SECTION 2 CONDUCT OF INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200030011-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 16, 2016
• Document Release Date: August 2, 2005
• Sequence Number: 11
• Content Type: REPORT

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CONDUCT OF
INTELLIGENCE ACTIVITIES
2-1. General.
2-101.1 Purpose. Information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking
in the areas of national defense and foreign relations. The
measures employed to acquire such information should be respon-
sive to legitimate governmental needs and should be conducted in
a manner that respects established concepts of privacy and civil
liberties.
~-.102. Principles of Interpretation. Sections 2-201
through 2-309 set forth governing principles which, in addition
to other applicable laws, are intended to achieve the proper
balance between protection of individual interests and acqui-
sition of essential information. Those sections govern the con-
duct of specific activities which are authorized for the per-
formance of the functions and responsibilities assigned to the
agencies within the intelligence Community. Those sections shall
not be construed as affecting or restricting other lawful activi-
ties of intelligence components not otherwise addressed
therein. Nothing in this order shall affect the law enforcement
responsibilities of any department or agency. Any collection
activity conducted for a law enforcement purpose may be handled
in accordance with relevant law enforcement procedures, as appro-
priate.
2-2. Use of Certain Collection Techniques.
2-201. General Provisions.
(a) The activities described in sections 2-202 through
2-208 shall be undertaken only as permitted by this Order and by
procedures established by the head of the agency concerned and
approved by the Attorney General. These procedures shall protect
constitutional rights and privacy, ensure that information is
gathered by the least intrusive means possible, and limit use of
The Attorne
y
such information to lawful governmental purposes.
General, shall. provide a statement of reasons for not approving
rPh
National .-Security- Council may establish procedures in--situations
ble to
n
l
a
are u
where the agency head and the Attorney Genera
reach agreement.
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 i rovecTO& P f ~e 5F0~/ g A-~~~ 1 b 4F ~ ~ 1 -the power
to approve the use, for intelligence purposes, of any technique
for which a warrant would be required if undertaken for law
enforcement purposes, provided that such activities sh,.11 not be
undertaken in the United States or against a United States person
abroad without a judicial warrant, xfnless the Attorney General
has determined that under the circumstances the activity is
lawful under the Constitution and statutes of the United States.
2-202. Electronic Surveillance. The CIA may not engage
in any electronic surveillance within the United States. No
agency within the Intelligence Community shall engage in any
electronic surveillance directed against a United States person
abroad or designed to intercept a communication sent from, or
intended for receipt within, the United States except as
permitted by the procedures established pursuant to section
2-2010 Training of personnel by agencies in the intelligence
Community in the use of 'electronic communications equipment,
testing by such agencies of such equipment, and the use of
measures to determine the existence and capability of electronic
surveillance equipment being used unlawfully shall not be
prohib.j.?ed and shall also be governed by such procedures. Such
activities shall be limited in scope and duration to those neces-
sary to carry out the training, testing or countermeasures
purpose. No information derived from communications intercepted
in the course of such training, testing or use of countermeasures
may be retained or used for any other purpose. Any electronic
surveillance, as defined in the Foreign Intelligence Surveillance
Act of 1978, shall be conducted in accordance with that Act as
well as this Order.
2-203. Electronic, Optical, or Mechanical Monitoring.
Electronic, optical, or mechanical devices may be used to monitor
any person in the United States or any United States person
abroad in circumstances where a warrant would be required if
undertaken for law enforcement purposes, but only in accordance
with procedures established pursuant to section 2-201. Any
monitoring which constitutes electronic surveillance as defined
in the Foreign Intelligence Surveillance Act of 1978 shall be
conducted in accordance with that Act as well as this order.
2-204. Physical Searches. No agency within the Intelli-
gence Community other than the FBI may conduct any unconsented
physical search within the United States except as provided in
this section. The counterintelligence elements of the military
services may. conduct. such searches directed, against active duty
military personnel when authorized by a, military_ commander`-
empowered to approve physical searches -for law _enforcement.
purposes ,pursuant to the_ Manual for Courts-Martial, Rule 315
(E.O. ~-) based upon -a finding ;of probable `cause to believe-
:'1,2198 that such persons" are acting as--agents of foreign powers. The
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persons lawfully in its possession. All such searches within the
United States, as well as all such searches conducted by any
agency within the Intelligence Community outside the United
States and directed against U.S. persons shall be undertaken only
as permitted by procedures established pursuant to section 2-201..
21-205. Mail Surveillance. No agency within the Intelli-
gence Community shall open mail or examine envelopes in United
States postal channels, except in accordance with applicable
statutes and regulations. No agency within the Intelligence
Community shall open mail of a United States person that is out-
side U.S. postal channels except as permitted by procedures
established pursuant to section 2-201.
2-206. Physical Surveillance. The FBI may conduct
physical surveillance (including the use of monitoring devices
for which a warrant would not be required for law enforcement
purposes) directed against United States persons or others in the
course of a lawful investigation. Other agencies within the
Intelligence Community may undertake physical surveillance
(including the use of monitoring devices for which a warrant
would not be required for law enforcement purposes) directed
against a United States person if:
(a) The surveillance is conducted outside the United
States and the person is being surveilled in the course of a
lawful foreign intelligence, counterintelligence, international
narcotics or international terrorism investigation;
(b) That person is being surveilled for the purpose of
protecting foreign intelligence or counterintelligence sources
and methods from unauthorized disclosure or is the subject of a
lawful counterintelligence or personnel, physical or communica-
tions security investigation; or
(c) The surveillance is conducted solely for the purpose
of identifying a person who is in contact with someone described
in subsection'''(a) or (b) of this section.
(d) Surveillance under paragraph (b) may be conducted
within the United States of only a present employee, intelligence
.agency contractor or employee of such a contractor, or military
person employed by a nonintelligence element of a military
service.
2--207. _ -Undisclosed'Participation in Domestic =Or aq niza-
tions. Employees--of agencies within the*Intelligence Community
may Join, or otherwise participate in any brganization within
the 'United States ~on behalf off _a_ny agency W thin the Intelligence
Community without disclosing their intelligence affiliation- to
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 appropr M feclkelibsseOf00$@/1?r IR $igM03kk00 00i1~-9accordance
with procedures established pursuant to section 2-201. Such
procedures shall provide for disclosure of such affiliation in
all cases unless the agency head,-or a designee finds that non-
disclosure is essential to achieving lawful purposes, and that
finding is subject to review by the Attorney Geutiral. Those
procedures shall limit undisclosed participation to cases where:
(a) The participation is undertaken on behalf of the FBI
in the course of a lawful investigation;
(b) The organization concerned is composed primarily of
individuals who are not United States persons and is reasonably
believed to be acting on behalf of a foreign power; or
(c) The participation is strictly limited in its nature,
scope and duration to -that necessary for other lawful purposes
relating to foreign intelligence and is a type of participation
approved by the Attorney General and set forth in a public docu-
ment. No such participation may be undertaken for the purpose of
influencing the activity of the organization or its members
unless the Attorney General has approved the participation and
detertni. red that it will not interfere with any rights protected
by the Constitution or laws of the United States.
2-208. Collection of Nonpublicly Available Informa-
tion. An agency within the Intelligence Community may collect,
retain in files on identifiable United States persons, or
disseminate information for foreign intelligence or counter-
intelligence purposes concerning the activities of United States
persons that is not available publicly, only if it does so with
their consent or as permitted by procedures established pursuant
to section 2-201. Those procedures shall limit collection,
retention in files on identifiable United States persons, and
dissemination to the following types of information:
(a) Information concerning corporations or other commer-
cial organizations or activities that constitutes foreign intel-
ligence or counterintelligence;
(b) Information arising out of a lawful counterintelli-
gence or personnel, physical or communications security investi-
gation;
(c) Information concerning persons, derived from any
lawful investigation, _which is needed.to protect foreign Intel--
l genre or counterintelligence sources or methodsfrorti`unautho-
neec ed solely to identify`i4ndividuaals in
mat
f
I
ion
n
or
(d )
contact with those persons described in paragraph (c) of this
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 Approved For Release 20R,5/08/15 ? CCIn 7 1 0 ~~Q01~$ a lawful
bTie'-cob
section or in contact wit some
foreign intelligence or counterintelligence investigation
(e) Informati-6n concerning persons who are reasonably
believed to be potential sources or contacts, but only for the
purpose of determining the suitability or credibility of such
persons;
(f) Information constituting foreign intelligence or
counterintelligence gathered abroad or from electronic surveil-
lance conducted in compliance with section 2-202 or gathered by
lawful means in the United States;
(g) Information about a person who has acted or may be
acting on behalf of a foreign power, has engaged or may be
engaging in international terrorist or narcotics activities, or
has endangered the safety of any person protected by the United
States Secret Service or the Department of State, or may be
endangering the safety of any person;
(h) Information acquired by overhead reconnaissance not
directed at specific United States persons;
(i.) Information concerning United States persons abroad
that is obtained in response to requests from the Department of
State for support of its consular responsibilities relating to
the welfare of those persons;
(:j) Information collected, received, disseminated or
stored by the FBI and necessary to fulfill its lawful investiga-
tive responsibilities;
(k) Information concerning persons or activities that
pose a credible threat to any facility or employee of any agency
within the Intelligence Community or any department containing
such an agency; or
(:x) information concerning persons or organizations who
are the targets, victims or hostages of international terrorist
organizations.
In addition, those procedures shall permit an agency within the
Intelligence Community to disseminate information, other than
information derived from signals intelligence, to another agency
within the intelligence _Community for purposes of allowing the
recipient agency to.- whether , t- e_ information_ is relevant
i ili ana r- In be retained y it.
___
pons
2-3 Additional Pr'incip es.
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 A proved F Rel CIA
2301'axef~ga~r.~~~~3&g~Qp~2S00~11I~telli-
gence Community may examine tax returns or tax information only
as permitted by applicable law.
2--302. Human Experimentation. No agency within the
Intelligence Community shall sponsor, contract for, or condom t
research on human subjects except in accordance with guidelines
issued by the Department of Health and*Human Services. The
subject's informed consent shall be documented as required by
those guidelines.
2-303. Contracting. No agency within the Intelligence
Community shall enter into a contract or arrangement for the
provision of goods or services with private companies or institu-
tions in the United States unless the agency sponsorship is known
to the appropriate officials of the company or institution. In
the case of any company or institution other than an academic
institut:ion, intelligence agency sponsorship may be concealed
where it is determined, pursuant to procedures approved by the
agency head, that such concealment is necessary for authorized
intell igi:CFr-ce purposes.
2-?304. Restrictions on Personnel Assigned to Other
Agencies, An employee detailed to another agency within the
federal government shall be responsible to the host agency and
shall not report to the parent agency on the affairs of the host
agency unless so directed by the host agency. The head of the
host agency, and any successor, shall be informed of the
employee's relationship with the parent agency.
2-305. Prohibition on Assassination. No person employed
by or acting on behalf of the United States Government shall
engage in, or conspire to engage in, assassination.
2-306. Special Activities. No component of the United
States Government except an agency within the Intelligence Commu-
nity may conduct any special activity. No such agency except the
CIA (or the Armed Forces of the United States in time of war
declared by Congress or during any period covered by a report
from the President to the Congress under the War Powers Resolu-
tion (87' Stat. 855)) may conduct any special activity unless the
to
l
lik
e
y
President determines that another agency is more
achieve a particular objective.
2-307. Restrictions on Indirect Participation in
Prohibited Activities: No agency of the intelligence Community
shall carry out., inditeCt .y__ p.r. by,: proxy; _ any' activity forbidden
by this Order or by applicaD-Le law.
2-308: Restrictions on Assistance to Law Enforcement.
Authorities. Agencies within the intelligence Community other
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 r1ovga4rlR~Jse 2AQW@Wt5 aCIA
than the Q'34A4kAbb3g1 V law or
section 2-309:
services, equipment, personnel or facilities
~ (a) Provide
to the Law Enforcement Assistance Administration (or its succes-
sor agencies) or to state or local police organizations of the /
United States; or
(b) Participate in or fund any law enforcement activity
within the United States.
2-309. Permissible Assistance to Law Enforcement
Authorities. The restrictions in section 2-308 shall not
Lawful -storage or dissemination of
preclude:
(a) Cooperation with appropriate law enforcement
agencies for the purpose of protecting the personnel, information
and facilities of any agency within the Intelligence Community;
(b) Participation in law enforcement activities in
accordance with law and this Order, to investigate or prevent
clandestine intelligence activities by foreign powers, or
international terrorist or narcotics activities; or
(c) Provision of specialized equipment, technical know-
ledge, cc assistance of expert personnel for use by any depart-
ment or agency or, when lives are endangered, to support local
caseassistance
Generalexpert
law enforcement seC1Provision
Counsel
personnel shall be approved
of the providing agency.
2-310. Permissible Dissemination and Storage of Informa-
tion. Nothing in sections 2-201 through 2-309 of this Order
shall prohibit:
(a) Dissemination to appropriate law enforcement
agencies of information which may indicate involvement in activi-
ties that may violate federal, state, local or foreign laws;
(b) Storage of information required by law to be
.'
retained;
(c) Dissemination of information covered by section
2-208 to agencies within the Intelligence Community or entities
of cooperating foreign governments; or
administrative -purposes-.
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