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(U) Di sseminating or sharing any part of this document outside CIA must comply with AR 10-16.

AR 2-28 (U//AIUO) ANNEX B --GUIDANCE FOR CIA
ACTIVITIES WITHIN THE UNITED STATES (Formerly HR 7lANNB)
OGC- AGENCY REGULAllON SERIES 2 (INTELLIGENCE ACll VIllES) PUBLISHED ON 23 DECEMBER 19B7

Revision Summary
(U//Al UO) PLEASE BE ADVISED THAT AR 2-2B (formerly HR 7-1 Annex B) dated 9 August
1982, ·has been superceded by AR 2-28, dated 20 July 2005. The 2005 version is not in the
usual Agency regulatory format; it is formatted to retain the structure as approved" to maintain
(b)(3) CIAAct
consistency with other, similar is~ uances .
(U) Users needing assistance with this issuance are directed to contact,

- -- - - - - - '

L....__

_ _ _ _____,

via email at

(b )(3) C IAAct

Regulation Summary
(U//AI UO) Annex 8 to AR 2-2 outlines the duties and responsibilities of. CIA as we ll as
limitation upon intelligence activities ·undertaken by the Agency within the United States.

I.

(U) Authorities

(U) Executive Order 12333; the National Security Act of 1947; the CIAAct of 1949, and ·other
applicable laws, regulations , and directfves, as well as intelligence policies.

II.

(U) Policy

I. (U) INTRODUCTION

A Executive Order 12333 outlines the duties and responsibilities of CIA as well as limitations
upon intelligence ac tivitie s 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
d irectives, as well as intellig ence policies. These revised procedures , which implement
Sections 2. 3, 2.4 and 2. 9 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
s upersede 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
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Agency policies regulating employee conduct within the United States.
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
restri ctions;

2. Provide legal protection to employees who follow the procedures by providing authority for
intelligence activities; and
·
3. Assure the American public and the intelligence oversight mechanisms that all CIA activities
. in the United States are lawful and related to legitimate intelligence objectives.

II. (U) RESPONSIBILITIES. CIA is responsible within the United States for:

A. (U) Collecting, producing, and disseminating foreign intelligence and counterintelligence,
including counterintelligence and significant foreign intelligence ·not otherwise obtainable. The
collection of foreign intelligence not otherwise obtainable shall be coordinated with the FBI as
required by the 2005 CIA-FBI Memorandum of Understanding (MOU);
B. (U) Conducting counterintelligence activities, in coordination with the FBI as required by the
2005 CIA-FBI MOU;
C. (U) Collecting, producing, and disseminating intelligence on foreign aspects of narcotics
production and trafficking;
D. (U) Conducting ~esearch ; development (including testing), and procurement of technical
systems and devices relating to authorized functions;
E. (U) Protecting the security of its installations, activities, information, property, and
employees by appropriate means;
F. (U) Cond ucting Intelligence Community services of common concern as directed by the
NSC;
G. (U) Conducting special activities in support of national foreign policy objective s abroad
approved by the Pres ident and consistent with applicable laws; and
H. (U) Conducting administrative and te chnical support activities necessary to perform the
functions described above.

Ill. (U) AUTHORITIES

All CIA activities within the United States must be related to the responsibilities identified
above and must be authorized as outlined in these procedures.
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IV. {U) GENERAL PRINCIPLES

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A. (U) ACTIVIT! ES COVERED .. These procedures apply to CIA activities within the United
States. ·
B. (U) INDIVIDUALS TO WHOSE ACTIVITIES TI-lESE PROCEDURES APPLY. These
procedures apply to the activities of all CIA employees, includ ing individuals ass igned to or
acting for CIA, such as contractors and assets.
C. (U) LEAST INTRUSIVE TECHNIQUE FEASIBLE. A certain collection technique may be
used only if a less intrusive technique cannot acquire intelligence of the nature , re liability; and
timeliness required. As a rule, J
!are less
intrusive than I
.
D. (U) FBI COORDINATlON. Executive Order 12333 requires that CIA foreign inte lligence
collection an·d counterintelligence activities conducted within the United States be coordinated
with the FBI as specified in these procedures, in addition to the internal approvals specified in
these procedures or even when the internal approvals are not (b)(1'}red. See the 2005 CIA-

FBI MOU.
.
.
(b)(3) NatSecAct
E . .fS/P~FfEMERGENCIES
1. (8//~~f"iTLI FE OR PHYSICAL SAFETY. Nothing in these proced.ures shall be construed to
prohibit, where a person's life or physical safety is reaso nably believed to be in imminent
danger, the cond uct of counterintelligence a<;:tivities or the collection
retention, or dissemination of information co ncerning an._y_p_e_rso-n---;-;th~a--;-t-.--:
is-r~e-.-le_v_a:-::n7
t to

I-

I

the danger, or its prevention, reduction, or eliminatio n, if the authority who must normally
approve such activities is advised as soon as possible.
2.-(£1/f~FTRI SK .OF INTELLIGENCE LOSS. Nothing is [sic] these procedure s shall be
collection
if the time
construed to prohibit a CIA employee from
required to secure prior approval wo uld cause failure or delay in obtaining significant
intelligence, and an official who must normally approve such activities is advised as soon as
possible. Approval by the most senior official possible should be obtained if time permits.
F. (U) ADMI Nl STRATI ON. Nothing in these procedures shall prohibit collection, retention, or
dissemination of information concerning U.S. persons necessary for administrative purposes
(including contracting , building maintenance, construction, fi scal matters, internal. accounting
procedures , disciplinary matters, and investigations of alleg ed crimes or imp roprieti es by
Agency employees) by Agency components authorized to perfo rm such functions.

V. (U) COLLECTION .OF INFORMATION IN THE UNITED STATES

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A. (U) WHAT IS AU. S. PERSON? AU. S. person is a U.S. citizen, an alien known by CIA to

be a permanent resident alien, an unincorporated association substantially composed of U.S.
citizens or permanent resident aliens, or a corporation incorporated in the United States ,
except for a corporation directed and controlled by a foreign government. An alien in the
United States may be presumed notto be a U.S. person unless specific ind ications to the
contrary are obtained . (See Appendix A for complete definition.)

Jrequires no internal approvals und er
2. --(5//1\JF) APPROVAL AUTHORITY.!
these procedures, but may require coordination with the FBI. See the 2005 CIA-FBI MOU for
(b)(1)
.
(b)(1 )
coordination require ~ents.
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(2) fS//~J!=) APPROVALAUTHORITY
(a)~ Except as provided in (b) below, a Chief of Station, Chief of Installation, Chief of
Base, or other senior official specified in Appendix B may approve the use, on a case-bycase basis, of
directed at a U.S. person if the facts and
circumstances available to him at the time indicate that one or more of the types of information
described in paragraph (1) above may be obtained. ~

!notification would frustrate the
collection or jeopardize or compromise a CIA activity or operation, and (iii) such collection is
not undertaken for the purpose of acquiring information concerning the domestic activities of
U.S. persons.
I
~ .
I Domestic activities mean activities that occur within the United States and
do not have a significant connection with a foreign power, perso~b)(1 frganization.

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(c) ~ Foreign intelligence and counterintelligence collection and other
counterintelligence activities may require coordination with the FBI. See the 2005 CIA-FBI
MOU for coordination requirements.
(d) (S//~dF) Information acquired in the course of authorized collection activities that ind icate
possible violations of the federal criminal code must be handled in accordance with the
crimes reporting procedures in AR 7-1.
(e) ~/IN~ Ind ividual approvals on a case by-case basis are not required for (i) personnel
security investigations directed at current CIA employees, employees of CIA contractors,
applicants for suc h employment, and other ind ividuals who have been qranted or who are
being considered for security clearances or approvals and other pE(b)( 1 )c ,...,ith cirn\lar
. .
·
·
(b)(3) NatSecAct
assoc1at1ons; or

b. fS//P;#=) NON-U.S. PER SO NS. I

D.

L---------------~------------------~

1. ~liP~ F) ELECTRONIC SURVEILLANCE. (telephone surveillance, microphone surveillance ,
signals inte lligence). (See Appendix A for full definition.) C IA may not engage in electronic
surveillance within the United States. However, it is permissible to :
a. ~SliP~ F) Acquire a communicati on with the consent of one of the parties to the
communication or one of the persons visibly present (see Appendi x A for definition of "visibly
present"). Such acquisition does not constitute electronic surveillan~(b)(i yd requi res no special
.
approval;
(b)(3) NatSecAct
b. (S//~Jj;) Train personnel in the use of electronic communications equipment, test such
equipment, and!
bountermeasures to ·hostile electronic surveillance if conducted in

r

oce withAnnendix E ot E Qf these otQCedu-re_____________________________,
c. (Sf/~W) Request that the FBI or any other authorized intelligenc;e agency undertake
electronic surveillance in the United States with the approval of the Attorney General and in
accordance with the Foreign Intelligence Surveillance Act of 1978, ·provid ed that the Director,
Central Intelligence Agency makes the request (1) certifying that such assistance is rel evant to .
the. re sponsibilities of the CIA, (2) describing the support required, and (3) explaining why the
Bureau or other agency is being requested to furnish such assistance; or
d . fSI/r~Fj Provide specialized equipment and technical knowledge to assist another
department or agency in the conduct by that department or agency of lawful and authorized
e lectronic surveillance in the United States . Expert personnel may be provided only with th~
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personnel participate in the collection of raw information. Translation assistance,
however, may be provided without General Counsel approval if CIA personnel do not
participate in the collection or dissemination of raw information.

c____-

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2. -fS/Ir~FtMONITORING.j

L

__I

(see
Appendix A for complete definition) . CIA may use a monitoring device within the United States
under circumstances in which a warrant would not be required for law enforcement purposes
if the CIA General Counsel concurs. If the General Counsel determines that a warrant would
be required, such monitoring may be undertaken pursuant to the Foreign 1ntelligence
Surveillance Act of 1978.
3. (~/tr~F) UNCONSENTED PHYSICAL SEARCHES. CIA may not conduct within the United
States unconsented physical searches of real or personal property (including property
entrusted to Agency employees or assets) exce pt for physical searches of the personal
property, lawfully in the CIA's possession, of a non-U .S. person. (Such searches require
General Counsel concurrence; if he determine·s that a warrant wouid be required for law
enforcement purposes, Attorney General approval is necessary.) In addition, it is permissible
to:
a. (~1/~JF) Conduct a consented physical search within the United States (see Appendix A for
definition of consent). No special approval required;
b. (5//P~F) Request that the FBI undertake a physical search within the United States with the
approval of the Attorney General, provided the Director, Central Intelligence Agency makes
the request (1) certifying that such assistance is relevant to the mission of the CIA, (2)
describing the support required , and (3) explaining why the FBI is being requested to furnish
such assistance; or
c. (Sm~F) Assist another department or agency in the conduct by that department or agency
of a physical search within ttw United States under circumstances approved by the Director,
Central Intelligence Agency with the concurrence of the General Counsel in consultation with
.
.
the Department of Justice.
.
4. (SI/~W) MAlL OPENING AND MAlL COVERS. The opening or rnail within United States
postal channels is prohibited . However, it is permissible to request that the FBI examine mail
covers , if not for the sole purpose of collecting information concerning
L---~--~~--~
1
!within the United States in accordance with applicable S(IJ)6rs and regulations. (See
approval authority fo r
(b)( 3) NatSecAct
·
(S/!~JF)=i=oreign intelligence collection and counterintelligence a~tivities may require
coordination with the FBI. See the 2005 CIA-FBI MOU for coordination requirements.

I

VI. (S/!NF) PROCESSING OF U.S. PERSON INFORMATION
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(b)(1)
A.-{SI/Pqf] RETENTION AND Dl SSEMI NATION OF l NFORMATIO(b)(3) NatSecAcED FROM

1. (S//NF) RETENTION. Information about a U.S. person that is not derived from!
I
I
fnay be retained if it relates to the responsibilities listed in Part II above
and if it falls within any one of the following criteria:
a. (U) The information is puplicly available, consensual, or identifying information. (see Part
V. B.l. above)
b. iSN~~F) The information is foreign intelligence or counterintelligence ; information concerning
international terrorist activities; information concerning foreign aspects of international
narcotics activities ; information needed to protect the safety of persons or organizations;
information needed to protect foreign intelligence or counterintelligence sources and methods
from unauthorized disclosure; information concerning personnel, physical , or communications
security; information acquired by overhead reconnaissance; information that may indicate
involvement in activities that may violate federal , state, local, or foreign laws; or information
necessary for administrative purposes.
(b)( 1)

(b)(3) NatSecAct

d.,~

The information is retained in such a manner that it cannot be retrie ved by reference
to the person's name or other identifying data.
·
e .-i8//~~F)-The information is processed to delete ·the identity of the U; S. person and all
personally identifiable infor_mation. In such cases a generic term which does not identify the
U.s. person in the context of the information, such as "businessman, may be substituted.
f. (S//~W) The information is (1) necessary for the purposes of oversight, accountability, or
redress, (2) relevant to an administrative, civil , or criminal procee_ding or investigation, (3)
required by law to be retained, or (4) necessary to be retained f'(b)(1 purpose of determining
that the requirements of these procedures are satisfied.
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1

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r

h. (Sin~FJ Such retention is necessary to a lawful activity of the United States and the General
C ounse l, in consultation with the Department of Justice , determi nes thatsu.ch retention is
lawful.
i. ~f1Pqf7 Such retention is necessary for a reasonable period to determine whether the
information falls within any or more of the categories above.
2. ~//~dF)-01 SSEMI NATION. I nformatiori about aU. S. person may be disseminated within
CIA to employees who need to know the information in the course of their official duties and to
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each appropriate agency within the Intelligence Community for purposes of allowing the
agency to determine whether the infor.mation is relevant to its responsibilities and can be
retained by it. In addition, such information which may be retained about a U.S. person in
. accordance with paragraph 1 above may be disseminated:
a . (S//~JF) To the President, the Vice President, the Directo r of National Intelligence, the
National Security Council, ~nd Chiefs of Mission;
b . (S//~~F) To executive agencies and military departments which need the information to
perform their lawful functions;
c. (~1/~JF) To appropriate law enforcement agencies having jurisdiction or responsibility for
the investigation or prosecution of activities to which the information relates;
d. (S//~~F) To entities of cooperating foreign governments (including information obtained from
lawful agency records checks for dissemination to these entities for any lawful purpose such
as determining suitability for employment and immigration), provided they agree to such
further restrictions on dissemination as may be necessary;
e. (51/~~F) To members of Congress who express a need or interest in obtaining a·biographic
report, when the subject of the report is a non-U.S. person and the information concerning the
activities of a U.S .. person contained in the report is re lated to its subject;
f.-(5//NF}-To the Senate Select.Committee on Intelligence and the House Permanent Select
Committee on Intelligence when the information is relevant to th(b).(f)Jersi ht res onsibilities ;

g.
h.

(b) (3) NatSecAct
(SI/~~F)

:ro governmental entities if the info rmatio n was not used , knowi ngly retained,

or

processed within CIA, such as when the Agency acts as a mere condu it for informati on
.
intended sol.ely for other entities;
i. (S/tr~F) 1o other recipients, if the subject of the information provides ·prior consent in writing;
or
j . ...(5//~JF}- To other recipi e nts, if such dissemination is necessary to a .lawful activity of the
United States, and the General Counsel, in consultation with the Department of Justice,
determines that such dissemination is lawful.
3 . (S/IP~F) The identity of a U.S. p·e rson may be retained and diss·eminated along wi th
information concerning him if the information qualifies for retention or dissemination unde r
p arag raph l-or 2 above . Such an identity may be disseminated outside the Intelligence
Community only if it is necessary or i.f it is reasonably believed that it may become necessary
to understand or assess such information.
B. (£//~JF) RETENTION AND DISSEMINATION OF INFOR MATIO N DERIVED FROM
Information about a U.S. pe rson
(b)( 1)
(b)(3) NatSecAct

_j

may be retained or disseminated if it qualifies under Appendi x D. This
LA
- pp_e_n_d-ix_a_p_p-li__,
es to[
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.(See Appendix A for complete definition.)!

Information about a U.S. person
derived from
should be carefully segregated, and special
care should be taken that such information is processed in strict accordance with Part VI.A.
above as well as !
procedures approved by the Attorney" General. ·
.-------'

---

(b)(1)
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VII. (SJ/N8 CIA COUNTERINTELLIGENCE ACTIVITIES

A. f51/r\IF) CIA may provide technical and analytical assistance to the FBI, NSA, or other
agency within the Intelligence Community, including the evaluation, analysis, or other
processing of information collected by the Bureau or agency, if:
1. (S//~~FJ CIA personnel do not participate in the collection of raw information; and
2.-f6ffl'itFY The Cl A General Counsel determines that the particular assistance or a category
of assistance is consistent with all applicable law, including the provisions of the National
Security Act of 1947, as amended, except that no General Counsel determination is needed to
provide translation assistance if participating employees do not disseminate raw information
from such translations.
B. ~S/I~<IF) CIA may conduct other counterintelli_gence activiti es if:
1. (~//~JI=) The CIA General Counsel determines that such conduct by CIA is consistent with
al l applicable law, including the National s·ecurity Act of 1947, as amended;
2. (SI/rc;JF) Such activities are approved by the Director, Central Intellig ence Agency or Deputy
Director, Central Intelligence Agency, and , to th~ extent required by FBI procedures,
approved by the Attorney General; and
3. (S!/NI=t Such activities are coordinated with the FBI in accordance with the 2005 CIA-FBI
MOU.
C. (S/!~~F) All requests for .c lA assistance from the FBI or intelligence elements of the military
services involving activities covered under A. or B. above shall be made by the Director, FBI ,
or by senior FBI officials designated in writing by him, and should contain the information
specified in Appendix G.

VIII. (U) UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED STATES
A.

f£//~JF7

PERMITIED PARTICIPATION
1.-fS//rQFj A staff employee or an asset may join or otherwise participate in any organization
'in the United States only in the fo llowing circumstances :
a.~ If acting in a private capacity for a personal purpose and CIA does not pay dues,
membership or entrance fees . APPROVALAUTHORilY: No special approval req uired.

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I

B. (SI/~~F) LIMITATIONS
1. (S//~W) Use or placement of a staff employee or an asset in an (b)(1 )ni zation in the United
States to s ot or assess U.S. citizens is rohibited .
(b)(3) NatSecAct

3. (SIIf\IF) Collection within the United ·states of significant -foreign intelligence not otherwiseobtainable may not be undertaken for the purpose of acquiring information concerning the
domesti c activities of United States persons.
4. (S//~dF) A person is employed by an organization if he or she is employed by, assigned to ,
or acts for the organization.
C. (U) APPROVAL PROCEDURES FOR PERMI.TIED ACTIVITIES
1. (U) Before approving an undisclosed participation the app roving C IA official must
determine that such participation is essential to achieve one or more of the lawful purposes
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specified in Part VII I.A. above. All determinations made under these procedures shall specify
the duration of the participation, not to exceed three years , unless reapproved in accordance
with these procedures.
2. (U) All requests to the Director, Central .! ntelligence Agency, Deputy Director, Central
Intelligence Agency or DDO for approval of an undisclosed participation shall be forwarded
through the General Counsel. All other requests will be subject to, but not require, the review
of the General Counsel.

IX. (U) ADMINISTRATION AND EFFECTIVE DATE
A. (U) A person who is officially acting in the absence of an employee may exercise the

powers of that employee.
B. (U) 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. (U) The se procedures are not intended to , and do not, create any right or benefit
enforceable at law or in equity by any ·party against the United States, its departments ,
agencies, entities, officers, employees or agents, or any other person.
D. (U) These procedures shall become effective immediately upon signature by the Director,
Central Intelligence Agency, the Attorney General, and the Director of National Intelligence.
APPROVED

I approve the foregoing procedures in accordance with Executive· Order 12333, as amended.
In my opinion, intelligence activities conducted pursuant to and in accordance with these
procedures are lawful.
[Signed] Alberto Gonzales, Attorney General, on July 20, 2005

1 approve the foregoing procedures in accordance with Executive Order 12333, as amended .
[Signed] John Negro ponte , Director of National Intellig ence, on June 24, 2005
1 approve and establish the foregoing procedures in accordance with Executive O rder 12333,
as amended.
(Signed] Porter Goss , Director, Central Intelligence Agency, on June 21, 2005

Ill.
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(U) [This provision is part of the ARGO template and is NOT part of the approved policy; See
·
Section 1-1, above.]

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