AR 2-2 (U) LAW AND POLICY GOVERNING THE CONDUCT OF INTELLIGENCE ACTIVITIES (FORMERLY HR 7-1)

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0006235713
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 41
• Document Release Date: July 20, 2015
• Case Number: F-2013-01775
• Publication Date: December 23, 1987

Approved for Release: 2015/04/30 006235713(b)(3) NatSecAct(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-16.AR 2-2 (U) LAW AND POLICY GOVERNING THE CONDUCTOF INTELLIGENCE ACTIVITIES (Formerly HR 7-1)OGC -AGENCY REGULATION SERIES 2 (INTELLIGENCE ACTIVITIES) PUBLISHED ON 23 DECEMBER 1987Regulation SummaryIngested from Regulations.cia on 10 May 2013I. (U) Policy1. LAW AND POLICY GOVERNING THE CONDUCT OF INTELLIGENCEACTIVITIES (U)SYNOPSIS. This regulation and its annexes set forththe provisions of Executive Order 12333 and itsimplementing procedures governing the conduct ofintelligence activities of the Agency, including theIntelligence Community Staff, National IntelligenceEmergency Support Office, and other staff elements ofthe Director of Central Intelligence. Certain provisionsof Executive Order 12333, such as those dealing withcollection of information on U.S. persons, requireimplementing procedures established by the Directorof Central Intelligence and approved by the AttorneyGeneral. These procedures as well as other relatedmaterials are contained in the annexes to thisregulation. This regulation also includes statutory andpolicy requirements with respect to the conduct ofintelligence activities, including the conduct of securityinvestigations, certain relations with otherGovernmental entities, and relationships with U.S.persons, U.S. news media, U. S. clergy, the U.S.academic community, and employees of the Congress.AR 2-2sgeRrrApproved for Release: 2015/04/30 0062357131 of 41Approved for Release: 2015/04/30 006235713a. EXECUTIVE ORDER 12333 (U)(1) ORIGIN OF EXECUTIVE ORDER 12333. ExecutiveOrder (E.0.) 12333, entitled "United States IntelligenceActivities," governs the intelligence activities of thisAgency, as well as other agencies in the IntelligenceCommunity. E.O. 12333 was signed by PresidentReagan on 4 December 1981. (U)(2) NEED FOR INTELLIGENCE ACTIVITIES. Accurate andtimely information about the capabilities, intentions, andactivities of foreign powers, organizations, or personsand their agents is essential to informed decision-making in the areas of national defense and foreignrelations. Collection of such information is a priorityobjective and will be pursued in a vigorous, innovative,and responsible manner that is consistent with theConstitution and applicable law and respectful of theprinciples upon which the United States was founded.(U)(3) PURPOSE. E.O. 12333 is intended to establish theauthority for and to enhance human and technicalcollection techniques, especially those undertakenabroad, and the acquisition of significant foreignintelligence, as well as the detection and countering ofinternational terrorist activities and espionageconducted by foreign powers. Set forth below arecertain general principles that, in addition to applicablelaws, are intended to achieve the proper balancebetween acquisition of essential information andprotection of individual interests. (U)(4) AGENCY ACTIVITIES ABROAD (U)(a) Scope. Outside the United States, E.O. 12333 andits implementing procedures primarily apply only tothe collection, retention, and dissemination ofAR 2-2 SECRET 2 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713information concerning U.S. persons. A "U.S.person" is a U.S. citizen, a permanent residentalien, an unincorporated association substantiallycomposed of U.S. citizens or permanent residentaliens, or a corporation incorporated \ in the UnitedStates, except for a corporation directed andcontrolled by a foreign government. For a completedefinition of "U.S. person" refer to Annex C. (U)( b ) Retention and Dissemination? of InformationAcquired Abroad Concerning U.S. Persons.Information concerning U.S. persons may beretained and disseminated to authorized recipients ifit amounts to foreign intelligence orcounterintelligence or falls into another authorizedcategory specified in Section VI.A. of Annex A. Theidentity of a U.S. person may be disseminated withthe information if the identity is, or if it is reasonablybelieved that the identity may become, necessaryto understand or assess such information. (b)(1)Information which may be retained about a U.S.(b)(3) NatSecActperson may be disseminatedin accordance with the requirements contained inAppendix C to Annexes A and B. Information abouta U.S. person derived from electronic surveillancemay be retained and disseminated in accordancewith the requirements contained in Appendix D toAnnexes A and B. (53)(c) Collection Abroad of Information ConcerningU.S. Persons (U)(/) Collection of Basic Information. Informationconcerning U.S. persons may be collectedwithout special approvals if it is incidentallyacquired information, publicly availableinformation, consensual information, orAR 2-2 SECRET 3 of 41Approved for Release: 2015/04/30 006235713(2)Approved for Release: 2015/04/30 006235713identifying information. See Section V.B. ofAnnex A concerning use of basic collection(b)(1)(b)(3) NatSecActInformationtechniques. (U)concerning U.S. persons, (b)(1)may be collected (b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(3)AR 2-2  if the informationamounts to foreign intelligence orcounterintelligence or falls within anotherauthorized category and such collection outsidethe United States is approved by a Chief ofStation (COS). Overhead reconnaissance maynot be directed at U.S. persons unlessconcurred in by the General Counsel andapproved by the Deputy Director of Central  Intelligence (DDCI), (b)(1)jeg) (b)(3) NatSecActInformationconcerning U.S. persons may be collected(b)(1)(b)(3) NatSecActonly if the person  is reasonably believed to be an agentof a foreign power, the information is significantforeign intelligence or counterintelligence, andthe information cannot reasonably be acquiredSECRET 4 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713  requires prior headquartersapproval, which includes General Counselconcurrence' and the approval of the Director ofCentral Intelligence (DCI) and the AttorneyGeneral. The warrantless opening of mail inU.S. postal channels is prohibited. For furtherinformation on see (b)(1)Section V.D. of Annex A. (14 (b)(3) NatSecAct(4) Least Intrusive Technique. Information on U.S.persons shall be collected by means of the leastintrusive technique required to acquireintelligence of the nature, reliability, andtimeliness required. (U)(d) Coordination of Espionage, Counterintelligence,Intelligence Liaison, and Narcotics ActivitiesAbroad. CIA is responsible for coordinating theespionage, counterintelligence, and intelligenceliaison activities abroad of Department of Defense(DOD) and other U.S. Government agencies  In addition,counterintelligence activities abroad of the FederalBureau of Investigation (FBI) must be coordinatedwith CIA in accordance with Annex E. Thenarcotics activities of the Drug EnforcementAdministration (DEA) and CIA must be coordinated(b)(1)in accordance with Annex F. (') (b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(5) AGENCY ACTIVITIES WITHIN THE UNITED STATES(U)(a) Scope. Inside the United States, E.O. 12333 andits implementing procedures govern the collection,retention, and dissemination of informationconcerning the activities of U.S. persons. They alsoapply to the activities of non-U.S. persons withAR 2-2 SECRET 5 of 41Approved for Release: 2015/04/30 006235713respect tocoordination with the FBI, and undisclosedparticipation, which are discussed below. (U)( b ) Retention and Dissemination of InformationConcerning U.S. Persons. See paragraph a(4)(b)above. (U)( c ) Collection of Information Concerning U.S.Persons (U)Approved for Release: 2015/04/30 006235713(/)   Informationconcerning U.S. persons within the UnitedStates may be collected without specialapprovals if it is basic information. Seeparagraph a(4)(c)(1) above. (U)(b)(3) NatSecAct(b)(3) NatSecAct(2) Information (b)(3) NatSecActconcerning U.S. persons, unavailable through (b)(1)may be collected from  (b)(1)  subject to the (b)(3) NatSecActlimitations discussed in paragraph a(5)(d) below,if the information amounts to foreign intelligenceor counterintelligence or falls within anotherauthorized category and such collection isapproved by designated officials. See SectionV.C. of Annex B. (2)( d ) Limitations on Collection Within the UnitedStates (U)(/) Foreign Intelligence. Within the United States,CIA may collect significant foreign intelligencenot otherwise obtainable, provided that thecollection is not undertaken for the purpose ofacquiring information concerning the domestic  activities of U.S. persons.  (b)(1)may be undertaken only if the Deputy Director (b)(3) NatSecActAR 2-2 SECRET 6 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713for Operations (DDO) or his designeedetermines that ( a ) the foreign intelligencesought is significant and cannot  reasonably be  obtained by any other means,  (b)(1) (b)(3) NatSecAct  and (c) such collection is notundertaken for the purpose of acquiringinformation concerning the domestic activities ofa U.S. person. Such collection must beapproved by the Deputy Director of CentralIntelligence (DDCI) and may requirecoordination with the FBI. See Annex B, SectionV.C.2.a.(2), for further guidance. (Ss)(2) Counterintelligence. CIA may not conductcounterintelligence activities within the UnitedStates unless such activities are coordinatedwith the General Counsel and the FBI and areapproved by the appropriate officials as set forthin Section VII.B. of Annex B. CIA may notassume or perform any internal securityfunctions in connection with such activities. (U)(3) Physical Surveillance. CIA may not engage inphysical surveillance of a U.S. person in theUnited States except for:(a) Physical surveillance of present or formeremployees, present or former intelligenceagency contractors or their present orformer employees, or applicants for anysuch employment or contracting.(b) Physical surveillance of a military personemployed by a nonintelligence element of amilitary service. (U)AR 2-2 SECRET 7 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(U)(a) E.O. 12333 prohibits CIA from engaging inelectronic surveillance within the UnitedStates, regardless of the nationality ofpersons involved, except for the purpose oftraining, testing, or conductingcountermeasures to hostile electronicsurveillance in accordance with theprocedures set forth in Section V.D.1.b. ofAnnex B. The monitoring of a telephone callwith the ?consent of one party to theconversation does not constitute electronicsurveillance. Such monitoring may not be  conducted except for(b)(1)(b)(3) NatSecAct(b)(3) CIAAct(21(b) CIA may not engage in unconsentedphysical searches in the United States,except for searches of personal propertylawfully in CIA's possession, of non-U.S.persons. Such searches require GeneralCounsel concurrence and may requireAttorney General approval. Searches withconsent, however, are permissible. (U)(c) CIA may not open mail or examine covers ofmail in U.S. postal channels. CIA, however,may request the FBI to examine such mailcovers in accordance with Section V.D.4. ofAnnex B.()S1(d) The DCI may request the FBI or otherSECRETApproved for Release: 2015/04/30 006235713(b)(1)(b)(3) NatSecAct8 of 41Approved for Release: 2015/04/30 006235713authorized intelligence agency to undertakeelectronic surveillance or a physical searchwithin the United States with GeneralCounsel concurrence and approval of theAttorney General. (S)(e) Requirements for Coordinating Activities withthe FBI (U)(/) Foreign intelligence collection within the UnitedStates directed at a U.S. person (including adual national) shall be coordinated with the FBI ifCIA has reason to believe the U.S. person is aforeign power (if an organization), is acting onbehalf of a foreign power, or is or may be ofinvestigative interest to the FBI. Foreignintelligence collection within the United Statesdirected at non-U.S. persons shall becoordinated with the FBI to the extent requiredby Section VII.A.2. of Annex B. (81(b)(1)(b)(3) NatSecAct(2)(b)(1)(b)(3) NatSecActare required in certain,limited circumstances to coordinate with the FBItheir foreign intelligence collection fromSee Section VII.A.3. of(3)Annex B. (3)(b)(1)(b)(3) NatSecAct(4)(b)(1)(b)(3) NatSecActAR 2-2 SECRET 9 of 41Approved for Release: 2015/04/30 006235713(U)Approved for Release: 2015/04/30 006235713(f) Undisclosed Participation in Organizations Withinthe United States. CIA employees, includingcontractors and assets, may join or otherwiseparticipate on behalf of CIA in a U.S. or foreignorganization within the United States withoutdisclosing CIA affiliation to appropriate officials ofthe organization only if such participation falls withinspecific categories and appropriate approvals areobtained in accordance with Section VIII of AnnexB. No such participation may be undertaken onbehalf of CIA for the purpose of influencing theactivities of the organization or its members unlessthe organization is composed primarily of individualswho are not U.S. persons, the organization isreasonably believed to be acting on behalf of aforeign power, and the DCI or DDCI approves. Useor placement of an employee or an asset in anorganization in the United States to spot or assessU.S. citizens is prohibited. All requests to the DCI,DDCI, or DDO for approval of an undisclosedparticipation shall be forwarded through the GeneralCounsel. See Section VIII of Annex B. (U)(6) OTHER PROVISIONS OF EXECUTIVE ORDER 12333(a) Assistance to Other Entities (U)(/) Counterintelligence Assistance (U)(a) Except as provided below, CIA may providecounterintelligence assistance within theUnited States to the FBI, National SecurityAgency, or other agencies within theIntelligence Community if the GeneralCounsel determines that such assistance isconsistent with applicable law, including theNational Security Act of 1947, as amended,AR 2-2 SECRET 10 of 41Approved for Release: 2015/04/30 006235713(U)Approved for Release: 2015/04/30 006235713which prohibits CIA from assuming orperforming any internal security functions,and appropriate Agency officials approve asrequired by the procedures specified inSection VII.B.2. of Annex B. ($)(b) Translation assistance may be provided withno special approvals if CIA employees donot participate in the collection ordissemination of raw information. (,.c)'(c) All requests from the FBI or intelligenceelements of the military services for CIAcounterintelligence assistance shall be madeby the Director of the FBI or his designee inaccordance with Section VII.B.2.c. of AnnexB. (S(2) Assistance to Law Enforcement Authorities(a) CIA may:( i ) Cooperate with appropriate lawenforcement agencies for the purpose ofprotecting the employees, information,property, and facilities of any agencywithin the Intelligence Community.(ii) Unless otherwise precluded by the lawenforcement proviso of the NationalSecurity Act of 1947 or E.O. 12333,participate in law enforcement activities toinvestigate or prevent clandestineintelligence activities by foreign powers orinternational terrorist or narcoticsactivities.(iii) Provide specialized equipment, technicalAR 2-2 SECRET 11 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713knowledge, or assistance of expertpersonnel, which personnel assistanceshall be approved in each case by theGeneral Counsel, for use by anydepartment or agency, or when lives areendangered, to support local lawenforcement agencies.(iv) Render any other assistance andcooperation to law enforcementauthorities not precluded by the lawenforcement proviso of the NationalSecurity Act of 1947 or other applicablelaw. (U)(b) CIA may provide generalized training of U.S.law enforcement personnel, whether or notundertaken on the premises of Federal,State, or local law enforcement agencies, inconsultation with the Office of GeneralCounsel (OGC). (U)(c) The General Counsel has determined thattranslation assistance not involving thecollection of raw information may beprovided for law enforcement purposes if theCIA translator does not disseminate any ofthe information gained from such translationassistance. Each Agency employee whoprovides such translation services shall bebriefed by OGC on this disseminationrestriction prior to providing the requestedtranslation assistance. See also paragrapha(6)(a)(2)(a)(iii) above concerning requiredGeneral Counsel case-by-case approvalsfor other assistance of expert personnelprovided to law enforcement authorities. fecr)AR 2-2 SECRET 12 of 41Approved for Release: 2015/04/30 006235713(3)Approved for Release: 2015/04/30 006235713(d) CIA may provide assistance to U.S.Government agencies involved ininvestigations of? export control violations,international terrorism, and internationalnarcotics trafficking, including the provision oftechnical equipment for overseasoperations, provided the equipment is notoperated by CIA personnel, and theassistance is concurred in by the GeneralCounsel, or his designee, and approved bythe appropriate Deputy Director, or hisdesignee. The use ofmay be permitted only with theconcurrence of the General Counsel inaccordance with paragraph a(6)(h) below.CIA may not participate in domesticoperations of other agencies in these areasunless such participation is determined bythe General Counsel to be consistent withthe National Security Act of 1947 and isapproved by the DCI or DDCI. See alsoparagraph a(6)(h) below concerning theconduct and coordination of these activitiesabroad. (Z)Special Rules Regarding ElectronicSurveillance Assistance. Notwithstanding theprohibition on CIA's conduct of electronicsurveillance in the United States, CIApersonnel may assist the FBI and otheragencies in the conduct of such electronicsurveillance with the concurrence of theGeneral Counsel. In providing assistance, CIApersonnel must not acquire anycommunications. If communications are to beacquired, CIA personnel must be detailed tothe FBI or other agency, must not disseminate(b)(1)(b)(3) NatSecActAR 2-2 SECRET 13 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713any information derived from the surveillancedirectly to CIA, and must not accept any CIAtasking while detailed. Such assistance islimited to the circumstances described inSection V.D.1.d. of Annex B, must beapproved by the appropriate  Deputy Directorin accordance with and the DCI orDDCI should be informed. CIA personnel to bedetailed must be briefed by OGC in advanceof their providing such assistance and mustsign a statement acknowledging theirunderstanding of the ? limitations on theiractivities while detailed.(b)(1)(b)(3) NatSecAct  For additionalinformation on the requirements for thedetailing of CIA personnel to the FBI or otheragencies, see paragraph a(6)(a)(7) below. (153)(4) Assistance to the White House. Anyassistance requested by or extended to theWhite House must be approved in advance bythe DCI, excluding the production anddissemination of foreign intelligence, except thatthe Foreign Broadcast Information Service(FBIS) may provide the White House informationobtained from the monitoring of foreign publicmedia and honor any requests pertaining to thecollection of foreign intelligence information fromforeign public media. For the purposes of thisprovision, the White House includes theNational Security Council Staff and thosepositions listed in The United StatesGovernment Manual under the White HouseOffice. (U)(b)(3) NatSecActAR 2-2 SECRET 14 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(5) Assistance to the Department of Defense.CIA may assist DOD intelligence elements andmay provide assistance for U.S.-based DODcounterintelligence operations with the approvalof an appropriate Deputy Director and theconcurrence of OGC. See paragraph a(6)(a)(3)above for special rules regarding electronicsurveillance assistance and paragrapha(6)(a)(1)(c) above concerning requests forcounterintelligence assistance. )(6) Assistance to the Secret Service. CIA mayprovide assistance to the U.S. Secret Service inthe performance of its protective duties inaccordance with Public Law 90-331 (18 U.S.C.Section 3056) which authorizes such assistancefrom other Government agencies. Suchassistance shall be coordinated with OGC. Seealso Memorandum of Understanding betweenCIA and Secret Service of 21 January 1987(available in OGC). (U)(7) Other Assistance (U)(a) The appropriate Deputy Director or Head ofIndependent Office, or his designee, mayapprove a request for assistance to or froma non-Agency entity, whether Government ornon-Government, if the assistance involves:(i) CIA activities explicitly authorized by E.O.12333, National Security CouncilIntelligence Directives, Director of CentralIntelligence Directives, or otherprovisions of this regulation.(ii) Third agency dissemination.(iii) Preparation or disseminationAR 2-2 SECRET 15 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713information analyses or reportsconcerning foreign intelligence andforeign personalities.(iv) Security clearances and relatedinformation including investigativeinformation in accordance withappropriate Executive orders andpolygraph-derived informationdisseminated in accordance with AnnexD.(v) Employment references. (U)(b) Requests for assistance that have noprecedent, have not previously beendetermined to be legal and proper, are not ofa routine and recurring nature, or haveserious policy or resource implications mustbe concurred in by the General Counsel andapproved by the Executive Director, unlessOGC recommends a DCI or DDCI decisionin the specific case. Assistance involvingserious policy or resource implications alsorequires the concurrence of the Comptroller.Matters involving serious policy or resourceimplications include:(i) Establishing new policies.(ii) Items requiring reports to, or approvalfrom, the Office of Management andBudget.(iii) Reprogramming or reallocation of funds.(iv) Other complex, sensitive, or importantmatters that should be made known tothe DCI or DDCI.AR 2-2 SECRET 16 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(v) Potential conflicts with agreements withother U.S. Government agencies. (U)(c) The concurrence of the Director of Financemust be obtained when the assistanceinvolves an Agency financial commitment orthe advance, reimbursement, receipt, orexpenditure of funds. (U)(d)(e)(b)(1)(b)(3) NatSecAct(b)(3) NatSecAct(f) The concurrence of the Director of Logisticsmust be obtained when the assistanceinvolves contracting support. (U)(b) Contracting (U)(/) In General. CIA may contract or arrange for theprovision of goods and services with privatecompanies or nonacademic institutions in the UnitedStates and need not reveal the sponsorship of suchcontracts or arrangements for authorizedintelligence purposes. (U)(2) Academic Institutions (U)(a) Direct Contracts. Classified and unclassifiedcontracts or arrangements with academicinstitutions in the United States may beundertaken only with the consent of anappropriate official of the institution; that is, anofficial who is authorized to approve suchAR 2-2 SECRET 17 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713contracts or arrangements on behalf of theinstitution. (U)(b) Subcontracts. Appropriate officials of academicinstitutions must be advised of CIA involvementin a contract if their institution provides servicesfor the Agency directly or indirectly as asubcontractor, consultant to the contractors, orin some other manner unless:(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(c) Organizations. Classified and unclassifiedcontracts with entities affiliated with academicinstitutions may be undertaken in accordancewith (U)(d) Individuals See paragraph b(1)(c) below forinformation concerning contracts with individualsaffiliated with academic institutions. (U)(c) Human Experimentation. The CIA shall not sponsor,contract for, or conduct research on human subjectsexcept in accordance with guidelines issued by theDepartment of Health and Human Services (HHS).The subject's informed consent shall be documentedas required by those guidelines. (U)(b)(3) NatSecActAR 2-2 SECRET 18 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(/) The DCI, through the Agency's Human SubjectResearch Panel (HSRP), shall evaluate alldocumentation and certifications pertaining tohuman research sponsored by, contracted for, orconducted by the CIA (including initial and ongoingreviews conducted by Institutional Review Boards)prepared in compliance with HHS guidelines,codified at 45 C.F.R. Section 46. The HSRP shallbe composed of such employees of the CIA andother experts or consultants as the DCI deemsappropriate. A representative of OGC shall attendall meetings of the HSRP and shall provide legalguidance to the panel. (U)(2) The DCI shall approve, modify, or disapprove allproposals pertaining to human subject research.(U)"Research on human subjects" means a formalinvestigation, designed to develop or contribute togeneralizable knowledge, the subjects of which arepersons about whom a scientist conductingresearch obtains data through intervention orinteraction with the person or identifiable privateinformation. Intervention includes both physicalprocedures by which data are gathered andmanipulation of the subject or the subject'senvironment that are performed for researchpurposes. Interaction includes communication orinterpersonal contact between the researchscientist and the subject. Private informationincludes information about behavior that occurs in acontext in which an individual can reasonablyexpect that no observation or recording is takingplace, and information which has been provided forspecific purposes by an individual and which theindividual can reasonably expect will not be made(3)AR 2-2 SECRET 19 of 41Approved for Release: 2015/04/30 006235713(4)Approved for Release: 2015/04/30 006235713public. Private information must be individuallyidentifiable to fall within this definition. Any questionson the applicability of this provision to Agencyactivities must be submitted to the Agency HSRPfor resolution in consultation with OGC. (U)(b)(1)(b)(3) NatSecAct(d) Prohibition on Assassination. No person employedby or acting on behalf of the U.S. Government shallengage in, or conspire to engage in, assassination.(U)(e) Indirect Participation. The CIA shall not participate in,nor request any person to undertake, activitiesforbidden by E.O. 12333 or Agency regulations. (U)(f) Special Activities. All special activities, as defined inSection 3.4(h) of E.O. 12333, shall be conducted incompliance with the requirements of E.O. 12333;Section 662 of the Foreign Assistance Act of 1961(Hughes-Ryan Amendment), as amended (22 U.S.C.Section 2422); and Section 501 of the NationalSecurity Act of 1947 (50 U.S.C. Section 413). Seeparagraph b(8) below for guidance on publicationwithout attribution to CIA or the U.S. Government. (U)(g) Security Investigations (U)(/) Routine Background Investigations. CIA isauthorized to collect, retain, or disseminateinformation concerning -U.S. persons that isobtained with consent or arises out of lawfulpersonnel, physical, or communications securityinvestigations in accordance with Sections V and VIof Annex B. (See Annex C for definitions ofpersonnel, physical, and communications securityAR 2-2 SECRET 20 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713investigations.) Individual approvals on a case-by-case basis are not required for (a) personnelsecurity investigations directed at current CIAemployees, employees of CIA contractors,applicants for such employment, and otherindividuals who have been granted or who arebeing considered for security clearances orapprovals and other persons with similarassociations or (b) routine_ checks of records ofother Federal agencies (National Agency Checks)or State or local police authorities done in thecourse of a security suitability or credibility  investigation. Investigations directed at  must be conducted, if at allfeasible, with the consent of the person to beinvestigated. When it is not feasible to obtainconsent, such investigations must be conductedpursuant to paragraph (2) immediately below. ka)(2) Other Background Investigations. Relatedinvestigations directed at U.S. persons, other thanthose authorized by paragraph (1) immediatelyabove, must be approved on a case-by-case basisby the Director of Security or the Deputy Director ofSecurity for Personnel Security; must be concurredin by the General Counsel; and must be consistentwith the limitations on CIA activities in the UnitedStates specified in paragraph a(5) above. (S)(3) Polygraphing. CIA may conduct polygraphexaminations of applicants, employees, individualsbeing considered for or holding security clearancesor approvals,(b)(1)(b)(3) NatSecActPolygraph examinations ofU.S. persons not in these categories may beconducted only with their consent and only with the(b)(3) NatSecActAR 2-2 SECRET 21 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713prior written approval of the DCI or DDCI. (U)(4) Investigations of Crimes. When allegations,complaints, or information are received tending toshow that certain Federal criminal statutes mayhave been violated, the Agency may conduct apreliminary inquiry, including interviews with currentemployees of the Agency or former employees forthe purposes of offenses committed during theiremployment or nonemployees for the sole purposeof determining the truth of a report that suchnonemployee has made an allegation against anAgency employee. The Agency may interviewnonemployees and examine non-Agency premisesonly with the prior notification and approval of theDepartment of Justice. Nothing in this provisionshall limit the techniques which the Agency mayotherwise be authorized to use or limit the Agency'sresponsibility to provide for its security functionspursuant to E.O. 12333. Consequently, the Agencymay conduct investigations in furtherance of itsadministrative and security responsibilities, includinginterviews of persons outside the Agency who maybe in possession of relevant information. However,at such time as information is acquired in thecourse of such an investigation tending to show thatan employee of the Agency or a nonemployee mayhave violated Federal criminal statutes, OGC shallbe consulted to ?ensure that the reportingresponsibilities of paragraph d(5) below and AnnexD of this regulation are satisfied and that potentialprosecutions are not jeopardized. (U)(h) Terrorism, Narcotics, and Export Control (U)(1) CIA may collect, retain, or disseminate informationconcerning U.S. persons obtained in the course ofAR 2-2 SECRET 22 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713an authorized international terrorism or narcoticsinvestigation or to acquire foreign intelligenceinvolving export control matters in accordance withSections V and VI of Annexes A and B. (U)(2) Such investigations may be undertaken only if theU.S. person is or may be engaged in internationalterrorism, international narcotics production andtrafficking, or export control matters and may not beundertaken solely for the purpose of acquiringinformation to be used in a criminal prosecution inthe United States of a U.S. person or a foreignnational. (U)(3) Where a significant possibility exists that the use ofwill beimplicated in criminal prosecutions in the UnitedStates, should not be initiated orcontinued until the appropriate Deputy Directordetermines, with the concurrence of the GeneralCounsel, that the risks to the sources and methodsinvolved are justified by the anticipated results ofthe activity.  may notbe directed at a U.S. person in connection with aninternational narcotics investigation on the basis ofhis involvement in international narcotics activitiesunless there is evidence of foreign governmentinvolvement. See also paragraphs a(4)(c)(3) anda(5)(d)(4) above. (,,V5(4) DEA 'is required, under procedures governingnarcotics activities ?abroad, to coordinate with thelocal COS all matters involving liaison with foreignintelligence or internal security services and  (b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(1  (b)(3) NatSecAct See Annex F for other coordination andrelated requirements. (S)AR 2-2 SECRETApproved for Release: 2015/04/30 00623571323 of 41Approved for Release: 2015/04/30 006235713(5) CIA may provide assistance to other Governmentagencies involved in these subjects, includingtechnical equipment for overseas operations, inaccordance with paragraph a(6)(a)(2)(d) above.15frb. SELECTED AGENCY POLICIES (U)(1) RELATIONS WITH CERTAIN CATEGORIES OFINDIVIDUALS AND ORGANIZATIONS (U)(a) Permitted Activities. Nothing in the Agency policiesdescribed below prohibits any U.S. person whowishes to cooperate with the U.S. Governmentfrom volunteering information or prohibits CIA fromprocuring goods and services from privatecompanies or institutions, other than academicinstitutions, without revealing Agency sponsorshipfor authorized intelligence purposes. (U)(b) Relations with U.S. Persons. CIA will not request,directly or indirectly, a U.S. person to undertakeintelligence activities as defined in Annex C unlessthat person has knowledge that he is acting onbehalf of CIA and the appropriate Deputy Directoror his designee has approved. The appropriateDeputy Director may approve use of the person ifthat person knows he is acting on behalf of the U.S.  Government.(b)(1)(b)(3) NatSecAct (Z)(C ) Relations with Academics and AcademicInstitutions (U)AR 2-2 SECRET 24 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(/) No staff or faculty members of U.S. academicinstitutions will be used in intelligence activitieson an unwitting basis either in the United Statesor abroad. (U)(2) Agency employees will not representthemselves falsely as employees of U.S.academic institutions. (U)(3)Personal services contracts and otherarrangements may be entered into withindividual, full-time staff and faculty members ofacademic institutions. Agency components mayenter into such contracts for unclassified orclassified research, where university rulespermit, where appropriate facilities andcircumstances allow and when a genuine needexists. In such circumstances, it is theresponsibility of the academic institutions, in thefirst instance, to set rules regarding the reportingof such relationships to the institution and theresponsibility of any scholar or individual whoconsults or works , with CIA to abide fully bythose rules. If the research involves significantuse of the institution's research facilities orresources,Agency officials will ensure that the cooperatingindividuals inform appropriate officials of theinstitution of the involvement  of the Agency.  Moreover, CIA should advise(b)(3) NatSecActof the Agency's sponsoring(b)(3) NatSecActAR 2-2 SECRET 25 of 41Approved for Release: 2015/04/30 006235713(4)Approved for Release: 2015/04/30 006235713role. All relationships with academics in theUnited States that involve in any way theacademic institution, its students, or its facilitiesmust be conducted in accordance withprocedures governing undisclosed participationdescribed in paragraph a(5)(f) above. Studiesfunded in whole or in part by CIA may not bepublished except in accordance with paragraphb(8) below. (U)(b)(1)(b)(3) NatSecAct(5) When academic institutions in the United Statesuse individual faculty or staff members to provideservices in support of or in fulfillment of acontractual agreement with CIA, thoseindividuals, as well as those students and otherssubstantially assisting them in the performanceof their contracts, normally  should be made  aware of CIA sponsorship.(b)(1)(b)(3) NatSecAct()AR 2-2 SECRET 26 of 41Approved for Release: 2015/04/30 006235713AR 2-2Approved for Release: 2015/04/30 006235713(6) The Agency will not provide any covert financialassistance or direct or indirect support to U.S.educational or private voluntary organizations.This limitation applies to all foreign as well asdomestic activities of such organizations. Theterm "U.S. private voluntary organization"includes, but is not limited to, educational,cultural, philanthropic, civic, fraternal, veterans,youth, trade/commercial, or professionalassociations, foundations, or societies, as wellas labor unions and political parties,incorporated or organized in the United Stateson a nonprofit basis. (U)(7) Contracts or arrangements with academicinstitutions may be undertaken only with theconsent of appropriate officials of the institution.See paragraph a(6)(b)(2) above. (U)(8) See paragraph c(5) below for rules regardingaccess to student records. (U)(9) See   for additional guidanceconcerning relations with academic institutions.(U)(10)(b)(1)(b)(3) NatSecAct(d) Relations with Journalists and Staff of U.S. NewsMedia Organizations (U)(1) No full-time or part-time journalists (including so-called "stringers") accredited by a U.S. newsservice, newspaper, periodical, radio, ortelevision network or station will be used for the(b)(1)(b)(3) NatSecActSECRET 27 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713purpose of conducting any intelligence activities.The term "accredited" means any full-time orpart-time employee of U.S. or foreign nationalitywho is formally authorized by contract or by theissuance of press credentials to representhimself either in the United States or abroad asa correspondent for a U.S. news mediaorganization (including professional and tradejournal publications) or who is officiallyrecognized by a foreign government torepresent a U.S. news media organization. (U)(2) Nonjournalist staff employees of any U.S. newsmedia will not be used for the purpose ofconducting intelligence activities without theapproval of senior management of the newsorganization. (U)(3) Open relationships with journalists ornonjournalist staff employees (for example,contracts to perform translating services or tolecture at training courses) will continue to bepermitted. Open relationships are characterizedby a willingness on both sides to acknowledgethe fact and nature of the relationship to seniormanagement officials of the organizationsinvolved. (U)(4)(b)(1)(b)(3) NatSecActAR 2-2 SECRETApproved for Release: 2015/04/30 00623571328 of 41Approved for Release: 2015/04/30 006235713(b)(3) NatSecAct(5)(b)(1)(b)(3) NatSecAct(6) The name or facilities of any U.S. news mediaorganization shall not be used to provide coverfor any Agency employees or activities. (U)(7) Nothing in this regulation prohibits the PublicAffairs Office from maintaining regular liaisonwith representatives of the news media. (U)(e) Relations with Clergy and Missionaries (U)(/) No relationship will be established with any U.S.clergy or missionary, whether or not ordained, whois sent out by a mission or church organization topreach, teach, heal, or proselytize, except asotherwise provided in this regulation. Any CIA useof a U.S. clergy or missionary who is not madeaware of CIA sponsorship of the activity, or any useof a person's status as a member of the clergy or aAR 2-2 SECRET 29 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713missionary to provide cover for any CIA activity orassignment, is prohibited. (U)(2) Open relationships with clergy (for example,contracts to perform translating services or tolecture at training courses) are permitted. Openrelationships are characterized by a willingness onboth sides to acknowledge the fact and nature ofthe relationship to senior management officials ofthe organizations involved. (U)(3)(b)(3) NatSecAct(4) American church groups will not be funded or usedas funding cutouts for intelligence purposes. (U)(f) Relations with Peace Corps Personnel. Peace Corpsmembers or trainees may not be employed or used inAR 2-2gany capacity.(b)(3) NatSecActSECRETApproved for Release: 2015/04/30 006235713(b)(1)(b)(3) NatSecAct30 of 41Approved for Release: 2015/04/30 006235713(b)(1)(b)(3) NatSecAct(h) Relations with Congressional Staff. Employees ofmembers of the U.S. Congress and of committees,including subcommittees, of the U.S. Congress shallnot be used for intelligence purposes without theapproval of the member, in the case of an employee ofa member, or the committee or subcommitteechairman, in the case of an employee of a committeeor subcommittee. Intelligence purposes includecollecting foreign intelligence at the request of CIA orperforming operational services but do not includeactivities associated with ordinary legislativeoperations. (U)(2) PROPRIETARIES (U)(a) Activities. Proprietaries may be developed andshall conduct activities as necessary to performauthorized functions and duties in accordance withAR 2-2(b)(1)(b)(3) NatSecActSECRETApproved for Release: 2015/04/30 00623571331 of 41(3(4(5(Approved for Release: 2015/04/30 006235713(b)(1)(b)(3) NatSecActb)(b)(1)(b)(3) NatSecAct4(b)(3) NatSecAct(b)(3) NatSecAct(b)(1))(b)(3) NatSecActAR 2-2 SECRET 32 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(b)(3) NatSecAct(b)(3) CIAAct(6) PERSONNEL ASSIGNED TO OTHER AGENCIES. Anemployee detailed to another agency within theFederal Government shall be responsible to the hostagency and shall not report to the parent agency onthe affairs of the host agency unless so directed 17 thehost agency. CIApersonnel assigned to other Government agencies forand liaison officers are not consideredto be  detailed to the other agency involved.for information concerning requirementsdetailing personnel to other agencies. (U)(7) COLLECTION FROM FOREIGN MEDIA. Collection ofpublicly available information from foreign radio,television, or press concerning statements by, activitiesof, or references to U.S. persons is permissible whensuch collection is an incidental aspect of coverage offoreign radio, television, or press or when thecollection activity has been coordinated with OGC. (U)for(8,  E.O. 12333prohibits CIA from engaging in special activities toinfluence U.S. political processes, public opinion,policies, or media. In order to ensure compliance withE.O. 12333,(b)(3) NatSecAct(b)(1)(b)(3) NatSecAct(b)(3) NatSecActAR 2-2 SECRETApproved for Release: 2015/04/30 006235713(b)(3) NatSecAct(b)(3) NatSecAct33 of 41Approved for Release: 2015/04/30 006235713(b)(3) NatSecAct(U)c. SELECTED STATUTORY PROVISIONS AFFECTING THECONDUCT OF INTELLIGENCE ACTIVITIES. In addition toE.O. 12333, certain statutory provisions affect the conductof intelligence activities. The most significant of these areset forth below. Questions of interpretation of theseprovisions shall be referred to OGC. (U)(1) NATIONAL SECURITY ACT OF 1947 (U)(a) The National Security Act of 1947, which providesthe basic authority for the intelligence activities ofthe Agency, prohibits the CIA from exercising police,subpoena, or law enforcement powers or internalsecurity functions (50 U.S.C. Section 403(d) (3)).This prohibition means that CIA may not engage inactivities solely for the purpose of supporting orexercising these functions. (U)(b) The National Security Act of 1947 also requires thatthe DCI, consistent with applicable constitutionalresponsibilities and the authority to protectAR 2-2 SECRET 34 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713intelligence sources and methods:(/) Keep the congressional intelligence committeesfully and currently informed of all intelligenceactivities including significant anticipatedintelligence activities.(2) Furnish any information or materials concerningintelligence activities which are requested byeither of the committees.(3) Report to the congressional intelligencecommittees any illegal intelligence activities orsignificant intelligence failures and correctiveaction taken (50 U.S.C. Section 413/Section501 of the National Security Act of 1947). (U)( 2 ) HUGHES-RYAN AMENDMENT. The Hughes-RyanAmendment to the Foreign Assistance Act of 1961 (22U.S.C. Section 2422) prohibits the expenditure ofappropriated funds by or on behalf of CIA foroperations in foreign countries, other than activitiesintended solely for obtaining necessary intelligence,unless and until the President finds that each suchoperation is important to the national security of theUnited States. Each such special activity shall beconsidered a significant anticipated intelligence activityfor the purpose of the reporting requirements of Section501 of the National Security Act of 1947. (U)(3) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF1978. The Foreign Intelligence Surveillance Act of1978 (FISA) sets out a special judicial procedure forauthorizing electronic surveillance of foreign powers oragents of foreign powers in the United States (50U.S.C. Sections 1801-11). Audio countermeasuresand electronic surveillance testing and training may beconducted in the United States consistent with FISAAR 2-2 SECRET 35 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713with appropriate approval. See also paragrapha(5)(d)(4)(a) above. Although CIA is prohibited fromconducting electronic surveillance in the United States,the Agency may request the FBI to conduct electronicsurveillance in accordance with FISA. All suchrequests or proposals must be coordinated with OGC.(S)(4) PRIVACY ACT OF 1974. The Privacy Act of 1974prohibits the disclosure outside the Agency of recordspertaining to an individual without that individual'sconsent unless the disclosure is authorized by one ormore specific exceptions, including a disclosure thatconstitutes a routine use for those records (5 U.S.C.Section 552a). The CIA may disclose a recordpertaining to an individual without his consent as aroutine use whenever the disclosure is necessary andappropriate to enable the CIA to carry out its legitimatefunctions and responsibilities, including any functionauthorized by E.O. 12333. Additionally, the Privacy Actrequires that a record be kept of disclosures ofinformation concerning a U.S. person outside theAgency, whether the disclosures are written or oral.(U)(5) FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT(U)(a) The Family Educational Rights and Privacy Act of1974 (20 U.S.C. Section 1232g) controls thedisclosure or dissemination of education records ofstudents at schools receiving Federal funds andgenerally prohibits such disclosure without thestudent's consent. The law makes no distinction asto the nationality of the student and thereforeincludes non-U.S. persons. The Act does notprohibit disclosure of certain (1) records ofAR 2-2 SECRET 36 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713instructional, supervisory, and administrativepersonnel; (2) law enforcement records; (3)employment records of nonstudents; (4) medicalrecords used in treating a student; and (5) directoryinformation, provided that the school gives publicnotice of the categories of information it hasdesignated as directory information. (U)(b) Directory information is limited to the student's:(1) Name.(2) Address.(3) Telephone listing.(4) Date and place of birth.(5) Major field of study.(6) Participation in officially recognized activities andsports.(7) Weight and height if a member of an athleticteam.(8) Dates of attendance.(9) Degrees and awards received.(10) Most recent previous educational agency orinstitution attended.See or OGC for additional information onstudent records. (U)(6) RIGHT TO FINANCIAL PRIVACY ACT. The Right toFinancial Privacy Act (12 U.S.C. Section 3401, etseq.) provides for privacy of financial records byrestricting Government access to those records. TheAct by its terms, however, exempts collection by an(b)(3) NatSecActAR 2-2 SECRET 37 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713agency, such as CIA, that is authorized to conductforeign intelligence or counterintelligence activities.  (b)(3) NatSecAct(U)(7) ACCESS TO CRIMINAL HISTORY RECORDS. CIAmay access, pursuant to 5 U.S.C. Section 9101, Stateand local criminal history records for the purposes ofdetermining eligibility for (a) access to classifiedinformation or (b) assignment to or retention in sensitivenational security duties. Access to such informationrequires the written consent of the individual beinginvestigated, and individuals about whom suchinformation is obtained have a right of access to theinformation obtained. Information from criminal historyrecords obtained pursuant to this provision may onlybe disclosed for authorized national security or criminaljustice purposes, including disclosure in litigation ofpersonnel security cases. (U)d. OVERSIGHT OF INTELLIGENCE ACTIVITIES (U)(1) RESPONSIBILITY TO CONSULT WITH THE OFFICEOF GENERAL COUNSEL (U)(a) To ensure that all activities are in compliance withthe law, Deputy Directors and Heads ofIndependent Offices shall consult with OGC on allactivities that raise questions of legality orconsistency with Executive orders or Presidentialdirectives. (U)(b) The General Counsel shall have access to allAR 2-2 SECRET 38 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713information he deems necessary to perform theduties of that office. The Inspector General isauthorized to review all activities and shall haveaccess to all information he deems necessary toperform the duties of that office. (U)(2) EMPLOYEE RESPONSIBILITIES. Any employee wholearns of any CIA activity, instruction, or proposal thathe thinks may be unlawful; contrary to Executive order,Presidential directive, or Agency regulation; orotherwise improper shall inform the Inspector General,General Counsel, or DCI immediately. (U)(3) PRESIDENT'S INTELLIGENCE OVERSIGHT BOARD.Pursuant to E.O. 12333, CIA shall report to thePresident's Intelligence Oversight Board (10B) anyintelligence activity which CIA has reason to believemay be unlawful or contrary to Executive order orPresidential directive. Under E. 0. 12334, CIA isobligated, to the extent permitted by law, to provide the10B with all information necessary to carry out itsresponsibilities. The Inspector General and GeneralCounsel shall, to the extent permitted by law, report tothe 10B intelligence activities that they have reason tobelieve may be unlawful or contrary to Executive orderor Presidential directive. (U)(4) CONGRESSIONAL OVERSIGHT. Section 501 of theNational Security Act of 1947 provides that the DCI, inaccordance with the provisions of that section, shallkeep the Select Committee on Intelligence of theSenate and the Permanent Select Committee onIntelligence of the House of Representatives fully andcurrently informed of all intelligence activities conductedon behalf of CIA, including any special activity or othersignificant anticipated intelligence activity; furnish anyinformation or material concerning intelligence activitiesAR 2-2 SECRET 39 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713which is requested by either of the intelligencecommittees to carry out its authorized responsibilities;and report in a timely fashion to the intelligencecommittees any illegal intelligence activity or significantintelligence failure and any corrective action that hasbeen taken or is planned to be taken in connection withsuch illegal activity or failure. See paragraph d(1)above. (U)(5) CRIMES REPORTING. All employees shall report tothe General Counsel, via their components, facts orcircumstances that appear to indicate the commissionof a criminal offense.(b)(1)(b)(3) NatSecAct Pursuant to Section 1.7(a) of E.O. 12333,CIA is obligated to report, through its General Counsel,to the Attorney General possible violations of Federalcriminal laws by employees and of specified Federalcriminal laws by any other person as provided in thecrimes reporting procedures in Annex D. (2)e. ADMINISTRATION (U)(1) This regulation supercedes all regulations implementingE.O. 11905, E.O. 12036, and related policies. (U)(2) This regulation applies to activities of both the Agencyand the Office of the DCI whether inside or outside theUnited States. The activities of other U.S. agencies,including military intelligence agencies, must becoordinated in accordance with paragraph a(4)(d)above. (U)AR 2-2SECRET 40 of 41Approved for Release: 2015/04/30 006235713Approved for Release: 2015/04/30 006235713(3) The DCI or DDCI may waive a provision of HR 7-1 notrequired by constitution, statute, Executive order, orwritten agreement. All proposed waivers must becoordinated in advance with the General Counsel. (5()(4) Official interpretation of any provision of this regulationrests solely with OGC. All matters relating to thisregulation that are referred to the DCI or _DDCI forapproval must be coordinated with the GeneralCounsel to ensure that all potential legal issues areresolved. (U)(5) No provision of this regulation is intended to confer anyrights, privileges, or remedies on third parties. (U)(6) This regulation shall become effective 7 days from thedate it is approved by the DCI. (U)Is/Director of Central IntelligenceAR 2-2 SECRET 41 of 41Approved for Release: 2015/04/30 006235713