THE ATTORNEY GENERAL'S GUIDELINES FOR FBI NATIONAL SECURITY INVESTIGATIONS AND FOREIGN INTELLIGENCE COLLECTION U EFFECTIVE October 31 2003 Classified by John Ashcroft Attorney General Reason l 4 c Declassify on October 31 2028 Classificatim Modified by Alberto R Gonzales Attomey General Augui2 2007 SEC ORN PREAMBLE U The following Guidelines on national security investigations and foreign intelligence collection by the Federal Bureau oflnvestigation FBI are issued under the authority of the Attorney General as provided in sections 509 510 533 and 534 of title 28 United States Code They apply to activities of the FBI pursuant to Executive Order 12333 and other activities as provided herein U ii TABLE OF CONTENTS U INTRODUCTION I Il III I A NATIONAL SECURITY INVESTIGATIONS B FOREIGN INTELLIGENCE COLLECTION C STRATEGIC ANALYSIS D RETENTION AND DISSEMINATION OF INFORMATION 2 5 5 6 GENERAL AJJTHORJTJES AND PRINCIPLES 6 A GENERAL AUTHORITIES B USE OF AUTHORITIES AND METHODS C DETERMINATION OF UNITED STATES PERSON STATUS D NATURE AND APPLICATION OF THE GUIDELINES 6 7 9 10 NATIONAL SECURITY INVESTIGATIONS II A THREAT ASSESSMENTS B COMMON PROVISIONS FOR PRELIMINARY AND FULL INVESTIGATIONS 13 C PRELIMINARY INVESTIGATIONS D FULL INVESTIGATIONS E EXTRATERRITORIAL OPERATIONS 12 15 16 17 INVESTIGATIVE ASSISTANCE TO STATE LOCAL AND FOREIGN GOVERNMENTS iii 18 SEC OFORN IV A STATE AND LOCAL GOVERNMENTS B FOREIGN GOVERNMENTS 18 18 FOREIGN INTELLIGENCE COLLECTION AND ASSISTANCE TO INTELLIGENCE AGENCIES 19 A FOREIGN INTELLIGENCE COLLECTION 19 B OPERATIONAL SUPPORT C CENTRAL INTELLIGENCE AGENCY AND DEPARTMENT OF DEFENSE ACTIVITIES WITHIN THE UNITED STATES 20 20 V INVESTIGATIVE TECHNIQUES 21 VI STRATEGIC ANALYSTS VII RETENTION AND DTSSEMTNATION OF INFORMATION 23 VIII U 23 A INFORMATION SYSTEMS AND DATABASES 23 B INFORMATION SHARING 24 C SPECIAL STATUTORY REQUIREMENTS 32 DEFINITIONS 33 IV IEC OFORN INTRODUCTION U Following the September 11 2001 terrorist attack on the United States the Department of Justice carried out a general review ofexisting guidelines and procedures relating to national security and criminal matters These Guidelines reflect the result of that review U These Guidelines generally authorize investigation by the FBI ofthreats to the national security of the United States investigative assistance by the FBI to state local and foreign governments in relation to matters affecting the national security the collection of foreign intelligence by the FBI the production of strategic analysis by the FBI and the retention and dissemination of information resulting from the foregoing activities This includes guidance for the activities of the FBI pursuant to Executive Order 12333 United States Intelligence Activities Dec 4 1981 U The general objective ofthese Guidelines is the full utilization of all authorities and investigative techniques consistent with the Constitution and laws of the United States so as to protect the United States and its people from terrorism and other threats to the national security As Executive Order 12333 provides t imelyand accurate information about the activities capabilities plans and intentions of foreign powers organizations and persons and their agents is essential to the national security of the United States and a 11 reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available At the same time intelligence gathering activities must be canied out in a responsible manner that is consistent with the Constitution and applicable law and information concerning United States persons may be collected retained and disseminated only in accordance with procedures approved by the Attorney General Executive Order 12333 Preamble §§ 2 I 2 3 These guidelines should be implemented and interpreted so as to realize as fully as possible the critical objectives of the Executive Order U The activities of the FBI under these Guidelines are part of the overall response of the United States to threats to the national security which includes cooperative efforts and sharing ofinforrnation with other agencies including other entities in the Intelligence Community and the Department of Homeland Security The overriding priority in these efforts is preventing preempting and disrupting terrorist threats to the United States In some cases this ptiority will dictate the provision of information to other agencies even where doing so may affect criminal prosecutions or ongoing law enforcement or intelligence operations To the greatest extent possible that is consistent with this overriding priority the FBI shall also act in a manner to protect other significant interests including the protection of intelligence and sensitive law enforcement sources and methods other classified information and sensitive operational and prosecutorial information U IEC OFORN A NATIONAL SECURITY INVESTIGATIONS U These Guidelines authorize the investigation by the FBI ofthreats to the national security Matters constituting threats to the national security including international terrorism and espionage are identified in Part I Al Parts II and V of the Guidelines contain the specific provisions governing the conduct of investigations ofthese threats U The investigations authorized by these Guidelines serve to protect the national security by providing the basis for and informing decisions concerning a variety of measures to deal with threats to the national security These measures may include for example recruitment of double agents and other assets excluding or removing persons involved in terrorism or espionage from the United States freezing assets oforganizations that engage in or support terrorism securing targets of terrorism or espionage providing threat infonnation and warnings to other federal agencies and officials state and local governments and private entities diplomatic or military actions and actions by other intelligence agencies to counter international terrorism or other national security threats In addition the matters identified by these Guidelines as threats to the national security including international terrorism and espionage almost invariably involve possible violations ofcriminal statutes Detecting solving and preventing these crimes - and in many cases arresting and prosecuting the perpetrators - are crucial objectives of national security investigations under these Guidelines Thus these investigations are usually both counterintelligence investigations and criminal investigations U The authority to conduct national security investigations under these Guidelines does not supplant or limit the authority to carry out activities under other Attorney General guidelines or pursuant to other lawful authorities ofthe FBI Thus matters within the scope ofthese Guidelines such as crimes involved in international terrorism and the activities of groups and organizations that aim to commit such crimes may also be investigated under the guidelines for general crimes investigations and criminal intelligence investigations See the Attorney General's Guidelines on General Crimes Racketeering Enterprise and Terrorism Enterprise Investigations Part II general crimes investigations and Part Ill B te1Torism enterprise investigations Likewise the authorization of extraterritorial activities under Part 11 E of these Guidelines overlaps at a practical level with other guidelines the Attorney General has issued for extraterritorial criminal investigations and use of extraterritorial criminal informants The requirements under these Guidelines to notify FBI Headquarters and other Department ofJustice components and officials concerning the initiation and progress ofinvestigations are intended in part to ensure that activities pursuant to these Guidelines are fully coordinated with investigations and activities under other authorities of the FBI U Part II ofthese Guidelines authorizes three levels ofinvestigative activity in national security investigations 1 threat assessments 2 preliminary investigations and 3 foll investigations U 1 Threat assessments To cany out its central mission of preventing the commission often-orist acts against the United States and its people the FBI must proactively draw on available sources ofinfom1ation to identify terrorist threats and activities It cannot be content to wait for leads to come in through the actions of others but rather must be vigilant in detecting terrorist activities to the full extent permitted by law with an eye towards early intervention and prevention ofacts ofterrorism before they occur U Part II A of these Guidelines accordingly authorizes the proactive collection ofinformation concerning threats to the national security including information on individuals groups and organizations ofpossible investigative interest and information on possible targets of international terrorist activities or other national security threats such as infrastructure and computer systems vulnerabilities nus is comparable to the authorization under Part VI ofthe Attorney General's Guidelines on General Crimes Racketeering Enterprise and Terrorism Enterprise Investigations to engage in information collection for counterterrorism or other law enforcement purposes without any more specific investigative predication The particular methods allowed in threat assessments are relatively non-intmsive investigative techniques including obtaining publicly available infmmation accessing information available within the FBI or Depaiiment of Justice requesting information from other government entities using online infonnational resources and services interviewing previously established assets non-pretextual interviews and requests for information from members of the public and private entities and accepting information voluntarily provided by governmental or private entities U I In addition to allowing proactive information collection for national security purposes the authority to conduct threat assessments may be used in cases in which infonnation or an allegation concerning possible terrorist or other national security-threatening activity by an individual group or orgarlization is received and the matter can be checked out promptly through the relatively non-intrusive techniques authorized in threat assessments This can avoid the need to open a formal preliminary or full investigation if the threat assessment indicates that further investigation is not warranted In this function threat assessments under these Guidelines are comparable to the checking of initial leads in ordinary criminal investigations See the Attorney General's Guidelines on General Crimes Racketeering Enterprise and Terrorism Enterprise Investigations Subpart A of the Introduction U 2 Preliminaiy investigations Preliminary investigations are authorized generally speaking when there is information or an allegation indicating that a threat to the national security may exist Preliminary investigations may relate to individuals groups organizations and possible ciiminal violations as specified in Pait ll B U Since the legal predicate for mail opening physical searches and electronic surveillance that require a judicial order or warrant generally entails more substantial information or evidence than would be available outside ofa full investigation the Guidelines specify that these methods are not available in preliminary investigations Otherwise all lawful investigative techniques may be used in preliminaiy investigations A non-exhaustive listing of such techniques including related review or approval requirements appears in Part V of these Guidelines These include all the techniques that may be used in tl1reat assessments interviews and pretext interviews of the subject of the investigation and other persons use ofpreviously established assets and recruitment ofnew assets physical photographic and video surveillance not requiring unconsented entry mail covers polygraph examinations inqui1y oflaw enforcement intelligence and security agencies of foreign governments physical searches not requiring a judicial order or wan·ant undercover operations and undisclosed participation in organizations consensual monitoring of communications including consensual cnmnuter monitorhlg National Security Letters and pen registers and trap and trace devices U Preliminaiy investigations are limited in duration They may initially be authorized for up to six months subject to a possible six-month extension by the responsible field office Extensions of irJ 1imim1ry investigations that continue beyond a year must be authorized by FBI Headqua1ters U 3 Full investigations Full investigations are authoiized generally speaking when there are specific ai1d articulable facts giving reason to believe that a tlu·eat to the national secuiity may exist Like preliminary investigations full investigations may relate to individuals groups organizations and possible criminal violations as specified in Part ll B U All lawful investigative techniques may be used hl full investigations These include in addition to the techniques authorized in threat assessments and preliminary investigations nonconsensual mail open physical searches and electronic surveillance that require judicial orders or wa Tants U ln investigating tlu·eats to the national security the FBI may request information from foreign law enforcement intelligence and security agencies and may in certain circumstances conduct operations outside of the United States Part JI E ofthese Guidelines sets out conditions and approval requirements for extraterritorial activities As provided in Patt 11 E these activities require a request from or approval ofthc Director of Central Intelligence or a designee This requirement ensures that extraterritorial activities under these Guidelines are properly coordinated with other agencies in the Intelligence Community so that their authorities and capabilities are also brought to bear as xopriate to protect the national security consistent with Executive Order 12333 or a successor order U The FBI may also provide assistance to state and local governments and to foreign law enforcement intelligence and security agencies in investigations relating to threats to the national security Pait III of these Guidelines specifies standards and procedures for the provision of such assistance U B FOREIGN INTELLIGENCE COLLECTION U The FBI's functions pursuant to Executive Order 12333 §§ l 6 l 14 2 3 and 2 4 include engaging in foreign intelligence collection and providing operational support for other components ofthe U S Intelligence Conrnrnnity This role is frequently critical in collecting foreign intelligence within the United States because the authorized domestic activities ofother intelligence agencies are more constrained than those of the FBI under applicable statutory law and Executive Order 12333 U Part IV of these Guidelines provides standards and procedures for the provision of such assistance by the FBI to other federal intelligence agencies and the collection of foreign intelligence by the FBI U C STRATEGIC ANALYSIS IJ Executive Order 12333 § l l4 d states that the FBI shall p roduceand disseminate foreign intelligence and counterintelligence The Executive Order further provides in§ l l a that m aximum emphasis should be given to fostering analytical competition among appropriate elements ofthe Intelligence Community Given the magnitude and potential consequences ofterrorist threats and other threats to the national security it is imperative that the FBI develop and maintain a strong analytic capacity to identify examine assess and appropriately disseminate information concerning terrorist threats and to produce and disseminate other analysis relating to national security matters U Part VI of these Guidelines accordingly authorizes the FBI to examine and analyze information to produce and disseminate foreign intelligence and counterintelligence Part VI provides that the FBI may draw on information from any source permitted by law in carrying out this analytic function and may supplement the information in its possession for purposes ofthese analytic activities through the use of the methods autho1ized in threat assessments such as obtaining publicly available information and SEciMc FoRN checking government records U D RETENTION AND DISSEMINATION OF INFORMATION U Part VII ofthese Guidelines requires the maintenance of adequate records and information relating to investigations and other activities under these Guidelines and provides standards for the sharing and dissemination of information obtained in such investigations and activities U Part VII includes in Subpart B 2 provisions for sharing ofinformation and consultation with other Department of Justice components which reflect legal reforms and policies adopted by the Attorney General following the September 11 2001 terrorist attack Consistent with legal norms and standards ofeffective management all relevant components including the Criminal Division relevant United States Attorneys' offices and the Office oflntelligence Policy and Review must be fully informed about the nature scope and conduct ofnational security investigations and other activities under these Guidelines The Attorney General can most effectively direct and control such investigations and activities only if all relevant Department of Justice components are able to offer advice and recommendations both strategic and tactical about their conduct and goals The ove1Tiding need to protect the United States and its people from terrorism and other threats to the national security requires a full and free exchange ofinfonnation and ideas U I GENERAL AUTHORJTIES AND PRINCIPLES U A GENERAL AUTHORITIES U 1 The FBI is authorized to conduct investigations to obtain information concerning or to protect against threats to the national security including investigations ofcrimes involved in or related to threats to the national security as provided in Parts II and V of these Guidelines Threats to the national security are a International terr01ism b Espionage and other intelligence activities sabotage or assassination conducted by for or on behalfofforeign powers organizations or persons c Foreign computer intrusions d Other matters as determined by the Attorney General consistent with Executive Order 12333 or a successor order U B 2 The FBI is authorized to assist state local and foreign governments as provided in Part III of these Guidelines U 3 The FBI is authorized to collect foreign intelligence and to assist federal intelligence agencies as provided in Part IV of these Guidelines U 4 The FBI is authorized to conduct strategic analysis as provided in Part VI of these Guidelines U 5 The FBI is authorized to retain and disseminate information collected pursuant to these Guidelines as provided in Part VII of these Guidelines U USE OF AUTHORITIES AND METHODS U 1 Protection ofN ational Security U The FBI shall fully utilize the authorities provided and the methods authorized by these Guidelines to protect the national security of the United States U 2 Choice ofMethods U The conduct ofinvestigations and other activities authorized by these Guidelines may present choices between the use ofinfom1ation collection methods that are more or less intmsive considering such factors as the effect on the privacy ofindividuals and potential damage to reputation As Executive Order 12333 § 2 4 provides the least intrusive collection techniques feasible are to be used in such situations It is recognized however that the choice oftechniques is a matter ofjudgment The FBI shall not hesitate to use any lawful techniques consistent with these Guidelines even if intrusive where the degree ofintmsiveness is warranted in light ofthe seriousness ofa threat to the national security or the strength of the information indicating its existence This point is to be particularly observed in investigations relating to terrorism U 3 Respect for Legal Rights U These Guidelines do not authorize investigating or maintaining information on United IEc MOFORN States persons solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States Rather all activities under these Guidelines must have a valid purpose consistent with these Guidelines and must be carried out in conformity with the Constitution and all applicable statutes executive orders Department ofJustice regulations and policies and Attorney General guidelines U 4 5 Relationship to Other Guidelines and Authorities U a The authority to conduct national security investigations and other activities under these Guidelines supplements and does not supplant or limit the authority to carry out investigations and other activities under other Attorney General guidelines or pursuant to other lawful authorities of the FBI These Guidelines accordingly do not limit other authorized law enforcement activities of the FBI such as those authorized by the Attorney General's Guidelines on General Crimes Racketeering Enterprise and Terrorism Enterprise Investigations U b National secmity investigations and other activities under these Guidelines shall be carried out in conformity with all applicable Executive Branch directives and policies including Intelligence Community directives and policies relating to coordination of intelligence activities information sharing or other matters U Maintenance of Records under the Privacy Act U Under the Privacy Act the permissibility of maintaining records relating to certain activities of individuals who are United States persons depends in part on whether the collection of such infonnation is pertinent to and within the scope ofan authorized law enforcement activity 5 U S C 552a e 7 By its terms the limitation of5 U S C 552a e 7 is inapplicable to activities that do not involve the maintaining ofrecords within the meaning of the Privacy Act or that occur pertinent to and within the scope of an authorized law enforcement activity Activities authorized by these Guidelines are authorized law enforcement activities for purposes of the Privacy Act As noted in paragraph 4 above these Guidelines do not provide an exhaustive enumeration of authorized law enforcement activities Questions about the application ofthe Privacy Act to other activities should be addressed to the FBI Office of the General Counsel or the Department of Justice Office oflnfonnation and Privacy U C DETERMINATION OF UNITED STATES PERSON STATUS U In some contexts these Guidelines provide different standards or rules depending on whether investigations or other activities relate to a United States person or to a non-United States person This Subpart shall be applied in determining whether an individual group or organization is a United States person U l Meaning of United States Person U A United States person is a an individual who is a United States citizen or an alien lawfully admitted for pennanent residence b an unincorporated association substantially composed of individuals who are United States persons or c a corporation incorporated in the United States Notwithstanding the foregoing a foreign power as defined in Part VIII L 1 -3 of these Guidelines is never to be considered a United States person including any foreign government or component thereof any faction ofa foreign nation or nations not substantially composed of individuals who are United States persons or any entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments U 2 c 3 Determination Whether Certain Groups are Substantially Composed of United States Persons U In determining whether a group or organization in the United States that is affiliated with a foreign-based international organization is substantially composed ofUnited States persons the relationship between the two shall be considered If the U S -based group or organization operates directly under the control of the international organization and has no independent program or activities in the United States the membership ofthe entire international organization shall be considered in determining if it is substantially composed ofUnited States persons If however the U S -based group or organization has programs or activities separate from or in addition to those directed by the international organization only its membership in the United States shall be considered in detennining whether it is substantially composed ofUnited States persons U D NATURE AND APPLICATION OF THE GUIDELINES U 1 Status as Internal Guidance U These Guidelines are set forth solely for the purpose of internal Department ofJustice guidance They are not intended to do not and may not be relied upon to create any rights substantive or procedural enforceable by law by any party in any matter civil or criminal nor do they place any limitation on otherwise lawful investigative and litigative prerogatives of the Department ofJustice U 2 Departures from the Guidelines U Departures from these Guidelines must be approved by the Attorney General the Deputy Attorney General or an official designated by the Attorney General Ifa departure from these Guidelines is necessary without such prior approval because of the immediacy or gravity ofa threat to the national security or to the safety of persons or property and the need to take immediate action to protect against such a threat the Attorney General the Deputy Attorney General or an official designated by the Attorney General shall be notified as soon thereafter as practicable The FBI shall provide timely written notice of departures from these Guidelines to the Office of Intelligence Policy and Review Notwithstanding this paragraph all activities in all circumstances must be can-ied out in a manner consistent with the Constitution and laws ofthe United States U 3 Interpretation U All significant new legal questions as to the coverage and interpretation of these guidelines will be resolved initially by the Office oflntelligence Policy and Review and reviewed by the Deputy Attorney General or Attorney General as appropriate U II NATIONAL SECURITY INVESTIGATIONS U The levels of investigative activity in national security investigations are 1 threat assessments 2 preliminary investigations and 3 full investigations Ifthc available infonnation shows at any point that the threshold standard for a preliminary investigation or full investigation is satisfied then that level ofinvestigative activity may be initiated immediately without progressing through more limited investigative stages U The scope ofauthorized activities under this Par is not limited to investigation in a nan-ow sense such as solving particular cases or obtaining evidence for use in particular criminal prosecutions Rather these activities also provide critical infonnation needed for broader analy1ic and intelligence purposes authorized by Executive Order 12333 and these Guidelines to protect the national secmity such as strategic analysis under Part VI dissemination ofinformation to other agencies in the Intelligence Conununity under Part Vll B and dissemination ofinfonnation to appropriate White House officials under Part VII B Infom1ation obtained at all stages of investigative activity- threat assessments preliminary investigations and full investigations - is accordingly to be retained and disseminated for these purposes as provided in these Guidelines or in FBI policy consistent with these 11 IEcaMOFORN Guidelines regardless of whether it furthers investigative objectives in a nanower or more immediate sense U A THREAT ASSESSMENTS U The FBI may without opening a preliminaty or full investigation engage in the following activities to investigate or collect infonnation relating to threats to the national security including information on individuals groups and organizations of possible investigative interest and information concerning possible targets ofinternational tenorism espionage foreign computer intrusion or other threats to the national security l U I Obtain publicly available information 2 Access and examine FBI and other Depaitment ofJustice records and obtain information from any FBI or other Department of Justice personnel U 3 Check records maintained bhand request information from other federal state and local government entities I U 4 Use online services and resources whether non-profit or commercial U 5 Interview previously established assets informants and cooperating witnesses not including new tasking of such persons u 6 Interview or request information froig rmhers ofthe public and private entities other than pretext interviews or requests U 7 Accept information voluntarily provided by governmental or private entities ¢ U The foregoing methods may also be used without opening a preliminary or full investigation to identify potential assets or to collect infonnation to maintain the cover or credibility ofan asset or employee in connection with activities related to a threat to the national security U ¢ 12 SEC FORN B COMMON PROVISIONS FOR PRELIMINARY AND FULL INVESTIGATIONS U 1 Circumstances for Opening an Investigation U The circumstances on which the initiation of a preliminary investigation or full investigation may be based are a An indixa I is or may be an international terrorist or an agent ofa foreign power U b A group or oroanization is or may be a foreign power or an agent ofa foreign power U C c d An individual group or organization is or may be engaging or has or may have engaged in activities constituting a threat to the national security or relatfrl preparatory or support activities for or on behalfofa foreign power U k e A crime involved in or related to a threat to the national security has or may have occurred is or may be occurring or will or may occur U f An individual group or organization is or may be the target ofa recruitment or infiltration effort by an international terrorist foreign power or agent ofa foreion uower under circumstances related to a threat to the national security U g ii An individual group organization entity information property or activity is or may be a target of international terrorism espionage fnreign computer intrusion or other threat to the national security U jC 2 Authorization and Notice U a An FBI field office or FBI Headquarters may initiate a preliminary or full investigation A field office shall notify FBI Headquarters within ten working days of the initiation by the field office of a preliminary or full investigation The notice of initiation ofa preliminary or full investigation whether the investigation is initiated by a field office or FBI Headquarters shall identify the grounds for the investigation and describe any pertinent sensitive national security matter s U 3 b FBI Headquarters shall provide the notice of the initiation ofa preliminary or full investigation to the Office oflntelligence Policy and Review and to the Criminal Division and the Office oflntelligence Policy and Review shall notify the Attorney General and the Deputy Attorney General The notice shall be provided to the Office oflntelligence Policy and Review and the Criminal Division within ten working days ofreceipt of the notice from a field office by FBI Headquarters or initiation ofthe investigation by FBI headquarters The FBI shall also provide the notice ofinitiation to any relevant United States Attorney's office subject to authorization by the Criminal Division in an espionage case Exceptions may be adopted to the requirements of this subparagraph as provided in Pm1 VII B 2 d U c The FBI shall notify the Deputy Attorney General ifFBI Headquarters disapproves a field office's initiation of a preliminary or full investigation U Investigations of Groups and Organizations U a Preliminary and full investigations of groups and organizations shou d U son activities related to threats to the national security not on unrelated Firs Amendment activities Any info1mation concerning a group or organization that is relevant to the investigation ofa threat to the national security may be sought including information on any relationship of the group or organization to a foreign power the identity ofits members employees or other persons who may be acting in furtherance of its objectives its finances its oe0graphical dimensions and its past and future activities and goals U b In the course ofa preliminary or full investigation ofa group or organization it may appear that investigation ofan individual or individuals within or associated with the group or organization is warranted beyond the investigation of the individual's activities related to the group or organization as part ofthe investigation of the group or organization A preliminary or full investigation of such an individual may be initiated whenever the requirements for initiating a 14 SEC ORN sEc-o oFORN preliminary or full investigation ofan individual are satisfied C U PRELIMINARY INVESTIGATIONS U 1 Initiation U A field office or FBI Headquarters may initiate a preliminary investigation a when there is information or an allegation indicating the existence ofa circumstance described in Pati 11 B l of these Guidelines in order to determine whether the basis exists for a full investigation or b in order to identify potential assets to dete1mine the suitability or credibility of an individual as an asset or to collect information to maintain the cover or credibility ofan asset or employee in connection with activities related to a threat to the national security U C 2 Approval Levels U A preliminary investigation initiated by a field office must be approved by the Special Agent in Charge if the investigation involves a sensitive national security matter Other preliminary investigations may be approved by the Special Agent in Charge or as authorized by the Special Agent in Charge by an Assistant Special Agent in t'hsrge or squad supervisor with responsibility for national secmity investigations U 3 Authorized techniques U All lawful investigative techniques may be used in preliminary investigations including the techniques listed in Part V of these Guidelines other than the techniques described in Paii V 17 -18 mail opening physical search or electronic surveillance requiring judicial order or warrant U ¢ 4 Duration U Preliminary investigations shall be completed within six months ofthe date of initiation In a preliminary investigation initiated by a field office the Special Agent in Charge or as authorized by the Special Agent in Charge an Assistant Special Agent in Charge 15 SEC ORN SEC ORN responsible for he investigation may authorize an extension for an additional six-month period ifwarranted by facts or information obtained in the course ofthe investigation An extension of a preliminary investigation beyond the initial one-year period requires FBI Headquaiiers approval and may be granted in six-month increments All extensions shall be in writing and include the reason for the extension IfFBI Headqua1ters approves an extension of a preliminary investigation beyond the initial one-year period the FBI shall notify the Office oflntelligence Policy and Review and provide to the Office oflntelligence Policy and Review the extension statement as described in the precedinga' n° within ten working days ofthe transmittal ofthe approval to a field office ' U 0 D FULL INVESTIGATIONS U I Initiation U FBI Headquarters or a field office may initiate a full investigation if there are specific and articulable facts that give reason to believe that a circumstance described in Part ILE I of these Guidelines exists U M 2 Approval Levels U A full investigation initiated by a field office must be approved by the Special Agent in Charge if the investigation involves a sensitive national security matter A full investigation ofa foreign official or visitor from a threat country may be approved by the Special Agent in Charge or as authorized by the Special Agent in Charge by an Assistant Special Agent in Charge or squad supervisor with responsibility for national security investigations All other full investigations may be approved by the Special Agent in Charge or as authorized by the Special Agent in Charge by an Assistant Special Agent in Charge with responsibility for national security investigations U M 3 Authorized techniques U All lawful investigative techniques may be used in full investigations including the techniques listed in Part V of these Guidelines U 16 sEc-o o oRN SEC OFORN 4 Reports U In addition to the notice concerning the initiation of investigations required under Part 11 B 2 of these Guidelines the FBI shall notify the Office oflntelligence Policy and Review and the Criminal Division at the end ofeach year a full investigation continues and shall prepare and provide to the Office oflntelligence Policy and Review and the Criminal Division at that time a summary of the investigation that includes the infonnation described in Part VII A 2 of these Guidelines as it relates to the investigation The FBI shall also provide the summary to any relevant United States Attorney's office subject to authorization by the Criminal Division in an espionage case The Office oflntelligence Policy and Review shall notify the Attorney General and the Deputy Attorney General concerning full investigations that continue a year or more and the armual summaries in such investigations Exceptions may be adopted to the requirements of this paragraph as provided in Part VII B 2 d U E EXTRATERRITORJAL OPERATIONS U I 2 17 SEC FORN 3 III INVESTIGATIVE ASSISTANCE TO STATE LOCAL AND FOREIGN GOVERNMENTS A STATE AND LOCAL GOVERNMENTS U The FBI may assist state and local governments in investigations relating to threats to the national secwity U B FOREIGN GOVERNMENTS U 1 2 The FBI may conduct background inquiries concerning consenting individuals when requested by foreign governments or agencies U SEC«OFORN 3 The FBI may not provide assistance to foreign law enforcement intelligence or security officers conducting investigations within the United States unless such officers have provided prior notification to the Department of State as required by 18 U S C 951 U 4 The FBI may provide other material and technical assistance to foreign governments to the extent not othe1wise prohibited by law U IV FOREIGN INTELLIGENCE COLLECTION AND ASSISTANCE TO INTELLIGENCE AGENCIES U A FOREIGN INTELLIGENCE COLLECTION U 1 The FBI may collect foreign intelligence in response to requirements of topical interest published by an entity authorized by the Director of Central Intelligence to establish such requirements including but not limited to the National HUMINT Requirements Tasking Center When approved by the Attorney General the Deputy Attorney General or an official designated by the Attorney General the FBI may collect other foreign intelligence in response to tasking specifically levied on the FBI by an official of the Intelligence Community designated by the President Upon a request by an official of the Intelligence Community designated by the President the FBI may also collect foreign intelligence to clarify or complete foreign intelligence previously disseminated by the FBI Copies of such requests shall be provided to the Office oflntelligencc Policy and Review U sEC j CoFORN 2 The FBI may also collect foreign intelligence if consistent with Executive Order 12333 or a successor order as directed by the Attorney General the Deputy Attorney General or an official designated by the Attorney General U 3 B C OPERATIONAL SUPPORT U l When approved by the Attorney General the Deputy Attorney General or an official designated by the Attorney General the FBI may provide operational support to authorized intelligence activities of other entities of the Intelligence Community upon a request made or confirmed in writing by an official ofthe Intelligence Community designated by the President The request shall describe the type and duration of support required the reasons why the FBI is being requested to furnish the assistance and the techniques that are expected to be utilized and shall certify that such assistance is necessary to an authorized activity of the requesting entity U 2 The support may include techniques set forth in the approved request and with the approval ofFBI Headqua1ters any other technique that does not substantially alter the character of the support The FBI shall promptly notify the Office oflntelligence Policy and Review of the utilization ofany such additional techniques U 3 The FBI may recruit new assets to obtain information or services needed to furnish the requested support subject to the same standards and procedures applicable to other FBI assets U CENTRAL INTELLIGENCE AGENCY AND DEPARTMENT OF DEFENSE ACTIVITIES WITHIN THE UNITED STATES U I SEC OFORN 2 V INVESTIGATIVE TECHNIQUES U Authorized investigative techniques under these Guidelines include but are not limited to M I The techniques authorized in threat assessments under Part II A 2 Interviews and pretext interviews of the subject ofan investigation and other persons U M U 3 Tasking of previously established assets informants and cooperating witnesses and recruitment ofnew assets infonnants and cooperating witnesses U 4 Inquiry of foreign law enforcement intelligence or securi _ g-e ncie s and operations outside of the United States in conformity with Part ILE U 5 M 6 Mail covers 7 Physical photographic and video surveillance where such surveillance docs not require unconsented entry including use of such surveillance to identify an individual in U 21 SEcaMOFORN IEC--OFORN contact with the subject ofa preliminary or full investigation 8 ¢ U Physical searches of personal or real property where a warrant or court order is not legally required because there is no reasonable expectation ofprivacy e g trash covers U k 9 Use of closed circuit television direction finders and other monitoring devices subject to legal review by the Chief Division Counsel or the FBI Office of the General Counsel The methods described in this paragraph usually do not require court orders or warrants unless they involve physical trespass or non-consensual monitoring of communications but le ' ' ••view is necessary to ensure compliance with all applicable legal requirements U k 10 Consensual monitoring of communications including consensual computer monitoring subject to l review by the ChlefDivision Counsel or the FBI Office ofthe General Counsel U l l Polygraph examinations i' U 12 Use ofNational Security Letters in conformity with 15 U S C 1681 u or 1681 v relating to consumer info1mation 18 U S C 2709 relating to subsc1iber information toll billing records and electronic communication transactional records 12 U S C 3414 a 5 A relating to financial records or 50 U S C 436 relatin fin '1cial consumer and travel records ofcertain executive branch employees lllij U 13 Accessing stored wire and electronic communications and transactional records in confonnity with chapter 121 oftitle 18 United States Code 18 U S C 2701-2712 k U 14 Use ofpen registers and trap and trace devices in conformity with FISA 50 U S C 1841-1 R46 or chapter 206 of title 18 United States Code I 8 U S C 3121-3127 U 15 Obtaining business rec01· fo '1d other tangible things in confonnity with FISA 50 U S C 1861-1863 U 16 Use of grand jury subpoenas and other subpoenas as authorized by law CtU 0 22 IEC FORN 17 Electronic surveillance in conformity with chapter 119 of title 18 United States Code 18 u s r 0 ' 10-2522 FISA 50U S C 1801-1811 orExecutive Order 12333 § 2 5 U 18 VI STRATEGIC ANALYSIS U The FBI may examine and analyze information in its possession in order to produce and disseminate foreign intelligence and counterintelligence The FBI may draw on information from any source permitted by law in carrying out this function including any information it has collected or obtained through investigative activities or other activities pursuant to these Guidelines The FBI may also engage in the activities authmized in tlu·eat assessments under Part II A to supplement information that is otherwise in its possession for the purpose ofearrying out analysis and producing and disseminating foreign intelligence and counterintelligence under this Part U VII RETENTION AND DISSEMINATION OF INFORMATION U A INFORMATION SYSTEMS AND DATABASES U I The FBI shall retain records relating to preliminary and full investigations foreign intelligence collection and support activities and other activities under these Guidelines in accordance with a records retention plan approved by the National Archives and Records Administration All such records shall be available for review upon request by the Office of ntelligence Policy and Review including all information in the database or records system described in paragraph 2 U 2 The FBI shall maintain a database or records system that permits the prompt retrieval ofthe following information a The identity and status of each preliminary or full investigation open or closed the dates ofopening and closing the predication for the inves6Patinn and whether the investigation involves a United States person U C 23 SE FORN SEc-MoFORN b The number ofprelimina1y investigations the number ofpreliminary investigations involving United States persons the number of preliminary investigations involving United States persons in which an extension has been granted and lhgj - r ofpreliminaiy investigations that resulted in a full investigation U C The number of full inv ''n'ls and the number of such investigations involving United States persons U d The identity of each full investigation of a group in the United States substantially composed ofUnited States persons that is acting for or on behalf ofan international terrorist organization If such an investigation continues a year or more the annual summary or summaries for the investigation shall include an assessment of the extent to which members of the group are aware of the terrorist aims of the international organization U j e B The number ofrequests for assistance received from foreign law enforcement intelligence or security agencies involving United States persons and infonnation on the nature ofeach such renne st and whether the requested assistance was furnished or declined U INFORMATION SHARING U Legal rules and Department of Justice policies regarding infonnation sharing and interagency coordination have been significantly modified since the September 11 2001 terrorist attack by statutmy reforms and new Attorney General guidelines The general principle reflected in cmTent laws and policies is that information should be shared as consistently and fully as possible among agencies with relevant responsibilities to protect the United States and its people from terrorism and other threats to the national security except as limited by specific constraints on such sharing Under this general principle the FBI shall provide infonnation expeditiously to other agencies in the Intelligence Conununity so that these agencies can take action in a timely maru1er to protect the national security in accordance with their lawful functions This Subpart provides standards and procedures for the sharing and dissemination ofinfonnation obtained in national security investigations foreign intelligence collection and other activities under these Guidelines U 24 SEC--OFORN 1 2 General U a lnforn ation may be disseminated with the consent of the person whom the information concerns or where necessary to protect life or property from threatened force or violence otherwise necessary for the safety or security of persons or property or for the prevention ofcrime or necessary to obtain information for the conduct ofa lawful investigation by the FBI U b Information that is publicly available or does not identify United States persons may be disseminated for any lawful purpose U c Dissemination ofinformation provided to the FBI by other Intelligence Community agencies is subject to applicable agreements and understandings with such agencies concerning the dissemination of such information U Department of Justice U a The FBl may share information obtained through activities under these Guidelines with other components of the Department ofJustice U b The Criminal Division and the Office oflntel igence Policy and Review shall have access to all information obtained through activities under these Guidelines except as limited by orders issued by the Foreign Intelligence Surveillance Court controls imposed by the originators of sensitive material or restrictions established by the Attorney General or the Deputy Attorney General in particular cases U c The FBI shall keep the Criminal Division and the Office oflntelligence Policy and Review apprised of all information obtained through activities under these Guidelines that is necessary to the ability of the United States to investigate or protect against threats to the national security subject to the limits noted in subparagraph b The FBI shall also keep the Ciiminal Division and the Office oflntelligence Policy and Review apprised of infonnation concerning any crime which is obtained through activities under these Guidelines U d As pa1i of its responsibility under subparagraphs b and c the FBI shall provide to the Criminal Division and the Office oflntelligence Policy and 25 IE OFORN SEc-MoFORN Review notices ofthe initiation of investigations and annual notices and summaries as provided in Part ll B 2 and D 4 ofthese Guidelines and shall make available to the Criminal Division and the Office oflntelligence Policy and Review relevant information from investigative files The Criminal Division shall adhere to any reasonable conditions on the storage and disclosure of such documents and information that the FBI and the Office oflntelligence Policy and Review may require The FBI and the Criminal Division may adopt by mutual agreement exceptions to the provision of notices of the initiation of investigations and annual notices and summaries to the Criminal Division and the FBI and the Office oflntelligence Policy and Review may adopt by mutual agreement exceptions to the provision ofnotices ofinitiation of investigations and annual notices and summaries to the Office oflntelligence and Policy Review U e The FBI the Criminal Division and the Office oflntelligence Policy and Review shall consult with each other concerning national security investigations and other activities under these Guidelines and shall meet regularly to conduct such consultations Consultations may also be conducted directly between two or more components at any time Consultations may include the exchange of advice and information on all issues necessary to the ability ofthe United States to investigate or protect against threats to the national security including protection against such threats through criminal investigation and prosecution Consultations are subject to any limitations in orders of the Foreign Intelligence Surveillance Court and restrictions established by the Attorney General or the Deputy Attorney General in particular cases Disagreements arising from consultations may be presented to the Deputy Attorney General or the Attorney General for resolution U f Subject to subparagraphs g and h relevant United States Attorneys' offices shall receive information and engage in consultations to the same extent as the Criminal Division Thus the relevant United States Attorneys' offices shall have access to information shall be kept apprised ofinformation necessary to protect national security shall be kept apprised of infonnation concerning crimes shall receive notices ofthe initiation of investigations and annual sununaries as provided in Part II B 2 and D 4 of these Guidelines and shall have access to FBI files to the same extent as the Criminal Division The relevant United States Attorneys' offices shall receive such access and 26 SE OFORN information from the FBI field offices The relevant United States Attorneys' offices also may and shall engage in regular consultations with the FBI and the Office oflntelligence Policy and Review to the same extent as the Criminal Division U 3 g In espionage cases dissemination ofinfonnation to United States Attorneys' offices and consultations between the FBI and United States Attorneys' offices arc subject to authorization by the Criminal Division In an emergency the FBI may disseminate infonmation to and consult with a United States Attorney's office concerning an espionage investigation without the approval of the Criminal Division but shall notify the Criminal Division as soon as possible thereafter U h Infonnation disseminated to a United States Attorney's office pursuant to subparagraph f shall be disseminated only to the United States Attorney and or any Assistant United States Attorneys designated to the Department of Justice by the United States Attorney as points ofcontact to receive such information The United States Attorneys and designated Assistant United States Attorneys shall have appropriate security clearances and shall receive training in the handling ofclassified information and information derived from FISA including training concerning restrictions on the use and dissemination of such infonnation U Intelligence Community Federal Law Enforcement Agencies and Department of Homeland Security U a The FBI shall cany out the requirements of the Memorandum of Understanding Between the Intelligence Community Federal Law Enforcement Agencies and the Department ofHomeland Security Concerning Information Sharing Memorandum of Understanding signed by the Attorney General on March 4 2003 As provided in the Memorandum ofUnderstanding and subject to its provisions these requirements include timely sharing by the FBI of covered information with other covered entities having a need-to-know based on a broad interpretation ofthe missions ofthe prospective recipients As used in this paragraph 1 'covered entity' has the same meaning as in the Memorandum of SEC OFORN Understanding including any element ofthe Department ofHomeland Security and that Department itself any element of the Intelligence Community including the Central Intelligence Agency and the Terrorist Threat Integration Center or of the Depa1tment of Justice and any other entity having federal law enforcement responsibilities b 2 'covered information' has the san1e meaning as in the Memorandum of Understanding including terrorism information weapons of mass destruction information and vulnerabilities information as well as analyses based wholly or in part on such covered info1111ation 3 'need-to-know ' 'infrastructure ' 'terrorism information ' 'vulnerabilities information ' and 'weapons of mass destruction information' have the same meanings as in the Memorandum of Understanding and 4 'limely sharing' of covered information means provision by the FBI of covered information subject to section 3 h and other provisions of the Memorandum ofUnderstanding to other covered entities having a need-to-know i immediately where the FBI reasonably believes that the information relates to a potential terrorism or weapons of mass destruction threat to the United States Homeland its infrastructure or to United States persons or interests and ii as expeditiously as possible with respect to other covered information U All procedures guidelines and mechanisms under the Memorandum of Understanding shall be designed and implemented and all determinations with regard to sharing information covered by the Memorandum ofUnderstanding shall be made with the understood overriding priority of preventing preempting and disrupting terrorist threats to the United States In some cases this priority will dictate the provision ofinformation even where doing so may affect criminal prosecutions or ongoing law enforcement or intelligence operations However consistent with this overriding priority the FBI shall act in a manner to protect to the greatest extent possible these other significant interests including the protection ofinte ligence and sensitive law enforcement sources and methods other classified information and sensitive operational and prosecutorial information U 28 SEC OFORN FORN c 4 To the greatest extent possible information should be shared among covered entities with relevant missions and responsibilities and there should be transparency among them with regard to their activities to preempt prevent and disrupt terrorist attacks against United States persons and interests Except as otherwise specified in the Memorandum ofUnderstanding or mandated by relevant federal statutes or Presidential Directives procedures and mechanisms for information sharing use and handling shall be interpreted and implemented consistently and reciprocally regardless of the role a particular entity plays as a provider or recipient of covered information lJ Federal Authorities U The FBI may disseminate information obtained through activities under these Guidelines to other federal authorities when 5 a the information relates to a crime or other violation oflaw or regulation which falls within the recipient's investigative jurisdiction or the information otherwise relates to the recipient's authorized responsibilities b the recipient is a component of the Intelligence Community and the information is provided to allow the recipient to detennine whether the infonnation is relevant to its responsibilities and can be retained or used c the information is required to be furnished to another federal agency by Executive Order l 0450 or its successor or d the information is required to be disseminated by statute Presidential directive National Security Council directive Attorney General directive or interagency agreement approved by the Attorney General U State and Local Authorities U The FBI may disseminate information obtained through activities under these Guidelines to state and local authorities when a the information relates to a crime or other violation oflaw or regulation which falls within the recipient'sjurisdiction and the dissemination is consistent with 29 SEC«OFORN 8EC OFORN national security 6 b the dissemination is for the purpose of preventing or responding to a threat to the national security or to public safety including a threat to the life health or safety of any individual or community or c the information is required to be disseminated by statute Presidential directive National Security Council directive Attorney General directive or intergovernmental agreement approved by the Attorney General U Foreign Authorities U a b 7 The FBI may disseminate information obtained through activities under these Guidelines to foreign authorities when I the dissemination of the information is in the interest of the national security of the United States or the information is relevant to the recipient's authorized responsibilities and its dissemination is consistent with the national security interests of the United States and the FBI has considered the effect such dissemination may reasonably be expected to have on any identifiable United States person or 2 the information is required to be disseminated by statute or treaty Presidential directive or executive agreement National Security Council directive or Attorney General directive U Dissemination to foreign authorities having significant implications for foreign relations shall be coordinated with the Department of State U Congressional Committees U Except for briefings and testimony on matters of general intelligence interest information obtained through activities under these Guidelines may be disseminated to appropriate congressional committees when authorized by the Attorney General the Deputy Attorney General or an official designated by the Attorney General Any agency requesting or involved in the collection ofthe information shall be consulted prior to such dissemination A request for United States person information that has been 30 SEc-MOFORN withheld from dissemination under this paragraph shall be referred to the Attorney General the Deputy Attorney General or an official designated by the Attorney General for resolution U 8 White House U In order to carry out their responsibilities the President the Vice President the Assistant to the President for National Security Affairs the Assistant to the President for Homeland Security Affairs the National Security Council and its staff the Homeland Security Council and its staff and other White House officials and offices require information from all federal agencies including foreign intelligence and infonnation relating to international terrorism and other threats to the national security The FBI accordingly may disseminate information obtained through activities under these Guidelines to the White House subject to the following standards and procedures U a Requests to the FBI for such information from the White House shall be made through the National Security Council staff or Homeland Secmity Council staff including but not limited to the National Security Council Legal and Intelligence Directorates and Office of Combating Terrorism U b Compromising information concerning domestic officials or political organizations or information concerning activities ofUnited States persons intended to affect the political process in the United States may be disseminated to the White House only with the approval of the Attorney General based on a detennination that such dissemination is needed for foreign intelligence purposes for the purpose of protecting against international te1Torism or other threats to the national security or for the conduct of foreign affairs However such approval is not required for dissemination to the White House ofinformation concerning efforts of foreign intelligence services to penetrate the White House or concerning contacts by White House personnel with foreign intelligence service personnel U c Examples of types ofinfom1atio11 that are suitable for dissemination to the White House on a routine basis include but are not limited to 1 information concerning international terrorism 31 SEC OFORN SEc«OFORN d 2 information concerning activities of foreign intelligence services in the United States 3 information indicative ofimminent hostilities involving any foreign power 4 infonnation concerning potential cyber threats to the United States or its allies 5 information indicative of policy positions adopted by foreign officials governments or powers or their reactions to United States foreign policy initiatives 6 information relating to possible changes in leadership positions of foreign governments parties factions or powers 7 information concerning foreign economic or foreign political matters that might have national security ramifications and 8 information set forth in regularly published national intelligence requirements U The limitations on dissemination ofinfonnation by the FBI to the White House under these Guidelines do not apply to dissemination to the White House of information acquired in the course ofan FBI investigation requested by the White House into the background ofa potential employee or appointee or responses to requests from the White House under Executive Order 10450 U C SPECIAL STATUTORY REQUIREMENTS U 1 Dissemination ofinfonnation acquired under the Foreign Intelligence Surveillance Act is subject to minimization procedures approved by the Foreign Intelligence Surveillance Court and other requirements specified in that Act U 2 Information obtained through the use ofNational Security Letters under 15 U S C 1681 v may be disseminated in conformity with the general standards of this Part 32 SEcit40 oRN SEC OFORN Infonnation obtained through the use ofNational Security Letters under other statutes may be disseminated in conformity with the general standards of this Part subject to any applicable limitations in their governing statutory provisions 12 U S C 3414 a 5 B 15 U S C 168 u f 18 U S C 2709 d 50 U S C 436 e U VIII DEFINITIONS U A AGENT OF A FOREIGN POWER I 2 any person who is not a United States person and who a acts in the United States as an officer or employee ofa foreign power or as a member of a group engaged in international ten-orisrn or activities in preparation therefor or b acts for or on behalfofa foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States when the circumstances of such person's presence in the United States indicate that such person may engage in such activities in the United States or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities or any person who a knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power which activities involve or may involve a violation ofthe criminal statutes ofthe United States b pursuant lo the direction of an intelligence service ornetwork ofa foreign power knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power which activities involve or are about to involve a violation ofthe criminal statutes ofthe United States c knowingly engages in sabotage or international ten-orism or activities that are in preparation therefor for or on behalfofa foreign power d knowingly enters the United States under a false or fraudulent identity for or on 33 SEC OFORN behalfof a foreign power or while in the United States knowingly assumes a false or fraudulent identity for or on behalf of a foreign power or e knowingly aids or abets any person in the conduct of activities described in subparagraph a b or c or knowingly conspires with any person to engage in such activities U B CONSENSUAL MONITORING OF COMMUNICATIONS monitoring oforal wire or electronic communications for which a court order or wainnt is not legally required because of the consent ofa party to the communication U C COUNTERINTELLIGENCE information gathered and activities conducted to protect against espionage or other intelligence activities sabotage or assassinations conducted by for or on behalfofforeign powers organizations or persons or international terrorist activities but not including personnel physical document or communications security programs U D CRJME INVOLVED IN OR RELATED TO A THREAT TO THE NATIONAL SECURJTY both crimes directly involved in activities constituting a threat to the national security and crimes that are preparatory for or facilitate or support such activities For example ifintemational terrorists engage in a bank robbery in order to finance their terrorist activities the bank robbery is a crime involved in or related to a threat to the national security U E F G FOR OR ON BEHALF OF A FOREIGN POWER the determination that activities are for or on behalfof a foreign power shall be based on consideration ofthe extent to which the foreign power is involved in 1 control or policy direction 2 financial or material support or 3 leadership assignments or discipline U FOREIGN COMPUTER INTRUSION the use or attempted use of any cyber-activity or other means by for or on behalfofa foreign power to scan probe or gain unauthorized access into 34 SECitMOFORN one or more U S -based computers U H FOREIGN CONSULAR ESTABLISHMENT the buildings or parts ofbuildings and the land ancillary thereto iJTespective ofownership used exclusively by a foreign government for the purposes ofa consular post U I FOREIGN DIPLOMATIC ESTABLISHMENT the buildings or parts ofbuildings and the land ancillary thereto iJTespective ofownership used by a foreign government for the purposes ofa diplomatic mission such as an embassy or other premises and including the residence ofthe head ofthe mission premises of international organizations as defined by 22 U S C 288 premises of establishments authorized to be treated as international organizations or diplomatic missions by specific statute e g 22 U S C 288f-l to 288h and the premises of establishments of foreign representatives to such intenmtional organizations U J FOREIGN INTELLIGENCE information relating to the capabilities intentions or activities of foreign powers organizations or persons or international tetTotist activities U K FOREIGN OFFICIAL a foreign national in the United States who is acting in an official capacity for a foreign power attached to a foreign diplomatic establishment foreign consular establishment or other establislunent under the control ofa foreign power or employed by an international organization or other organization established under an agreement to which the United States is a pai1y U L FOREIGN POWER 1 a foreign govenunent or any component thereof whether or not recognized by the United States 2 a faction of a foreign nation or nations not substantially composed ofUnited States person 3 an entity that is openly acknowledged by a foreign govenunent or governments to be directed and controlled by such foreign govenunent or government 4 a group engaged in international terrorism or activities in preparation therefor 5 a foreign-based political organization not substantially composed ofUnited States SEC«OFORN person or 6 an entity that is directed or controlled by a foreign government or governments U M FOREIGN VISITOR a foreign national in the United States who is not a permanent resident alien ofthe United States U N INTELLIGENCE ACTIVITIES any activity conducted for intelligence purposes or to affect political or governmental processes by for or on behalfofa foreign power U 0 INTERNATIONAL TERRORJSM Activities that I involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State or that would be a criminal violation if conm1itted within the jurisdiction of the United States or any State 2 appear to be intended 3 A to intimidate or coerce a civilian population B to influence the policy of a government by intimidation or coercion C to affect the conduct of a govenunent by assassination or kidnapping and occm totally outside the United States or transcend national boundaries in tern1s of the means by which they are accomplished the persons they appear to be intended to coerce or intimidate or the locale in which their perpetrators operate or seek asylwn U P INTERNATIONAL TERRORJST an individual or group that knowingly engages in international terrnrism or activities in preparation therefor or knowingly aids abets or conspires with any person engaged in such activities U Q NATIONAL SECURJTY INVESTJGATION a counterintelligence investigation pursuant to Parl II of these Guidelines conducted to obtain information concerning or to protect against a FORN threat to the national security as defined in Part I A 1 U R PHYSICAL SEARCH any physical intrusion within the United States into premises or property including examination ofthe interior of property by technical means that is intended to result in the seizure reproduction inspection or alteration of information material or prope1iy under circumstances in which a person has a reasonable expectation ofprivacy and a warrant would be required for law enforcement purposes but does not include 1 electronic surveillance as defined in FISA or 2 the acquisition by the United States Government of foreign intelligence information from international foreign communications or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system utilizing a means other than electronic surveillance as defined in FISA U S PUBLICLY AV AJLABLE information that has been published or broadcast for public consumption is available on request to the public is accessible on-line or otherwise to the public is available to the public by subscription or purchase could lawfully be seen or heard by any casual observer is made available at a meeting open to the public or is obtained by visiting any place or attending any event that is open to the public l T RECORDS any records databases files indices information systems or other retained information U u V SPECIAL AGENT IN CHARGE the Special Agent in Charge ofa field office including an Acting Special Agent in Charge In a field office headed by an Assistant Director the functions authorized for Special Agents in Charge by these Guidelines may be exercised by the Assistant Director in Charge or by any Special Agent in Charge as authorized by the Assistant Director in Charge U W STRATEGIC ANALYSIS assessment and analysis of information gathered and activities conducted to produce and disseminate foreign intelligence and counterintelligence U • 37 aEcaO oFORN X Y UNDISCLOSED PARTICIPATION joining or participating in the activities ofan organization by an FBI asset or employee without disclosure ofFBI affiliation but not including participation with the lmowledge and approval of an official of the organization authorized to act in relation to the activities in question attendance at an activity open to the public or to acknowledged U S Government employees personal activities not related to FBI employment or attendance at an academic institution to obtain education or training relevant to FBI employment or to a future undercover role U Z UNITED STA TES when used in a geographical sense means all areas under the territorial sovereignty of the United States U Date October J 1 2003 Attorney General