LETTER TO HONORABLE WILLIAM J. CASEY FROM WILLIAM FRENCH SMITH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000070010-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 27
• Document Creation Date: December 21, 2016
• Document Release Date: March 14, 2008
• Sequence Number: 10
• Publication Date: June 7, 1982
• Content Type: LETTER

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FBI review completed
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te. 3~ E C a R% rr' I
?f uv of 14P Atturnm ( pnprul
nnl~ingtnn, . C~. 2.U~3fl
June 7, 1982
Honorable William J. Casey
Director
Central Intelligence Agency
Washington, D.C. 20505
Dear Bill:
In implementation of Executive Order 12333, 1 have
approved the enclosed procedures that have been worked out
between our respective staffs to govern CIA activities outside
the United States. While these procedures are not as clear on
this point as are current procedures, it is my understanding
that I will be notified as soon as possible of the use of any
emergency special collection technique directed against a United
States person, the circumstances surrounding its authorization,
and the results thereof, and that Attorney General approval will
be required whether or not the collection extends beyond seventy-
two hours. (S)
I understand that upon our joint approval CIA will furnish
these procedures and accompanying appendices to the Senate and
House Intelligence Committees and that they will become effec-
tive in seven days. Please provide this Department with an
executed copy of the procedures upon your approval. (U)
I have also approved the enclosed procedures governing
FBI counterintelligence activities outside the-United States.
I understand that these procedures will likewise be furnished
by CIA to the Senate and House Intelligence Committees and that
they will become effective on the same day as the enclosed CIA
procedures. Please advise Director Webster of the effective date
of these procedures. (U)
FBI review completed.
William French Smith
Attorney General
Classified by Derivative:
011696
Review on: April 21,
2002
Derived from: D9c.l,
D9c.2,
D9c.3,
D9c.10
SECRET
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S E C R E T
GUIDANCE FOR CIA ACTIVITIES
OUTSIDE THE UNITED STATES
REVW ON 21 APRIL 2002
DERIVED FROM D9c.1, D9c.2,
D9c.3, D9c.10
ALL PORTIONS
UNCLASSIFIED EXCEPT
WHERE INDICATED
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S E C R E T
GUIDANCE FOR CIA ACTIVITIES
OUTSIDE THE UNITED STATES
TABLE OF CONTENTS
III. AUTHORITIES .................................................2-
IV. GENERAL PRINCIPLES ...................................... ..2
A. Activities Covered ...................................... 2
B. Individuals to Whose Activities
These Procedures Apply ..................................2
C. Liaison ................................................. 2
D. Least Intrusive Technique Feasible ...................... 2
E. Emergencies. ... ........................................3
F. Administration ..........................................3
V. COLLECTION DIRECTED AT U.S. PERSONS .........................3
A. What is a U.S. Person? .................................. 3
B. Basic Collection ........................................ 4
C. Standard Collection Techniques .......................... 5
D. Special Collection Techniques ...................... 7
VI.
VII. ADMINISTRATION AND EFFECTIVE DATE .......................... 11
S E C R E T
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GUIDANCE FOR CIA ACTIVITIES
OUTSIDE THE UNITED STATES
A. SCOPE - Executive Order 12333 outlines the duties and
responsibilities of CIA as well as limitations upon intel-
ligence activities undertaken by the Agency. The Order
reflects the requirements of the National Security Act of
1947, the CIA Act of 1949, and other laws, regulations,
-and directives, as well as intelligence policies. These
revised procedures, which implement Sections 2.3 and 2.4
of the new Order, were prepared by CIA, were approved by
the Attorney General, and are issued by the Director of
Central Intelligence. These procedures supersede all
existing procedures addressing the same subject matter.
However, employees must also comply with Agency
regulations that reflect the requirements of the new Order
and Agency policies regulating employee conduct abroad.
B. PURPOSES - These procedures are intended to:
1. Permit and encourage legitimate intelligence
activities to the maximum extent possible so that an
aggressive and effective intelligence effort may be
carried out free of unnecessary restrictions;
2. Provide legal protection to employees who follow the
procedures by providing authority for intelligence
activities; and
3. Assure the American public and intelligence oversight
mechanisms that all CIA activities outside the United
States involving U.S. persons are lawful and related
to legitimate intelligence objectives.
II. RESPONSIBILITIES - CIA is responsible outside the United
States for:
A. Collecting and disseminating foreign intelligence and
counterintelligence, including information not otherwise
obtainable;
B. Conducting counterintelligence activities and coordinating
counterintelligence activities by any other departments or
agencies within the Intelligence Community;
C. Collecting and disseminating intelligence on foreign
aspects of narcotics production and trafficking;
D. Conducting research, development (including testing), and
procurement of technical systems and devices relating to
authorized functions;
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E. Protecting the security of its installations, activities,
information, property, and employees by appropriate means;
F. Conducting Intelligence Community services of common
concern as directed by the NSC;
G. Conducting special activities in support of national
foreign policy objectives abroad approved by the President
and consistent with applicable laws;
H. Coordinating the collection of intelligence information
not otherwise obtainable;
J. Conducting administrative and technical support activities
necessary to perform the functions described above.
III. AUTHORITIES - All CIA activities outside the United States
must be related to the responsibilities identified above and
must be authorized as outlined in these procedures.
A. ACTIVITIES COVERED - These procedures apply only to CIA
activities abroad involving U.S. persons. There are no
restrictions under these procedures on activities not
involving U.S. persons. However, employees must also
comply with existing Agency policies regulating employee
conduct abroad.
B. INDIVIDUALS TO WHOSE ACTIVITIES THESE PROCEDURES APPLY -
These procedures apply to the activities of all CIA
employees, including individuals assigned to or acting for
CIA, such as contractors and agents.
D. LEAST INTRUSIVE TECHNIQUE FEASIBLE - A certain collection
technique may be used only if a less intrusive technique
cannot acquire intelligence of the nature, reliability,
and timeliness required. As a rule, basic collection and
25X1
c F. r R R T
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standard collection techniques are less intrusive than
special collection techniques.
1. LIFE OR PHYSICAL SAFETY - Nothing in these procedures
shall be construed to prohibit, where a person's life
or physical safety is reasonably believed to be in
imminent danger, the collection by standard or special
collection techniques (see pages 4 and 7), retention,
or dissemination of information concerning U.S.
persons that is relevant to the danger or its preven-
tion, reduction, or elimination, if the authority who
must normally approve such activities is advised as
soon as possible.
2. RISK OF INTELLIGENCE LOSS - Nothing in these proce-
dures shall be construed to prohibit a CIA employee
from using any standard or special collection tech-
nique, if the time required to secure prior approval
would cause failure or significant delay in obtaining
significant intelligence and an official who must
normally approve such technique is advised as soon as
possible. An emergency special collection technique
may not be used for this purpose unless there-are
facts and circumstances indicating that the subject
U.S. person is an agent of a foreign power, the intel-
ligence sought is significant, and the technique is
not directed at an individual within the United
States. Approval by the most senior official possible
should be obtained if time permits. An emergency
special collection technique may not be conducted for
more than 72 hours without approval of the Attorney
General.
F. ADMINISTRATION - Nothing in these procedures shall pro-
hibit collection, retention, or dissemination of infor-
mation concerning U.S. persons necessary for adminis-
trative purposes (including contracting, building main-
tenance, construction, fiscal matters, internal accounting
procedures, disciplinary matters, and investigations of
alleged crimes or improprieties by Agency employees) by
Agency components authorized to perform such functions.
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 C L? /` D F T
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3. APPROVAL AUTHORITY - Headquarters approval must be
obtained prior to direct or indirect-initiation ofa
special collection technique outside the United
States. The request will be forwarded through the
General Counsel for his concurrence. Headquarters may
permit use of a special collection technique if
Attorney General approval, based upon his finding of
probable cause to believe.that the technique is
directed. against. a foreign power or.an.agent of a
foreign power, is obtained, or if, in the case of
monitoring,-"the General Counsel determines that a
warrant would not be re uired if undertaken for law
enforcement purposes. 25X1
4. LIMITATION - The warrantless opening of mail in U.S.
postal channels is prohibited. (See Appendix A for
complete definition of mail in U.S. postal channels.) The
opening of mail of U.S. persons outside-of U.S. postal
channels is permitted only with Headquarters approval
..consistent with the requirements for special collection
techniques. F-1 25X1.
5. Electronic surveillance may be directed abroad at non-U.S.
persons abroad using channels of communications with a
terminal in the United States or which transit the United
States only if any information concerning U.S. persons
obtained thereby is handled in accordance with Part
of these procedures (no special approval required). 25X1
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A. A person who is officially acting in the absence of an
employee may exercise the powers.'of that employee.
B. Authority granted to an employee, other than the'General
Counsel, may be exercised by any person who is senior in the
Agency's channel of authority.
C. 1bcthing in these procedures is intended to confer any substan-
tive or procedural right or privilege on any person or
organization.
D. These procedures shall become effective seven days from the
date they are approved by both the Attorney General and the
DCI.
I approve the foregoing procedures in accordance with Executive
Order 12333. In my opinion, intelligence activities conducted
pursuant to and in accordance with these procedures are lawful.
(b 3
61 "' - Date
I approve and establish the foregoing procedures in accordance
with Executive Order 12333.
/7
Date
Dire for of Ce al Inte ligence
I
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S E C R E T
APPENDICES TO GUIDANCE FOR CIA
ACTIVITIES WITHIN THE UNITED
STATES AND OUTSIDE THE UNITED STATES
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DERIVED FROM D9c.1, D9c.2
D9c.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
FBI REQUESTS FOR CIA COUNTERINTELLIGENCE
ASSISTANCE
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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: z
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;
c. 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;
e. 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 alone, 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.
C - r+ u F' m
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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 employees 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 means 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 recor , or (d) information
already in possession of a foreign liaison service.
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.
S E C R E T
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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
co 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.
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Physical surveillance means (a) unconsented and deliberate observation of a
person by any means on a continuing basis, or (b) unconsented overhearing of a
nonpublic conversation by a person who is not visibly present at the location of
the conversation.
Physical surveillance does not include overhead reconnaissance not directed
at specific United States persons. Overhead reconnaissance not directed at
specific United States persons includes reconnaissance intended solely for cali-
bration of collection means or for comparison of characteristics of physical
structures or other real or personal property with similar information collected
outside the United States for purposes of identifying or interpreting that
information. (S)
f
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.
United States person means
a. A United States citizen;
.S F. (' R R T
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 S E C R E T
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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 may be 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.
e ' n P Ti' m
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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 appr rtain 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 may approve certain
collection activities as specified in these procedures.
e s n v' rn
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S E C R E T
PROCEDURES RELATING TO THE CONDUCT OF
COUNTERINTELLIGENCE ACTIVITIES OUTSIDE
THE UNITED STATES BY THE FEDERAL
BUREAU OF INVESTIGATION
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DERIVED FROM D9c.1, D9c.2
D9c.3, D9c.10
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PROCEDURES RELATING TO THE CONDUCT OF
COUNTERINTELLIGENCE ACTIVITIES OUTSIDE
THE UNITED STATES BY THE FEDERAL
BUREAU OF INVESTIGATION
For the purpose of implementing Section 1.14(b) of
Executive Order 12333, the Attorney General (AG) and the Director
of Central Intelligence (DCI)' have agreed that the following
procedures shall govern the conduct of intelligence activities by
the FBI outside the United States. Investigations which are
purely criminal law enforcement matters are not covered by this
agreement.
OPERATIONS OUTSIDE THE UNITED STATES (U)
1. The FBI may investigate or otherwise conduct
activities outside the United States in the
following circumstances:
a. With the written request or approval of the
Director of Central Intelligence or a designee,
the approval of the Attorney General or a
designee, and the knowledge and consent of the
foreign government, the FBI may conduct inves-
tigations or participate with foreign officials
in conducting investigations abroad. (U)
b. In exceptional cases where there is a
compelling need, notification to the foreign
government would entail great risks, and the
Director of Central Intelligence and the
Attorney General or their designee have given
specific approval, the FBI may conduct inves-
tigations abroad without the knowledge and
consent of the foreign government. (S)
c. When necessary to the conduct of a full counter-
intelligence investigation, the FBI may, at the
request or with the approval of the Director of
Central Intelligence or a designee: FBI
FBI review completed.
S E C R E T
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S E C R E T
(3)
operate and pay FBI assets who
abroad in response to specific
tions from foreign intelligence
travel
instruc-
services
or international terrorist groups; or
(4)
operate and pay FBI assets who travel
abroad at the direction of the FBI to make
contact with foreign intelligence services
or international terrorist groups,
provided there is prior approval of the
Attorney General or a designee. (S)
2. In conducting investigations outside the United
States, the FBI shall not recruit officials of
noncriteria countries as assets or pay such
officials, directly or indirectly, for investi-
gative assistance. This provision, however, is not
intended to preclude reimbursement of law enforce-
ment or security agencies of foreign governments to
the extent authorized by United States and foreign
law. (S)
All. intelligence activities and investigations
abroad commencing with proposals therefore shall be
.coordinated with the DCI or his designee prior to
their initiation. Significant changes or develop-
ments in any investigation or activity previously
coordinated will also be coordinated. When such an
intelligence investigation or activity is compro-
mised, the appropriate designated representative of
the DCI shall be notified as soon as possible. (S)
4. The DCI and AG may jointly approve the conduct of
specifically defined activities abroad without
requiring referral and approval on.a case-by-case
basis where such an approval serves the national
interest. (S)
5. All FBI relationships with foreign security or
intelligence services on intelligence matters will
be coordinated in advance either with the DCI or
with the DCI's designated representative abroad.
The designated representative of the DCI shall be
kept fully and currently informed of activities
conducted pursuant to these liaison relation-
ships. (S)
6. The FBI will keep CIA Headquarters fully and cur-
rently informed of all FBI counterintelligence
activities abroad including identities of all such
assets, double agents and targets. (S)
7. The DCI or his designated representative abroad
shall be informed whenever the FBI plans to extend
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an invitation to any representative of a foreign
clandestine service to visit the United States, and
such visit shall be coordinated with the DCI or his
designee whenever it is anticipated that clandes-
tine intelligence activities abroad will be
discussed during the visit by an official of a
foreign intelligence service. (S)
8. Any FBI intelligence investigation or activity
abroad not otherwise covered by these procedures
will be coordinated with the DCI or his
designee. (U) 1-1
9. "Coordination" means 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. (U)
,MCC nvvnL
2 0 APR 1982
3 &
Da
Approved For Release 2008/03/14: CIA-RDP85B00552RO01000070010-4