C062357l4 1 (mm) Approved for Release: 2015/04/29 006235714 NatSecAct (U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-16. AR 2-2A ANNEX A -- GUIDANCE FOR CIA ACTIVITIES OUTSIDE THE UNITED STATES (Formerly HR 7-1ANNA) OGC REGULATION SERIES 2 (INTELLIGENCE PUBLISHED ON 23 DECEMBER 1987 Regulation Summary ingested from Regulationscia on 10 May 2013 I. (U) Policy GUIDANCE FOR CIA ACTIVITIES OUTSIDE THE UNITED STATES This annex is not in the usual Agency regulatory format and is printed to retain the original wording of the agreed procedures implementing Sections 2.3 and 2.4 of Executive Order 12333 approved by the Director of Central Intelligence and the Attorney General. GUIDANCE FOR CIA ACTIVITIES OUTSIDE THE UNITED STATES I. INTRODUCTION A. SCOPE?Executive Order 12333 outlines the duties and responsiblities of CIA as well as limitations upon intelligence 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. AR 2-2A 1 of 17 Approved for Release: 2015/04/29 006235714 CO6235714 Approved for Release: 2015/04/29 006235714 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. procedures are intended to: 1. ll. RESPONSIBILITIES-CIA is responsible outside the United - 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; . Provide legal protection to employees who follow the procedures by providing authority for intelligence activities; and 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. States for: A. Collecting and disseminating foreign intelligence and B. counterintelligence, otherwise obtainable; including information not 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 traf?cking; D. Conducting research, development (including AR testing), and procurement of technical systems and devices relating to authorized functions; SECRET Approved for Release: 2015/04/29 C06235714 20f17 CO6235714 Approved for Release: 2015/04/29 C062357f4 . Protecting the security of its installations, activities, information, property, and employees by appropriate means; .Conducting . Intelligence Community services of common concern as directed by the . Conducting special activities in support of national foreign policy objectives abroad approved by the President and consistent with applicable laws; . Coordinating the collection of intelligence information not otherwise obtainable; Conducting relationships with intelligence and. security services of foreign governments and coordinating, in accordance with policies formulated by the DCI, foreign intelligence and counterintelligence relationships between other departments and agencies and the intelligence and security services of foreign governments; and .Conducting administrative and technical support activities necessary to perform the functions described above. CIA activities outside the United States must be related to the responsibilities identified above and must be authorized as outlined in these procedures. IV. GENERAL PRINCIPLES A. ACTIVITIES procedures apply only AR 2-2A to CIA activities abroad involving U.S. persons. There are no restrictions under these procedures on activities not involving persons. However, employees must also comply with existing Agency policies regulating employee conduct abroad. SECRET Approved for Release: 2015/04/29 C0 62 3 5 7 4 Approved for Release: 2015/04/29 006235714 B. INDIVIDUALS TO WHOSE ACTIVITIES THESE PROCEDURES procedures apply to the activities of all CIA employees, including individuals assigned to or acting for CIA, such as contractors and mm agents, NatSecAct undertaken directly by (S) D. LEAST INTRUSIVE TECHNIQUE FEASIBLE-A certain collection technique may be used only if a less intrusive technique cannot acquire intelligence of the Fnature, reliability, and timeliness required. As a rule, I lare (mu) (ng) Intruswe thanL E. EMERGENCIES 1.LIFE OR PHYSICAL 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 i(see (b)(3)NatSecAct pages Band 9), retention, or dissemination of information concerning U.S. persons that is relevant to the danger or its prevention, reduction, or elimination, if the authority who must normally approve such activities is advised as soon as possible/?87 - 2. RISK OF INTELLIGENCE LOSS?Nothing in these AR 2-2A SECRET 4 of 17 Approved for Release: 2015/04/29 (306235714 Approved for Release: 2015/04/29 006235714 procedures shall. he coost DmbibjLaLiAT employee from to secure prior approval would cause failure or signi?cant (bxsmatsec?e?d delay in obtaining significant intelligence and an official who must normally approve such technique is advised as soon as possible. An emergency jmay not be used for this purpose unless there are facts and (mm circumstances indicating that the subject (b)(3)NatSecAct person is an" agent of a foreign power, the intelligence sought is significant, and the technique is not directed at an individual within the United States. Approval by the most senior of?cial possible should be obtained if time permits. An emergency lmay not be conducted (mm for more than 72 hours without approval of the (b)(3)NatSeCAct Attorney General. in these procedures shall prohibit collection, retention, or dissemination of information concerning U.S. persons necessary for administrative purposes (including contracting, building maintenance, construction, fiscal matters, internal accounting procedures, disciplinary matters, and investigations ofalleged crimes or improprieties by Agency employees) by Agency components authorized to perform such functions. V. COLLECTION DIRECTED AT U.S. PERSONS A. WHAT IS A US. A US. person is a U.S. citizen, an. alien known by to be a permanent resident alien, an unincorporated association substantially composed of US. citizens or permanent resident aliens, or a corporation incorporated in the United?States, except for a corporation directed and AR 2-2A SECRET 5 of 17 Approved for Release: 2015/04/29 (306235714 CO6235714 Approved for Release: 2015/04/29 006235714 controlled by a foreign governmentA person or organization outside the United States may be presumed not to be a US person, unless specific information to the contrary is obtained. (See Annex for complete definition.) NatSecAct Agroved for Release: 2015/04/29 006235714 Boil? (pm) Approved for Release: 2015/04/29 006235714 . I 2. APPROVAL jequires no approvals under these 'pToEETdUr?e?Sf" - - SECRET 7 of 17 Approved for Release: 2015/04/29 006235714 (206235714 Approved for Release: 2015/04/29 (306235714 (bxg) NatSeCAct AR 2-2A - - SECRET 8 of 17 Approved for Release: 2015/04/29 (306235714 Approved for Release. 2015/04/29 C06235714 (bxs) NatSecAct AR 2-2A SECRET 9 of 17 Approved for Release: 2015/04/29 (306235714 CO6235714 (bxg) Approved for Release: 2015/04/29 C06235714 i 3. APPROVAL AUTHORITY-A Chief of Station, Chief of Installation, Chief of Base, or other senior official specified in Appendix may approve the use,_ona _gs_e_?by?case basis, __of _4 at a U.S. person if the facts (bll3lNatSeCACl and circumstances available to him at the time indicate that one or more of the types of information described in paragraph 2 above may be obtained. . . . . NatSecAct Approvrng may consult With Headquarters prior to authorizingL and should advise Headquarters of any approvals to use such techniques. lto (3) (mm collect foreign Intelligence abroad may be approved (b)(3)NatSecAct only to obtain significant information that cannot _re__asonably__be acquired by other means. lmay not used solely to acquire informatiOn about (1) (3) NatSecAct 1) 3) NatSecAct NatSecAct AR 2-2A SECRET 10 of 1? Approved for Release: 2015/04/29 006235714 CO6235714 - Approved for Release: 2015/04/29 (306235714 a. Electronic surveillance (telephone surveillance, microphone surveillance, signals intelligence). Acquiring a communication with the consent of one of the parties to the communication or one of the parties visibly present is not electronic surveillance (See Annex for complete definition); CT (Mu Natseiact I'fS?ee Mnex . Unconsented physical searches (searches of real or personal property, including property NatSecAct entrUSted t0 Agencyemployees or assets); and d. 2 . WHEN MAY (an) Jw' NatseCACt Af?rm?afar) I directed at a US. person outside the Uniteigtatis (mm ll NatSecAct rmay be spught if: a. The facts and circumstances indicate that the person at whom the surveillance is directed is reasonably believed to be an agent of a fOreign power (See Annex for complete definition); b. The information sought is necessary and significant foreign intelligence or counterintelligence, and the purpose of the surveillance is to obtain such intelligence; and c. TheI information cannot reasonably be acquired 9X J, (mu) (b)(3)NatSecAct i AR 2-2A . SECRET 11 or 17 Approved for Release: 2015/04/29 006235714 CO6235714 NatSeCAct Approved for Release: 2015x0429 C06235714 3 .APPROVAL 'AUTHORIT?Head?quarters approval _must_ be 0btained_pior -. I ft?tsid?e?the Umte?d (bill) States. The request Will be forwarded through the (b)(3)NatSeCAct General Counsel for his concurrence. Headquarters? may permit use of !if Attorney General approt/al, based upon his finding of probable cause to believe 1) that the technique is directed against a NatSecAct 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 required if undertaken for law enforcement purposes. (8) 4. warrantiess opening of mail in U.S. (gig) A postal channels is prohibited. (See Annex for at 80 Ct complete definition of mail in U.S. postal channels.) . . 5. Tmay be dinected_abro_a_d_at_ NatSecAct non-US. persons abroad (mm (b)(3)NatSecAct i Vl. PROCESSING OI: U. 8. PERSON INFORMATION A .RETENTION JNFORMATION DERIVED FROM NatSecAct AND DISSEIVIINATION (bio) l. RETENTION-Information about a US. person that AR 2-2A NatSecAct . . . 1 IS not derived from:: may NatSecAct SECRET Approved for Release: 2015/04/29 (306235714 12 Of 17 (306235714 AR 2-2A Approved for Release: 2015/04/29 006235714 be retained if it falls within anyone of the following criteria: a. The information is publicly available, consensual, or identifying information (see Part V.B.1. above). b. The information is foreign intelligence or counterintelligence; information concerning international terrorist activities; information concerning 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 necessary for administrative purposes. d. The information is retained in such a manner that SECRET Approved for Release: 2015/04/29 (306235714 13 0f 17 Approved for Release: 2015/04/29 006235714 it cannot be retrieved by reference to the person's name or other identifying data. e. The information is processed to delete the identity of the U.S. person and all personally identifiable information. 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. The information is (1) necessary for the purposes of oversight, accountability, or redress, (2) relevant to an administrative, civil, or criminal proceeding or investigation, (3) required by law to be retained, or (4) necessary to be retained for NatSeCAct the purpose of determining that the requirements of these procedures are satisfied. h. Such retention is necessary to a lawful activity of the United States, and the General Counsel, in consultation with the Department of Justice, determines that such retention is lawful. i.Such retention is necessary for a reasonable period to determine whether the information falls within one of the categories above. 2. about a U.S. person may. be disseminated within CIA to employees who need to know the information in the course of their official duties and to each appropriate agency within the Intelligence Community for purposes of allowing the agency to determine whether the information is relevant to its'responsibilities and can be retained by it. In addition, such information which may be AR 2-2A SECRET 14 of 17 Approved for Release: 2015/04/29 006235714 Approved for Release: 2015/04/29 (306235714 retained about a US. person in accordance with paragraph 1 above may be disseminated: a. To the President, the Vice President, the National Security Council, and Chiefs of Mission; b. To executive agencies and military departments which need the information to perform their lawful func?ons; - c. To appropriate law enforcement agencies having jurisdiction or responsibility for the investigation or prosecution of activities to which the information relates, provided that no such information will be disseminated to the Law Enforcement Assistance AdminiStration except through the d. 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; (bill) NatSecAct e.l f. To governmental entities if the information was not used, knowingly retained, or processed within CIA, such as when the Agency acts as a mere conduit for information intended solely for other entities; g. To other recipients, if the subject 0f the information provides prior consent in writing; or i AR SECRET Approved for Release: 2015/04/29 cor-3235714 15 of 17 Approved for Release: 2015/04/29 (306235714 h. To other recipients, 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. (S) 3. The identity of a U.S. person may be retained and disseminated along with information concerning him if the information qualifies for retention and dissemination under paragraph 1 or 2 above and if the identity is necessary or if it is reasonably believed that it may become necessary to - - understand or assess such Information. M3) B. RETENTION AND OF FROM L. Jilnformation about a (mo) (W3) Natse AEES. person i_ may bETefained?or disseminatECWf it? _qua ifies_under Appendix D._This Appendix applies to 1 (bin) i NatSeclAct ?l 1C for complete definition.) 'i I ilnformation abggaf US. person derived from "?iL l?should be carefully segregate?d, and special care should be taken that such information is (b)(3)NatSeCACt processed in strict ?accordance with Part VLA. above as we?, as i- '7 proceduresmm approved by the Attorney General. (8) NatSecAct AR 2-2A SECRET 16 of 1? Approved for Release: 2015/04/29 (306235714 Approved for Release: 2015/04/29 006235714 Vll. ADMINISTRATION AND EFFECTIVE DATE A. A person who is officially acting in the absence of an employee may exercise the powers of that employee. .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. Nothing in these procedures is intended to confer any substantive 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. APPROVED 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. 3 June 1982 Is! William French Smith Date Attorney General I approve and establish the foregoing procedures in accordance with Executive Order 12333. 17 June 1982 William J. Casey Date Director of Central Intelligence AR 2-2A SECRET 17 0T 17 Approved for Release: 2015/04/29 006235714