REPORTING AND USE OF INFORMATION CONCERNING FEDERAL CRIMES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00914R001900170024-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 20, 2016
• Document Release Date: February 21, 2007
• Sequence Number: 24
• Publication Date: March 2, 1982
• Content Type: REGULATION

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REPORTING AND USE OF INFORMATION
CONCERNING FEDERAL CRIMES
I. Scope. Section 1-7(a) of Executive Order 12333
requires senior officials of the Intelligence Community to:
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.
These procedures govern the reporting of information concerning
possible federal crimes to the Attorney General and to federal
investigative agencies acquired by. agencies within the
Intelligence Community in the course of their functions. They
also govern the handling and use of such information by the
Department of Justice and federal investigative agencies in any
subsequent investigations or litigation. These procedures are
promulgated under the authority of 28 U.S.C. ? 535 and Executive
Order 12333, ? 1-7(a).
A. "Agency" means those agencies within the
Intelligence Community, as defined in Executive
Order 12333, ? 3-4(f) except for the
intelligence elements of the Federal Bureau of
Investigation and the Department of the
Treasury.
B. "Department" means the Department of Justice.
C. "Employee" means:
1. A staff employee or contract employee of an
Agency;
2. Former officers or employees of an Agency, for
purposes of offenses committed during their
employment; and
3. Former officers or employees of an Agency, for
offenses involving a violation of 18 U.S.C.
? 207.
D. Except as specifically provided otherwise, "General
Counsel" means the general counsel of the Agency or
the department of which it is a component or a person
designated by him to act on his behalf.
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III. General Considerations.
A. These procedures govern the reporting of information
which the Agency or its current employees become aware of
in the course of performing their functions. They do not
authorize the Agency to conduct any investigation or to
collect any information not otherwise authorized by law.
B. These procedures require a current employee of the
Agency to report to the General Counsel facts or cir-
cumstances that appear to the employee to indicate that a
criminal offense may have been committed. Reports to the
Department of Justice or to a federal investigative agency
will be made by the Agency as set forth below.
C. When an Agency has received allegations, complaints or
information [hereinafter "allegations"] tending to show
that an employee of that agency may have violated any
federal criminal statute, or another person may have
violated a federal criminal statute contained within one of
the categories listed in Section IV below, the Agency shall
within a reasonable period of time determine through a
preliminary inquiry whether or not there is any basis to
the allegations (that is, are clearly not frivolous or
false). If the allegations can be established as without
basis, the General Counsel will make an appropriate record
of his findings and no reporting under these procedures is
required. If the allegations cannot be established as
without basis, the reporting procedures set forth below
will be followed. A preliminary inquiry shall not include
interviews with persons other than current employees of the
Agency or examination of premises not occupied by the
Agency without the prior notification and approval of the
Department of Justice, except that the Agency may interview
a non-employee for the sole purpose of determining the
.truth of a report that such non-employee has made an
allegation or complaint against an Agency employee. The
foregoing provisions shall neither limit the techniques
which the Agency may otherwise be authorized to use, nor
limit the responsibility of the Agency to provide for its
security functions pursuant to Executive Order 12333.
D. Allegations shall be reported pursuant to the pro-
cedures in effect at the time the allegations came to the
attention of the Agency.,
E. Allegations that appear to involve crimes against
property and involve less than $500 need not be reported
pursuant to the procedures set forth below. The General
Counsel will, however, make an appropriate record of his
findings.
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F. In lieu of following the procedures set forth below,
the General Counsel may orally report periodically, but at
least quarterly, to the Department concerning those
offenses which, while subject to these reporting require-
ments, are in the opinion of the General Counsel of such a
minor nature that no further investigation or prosecution
of the matter is necessary. If an oral report is made, the
General Counsel will meet with the Assistant Attorney
General-or a designated Deputy Assistant Attorney General
of the Criminal. Division, Department of Justice to obtain
his concurrence or nonconcurrence with the General
Counsel's opinion. If such concurrence is obtained, no
further reporting under these procedures is required. If
concurrence is not obtained, the reporting procedures set
forth below will be followed.
IV. Non-Employee Reportable Offenses
A. Allegations concerning offenses in the following
categories are reportable, if they pertain to a person
other than an employee.
1. Crimes involving intentional infliction or threat
of death or serious physical harm. Such crimes
may include:
Assault -- 18 U.S.C. ?? 111-113(A)
Homicide -- 18 U.S.C. ?? 1111-14, 1116, 2113(e)
Kidnapping -- 18 U.S.C. ? 1201
Presidential assassination, assault or kidnapping
-- 18 U.S.C. ? 1751
Threats against the President and successors to
the President -- 18 U.S.C. ? 871
2. Crimes likely to impact upon the national
security, defense or foreign relations of the
United States. Such crimes may include:
Communicating classified information -- 50 U.S.C.
? 783(b)
Espionage -- 18 U.S.C. ?? 793-98
Sabotage -- 18 U.S.C. ?? 2151-57
Arms Export Control Act -- 22 U.S..C. ? 2778
Atomic Energy Act -- 42 U.S.C. ?? 2077, 2092,
2111, 2122.
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Export Administration Act -- 50 U.S.C. App.
? 2410
Neutrality offenses -- 18 U.S.C. ?? 956-60
Trading with the Enemy Act -- 50 U.S.G. App.
?~5(b), 16
Agents of foreign government --18 U.S.C. ? 951
Government employee acting for a foreign
principal -- 18 U.S.C. ? 219
Communication, receipt or disclosure of
restricted data -- 42 U.S.C. ? 2274-77
Registration of certain persons trained in
foreign espionage systems -- 50 U.S.C. ?? 851,
855.
Foreign Agents Registration Act -- 22 U.S.C. ?
618(a)
Unlawfully entering the United States -- 8 U.S.C.
? 1325
Any other offense not heretofore listed which is
contained within Chapter 45 of Title 18 U.S.C.
3. Crimes involving foreign interference with the
integrity of United States governmental
institutions or processes. Such crimes may
include, when committed by foreign persons:
Bribery of public officials and witnesses -- 18
U.S.C. ?? 201-208
Conspiracy to injure or impede an officer -- 18
U.S.C. ? 372
Election contributions and expenditures --
U.S.C. ?~ 441a-j, 599-600
4. Crimes which appear to have been committed by or
on behalf of a foreign power or in connection
with international terrorist activity. Such
crimes may include:
Aircraft piracy -- 49 U.S.C. ? 1472(i)
Distribution, possession, and use of explosives
-- 18 U.S.C. ?? 842(a) - (i)
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Unlawful electronic surveillance -- 18 U.S.C. ??
2511(1), 2512(1), 50 U.S.C. ?1809
Passport and visa offenses -- 18 U.S.C. ?? 1541-
44, 1546
Distribution, possession, transfer, and use of
firearms -- 18 U.S.C. ? 922, 924; 26 U.S.C. 5861
Transporting explosives on board aircraft -- 49
U.S.C. ~ 1472(h)
Conspiracy to injure or impede an officer -- 18
U.S.C. ? 372
Counterfeiting U.S. obligations -- 18 U.S.C. ?
471-74
False statements and false official papers -- 18
U.S.C. ?? 1001-02, 1017-18
Obstruction of justice -- 18 U.S.C. ?? 1503-06,
1508-10
Perjury -- 18 U.S.C. ? 1621-23
B. Any conspiracy or attempt to commit a crime reportable
under this section shall be reported if the conspiracy or
attempt itself meets the applicable reporting criteria.
C. The General Counsel will make an appropriate record of
any matter brought to his attention which he determines is
not reportable under this section.
D. Notwithstanding any of the provisions above, the
General Counsel may report any other possible offense when
he believes it should be reported.
V. Reporting Procedures -- Format
The fact that a referral has been made pursuant to these
procedures shall be reflected in a letter or memorandum sent by
the Agency to the entity designated to receive the referral
under these procedures. In each instance that a referral is
required, information sufficiently detailed to allow the
Department of Justice to make informed judgments concerning the
appropriate course of subsequent investigations or litigation
shall be transmitted, either orally or in writing, to the
Attorney General, the Assistant or a designated Deputy Assistant
Attorney General, Criminal Division, Department of Justice, or
the Assistant Director, Criminal Investigative' or Intelligence
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Division, Federal Bureau of Investigation. The Agency shall
supplement its referral when any additional information relating
to the original referral comes to its attention.
VI. Reporting Procedures -- No Security
Considerations Involved
A. Where the Agency determines in accordance with these
procedures that a matter must be reported, and where the
Agency further determines that no public disclosure of
classified information or intelligence sources and methods
would result from further investigation or prosecution, and
the security of ongoing intelligence operations would not
be jeopardized thereby, the Agency will report the matter
to the appropriate federal investigative agency, or to the
appropriate United States Attorney for an investigative or
prosecutive determination. In each such instance, the
Agency shall also notify the Department of Justice,
Criminal Division of the referral.
B. The Agency will inform the entity receiving such
report that, unless notified otherwise by the Agency or by
the Department, the security and consulting requirements
set forth in Section VII of these procedures need not be
followed..
C. A federal investigative agency or United States
Attorney receiving information from the Agency pursuant to
Section VI of these procedures is required promptly to
advise the Agency of the initiation and conclusion of any
investigation or prosecution involving such information.
VII. Reporting Procedures -- Security
Considerations Involved
A. Where the Agency determines in accordance with these
procedures that a matter must be reported, and where the
Agency also determines that further investigation or prose-
cution of the matter would or might result in a public dis-
closure of classified information or intelligence sources
or methods or would jeopardize the security of ongoing
intelligence operations, the Agency will report the matter
to the Assistant Attorney General or a designated Deputy
Assistant Attorney General, Criminal Division, Department
of Justice or Assistant Director, Criminal Investigative or
Intelligence Division, Federal Bureau of Investigation, in
the manner described in section V, above. In any instance
in which a matter is reported to the Federal Bureau of
Investigation, the Agency shall also notify the Department
of Justice, Criminal Division of the referral. Upon
request, the Agency will explain the security or
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operational problems that would or might arise from a
criminal investigation or prosecution.
B. Persons who are the subject of reports made pursuant
to this section may be,identified as John Doe # in
any written document associated therewith. The true
identities of such persons will be made available when the
Department of Justice determines that they are essential to
any subsequent investigation or prosecution of the matter
reported.
C. Information contained in Agency reports will be
disseminated to persons other than the Assistant or Deputy
Assistant. Attorney General or the Assistant Director,
Criminal Investigative or Intelligence Division, FBI, only
as follows:
1. No Department or Federal investigative employee
will be given access to classified information unless
that person has been granted appropriate clearances,
including any special access approvals. The Assistant
or Deputy Assistant Attorney General or the Assistant
Director, Criminal Investigative or Intelligence
Division, FBI, will ensure that access by an employee
is necessary for the performance'of an official
function and that access is limited to the minimum
number of cleared persons necessary for investigative
or prosecutorial purposes. The Department will
provide the head of the Agency with a detailed report
regarding any disclosure not authorized by these
procedures and will take appropriate disciplinary
action against any employee who participates in such a
disclosure.
2. With regard to information reported to the
Criminal Division, Department of Justice, which the
general counsel of an Agency designates in writing as
particularly sensitive and for which special
dissemination controls are requested pursuant to this
provision, dissemination will only occur after
consultation with the General Counsel of the Agency.
The designation of information as particularly
sensitive may be made only by the general counsel or
acting general counsel of an Agency.
3. Except as permitted by these procedures,
classified information which has been received by the
Department, the FBI, or other federal investigative
agency pursuant to these procedures may not be
disseminated outside of that entity without the
advance written consent of the General Counsel or the
head of the Agency.
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D. When it becomes apparent to the Department or federal
investigative agency that any investigative or legal action
may result in the disclosure of classified information or
intelligence sources or methods, the Department or federal
investigative agency will, at the earliest possible time,
fully advise and consult with the Agency to determine the
appropriate course of action and the potential harm to
intelligence sources and methods by the contemplated use or
disclosure of the classified information. Except in
exigent circumstances no investigative or legal action will
be taken without such advance notice and consultation.
1. "Exigent circumstances" means situations in which
a person's life or physical safety is reasonably
believed to be in imminent danger, or information
relating to the national security is reasonably
believed to be in imminent danger of compromise, or
expiration of a statute of limitations is imminent, or
loss of essential evidence in any of these cases is
imminent, or a crime is about to be committed, or the
opportunity to arrest a person is about to be lost
where there is probable cause to believe that the
person has committed a crime.
2. If, due to exigent circumstances, any
investigation or significant contemplated action in
any legal proceeding is taken without advance notice
or consultation, the Department or federal
investigative agency, within twenty-four hours of
taking such action, will provide the reporting agency
an explanation of the circumstances requiring that
action. Thereafter, there will be full adherence to
the notification and consultation requirements of
these procedures.
3. For purposes of this provision, consultation will
include the specific investigative and legal actions
the Department or federal investigative agency
proposes to take and a specification of legal and
investigative issues involved. The purpose of the
consultation is to assure an opportunity for the
Agency to provide its judgment to the Department or
federal investigative agency regarding the potential
damage, if any, to the national security of the
disclosure or use of the information at issue. During
this process, the Agency will promptly provide as
detailed an identification and analysis as is possible
at the time of the potential consequences for the
intelligence sources or methods and for the national
security from the contemplated disclosure or use of
the classified information. The Agency will also
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provide any changes to or elaborations of this
analysis as soon as they become evident.
4. If the Agency and the Department or federal
investigative agency agree that the risk of the use or
disclosure and any resulting consequences are
acceptable, the contemplated investigative or legal
action may commence or proceed.
5. If the Agency and the Department of Justice or
federal investigative agency are unable to agree as to
the appropriate use of classified information provided
pursuant to these procedures by the Agency, each
entity will be responsible for pursuing timely
resolution of such issues as may exist through
appropriate channels within their respective
organizations. Each entity will provide notice to the
other entity if it intends to seek a resolution of the
issues by a higher authority in the other entity's
department or agency. Where issues remain, they shall
be referred to the Attorney General for final
determination after appropriate consultation with the
head of the Agency, and, where appropriate, the
Director of Central Intelligence. The decision of the
Attorney General may be appealed to the President with
prior notice to the Attorney General and the Director
of Central Intelligence. While such an appeal is
pending, no action will be taken that would render
moot the President's decision.
E. When security considerations warrant such action, any
matter may be reported directly by the head of the Agency
to the Attorney General or the Acting Attorney General, in
the manner described in section V above. In considering
such reports, the Attorney General or the Acting Attorney
General may consult with any person whose advice he
considers necessary and who has the required security
clearance, provided that the Attorney General or the Acting
Attorney General will consult with the head of the
reporting agency or the General Counsel thereof concerning
dissemination of material designated "Eyes Only."
F. If requested by the Agency, classified information
provided by the Agency to the Department or a federal
investigative agency will, to the maximum extent possible
and consistent with investigative and prosecutive
requirements, be stored by the Agency.
VIII.Relation to Other Procedures and Agreements
A. If the Agency for administrative or security reasons
desires to conduct a more extensive investigation into the
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activities of its employees relating to any matter
reported pursuant to these procedures, it will inform the,
Department or federal investigative agency, as is
appropriate. The Agency may take appropriate
administrative, disciplinary, or other adverse action at
any time against any employee whose activities are
reported under these procedures. However, such investi-
gations and disciplinary action will be coordinated with
the appropriate investigative or prosecuting officials to
avoid prejudice to any criminal investigation or
prosecution.
B. Nothing in these procedures shall be construed to
restrict the exchange of information among the Agencies in
the Intelligence Community or between those Agencies and
law enforcement entities other than the Department of
Justice.
C. If the subject of a referral is an employee of
another agency'other than a person subject to the Uniform
Code of Military Justice, the Criminal Division may refer
the matter to that agency for preliminary investigation
and possible administrative action. The employing agency
will report the results'of any such preliminary investi-
gation under the procedures for reporting possible crimes
by agency employees.
D. Notwithstanding the November 23, 1955, Memorandum of
Understanding between the Department of Defense and the
Department of Justice, notice of crimes which violate both
federal criminal statutes and the Uniform Code of Military
Justice shall be given to the Department of Justice as
provided. Thereafter, the handling of matters relating to
individuals subject to the Uniform Code of Military Justice
shall be coordinated by the Criminal Division with the
appropriate military service in accordance with existing
agreements between the Departments of Justice and Defense.
/ii (r-
Da e
2 MAR1
William French Smith
Attorney General
is/ vinin5arn J. ?&BO
William J. Casey
Director of Central Intelligence