AR 7-8 RESPONSE BY EMPLOYEES AND FORMER EMPLOYEES TO SUBPOENAS, ORDERS, AND OTHER DEMANDS BY COURTS OR OTHER AUTHORITIES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06235329
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: March 9, 2023
• Document Release Date: January 5, 2021
• Case Number: F-2011-01517
• Publication Date: May 15, 1997

Approved for Release: 2020/03/16 C06235329
UNCLASSIFIED
Date: 05/15/97 (Regulations may contain various dates)
Category: 7 - Management OPR: OGC
Title: AR 7-8 RESPONSE BY EMPLOYEES AND FORMER
EMPLOYEES TO SUBPOENAS, ORDERS, AND OTHER DEMANDS BY
COURTS OR OTHER AUTHORITIES
This regulation was written 6y the Office of genera( Counsel, (secure).
8. RESPONSE BY EMPLOYEES AND FORMER EMPLOYEES TO SUBPOENAS,
ORDERS, AND OTHER DEMANDS BY COURTS OR OTHER AUTHORITIES
SYNOPSIS. This regulation prescribes the policy, responsibilities, and procedures
that govern the responses of employees and former employees to demands for
testimony or information on matters concerning official Agency duties. (NOTE:
Boldfaced text in this regulation indicates revisions.)
a. AUTHORITIES. 50 U.S.C. 403g; 50 U.S.C. 403-3(d); Executive Order 12333; 32 C.F.R.
Part 1905.
b. DEFINITIONS
(1) DEMAND. A demand is any subpoena, order, or other legal summons that is issued by a
court, administrative agency, congressional committee, or other entity with the authority
to require a response on a particular matter. A demand also includes any request for
production or disclosure which may result in the issuance of a subpoena, order, or
other legal process to compel production or disclosure.
(2) PRODUCTION OR DISCLOSURE. As used in this regulation, the production or
disclosure sought by a demand upon an employee or former employee concerns
information with respect to either:
(a) Any material contained in the files of the Agency,
(b) Any information relating to material contained in the files of the Agency, or
(c) Any information acquired by persons while such persons were employees of the
Agency as a part of the performance of their official duties or because of their official
status.
(3) EMPLOYEES. For the purpose of this regulation, employees include former
employees, independent contractors, and former independent contractors.
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(4) SENIOR OFFICIALS Senior officials are defined as the Deputy Director of the Central
Intelligence Agency (DD/CIA), Deputy Directors, and Heads of Independent Offices.
c. POLICY. No employee will respond to a demand involving production or disclosure
without prior authorization as set forth in this regulation and 32 C.F.R. Part 1905,
otherwise known as the Agency's Touhv regulation.
d. RESPONSIBILITIES
(1) Employees will:
(a) _Immediately notify the General Counsel whenever a demand is made upon them for
production or disclosure.
(b) Request, if oral/written testimony is sought by the demand, that the person seeking
the demand, or that person's attorney, provide a statement setting forth a summary of
the information sought by the demand.
(2) The General Counsel will:
(a) Determine whether production, if authorized, is appropriate in view of relevant
privileges, applicable Agency regulations or directives, federal law, and
Department of Justice policy on defending third-party subpoenas.
(b) If production would be appropriate if authorized, contact the Deputy Directors or
Heads of Independent Offices with responsibility for the information that is sought by
the demand, or their designees, for a determination as to whether production or
disclosure may be authorized.
(c) Request the DD/CIA to reach a determination in instances of demands not clearly
related to the responsibilities of any Deputy Director or Head of Independent Office.
(d) Inform the appropriate Department of Justice or U.S. Attorney and such other persons
as circumstances may warrant whenever a final decision is made with respect to
responding to the demand.
(3) Senior officials will:
(a) Immediately notify the General Counsel of any decision to approve or disapprove
production or disclosure in response to a demand.
(b) Any decision to disapprove a demand by a federal court or other federal entity for
production or disclosure shall be referred to the DD/CIA, who shall make the final
decision with the advice of the General Counsel.
e. PROCEDURE WHEN AN AGENCY DECISION IS NOT MADE PRIOR TO THE
TIME A RESPONSE TO THE DEMAND IS REQUESTED. If response to the demand
is required before an Agency decision is reached, the General Counsel will request the U.S.
Attorney, or such other attorney as may be designated for the purpose, to appear with the
employee of the Agency upon whom the demand has been made, furnish the court or other
authority with a copy of this regulation and of 32 C.F.R. Part 1905, and inform the court or
other authority as to the status of the demand. The court or other authority will be requested
to stay the demand pending resolution by the Agency.
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f. PROCEDURE IN THE EVENT OF AN ADVERSE RULING. If the court or other
authority declines to stay the effect of the demand in response to a request made in accordance
with this regulation, or if the court or other authority rules that the demand must be complied
with irrespective of a final decision by the DD/CIA not to produce the material or disclose the
information sought, the employee upon whom the demand has been made will, with the
assistance of an attorney from the Office of General Counsel and as authorized pursuant to the
Supreme Court decision in United States ex. rel. Touhy v. Ragen, 340 U.S. 462 (1951),
respectfully decline to comply with the demand.
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