conduct investigations of, and
to make arrests because of, offenses against the United
States.
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i. "Foreign power" means
(1) a foreign government or any component
thereof, whether or nc~t recognized by the United
States;
(2) a faction of a foreign nation or nations,
not substantially composed of United States persons; ,,
(3) an entity that is openly acknowledged by
a foreign government or governments to be directed
and controlled by such foreign government or
governments;
(4) a foreign-based group engaged in international
terrorist activity and any other group engaged
abroad in such activity; or
(5) a foreigr.-based political organization
not substantially composed of United States persons.
j. "International terrorist activities" means any
activity or activities which.
(1) Involves killing, causing serious bodily
harm, kidnapping, or violent destruction of property,
or an attempt or credible threat to commit such
acts;
(2) Appears intended to endanger a protectee
of the Secret Service or the Department of State
or to further political, social ar economic goals
by intimidating or coercing a civilian population
or any segment thereof, influencing the policy of
a government or international organization by
intimidation or coercion, or obtaining widespread
publicity for a group or its cause; and
(3) Transcends national boundaries in terms
of the means by which it is accomplished, the civilian
population, government, or international organization
it appears intended to coerce or intimidate, or the
locale in which its perpetrators operate or seek
asylum.
k. "United States," when used to describe a place,
includes territories of the United States.
1~ July 1979
Bate ~~-~-__
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I approve the foregoing procedures in accordance with
subsection 2-309(c) of Executive Order 12036. In my opinion
the provision of assistance to law enforcement authorities
by CIA expert personnel pursuant to and in accordance with
these procedures is lawful.
3/ ~~ ?~
to
Attorney General -
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