EXECUTIVE ORDER NO. 12333 OF UNITED STATES INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10C02232R000100190004-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 22, 2016
• Document Release Date: May 5, 2011
• Sequence Number: 4
• Publication Date: December 4, 1981
• Content Type: REGULATION

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tion, but may receive
zed by law. Staff and
as authorized by the
ed.
RONALD REAGAN.
r .-V - r Yj'L_
Timely and accurate information about the activities, capabilities, plans, and inten-
tions of foreign powers, organizations, and persons, and their agents, is essential to
the national security of the United States. All reasonable and lawful means must
be used to ensure that the United States will receive the best intelligence available.
For that p se, by virtue of the authority vested in me by the Constitution and
statutes of t9e United States of America, including the National Security Act of
1947, as amended, and as President of the United States of America, in order to
provide for the effective conduct of United States intelligence activities and the pro-
tection of constitutional rights, it is hereby ordered as follows:
Part 1
Goals, Direction, Duties and Responsibilities With Respect to the National Intel-
ligence Effort
1.1 Goals. The United States intelligence effort shall provide the President and the
National Security Council with the necessary information on which to base decisions
concerning the conduct and development of foreign, defense and economic policy,
and the protection of United States national interests from foreign security threats.
All departments and agencies shall cooperate fully to fulfill this goal.
(a) Maximum emphasis should be given to fostering analytical competition among
appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this Order, and
with full consideration of the rights of United States persons, shall be used to de-
velop intelligence information for the President and the National Security Council.
A balanced approach between technical collection efforts and other means should be
maintained and encouraged.
(c) Special emphasis should be given to detecting and countering espionage and
other threats and activities directed by foreign intelligence services against the
United States Government, or United States corporations, establishments, or per-
sons.
(d) To the ;,reatest extent possible consistent with applicable United States law and
this Order, and with full consideration of the rights of United States persons, all
agencies and departments should seek to ensure full and free exchange of informa-
tion in order to derive maximum benefit from the United States intelligence effort.
1.2 The National Security Council.
(a) Purpose. The National Security Council (NSC) was established by the National
Security Act of 1947 to advise the President with respect to the integration of do-
mestic, foreign and military policies relating to the national security. The NSC shall
act as the highest Executive Branch entity that provides review of guidance for and
direction to the conduct of all national foreign intelligence, counterintelligence, and
special activities, and attendant policies and programs.
(b) Committees. The NSC shall establish such committees as may be necessary to
carry out its functions and responsibilities under this Order. The NSC, or a com-
mittee established by it, shall consider and submit to the President a policy rec-
ommendation, including all dissents, on each special activity and shall review pro-
posals for other sensitive intelligence operations.
1.3 National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. The Director of Central Intelligence shall establish
such boards, councils, or groups as required for the purpose of obtaining advice from
within the Intelligence Community concerning:
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EXECUTIVE ORDER NO. 12333 740
(1) Production, review and coordination of national foreign intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters a may be referred by the Director of Central Intelligence.
(b) Membership. Advisory groups established pursuant to this section shall be
chaired by the Director of Central Intelligence or his designated representative and
shall consist of senior representatives from organizations within the Intelligence
Community and from departments or agencies containing such organizations, as
designated by the Director of Central Intelligence. Groups for consideration of sub-
stantive intelligence matters will include representatives of organizations involved
in the collection, processing and analysis of intelligence. A senior representative of
the Secretary of Commerce, the Attorney General, the Assistant to the President for
National Security Affairs, and the Office of the Secretary of Defense shall be invited
to participate in any group which deals with other than substantive intelligence
matters.
1.4 The Intelligence Community. The agencies within the Intelligence Community
shall, in accordance with applicable United States law and with the other provisions
of this Order, conduct intelligence activities necessary for the conduct of foreign re-
lations and the protection of the national security of the United States, including:
(a) Collection of information needed by the President, the National Security Council,
the Secretaries of State and Defense, and other Executive Branch officials for the
performance of their duties and responsibilities;
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities to protect
against, intelligence activities directed against the United States, international ter-
rorist and international narcotics activities, and other hostile activities directed
against the United States by foreign powers, organizations, persons, and their
agents;
(d) Special activities;
(e) Administrative and support activities within the United States and abroad nec-
essary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct from time to time.
1.5 Director of Central Intelligence. In order to discharge the duties and responsibil-
ities prescribed by law, the Director of Central Intelligence shall be responsible di-
rectly to the President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on national foreign
intelligence and provide the President and other officials in the Executive Branch
with national foreign intelligence;
(b) Develop such objectives and guidance for the Intelligence Community as will en-
hance capabilities for responding to expected future needs for national foreign intel-
ligence;
(c) Promote the development and maintenance of services of common concern by des-
ignated intelligence organizations on behalf of the Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and counterintelligence ar-
rangements with foreign governments, coordinate foreign intelligence and counter-
intelligence relationships between agencies of the Intelligence Community and the
intelligence or internal security services of foreign governments, and establish proce-
dures governing the conduct of liaison by any department or agency with such serv-
ices on narcotics activities;
(f) Participate in the development of procedures approved by the Attorney General
governing criminal narcotics intelligence activities abroad to ensure that these ac-
tivities are consistent with foreign intelligence programs;
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(g) Ensure the e
and access stand
mation, and prod
(h) Ensure that i
and analytical pr
(i) Establish uni
transmission of c
fense concerning
for the transmiss
(j) Establish apps
execution of the
(k) Have full res
telligence, and ai
tion organization
priate mechanisr
view are conside
munity are brou?
(1) Ensure the ti
foreign intelligen
disseminated im:
mands;
(m) Establish m,
and priorities ap;
munity, resolve
having informati(
Intelligence Prog
ligence, and prov
required collectic
the President;
(n) Develop, with
Gies concerned, tl-
present it to the I
(o) Review and
ligence Program
Management and
(p) Monitor Nat:
essary, conduct p
(q) Together wit}
overlap between
intelligence prog~
ysis, and provide
essary for this pw
(r) In accordance
eral under this 0
intelligence, deve
Intelligence, rele-
agencies; and
(a) Facilitate the
cure manner.
1.6 Duties and R
Agencies.
(a) The heads of a
with law and red
Order, give the D
the national inte
ation to the requ
port for Intelliger
(b) The heads of
ligence Program
Central Intelliger.
 140
n intelligence;
m budget;
Lion;
ce matters;
tor of Central Intelligence.
it to this section shall be
signated representative and
ons within the Intelligence
ing such organizations, as
tps for consideration of sub-
es of organizations involved
A senior representative of
ssistant to the President for
y of Defense shall be invited
tan substantive intelligence
the Intelligence Community
nd with the other provisions
or the conduct of foreign re-
ie United States, including:
e National Security Council,
tive Branch officials for the
luct of activities to protect
ed States, international ter-
r hostile activities directed
nations, persons, and their
Lay direct from time to time.
e he duties and responsibil-
ence shall be responsible di-
he NSC on national foreign
als in the Executive Branch
rence Community as will en-
ds for national foreign intel-
a of common concern by des-
igence Community;
and counterintelligence ar-
ggnn intelligence and counter-
0.igence Community and the
nments, and establish proce-
nt or agency with such serv-
red by the Attorney General
Dad to ensure that these ac-
i;
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141 EXECUTIVE ORDER NO. 12333
(g) Ensure the establishment by the intelligence Community of common security
and access standards for managing and handling foreign intelligence systems, infor-
mation, and products;
(h) Ensure that programs are developed which protect intelligence sources, methods,
and analytical procedures;
(i) Establish uniform criteria for the determination of relative priorities for the
transmission of critical national foreign intelligence, and advise the Secretary of De-
fense concerning the communications requirements of the Intelligence Community
for the transmission of such intelligence;
(j) Establish appropriate staffs, committees, or other advisory groups to assist in the
execution of the Director's responsibilities;
(k) Have full responsibility for production and dissemination of national foreign in-
telligence, and authority to levy analytic tasks on departmental intelligence produc-
zations, ensuring that appro-
tion organizations, in consultation with those organi
priate mechanisms for competitive analysis are developed so that diverse points of
view are considered fully and differences of judgment within the Intelligence Com-
munity are brought to the attention of national policymakers;
(1) Ensure the timely exploitation and dissemination of data gathered by national
foreign intelligence collection means, and ensure that the resulting intelligence is
disseminated immediately to appropriate government entities and military com-
mands;
(m) Establish mechanisms which translate national foreign intelligence objectives
and priorities approved by the NSC into specific guidance for the Intelligence Com-
munity, resolve conflicts in tasking priority, provide to departments and agencies
having information collection capabilities that are not part of the National Foreign
Intelligence Program advisory tasking concerning collection of national foreign intel-
ligence, and provide for the development of plans and arrangements for transfer of
required collection tasking authority to the Secretary of Defense when directed by
the President;
(n) Develop, with the advice of the program managers and departments and agen-
cies concerned, the consolidated National Foreign Intelligence Program budget, and
present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National Foreign Intel-
ligence Program funds, in accordance with guidelines established by the Office of
Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and, as nec-
essary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no unnecessary
overlap between national foreign intelligence programs and Department of Defense
intelligence programs consistent with the requirements to develop competitive anal-
ysis, and provide to and obtain from the Secretary of Defense all information nec-
essary for this purpose;
(r) In accordance with law and relevant procedures approved by the Attorney Gen-
eral under this Order, give the heads of the departments and agencies access to all
intelligence, developed by the CIA or the staff elements of the Director of Central
Intelligence, relevant to the national intelligence needs of the departments and
agencies; and
(s) Facilitate the use of national foreign intelligence products by Congress in a se-
cure manner.
1.6 Duties and Responsibilities of the Heads of Executive Branch Departments and
Agencies.
(a) The heads of all Executive Branch departments and agencies shall, in accordance
with law and relevant procedures approved by the Attorney General under this
Order, give the Director of Central Intelligence access to all information relevant to
the national intelligence needs of the United States, and shall give due consider-
ation to the requests from the Director of Central Intelligence for appropriate sup-
port for Intelligence Community activities.
(b) The heads of departments and agencies involved in the National Foreign Intel-
ligence Program shall ensure timely development and submission to the Director of
Central Intelligence by the program managers and heads of component activities of
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EXECUTIVE ORDER NO. 12333 742
proposed national programs and budgets in the format designated by the Director
of Central Intelligence, and shall also ensure that the Director of Central Intel-
ligence is provided, in a timely and responsive manner, all information necessary
to perform the Director's program and budget responsibilities.
(c) The heads of departments and agencies involved in the National Foreign Intel-
ligence Program may appeal to the President decisions by the Director of Central
Intelligence on budget or reprogramming matters of the National Foreign Intel-
ligence Program.
1.7 Senior Officials of the Intelligence Community. The heads of departments and
agencies with organizations in the Intelligence Community or the heads of such or-
ganizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws by
employees and of specified federal criminal laws by any other person as provided
in procedures agreed upon by the Attorney General and the head of the department
or agency concerned, in a manner consistent with the protection of intelligence
sources and methods, as specified in those procedures;
(b) In any case involving serious or continuing breaches of security, recommend to
the Attorney General that the case be referred to the FBI for further investigation;
(c) Furnish the Director of Central Intelligence and the NSC, in accordance with ap-
plicable law and procedures approved by the Attorney General under this Order, the
information required for the performance of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep the Director of Central In-
telligence appropriately informed, concerning any intelligence activities of their or-
ganizations that they have reason to believe may be unlawful or contrary to Execu-
tive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthorized dis-
closure consistent with guidance from the Director of Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments under arrangements
established or agreed to by the Director of Central Intelligence;
(g) Participate in the development of procedures approved by the Attorney General
governing production and dissemination of intelligence resulting from criminal nar-
cotics intelligence activities abroad if their departments, agencies, or organizations
have intelligence responsibilities for foreign or domestic narcotics production and
trafficking;
(h) Instruct their employees to cooperate fully with the Intelligence Oversight
Board; and
(i) Ensure that the Inspectors General and General Counsels for their organizations
have access to any information necessary to perform their duties assigned by this
Order.
1.8 The Central Intelligence Agency. All duties and responsibilities of the CIA shall
be related to the intelligence functions set out below. As authorized by this Order,
the National Security Act of 1947, as amended; the CIA Act of 1949, as amended;
appropriate directives or other applicable law, the CIA shall;
(a) Collect, produce and disseminate foreign intelligence and counterintelligence, in-
cluding information not otherwise obtainable. The collection of foreign intelligence
or counterintelligence within the United States shall be coordinated with the FBI
as required by procedures agreed upon by the Director of Central Intelligence and
the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign aspects of narcotics pro-
duction and trafficking;
(c) Conduct counterintelligence activities outside the United States and, without as-
suming or performing any internal security functions, conduct counterintelligence
activities within the United States in coordination with the FBI as required by pro-
cedures agreed upon the Director of Central Intelligence and the Attorney General;
(d) Coordinate counterintelligence activities and the collection of information not
otherwise obtainable when conducted outside the United States by other depart-
ments and agencies;
(e) Conduct special activities approved by the President. No agency except the CIA
(or the Armed Forces of the United States in time of war declared by Congress or
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durir
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743 EXECUTIVE ORDER NO. 12333
3ignated by the Director
irector of Central Intel-
11 information necessary
s.
National Foreign Intel-
the Director of Central
National Foreign Intel-
ads of departments and
or the heads of such or-
ederal criminal laws by
Cher person as provided
head of the department
rotection of intelligence
security, recommend to
or further investigation;
., in accordance with ap-
?al under this Order, the
duties;
Director of Central In-
ce activities of their or-
iel or contrary to Execu-
s from unauthorized dis-
1 Intelligence;
nts under arrangements
ce;
>y the Attorney General
lting from criminal nar-
encies, or organizations
arcotics production and
s for their organizations
duties assigned by this
bilities of the CIA shall
ithorized by this Order;
.t of 1949, as amended;
. counterintelligence, in-
i of foreign intelligence
ordinated with the FBI
ventral Intelligence and
States and, without as-
iuct counterintelligence
FBI as required by pro-
d the Attorney General;
Lion of information not
fates by other depart-
agency except the CIA
leclared by Congress or
(,-? ~,4 1 %~
during any period covered by a report from the President to the Congress under the
War Powers Resolution (87 Stat. 855)) may conduct any special activity unless the
President determines that another agency is more likely to achieve a particular ob-
jective;
(f) Conduct services of common concern for the Intelligence Community as directed
by the NSC;
(g) Carry out or contract for research, development and procurement of technical
systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities, information, property, and em-
ployees by appropriate means, including such-investigations of applicants, employ-
ees, contractors, and other persons with similar associations with the CIA as are
necessary; and
(i) Conduct such administrative and technical support activities within and outside
the United States as are necessary to perform the functions described in sections
(a) and through (h) above, including procurement and essential cover and propri-
etary arrangements.
1.9 The Department of State. The Secretary of State shall:
(a) Overtly collect information relevant to United States Foreign policy concerns;
(b) Produce and disseminate foreign intelligence relating to United States foreign
policy as required for the-execution of the Secretary's responsibilities;
(c) Disseminate, as appropriate, reports received from United States diplomatic and
consular posts;
(d) Transmit reporting requirements of the Intelligence Community to the Chiefs of
United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory responsibilities for di-
rection and coordination of mission activities.
1.10 The Department of the Treasury. The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the Department of State in the overt collection of general for-
eign economic information;
(c) Produce and disseminate foreign intelligence relating to United States economic
policy as required for the execution of the Secretary's responsibilities; and
(d) Conduct, through the United States Secret Service, activities to determine the
existence and capability of surveillance equipment being used against the President
of the United States, the Executive Office of the President, and, as authorized by
the Secretary of the Treasury, or the President, other Secret Service protectees and
United States officials. No information shall be acquired intensionally through such
activities except to protect against such surveillance, and those activities shall be
conducted pursuant to procedures agreed upon by the Secretary of the Treasury and
the Attorney General.
1.11 The Department of Defense. The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to collection tasking by
the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-related foreign intel-
ligence and counterintelligence as required for execution of the Secretary's respon-
sibilities;
(c) Conduct programs and missions necessary to fulfill national, departmental and
tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of Department of Defense com-
ponents outside the United States in coordination with the CIA, and within the
United States in coordination with the FBI pursuant to procedures agreed upon by
the Secretary of Defense- and the Attorney General;
(e) Conduct, as the executive agent of the United States Government, signals intel-
ligence and communications security activities, except as otherwise directed by the
NSC;
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EXECUTIVE ORDER NO. 12333 .744
(f) Provide for the timely transmission of critical intelligence, as defined by the Di-
rector of Central Intelligence, within the United States Government;
(g) Carry out or contract for research, development and procurement of technical
systems and devices relating to authorized intelligence functions;
(h) Protect the security of Department of Defense installations, activities, property,
information, and employees by appropriate means, including such investigations of
applicants, employees, contractors, and other persons with similar associations with
the Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships and military intel-
ligence exchange programs with selected cooperative foreign defense establishments
and international organizations, and ensure that such relationships and programs
are in accordance with policies formulated by the Director of Central Intelligence;
(j) Direct, operate, control and provide fiscal management for the National Security
Agency and for defense and military intelligence and national reconnaissance enti-
tles; and
(k) Conduct such administrative and technical support activities within and outside
the United States as are necessary to perform the functions described in sections
(a) through (j) above.
1.12 Intelligence Components Utilized by the Secretary of Defense. In carrying out
the responsibilities assigned in section 1.11, the Secretary of Defense is authorized
to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include;
(1) Collection, production, or, through tasking and coordination, provision of military
and military-related intelligence for the Secretary of Defense, the Joint Chiefs of
Staff, other Defense components, and, as appropriate, non-Defense agencies;
(2) Collection and provision of military intelligence for national foreign intelligence
and counterintelligence products;
(3) Coordination of all Department of Defense intelligence collection requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence staff support as directed
by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization for signals intel-
ligence activities, except for the delegation of operational control over certain oper-
ations that are conducted through other elements of the Intelligence Community. No
other department or agency may engage in signals intelligence activities except pur-
suant to a delegation by the Secretary of Defense;
(2) Control of signals intelligence collection and processing activities, including as-
signment of resources to an appropriate agent for such periods and tasks as re-
quired for the direct support of military commanders;
(3) Collection of signals intelligence information for national foreign intelligence pur-
poses in accordance with guidance from the Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence purposes
in accordance with guidance from the Director of Central Intelligence;
(5) Dissemination of signals intelligence information for national foreign intelligence
purposes to authorized elements of the Government, including the military services,
in accordance with guidance from the Director of Central Intelligence.
(6) Collection, processing and dissemination of signals intelligence information for
counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of military operations
in irdance with tasking, priorities, and standards of timeliness assigned by the
Secretary of Defense. If provisions of such support requires use of national collection
systems, these systems will be tasked within existing guidance from the Director
of Central Intelligence.
(8) Executing the responsibilities of the Secretary of Defense as executive agent for
the communications security of the United States Government;
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(9) Conduct of
signals intellig
(10) Protectior
and employee:
employees, co,
as are necessa
(11) Prescribir
ering operatin
signals intelli
elements unde
pervisory cont
(12) Conduct c
Purposes cond
tral Intelligent
(13) Conduct c
side the Unite
tions (1) throu
(c) Offices for
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(1) Carrying c
(2) Responding
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(3) Delegating
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(d) The forei'gr.
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(1) Collection,
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guidance from
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with the CIA,
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(2) Conduct of
tion with the
(3) Monitoring
ligence system
test and evaluz
(e) Other ofce_
telligence miss'
other offices ar
shall apply to t
1.13 The Depar
(a) Participate
respect to forei
(b) Produce ar
sponsibilities;
(c) Participate
where the spec
(d) Provide ex
within the Into
1.14 The Fede
General and p
the Director of
(a) Within the
intelligence act
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cal intelligence, as defined by the Di-
d States Government;
oppment and procurement of technical
dligence functions;
,rise installations, activities, property,
cans, including such investigations of
)ersons with similar associations with
rice relationships and military intel-
~rative foreign defense establishments
hat such relationships and programs
the Director of Central Intelligence;
ianagement for the National Security
ice and national reconnaissance enti-
support activities within and outside
n the functions described in sections
Secretary of Defense. In carrying out
1e Secretary of Defense is authorized
oilities shall include;
ind coordination, provision of military
.tary of Defense, the Joint Chiefs of
priate, non-Defense agencies;
;ence for national foreign intelligence
intelligence collection requirements;
S and
rintelligence staff support as directed
lities shall include:
unified organization for signals intel-
operational control over certain oper-
its of the Intelligence Community. No
pals intelligence activities except pur-
se;
id processing activities, including as-
t for such periods and tasks as re-
nders;
i for national foreign intelligence pur-
ector of Central Intelligence;
national foreign intelligence purposes
of Central Intelligence;
cation for national foreign intelligence
went, including the military services,
of Central Intelligence.
f signals intelligence information for
it the conduct of military operations
ndards of timeliness assigned by the
ort requires use of national collection
existing guidance from the Director
try of Defense as executive agent for
as Government;
745 EXECUTIVE ORDER NO. 12333
(9) Conduct of research and development to meet the needs of the United States for
signals intelligence and communications security;
(10) Protection of the security of its installations, activities, property, information,
and employees by appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar associations with the NSA
as are necessary;
(11) Prescribing, within its field or authorized operations, security relations cov-
ering operating practices, including the transmission, handling and distribution of
signals intelligence and communications security material within and among the
elements under control of the Director of the NSA, and exercising the necessary su-
pervisory control to ensure compliance with the regulations;
(12) Conduct of foreign cryptologic liaison relationships, with liaison for intelligence
purposes conducted in accordance with policies formulated by the Director of Cen-
tral Intelligence; and
(13) Conduct of such administrative and technical support activities within and out-
side the United States as are necessary to perform the functions described in sec-
tions (1) through (12) above, including procurement.
(c) Of ices for the collection of specialized intelligence through reconnaissance pro-
grams, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized intelligence;
(2) Responding to tasking in accordance with procedures established by the Director
of Central Intelligence; and
(3) Delegating authority to the various departments and agencies for research, de-
velopment, procurement, and operations of designated means of collection.
(d) The foreign intelligence and counterintelligence elements of the Army, Navy, Air
Force, and Marine Corps, whose responsibilities shall include:
(1) Collection, production and dissemination of military and military-related foreign
intelligence and counterintelligence, and information on the foreign aspects of nar-
cotics production and trafficking. When collection is conducted in response to na-
tional foreign intelligence requirements, it will be conducted in accordance with
guidance from the Director of Central Intelligence. Collection of national foreign in-
telligence, not otherwise obtainable, outside the United States shall be coordinated
with the CIA, and such collection within the United States shall be coordinated with
the FBI;
(2) Conduct of counterintelligence activities outside the United States in coordina-
tion with the CIA, and within the United States in coordination with the FBI; and
(3) Monitoring of the development, procurement and management of tactical intel-
ligence systems and equipment and conducting related research, development, and
test and eva.uation activities.
(e) Other offices within the Department of Defense appropriate for conduct of the in-
telligence missions and responsibilities assigned to the Secretary of Defense. If such
other offices are used for intelligence purposes, the provisions of Part 2 of this Order
shall apply to those offices when used for those purposes.
1.13 The Department of Energy. The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting information with
respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the Secretary's re-
sponsibilities;
(c) Participate in formulating intelligence collection and analysis requirements
where the special expert capability of the Department can contribute; and
(d) Provide expert technical, analytical and research capability to other agencies
within the Intelligence Community.
1.14 The Federal Bureau of Investigation. Under the supervision of the Attorney
General and pursuant to such regulations as the Attorney General may establish,
the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate counter-
intelligence activities of other agencies within the Intelligence Community. When a
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EXECUTIVE ORDER NO. 12333 746
counterintelligence activity of the FBI involves military or civilian personnel of the
Department of Defense, the FBI shall coordinate with the Department of Defense;
(b) Conduct counterintelligence "activities outside the United States in coordination
with the CIA as required by procedures agreed upon by the Director of Central In-
telligence and the Attorney General;
(c) Conduct within the United States, when requested by ofoials of the Intelligence
Community designated by the President, activities undertaken to'collect foreign in-
telli~ence or support foreign . intelligence collection
within the Intelligence Community, or, when requested by the D of other agenNas
tional Security Agency, to support the communications uactv of the Na-
United States Government;tY activities of the
(d) Produce and disseminate foreign intelligence -and counterintelligence; and
(e) Carry out or contract for research, development and procurement of technical
systems and devices relating to the functions authorized above.
Part 2
Conduct of Intelligence Activities
2.1 Need. Accurate and timely information about the capabilities, intentions and ac-
tivities of foreign powers, organizations, or persons and their agents is essential to
informed decisionmakin- in the areas of national defense and foreign relations. Col-
lection of such information is a priority objective and will be pursued in a vigorous,
innovative and responsible manner that is consistent with the Constitution and ap-
plicable law and respectful of the principles upon which the United States was
founded.
2.2 Purpose. This Order is intended to enhance human and technical collection tech-
niques, especially those undertaken abroad, and the acquisition of significant foreign
intelligence, as well as the detection and countering of international terrorist activi-
ties and espionage conducted by foreign powers. Set forth below are certain general
principles that, in addition to and consistent with applicable laws, are intended to
achieve the proper balance between the acquisition of essential information and pro-
tection of individual interests. Nothing in this Order shall be construed to apply to
or interfere with any authorized civil or criminal law enforcement responsibility of
any department or agency.
2.3 Collection of Information. Agencies within the Intelligence Community are au-
thorized to collect, retain or disseminate information concerning United States per-
sons only in accordance with procedures established by the head of the agency con-
cerned and approved by the Attorney General, consistent with the authorities pro-
vided by Part 1 of this Order. Those procedures shall permit collection, retention
and dissemination of the following types of information:
(a) Information that is publicly available or collected with the consent of the person
concerned;
(b) Information constituting foreign intelligence or counterintelligence, including
such information concerning corporations or other commercial organizations. Collec-
tion within the United States of foreign intelligence not otherwise obtainable shall
be undertaken by the FBI or, when significant foreign intelligence is sought, by
other authorized agencies of the Intelligence Community, provided that no foreign
intelligence collection by such agencies may be undertaken for the purpose of acquir-
ing information concerning the domestic activities of United States
(c) Information obtained in the course of a lawful foreign ersonu;
ligence, international narcotics or international terrorisinvestg do ; conterintel-
(d) Information needed to protect the safety of any persons or organizations, includ-
ing those who are targets, victims or hostages of international terrorist organiza-
tions;
(e) Information needed to protect foreign intelligence or counterintelligence sources
or methods from unauthorized disclosure. Collection within the United States shall
be undertaken by the FBI except that other agencies of the Intelligence Community
may also collect such information concerning present or former employees, present
or former intelligence agency contractors or their present or former employees, or
applicants for any such employment or.eontracting;
(f) Information concerning persons who are reasonably believed to -be potential
sources or contacts for the purpose of determining their suitability or credibility;
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(g) Information arisir
rity investigation;
(h) Information acqui
States persons;
(i) Incidentally obtain
may violate federal, s-
0) Information necess
In addition, agencies
tion, other than infor
agency within the In
agency to determine
can be retained by it.
2.4 Collection Technic,
least intrusive collect
against United States
niques as electronic
physical surveillance,
cedures established bN
ney General. Such prc
limit use of such infc
shall not authorize:
(a) The CIA to engage
the purpose of trainin.
surveillance;
(b) Unconsented physi
FBI, except for:
k1) Searches by counte
military personnel wi
when authorized by a
for law enforcement pt
such persons are actin.
(2) Searches by CIA o
its possession.
(c) Physical surveillant
other than the FBI, ex
(1) Physical surveillan
ligence agency contrac-
any such employment c
(2) Physical surveillant
of a military service.
(d) Physical surveillant
ligence, except to obtai
by other means.
2.5 Attorney General A.
to approve the use for
United States person
quired if undertaken fc
shall not be undertake
that there is probable
eign power or an agent
Foreign Intelligence Su
that Act, as well as thi-
2.6 Assistance to Law
Community are authori
(a) Cooperate with apr
testing the employment
the Intelligence Commu
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"I HI
NO. 12333
147 EXECUTIVE ORDER NO. 12333
3 military or civilian personnel of the
ate with the Department of Defense;
de the United States in coordination
I upon by the Director of Central In-
guested by officials of the Intelligence
ties undertaken to collect foreign in-
requirements
ed of ot -equest by the Director of thenNa-
unications security activities of the
and counterintelligence; and
invent and procurement of technical
thorized above.
t the capabilities, intentions and sc-
ions and their agents is essential to
Il defense and foreign relations. Col-
and will be pursued in a vigorous,
stent -with the Constitution and ap-
ipon which the United States was
luman and technical collection tech-
the acquisition of significant foreign
ing of international terrorist activi-
Set forth below are certain general
th applicable laws, are intended to
~n of essential information and pro-
'rder shall be construed to apply to
1 law enforcement responsibility of
ie Intelligence Community are au-
.tion concerning United States per-
ked by the head of the agency con-
onsistent with the authorities pro-
; shall permit collection, retention
.ation:
ted with the consent of the person
or counterintelligence, including
'commercial organizations. Collec-
ace not otherwise obtainable shall
foreign intelligence is sought, by
3munity, provided that no foreign
lertaken for the purpose of acquir-
of United States persons;
foreign intelligence, counterintel-
rorism investigation;
persons or organizations, includ-
international terrorist organiza-
Ice or counterintelligence sources
)n within the United States shall
es of the Intelligence Community
ent or former employees, present
present or former employees, or
onably believed to be potential
heir suitability or credibility;
(g) Information arising out of a lawful personnel, physical or communications secu-
rity investigation;
(h) Information acquired by overhead reconnaissance not directed at specific United
States persons;
(i) Incidentally obtained information that may indicate involvement in activities that
may violate federal, state, local or foreign laws; and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may disseminate informa-
tion, other than information derived from signals intelligence, to each appropriate
agency within the Intelligence Community for purposes of allowing the recipient
agency to determine whether the information is relevant to its responsibilities, and
can be retained by it.
2.4 Collection Techniques. Agencies within the Intelligence Community shall use the
least intrusive collection techniques feasible within the United States or directed
against United States persons abroad. Agencies are not authorized to use such tech-
niques as electronic surveillance, unconsented physical search, mail surveillance,
physical surveillance, or monitoring devices unless they are in accordance with pro-
cedures established by the head of the agency concerned and approved by the Attor-
ney General. Such procedures shall protect constitutional' and other legal rights and
limit use of such information to lawful governmental purposes. These procedures
shall not authorize:
(a) The CIA to engage in electronic surveillance within the United States except for
the purpose of training, testing, or conducting countermeasures to hostile electronic
surveillance;
(b) Unconsented physical searches in the United States by agencies other than the
FBI, except for:
(1) Searches by counterintelligence elements of the military services directed against
military personnel within the United States or abroad or intelligence purposes,
when authorized by a military commander empowered to approve physical searches
for law enforcement purposes, based upon a finding of probable cause to believe that
such persons are acting as agents of foreign powers; and
(2) Searches by CIA of personal property of non-United States persons lawfully in
its possession.
(c) Physical surveillance of a United States person in the United States by agencies
other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or former intel-
ligence agency contractors or their present of former employees, or applicants for
any such employment or contracting; and
(2) Physical surveillance of a military person employed by a nonintelligence element
of a military service.
(d) Physical surveillance of a United States person abroad to collect foreign intel-
ligence, except to obtain significant information that cannot reasonably be acquired
by other means.
2.5 Attorney General Approval. The Attorney General hereby is delegated the power
to approve the use for intelligence purposes, within the United States or against a
United States person abroad, of any technique for which a warrant would be. re-
quired if undertaken for law enforcement purposes, provided that such techniques
shall not be undertaken unless the Attorney General has determined in each case
that there is probable cause to believe that the technique is directed against a for-
eign power or an agent of a foreign power. Electronic surveillance, as defined in the
Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with
that Act, as well as this Order.
2.6 Assistance to Law Enforcement Authorities. Agencies within the Intelligence
Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose of pro-
tecting the employment, information, property and facilities of any agency within
the Intelligence Community;
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EXECUTIVE ORDER NO. 12333 148
(b) Unless otherwise precluded by law or this Order, participate in law enforcement
activities to investigate or prevent clandestine intelligence activities by foreign pow-
ers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance of expert per-
sonnel for use by any department or agency, or, when lives are endangered, to sup-
port local law enforcement agencies. Provision of assistance by expert personnel
shall be approved in each case by the General Counsel of the providing agency; and
(d) Render any other assistance and cooperation to law enforcement authorities not
precluded by applicable law.
2.7 Contracting. Agencies within the Intelligence Community are authorized to
enter into contracts or arrangements for the provision of goods or services with pri-
vate companies or institutions in the United States and need not reveal the sponsor-
ship of such contracts or arrangements for authorized intelligence purposes. Con-
tracts or arrangements with academic institutions may be undertaken only with the
consent of appropriate officials of the institution.
2.8 Consistency With Other Laws. Nothing in this Order shall be construed to au-
thorize any activity in violation of the Constitution or statutes of the United States.
2.9 Undisclosed Participation in Organizations Within the United States. No one act-
ing on behalf of agencies within the Intelligence Community may join or otherwise
participate in any organization in the United States on behalf of any agency within
the Intelligence Community without disclosing his intelligence affiliation to appro-
priate officials of the organization, except in accordance with procedures established
by the head of the agency concerned and approved by the Attorney General. Such
participation shall be authorized only if it is essential to achieving lawful purposes
as determined by the agency head or designee. No such participation may be under-
taken for the purpose of influencing the activity of the organization or its members
except in cases where:
(a) The participation is undertaken on behalf of the FBI in the course of a lawful
investigation; or
(b) The organization concerned is composed primarily of individuals who are not
United States persons and is reasonably believed to be acting on behalf of a foreign
power.
2.10 Human Experimentation. No agency within the Intelligence Community shall
sponsor, contract for or conduct research on human subjects except in accordance
with guidelines issued by the Department of Health and subjects Services. The sub-
ject's informed consent shall be documented as required by those guidelines.
2.11 Prohibition on Assassination. No person employed by or acting on behalf of the
United States Government shall engage in, or conspire to engage in, assassination.
2.12 Indirect Participation. No agency of the Intelligence Community shall partici-
pate in or request any person to undertake activities forbidden by this Order.
Part 3
General Provisions
3.1 Congressional Oversight. The duties and responsibilities of the Director of Cen-
tral Intelligence and the heads of other departments, agencies, and entities engaged
in intelligence activities to cooperate with the Congress in the conduct of its respon-
sibilities for oversight of intelligence activities shall be as provided in title 50,
United States Code, section 413. The requirements of section 662 of the Foreign As-
sistance Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the National
Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special activities
as defined in this Order.
3.2 Implementation. The NSC, the Secretary of Defense, the Attorney General, and
the Director of Central Intelligence shall issue such appropriate directives and pro-
cedures as are necessary to implement this Order. Heads of agencies within the In-
telligence Community shall issue appropriate supplementary directives and proce-
dures consistent with this Order. The Attorney General shall provide a statement
of reasons for not approving any procedures established by the head of an agency
in the Intelligence Community other than the FBI. The National Security Council
may establish procedures in instances where the agency head and the Attorney Gen-
eral are unable to reach agreement on other than constitutional or other legal
grounds.
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749
3.3 Procedures. Unt
the activities herein
cordance with exist
Order No. 12036. Pi
tiously as possible.
made available to th
3.4 Definitions. For
meanings:
(a) Counterintelliger
tact against espiona
ducted for or on bel
terrorist activities, '
tions security progr.-
(b) Electronic survei
tronic means withot
nication or, in the c
person who is visab
use of radio directio
mitter.
(c) Employee means
in the Intelligence C
(d) Foreign intellig(
and activities of for(
intelligence except f.
(e) Intelligence acti,
Community are aut:
(f) Intelligence Com
the following agenci
(1) The Central Into
(2) The National Se,
(3) The Defense Int(
(4) The offices withi
tional foreign intelli
(5) The Bureau of Ir
(6) The intelligence
Federal Bureau of I.
partment of Energy:
(7) The staff elemer-
(g) The National F(
but its composition
modification by the
(1) The programs of
(2) The Consolidat(
gram, and the prog,
lection of specialize
such elements as tl
agree should be exc!
(3) Other programs
1 by the Director c
President as nation,
(4) Activities of the
(5) Activities to ac(
tactical operations
tional Foreign Intel
(h) Special activitie,
objectives abroad w
States Government
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12333 148
er, participate in law enforcement
Iligence activities by foreign pow-
edge, or assistance of expert per-
hen lives are endangered, to sup-
f assistance by expert personnel
insel of the providing agency; and
law enforcement authorities not
e Community are authorized to
;ion of goods or services with pri-
and need not reveal the sponsor-
rized intelligence purposes. Con-
may be undertaken only with the
Order shall be construed to au-
or statutes of the United States.
`cin the United States. No one act-
'ommunity may join or otherwise
~s on behalf of any agency within
intelligence affiliation to appro-
ance with procedures established
1 by the Attorney General. Such
tial to achieving lawful purposes
such participation may be under-
the organization or its members
irily of individuals who are not
i be acting on behalf of a foreign
ie Intelligence Community shall
in subjects except in accordance
I and Human Services. The sub-
ired by those guidelines.
yed by or acting on behalf of the
pire to engage in, assassination.
igence Community shall partici-
; forbidden by this Order.
sibilities of the Director of Cen-
a, agencies, and entities engaged
.ess in the conduct of its respon-
.all be as provided in title 50,
of section 662 of the Foreign As-
and section 501 of the National
call apply to all special activities
ense, the Attorney General, and
appropriate directives and pro-
3eads of agencies within the In-
lementary directives and proce-
neral shall provide a statement
ished by the head of an agency
The National Security Council
ncy head and the Attorney Gen-
n constitutional or other legal
149 EXECUTIVE ORDER NO. 12333
3.3 Procedures. Until the procedures required by this Order have been established,
the activities herein authorized which require procedures shall be conducted in ac-
cordance with existing procedures or requirements established under Executive
Order No. 12036. Procedures required by this Order shall be established as expedi-
tiously as possible. All procedures promulgated pursuant to this Order shall be
made available to the congressional intelligence committees.
3.4 Definitions. For the purposes of this Order, the following terms shall have these
meanings:
(a) Counterintelligence means information gathered and activities conducted to pro-
tect against espionage, other intelligence activities, sabotage, or assassination; con-
ducted for or on behalf of foreign powers, organizations or persons, or inter*..ittional
terrorist activities, but not including personnel, physical, document or communica-
tions security programs.
(b) Electronic surveillance means acquisition of a nonpublic communication by elec-
tronic means without the consent of a person who is a party to an electronic commu-
nication or, in the case of a nonelectronic communication, without the consent of a
person who is visably present at the place of communication, but not including the
use of radio direction-finding equipment solely to determine the location of a trans-
mitter.
(c) Employee means a person employed by, assigned to or acting for an agency with-
in the Intelligence Community.
(d) Foreign intelligence means information relating to the capabilities, intentions
and activities of foreign powers, organizations or persons, but not including counter-
intelligence except for information on international terrorist activities.
(e) Intelligence activities means all activities that agencies within the Intelligence
Community are authorized to conduct pursuant to this Order.
(f) Intelligence Community and agencies within the Intelligence Community refer to
the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the collection of specialized na-
tional foreign intelligence through reconnaissance programs;
(5) The Bureau of Intelligence and Research of the Department of State;
(6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps, the
Federal Bureau of Investigation (FBI), the Department of the Treasury, and the De-
partment of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the programs listed below,
but its composition shall be subject to review by the National Security Council and
modification by the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense Intelligence Pro-
gram, and the programs of the offices within the Department of Defense for the col-
lection of specialized national foreign intelligence through reconnaissance, except
such elements as the Director of Central Intelligence and the Secretary of Defense
agree should be excluded;
(3) Other programs of agencies within the Intelligence Community designated joint-
(y by the Director of Central Intelligence and the head of the department or by the
President as national foreign intelligence or counterintelligence activities;
(4) Activities of the staff elements of the Director of Central Intelligence;
(5) Activities to acquire the intelligence required for the planning and conduct of
tactical operations by the United States military forces are not included in the Na-
tional Foreign Intelligence Program.
(h) Special activities mean activities conducted in support of national foreign policy
objectives abroad which are planned and executed so that the role of the United
States Government is not apparent or acknowledged publicly, and functions in sup-
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EXECUTIVE ORDER NO. 12333 750
port of such activities, but which are not intended to influence United States polit-
ical processes, public opinion, policies, or media and do not include diplomatic activi-
ties or the collection and production of intelligence or related support functions.
(i) United States person means a United States citizen, an alien known by the intel-
ligence agency concerned to be a permanent resident alien, an unincorporated asso-
ciation substantially composed of United States citizens or permanent resident
aliens, or a corporation incorporated in the United States, except for a corporation
directed and controlled by a foreign government or-governments.
3.5 Purpose and Effect. This Order is intended to control and provide direction and
guidance to the Intelligence Community. Nothing contained herein or in any proce-
dures promulgated hereunder is intended to confer any substantive or procedural
right or privilege on any person or organization.
3.6 Revocation. Executive Order No. 12036 of January 24, 1978, as amended, enti-
tled "United States Intelligence Activities," is revoked.
By the authority v
United States of A
by assuring the lei
dered as follows:
Section 1. There is
fice of the Preside
composed of three
of the President's
President as Chai
President and shai
tinguished citizen
achievement, expe
staff and consultar
Sec. 2. The Board
(a) Inform the Pre
lieves are in viola
orders, or Presides
(b) Forward to the
ties that the Boar(
(c) Review the int'
concerning the lav.
(d) Review the p
Counsel of the Int
tivities that may
tive; and
(e) Conduct such
Lions under this C
Sec. 3. The Boarc
dent. The Board E
identified by the I
other agencies of
propriate by the
ommendations to
cy, and other age:
Sec. 4. The head:
to the extent Pe!
to carry out its r
telligence Comm,
cerning intelliger
contrary to Execu
Sec. 5. Informatic
protection in aec,
Board, each mer.
execute an agree
of his or her ser
the President ME