PROPOSALS FOR CHANGE IN ATTORNEY GENERAL GUIDELINES FOR FOREIGN INTELLIGENCE COLLECTION AND FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08S00314R000100010003-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: August 22, 2012
• Sequence Number: 3
• Publication Date: December 21, 1981
• Content Type: MEMO

Declassified and Approved For Release 2012/11/19: CIA-RDPO8S00314R000100010003-4
Mr. Z. J. O'Aalley 12/11/81
J. X. Sturgis, Jr.
PROPOSALS FOR CHANGE IN ATTORNEY GENERAL
GUIDELINES FOR FOREIGN INTELLIGENCE COLLECTION
An FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS
(PCIG)
?riiro4E:
To present the suggestions of Intelligenee Division
(INTD) for modification of the FICO to (1) *enters certain
previsions to 4. O. 12333; (2) to change or eliminate provisions
no longer mandatory under S. 0. 12333; and (3) to simplify not
only the language but the format of existing gaidelines.
RECOMMENDATION:
That Legal Counsel Division (LCD) and Criminal
Investigative Division (CID) review the attached side-by-side
Guidelines and draft changes and explanations. Comments and
suggestions should be furnished to INTD Staff, Room 4843.
Enelosure
1 - Mr.
1 - Mr.
1 - Mr.
1 - Mr.
,1
J.
C.
E.
J.
A.
P.
J.
K.
Mintz
Monroe
O'Malley
Nolan, Jr.
5-. Mr.
Mr.
J.
R.
U.
W.
Notts
Gamts
1 - Mr.
J.
F.
Hemgemuhle
1 - Mr.
D.
K.
Pettus
1 - Mr.
J.
L.
Tierney
1 - Mr.
J.
N.
Sturgis, Jr.
JMS:taf
ROUTE IN ENVELOPE
CONTINUED - OVER
(10) saaa4 ATERIAL ATTACdED
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Declassified and Approved For Release 2012/11/19: CIA-RDPO8S00314R000100010003-4
Memorandum from J. M. 3turg1s, Jr.
to Ar. E. J. O'Malley
Re: Proposals for Change in Attorney General
Guidelines for Foreign Intellizence Collection
and Foreign Counterintelligence Investigations
(FCIO)
Dn'TAIL3:
On 12/4A1, the President eijned 0. 12333, to
replaes O. 12336 as the intelligence executive order. It
remains the duty of the Attorney General to establish regulations
for tae conduct by the F3I of foreign counterintelligence and
international terrorism' investigations and activities. 2. 0. 12333,
as did its predecessor, contains changes in some areas which
should likewise be ineOrpOrated in the ?CI:). Principal amonz
these is the change in the standard for dissemination of
information among intelligence agencies, the definition of
counterintelligence and the definition of U. S. persons.
Prtor to the effective date of E. O. 12333, INTD had been
reviewing the FCTG from the standpoint of improving the method of
presentation of the various sections in order to increase clarity
and ease of interpretation, as well as to eliminate redundancy
and legalistic language. It is noted that the current FCIG is
the result of a number of additions and some changes beginning in
1976, through the revision of Ray, 1910. There was a significant
chane in 1980 in the rigid language that was added throuahout
the document in addition to the changes mandated by 2. O. 12036.
The Attorney Gemmel sought our ideas on Guidelines
aodification in early 1980, but it was obvious that until a new
executive order was issued, any change suggested may have to again
be modified if the new executive order made fundamental changes.
ilaD nag therefore assembled its suggestions and awaited the
executive order.
ro assist tnu review of the proposed changes, in
addition to the brief explanation sheet attached, the following
general comments are added:
CONTIATEJ
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Declassified and Approved For Release 2012/11/19: CIA-RDPO8S00314R000100010003-4
Aemorandum from J. N. Sturgis, Jr.
to Kr. C. J. O'Malley
Re; Proposals for Change in Attorney General
Guidelines for Fortlin Intelligence Collection
and Foreign Counterintelligence Investigations
(Fca)
DETAILS: (CON 'D)
International Terrorism
Note that the definition of counterintelligence in
3.4(a) of E. O. 12333 removes "international terrorist activities'
from its former modifier "pursuant to the direction of a foreign
power." This confused the definition, but now terrorism stands
alone to be appropriately defined. E. O. 12333 dropped the
definition of "international terrorism" for brevity, and the PCIG
proposal is to add the PISA definition for consistency.
CID should also note the suggested ohanges in
diasenination occasioned by the more permissive intilligenee
eommunity rules in E. 0. 12333* as well as the broader authority
delegated to the Attorney General to approve starches for
international terrorism purposes.
Leal Counsel Division
LCD should examine the format and substantive chanes
in the section on physieal search, which were modified to eliminate
the language derived from ?residential Directive 19. ?residential
Directive 19 has been replaced by a general delegation to the
Attorney General in Section 2.5 of E. 0, 12333. The draft
proposals* while creating a system for Attorney General approval
of the search of real and personal property, requires that In
those circumstances where a warrant would be required in a criminal
context, the Attorney General may approve the &earth.
CONTINUED - OVER
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Declassified and Approved For Release 2012/11/19: CIA-RDPO8S00314R000100010003-4
Memorandum from J. M. Sturgis Jr.
to Mr. L. J. O'Malley
Re: Proposals for Change in Attorney General
Guidelines for Foreign Intelligence Collection
and Foreign Counterintelligence Investigations
(PCIG)
DLTAIL3: (CONT'D)
Two specific items to note; in the draft, the general
authority of the Attorney General to search residential property,
1.e., nondiplomatic or commercial property is keyed to the
requirements of the Foreign Intelligence 3urveillanee Act, on este-
Ulishinz an agent of a foreign power (including the 'criminal
standard for U. 3. persons), making the necessary connection
with a need to protect against hostile activities, and requiring
specific approval or physical entry. Also, in connection with
the search of personal property, the standards for Attorney
General approval are the same that currently exist. A provision
is added, however, that would specifically recognise the authority,
with Attorney General approval to search the vehicle of an official
of a criteria country under specified circumstances.
LCD should also examine the proposals for change in mail
cover language, the provisions relatine to undisclosed participation,
contracting with an academic institution and television cameras and
other monitoring.
A General Note
Reviewers should be aware that while the current
Guidelines appear on the left side of the pal..A and proposals 04
the right, in some instances language was dropped from the current
Guidelines as indicated by strike-outs, but the change was not
significant enough to transfer to the right side. The draft
proposals, therefore, Include elimination of language struck
from current Guidelinea as well elt. additions, as appear on the
right.
t
Declassified and Approved For Release 2012/11/19: CIA-RDPO8S00314R000100010003-4