APPENDICES TO GUIDANCE FOR CIA ACTIVITIES WITHIN THE UNITED STATES AND OUTSIDE THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000070008-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 17
• Document Creation Date: December 20, 2016
• Document Release Date: July 6, 2007
• Sequence Number: 8
• Content Type: REPORT

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APPENDICES TO GUIDANCE FOR CIA
ACTIVITIES WITHIN THE UNITED
STATES AND OUTSIDE THE UNITED STATES
REVW ON 21 APRIL 2002
DERIVED FROM D9c.1, D9c.2
D9o.3, D9c.10
ALL PORTIONS
UNCLASSIFIED EXCEPT
WHERE INDICATED
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APPENDICES TO GUIDANCE FOR CIA
ACTIVITIES WITHIN THE UNITED
STATES AND OUTSIDE THE UNITED STATES
TABLE OF CONTENTS
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
APPENDIX H
SENIOR OFFICIALS WHO MAY APPROVE CERTAIN
ACTIVITIES
DISSEMINATION OF INFORMATION THROUGH
DOUBLE AGENTS
RETENTION AND DISSEMINATION OF INFORMATION
DERIVED FROM ELECTRONIC SURVEILLANCE
TESTING AND TRAINING RELATED TO ELECTRONIC
SURVEILLANCE EQUIPMENT
AUDIO COUNTERMEASURES RELATED TO ELECTRONIC
SURVEILLANCE EQUIPMENT
FBI REQUESTS FOR CIA COUNTERINTELLIGENCE
ASSISTANCE .
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S E C R E T
For the purposes of these procedures:
Agencies within the intelligence Community are: (a) the CIA; (b) the
National Security Agency; (c) the Defense Intelligence Agency; (d) the offices
within the Department of Defense for the collection of specialized national
foreign intelligence through reconnaissance programs; (e) the Bureau of
Intelligence and Research of the Department of State; and (f) the intelligence
elements of the Army, Navy, Air Force, and Marine Corps, the FBI, the Department
of the Treasury, and the Department of Energy.
Agent of a foreign power means :
. a. A person who, for or on behalf of a foreign power, is engaged in
clandestine intelligence activities (including clandestine activities
intended to affect the political or governmental process), sabotage, or
international terrorist activities, or who conspires with or knowingly aids
or abets such a person in engaging in such activities;
b. A person who is an officer or employee of a foreign power, including
any individual whether in the United States or abroad who acts or. is
authorized to act in an official capacity on behalf of a foreign power, has
been granted diplomatic status by a foreign power, is attached to a foreign
diplomatic establishment or an establishment under the control of a foreign
power, or is employed by a public international organization or organization
established under an agreement to which the United States is a party;
a. A corporation or other entity that is owned or controlled directly or
indirectly by a foreign power;
d. A person acting in collaboration with an intelligence or security
service of a foreign power.who has, or has had, access to information or
material classified by the United States;
a. A person unlawfully acting for or pursuant to the direction of a
foreign power, provided that the fact that a person's activities may benefit
or further the aims of a foreign power, standing atone, is not sufficient to
support a. finding that a person is acting for or pursuant to the direction
of a foreign power; or
f. A person who, or organization which, acquires access to classified
information under facts and circumstances indicating that such person or
organization is in contact with a foreign power or powers for purposes of
transmitting such information or material in an unauthorized manner.
Central Intelligence Agency and CIA include the staff elements of.the Office
of the-Director-of Central Intelligence.
S E C R E T
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S E C R E T
Consent means that (a) the subject or a participant in the activity has
granted permission, in writing if possible or orally, within a specific time
frame and context; or.(b) in the case of emptoyees.or visitors to government
facilities, there is a visible posted notice on government property which
clearly states that the place or object where the notice is posted is subject to
a particular form of search or surveillance; or (c) in the case of employees,
the activity is undertaken in accordance with published rules or regulations; or
(d) the subject of a lawful security investigation has authorized a CIA employee
to undertake that investigation regardless of the subject's knowledge of the
employee's affiliation. Consent to use special collection techniques must be
specific.
Coordination mean's the process of eliciting comments prior to undertaking a
proposed action. As used here, the term means that no such action will be taken
so long as the party with whom the action in question is raised continues to
have objections which cannot be resolved.
Counterintelligence means information gathered and activities conducted to
protect against espionage, other intelligence activities, sabotage, or
assassinations conducted for or. on behalf of foreign powers, organizations or
persons, or international terrorist activities, but not including personnel,
physical, document, or communications security programs.
Direct activities at a person means, in the context of coordination with the
FBI, to initiate activities after a decision is made by CIA to collect
information on an individual or group from sources other than exploiting:
(a) information already in possession of existing assets,-(b) information that
is available publicly, (c) United States Government records, or (d) information
already in possession of a foreign liaison service. F--] 25X1
General Counsel includes the Deputy General Counsel or Acting General
Counsel.
Employee means a person employed by, assigned to, or acting for an agency
within the Intelligence Community. The term includes contractors and assets.
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S E C R E T
Foreign power means (a) a foreign government or any component thereof,
whether or not recognized by the United States; (b) a faction of a foreign
nation or nations, not substantially composed of United States persons; (c) an
entity that is openly acknowledged by a foreign government or governments to be
directed and controlled by such foreign government or governments; (d) a
foreign-based group engaged in international terrorist activities or,
international narcotics activities and any other group engaged abroad in any
such activities; or (e) a foreign-based political organization not substantially
composed of United States persons.
Foreign intelligence means information relating to the capabilities,
intentions, and activities of foreign powers, organizations, or persons, but not
including counterintelligence except for information on international terrorist-
activities.
International terrorist activities means any activity or activities which:
a. Involve killing, causing. serious bodily harm, kidnapping, violent
destruction of property, or an attempt or credible threat-to commit such
acts;
b. Appear intended to endanger a protectee of the Secret Service, the
Department of State, or other federal department or agency, or to further
political, social, or economic goals by intimidating or coercing a civilian
population or any segment thereof, influencing the policy of a government or
international organization by intimidation or coercion, or obtaining
widespread publicity for a group or its cause; and
C. Occur totally outside the United States or transcend national
boundaries in terms of the means by which they are accomplished, the
civilian population, government, or international organization they appear
intended to coerce or intimidate, or the locale in which their perpetrators
operate or seek asylum.
Least intrusive technique feasible means that a certain collection technique
may be used only if Less intrusive techniques cannot acquire intelligence of the
nature, reliability, and timeliness required. As a rule, basic collection and
standard collection techniques are Less intrusive than special-collection
techniques.
S E C R E T
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S E C R E T
Public communications means communications transmitted within frequency
bands devoted to AM/FM radio, television, and other broadcasts and communica-
tions intended for subsequent broadcast or public dissemination; amateur and CB
communications; police, fire, ambulance, navigational aid and distress, and
other public service transmissions; and aircraft and maritime communications not
connected with land-based telephone lines.
Publicly available means information that any member of the public could
lawfully obtain by request or observation (not amounting to physical surveil-
lance), and information, including public communications, that is lawfully
accessible to any member of the public.
Retention means that information is organized in such a manner that it may
be retrieved by reference to the name or identity of the person who is the
subject of the. information.
Special activities means 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 support of such activities, but which are not intended to influence United
States political processes, public opinion, policies, or media and do not
include diplomatic activities or the collection and production of intelligence
or related support functions.
Unconsented physical search means a search or seizure of a person, or his
property or possessions, for purposes other than emplacing an electronic
surveillance or electronic or mechanical monitoring device, without the consent
of the person, or, in the case of property or possessions, of another individual
who has authority to consent to such a search. This term includes the opening
of any mail sent by or intended to be received by a United States person.
United States person means
a. A . United States citizen;
iv
S E C R E T
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Zi C" c tc G' T
b. An alien known by CIA to be a permanent resident alien (An alien
who procures a visa or other documentation by fraud or willful misrepresen-
tation of a material fact is not a permanent resident alien for purposes of
these procedures.);
,c. An unincorporated association substantially composed of United
States citizens or permanent resident aliens; or
d.. A corporation incorporated in the United States, except for a
corporation directed and controlled by a foreign government or govern-
ments. A corporation or corporate subsidiary incorporated abroad, even if
partially or wholly owned by a corporation incorporated in the United
States, is not a United States person.
A person or organization outside the United States shall be presumed not to. be a
United States person unless specific information to the contrary is obtained.
An alien in the United States maybe presumed not to be a United States person
unless specific indications to the contrary are. obtained.
In United States postal channels means:
a. Mail while in transit within, among, and between the United States
(including mail of foreign origin which is'passed by a foreign postal admin-
istration to the United States Postal Service for forwarding to a foreign
postal administration under a postal treaty or convention and mail tempo
rarily in the hands of the United States Customs Service or the Department
of Agriculture), its territories and possessions, Army-Air Force (APO) and
Navy (FPO) post offices, and mail for delivery to the United Nations, N.Y.;
and
b. International mail en route to an addressee in the United States
or its possessions after passage to United States Postal Service from a
foreign postal administration or en route to an addressee abroad before
passage to a foreign postal administation.
As a rule, mail shall be considered in such postal channels until the moment it
is manually delivered in the United States to the specific addressee named-on
the envelope or his authorized agent.
Visibly present means that a person at a location at.which a special col-
lection technique is directed is a person who is (a) a party to a conversation
at that location; (b) a person, other than.a party, who participates in a
conversation at that location; or (c) a person in such close proximity to a
conversation at that location so as to be reasonably assumed by the participants.
to be able to overhear the conversation at that location.
S E C R E T.
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S E C R E T
SENIOR OFFICIALS WHO MAY APPROVE CERTAIN ACTIVITIES
The Deputy Director for Operations (DDO); the ADDO; the Chief, CI Staff;
a chief, deputy chief, or an official third in command of a DO division at
Headquarters, and supervisory personnel at Headquarters, stations, bases, and
installations within the United States and'abroad who are designated by the
DDO may approve certain collection activities as specified in these
procedures.
The Deputy Director for Administration (DDA), the Associate DDA, the
Director of Security, the Deputy Director of Security, and the Deputy Director
of Security for Personnel Security and Investigations mau approve certain
collection activities as specified in these procedures.
S E C R E T
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S E C R E T
RETENTION AND DISSEMINATION OF INFORMATION DERIVED FROM
ELECTRONIC SURVEILLANCE
1. Information about a United States person derived from electronic surveil-
lance may be retained and disseminated within CIA and to authorized recipients
outside the Agency if the identity of the U.S. person and all personally
identifiable information are deleted. A generic term may be substituted which does
not identify the U.S. person in the context of the message. If the information
cannot. be sanitized in such a fashion because the identity is necessary, or it is
reasonably believed that it may become necessary, to understand or assess the
information, that identity may be retained or disseminated outside CIA along with
the information if:
a. The information is foreign intelligence or counterintelligence. Such
information includes, but is not limited to, that information falling within the
following categories:
(I) The information indicates that the United States person has acted
or may be acting as an agent of a foreign power, including information
indicating that a United States person was in contact with a foreign power
under facts and circumstances indicating that he intends to collaborate with
a foreign power or become an, agent of a foreign power;
(2) The information indicates that a United States person may be a
target of intelligence activities of a foreign power;
(3) The information indicates that a United States person has engaged
or may be engaging in the unauthorized disclosure of properly classified
national security information;
(4) The information concerns corporations or other commercial organi,
cations the deletion of which would hamper the correlation of foreign
.intelligence on the same subject;
b. The information is enciphered or contains secret meaning;
c. The information is heede to protect a sa e y
organizations, including those who are targets, victims, or hostages of inter-
national terrorist organizations;
d. The information concerns a United States person who is or may be, on the
basis of that communication or other information, an agent of a foreign power;
e. The information involves a United States person who has consented to the
retention or dissemination of his communications or.information concerning him;
f.. The information indicates that a United States person is engaged or may
be engaged in international terrorist or narcotics activities;
g. The information is needed to protect foreign intelligence or counter-
intelligence sources or methods from unauthorized disclosure;
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S E C R E T
h. The information concerns a person who is the subject of collection
authorized in accordance with these procedures;
i. The information is needed solely to identify individuals in contact with
those persons described in subparagraph h. or with a person who is the subject
of lawful foreign intelligence collection or counterintelligence activities;
j. The information is needed to determine the suitability or credibility of
a person who is reasonably believed to be a potential source or contact,
provided such information is retained in accordance with the procedures.
governing retention of information not derived from special collection
techniques;
k. The information concerns a person or activity that poses a threat to any
facility or personnel of any agency within the Intelligence Community, or any
department containing such an agency;
1. The information contains evidence of possible violations of.federal
criminal laws required to be reported to the Attorney General;
m. The information concerns a U.S. Government official acting in an
official capacity; or
n. The personally identifiable information concerning the United States
person is publicly available.
A communication or information about a U.S. person which does not qualify for
retention or dissemination in accordance with this paragraph must be destroyed.
2. Nothing in this Appendix shall prohibit:
a. The retention or disclosure of information necessary for the purpose of
determining whether the requirements of these procedures are satisfied, provided
that the recipient under this paragraph does not retain or disclose the identity
of a United States person where it is determined that the requirements of this
part would not permit dissemination;
b. The retention of a communication necessary for the maintenance of tech-
nical data bases, so long as only collection personnel have access to such data
bases;
c. The retention or dissemination of information requested by another
department or agency, so long as such request is specifically approved by the
Attorney General or the President;
d. The retention or dissemination of information concerning corporations or
other commercial organizations which is limited to their identities as manu-
facturers of equipment and related nomenclature or their locations;
ii
S E C R E.T
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.7 C G If 6 T
The retention of information required by law to be retained.
S E C R E T
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S E C R E T
(vi) The training or testing does not exceed 90 calendar
days. Training or testing may be renewed, however, if approved
pursuant to paragraph (vii); and
(vii) The training or testing is approved in writing by the
Deputy Director for Operations, the Deputy Director for Science
and Technology, or the Deputy Director for Administration, as may.
be appropriate, or officials they designate in writing, with the
concurrence of the CIA General Counsel, based on their
determinations that the particular training or testing program
conforms to the requirements of this Appendix and is otherwise
lawful. In addition, no testing of electronic communications
equipment may exceed 90 days without the prior approval of the
Attorney General. (S)
ii
S E C R E T
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S E C R E T
FBI REQUESTS FOR CIA COUNTERINTELLIGENCE ASSISTANCE
Requests for CIA assistance to the FBI or to the FBI on behalf of another
agency in a counterintelligence activity in the United States shall be made in
writing by the Director, FBI, or by senior FBI officials designated in.writing
by him,. and should provide the following information:
a. The target of the activity, including the basis on which such
activity is to be directed at that target;
b. The information or object which is sought to be obtained or
accomplished, and the techniques that are expected to be.used;
c. The reasons why the CIA, rather than the FBI, should conduct or
participate in the activity;
d. A statement that the requested participation by CIA is in support
of counterintelligence activities, and such counterintelligence activities
are consistent with procedures approved by the Attorney General;-
e. The manner in which such CIA activities will be coordinated with
the FBI; and
f. The extent to which further approval and coordination is
F_ I
required.
S E C R E T. .
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