TOP SECRET1~40FORN May 22, 20 13 PROCEDURES FOR APPROVING DIRECT ACTION AGA INST TERRORIST TARGETS LOCATED OUTSIDE THE UN ITED STATES AND AREAS OF ACT IV E HOST ILITI ES Thi s Pres idential Policy Guidance (PPG) establishes the standard operating procedures for when the United States takes direct acti on, whi ch refers to lethal and non-lethal uses of force, including capture operations, aga inst terrori st targets outside the Un ited States and areas of active hosti lities. Any direct action must be conducted lawfu ll y and taken against lawful targets; wherever poss ible plan. In particular, whether any such action will be done pursuant to a proposed target wou ld be a lawful target for direct action is a determination that wi ll be made in the first instance by the nominating department' s or agency's counse l (with appropriate lega l review as provided below) based on the legal authorities of the nominating department or agency and other applicable law. Even if the proposed target is lawful, there remain s a separate question whether the proposed target shou ld be targeted for direct action as a matter of policy. That determination will be made pursuant to the interagency review process and policy standards set forth in thi s PPG. The most important policy objective. particularly info rming considerati on of lethal action, is to protect American lives. Capture operations offer the best opportunity for meaningful intelligence gain from counterterrorism (CT) operations and the mitigation and disruption of terrorist threats. Co nsequentl y, the Un ited States prioritizes. as a matter of policy. the capture of terrorist suspects as a preferred opti on over lethal action and will therefore require a feasibility assessment of capture options as a component of any proposal for lethal action. Lethal action shou ld be taken in an effort to prevent terrorist attacks against U.S. persons only when capture of an individual is not feasible and no other reasonable alternatives exist to effectively address the threat. Lethal act ion should not be proposed or pursued as a punitive step or as a subst itute for prosecuting a terrorist suspect in a civilian court or a military commission. Capture is preferred even in circum stances where neither prosecution nor third-country custody are avai lab le disposition options at the time. CT actions, including lethal action against designated terrorist targets. shall be as discriminating and precise as reasonabl y possible. Absent extraord inary circumstances, direct action against an identified high-value terrorist (HVT) will be taken onl y when there is near certainty that the individual being targeted is in fact the lawful target and located at the place where the action will occur. Al so absent extraordinary circumstances, direct action will be taken onl y if there is near certa inty that the action can be taken w ith out injuring or killing non-combatants. For purposes of this PPG. non-combatants are understood to be individuals who may not be made the object of attack under the law of armed conflict. The term ·'non-combatant" does not incl ude an individual who is targetable as part of a belligerent party to an armed confli ct, an individual who is taking a direct part in host ilities, or an indi vidual who is targetable in the exercise of national se lf-defense. Moreover, internationa l legal principles. including respect for a state's sovereignty and the laws of war, impose important constraints on the ability of the Un ited States to act 1'@1 P ~ EO!ilE1'/t 4@1P@I !ill;' TO P SECRET/NO FOR?J unilaterally- and on the way in which the United States can use force - in fore ign territories. Direct action should only be undertaken As renected in the procedures contained in thi s PPG, whenever possible and appropriate, dec isions regard ing direct action wi ll be informed by departments and agencies with relevant ex pertise. knowledge, and equ ities . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •. as we ll as by coordinated interagc ncy intelli gence ana lysis. Such intcragency coordination and consultation wil l ensure that deci sions on operati onal matters or such importance are well-informed and wi ll rac ilitate de-confliction among departments and agencies addressing ove rlapping threat streams. uch coordination is not intended to interfere with the trad iti onal command and control authority of departments and agencies conducting CT operati ons. Lastly. when considering potential direct action against a U.S. person under this PPG, there are add iti onal questions that must be answered. The Depat1ment of Justi ce (DOJ ). for example. must conduct a lega l analysis to ensure th at such action may be conducted against the individual co nsistent wi th th e laws and Constitution of the United States. Based on the principles and priorities described above. Section I sets forth the procedure for estab lishing plan for taking di rect action against terrorist targets. Section 2 sets forth the approva l process for the capture and long-term dispos ition of suspected terrorists. Section 3 sets forth the policy standard and procedure for designating identified I IYTs for lethal acti on. Section 4 sets fo rth the policy standard and procedure for approv ing ktha l force aga in st terrorist targets other than identified HVTs. 1 Section 5 sets forth the procedures for approving proposals that vary from the policy guidance otherwise set fo rth in thi s PPG. Section 6 sets fo rth the procedure for arter-ac tion reports. Section 7 addresses congressional not ification. ection 8 sets forth general provisions. SECTION 1. Procedu re fo r Esta blishing a Direct Actio n Against Terrorist Ta rgets Pla n for taking 1.A Operatio na l Plans for Taking Direct Actio n Against Terrorist Targets Each of the operating agencies may propose a deta il ed operational plan to govern their respective aga inst: ( I) suspected terrorists who may direct action operations be lawfull y detained: (2) identified HVTs who may be lawfully targeted for lethal act ion; or (3) lawful terrorist targets other than identilied I IYTs. J.B l nteragency Review of Operational Pla ns All operational plans to unde rtake direct acti on operati ons against terrorist targets· · · • • • • • • • • • • must undergo a legal review b) the general counse l(s) or the operating 1 This PPG docs noL address ocherwise lawful and properl y authorized acti vi ties !hat may have lethal effects. which are incidental to the primary purpose of the operation. TOP SEC RET/t40 FORH 2 TOP SECR:ETi'l'40FORH agency executing the plan , and be submitted to the Nationa l Security Staff (NSS) for interagency review. All proposed operational plans must conform to the policy standards set forth in this Section. A ll proposed operational plans to undertake direct acti on aga ins t terrorist targets ­ • • • • • • • • • • • along w ith the conc lus ions of the Genera l Counsel, s ha ll be re ferred to the NSS Legal Adv iser. The NSS Lega l Adv iser and the General Cou nse l of the propos ing operating agency shall consu lt with other department and agency counse ls, as necessary and appropri ate. The NSS Lega l Adviser shall submit the relevant legal conclusions to the Deput ies Com mittee to inform its consideration of the proposed operati ona l plan . A II proposed operationa l plans to undertake direct action aga inst terroris t targets· · · · · · · · · · · • • lwill be reviewed by appropriate members of the Deputies and Princ ipal s Comm ittees of the National Security Counc il (NSC) (defined in Presidential Policy Directive- I or any successor directive) before presentation to the President for dec is ion. l.C Guidelines for Operationa l Plans Any operationa l plan for taking d irect action against terrorist targets· · · · · · · · · sha ll . among other things. indicate with preci sio n: I) The U.S. CT objectives to be ach ieved; 2) The duration of time for w hi ch the authority is to remain in force: 3) T he international lega l bas is for tak ing action • • • • • 4) The strike and s urve illance assets that may be e mployed w hen taking action against an a uthori zed obj ective; 5) 6) Any proposed stipulation related to the operationa l plan, including the durat ion of a uthority for such stipulation ; 7) Any proposed variations from the po licies and procedures set forth in this PPG; and 8) The cond iti ons precedent for any operation, w hich s hall inc lude at a minimum the following: (a) near certainty that an identified HVT or other lawful terrorist target other than an identified HVT is present; (b) near certainty that non-combatants wi ll not be inJured or kill ed: (c) and (d) ir letha l force is being employed: (i) an assessment that capture is not feasib le at the time o f the operation: (i i) an assessment that the relevant governmental authorities in the country where actio n is contemplated cannot or wi ll not effectively address the threat to U.S. persons; a nd (iii) an assessment that no other reasonable alternatives to lethal acti on exist to effectively address the threat to U.S. persons. : Operational disagreements shall be elevated to Principals. The President will adjudicate any disagreement among or between Principals. .., .) TOP SECREH~JOFOR~J l.D Additional Requirements When Requesting Authority for Directing Lethal Force Against Targets Oth er Than Identified HVTs When req uesting authority to direct lelhal force against lerrorist targets other than identificd HVTs, the plan sha ll also inc lude the fo llow ing: I) The types of targets that would qualify as appro priate targets pursuant lo Secti on 4 (Terro rist Targets Other Than Identified HVTs) for purposes of the proposed operati onal plan: and 2) A description of the operating agency" s internal process fo r nominating and approving the use of lethal fo rce aga inst terrorist targets other than identified HYTs. t. E Policies and Procedures The operating agencies shall estab li sh harmonized policies and procedures for assessing: I) ear certainty that a lawful target is present: 2) Near certainty that non-combatants will not be injured or killed; and 3) With respect to a pro posa l to lake direct acti on aga inst terrori st targets other than identified HVTs, whether the target qualifies pursuant to the poli cy standard set fo rth in Secti on 4.A of thi s PPG and in the specifi c operati onal plan. 1.F When Using Lethal Action , E mploy All Reas onably Available Resources to Ascerta in the Identity of the Target When the use of lethal action is deemed necessary. departments and agencies of the Un ited Slates Government must em ploy all reasonably ava ilab le resources to ascertain the identity of the target so that action can be taken, for example. aga inst identi fied HVTs in accordance with ection 3 of th is PPG. Veri fy in g a target·s identity before taking lethal acti on ensures greater certainty of outcome that lethal action has been taken against identifi ed I IVTs who sat isfy Lhe policy standard for lethal action in ection 3.A. l.G Principals and Deputies Review of Operational Plans for Taking Direct Action Against Terrorists Ta rgets· · · · · · · · · · · · · · · When considerin g a pro posed operati onal plan, Principals and Deputies shall eva luate the fo ll owing issues, along with any others th ey deem appropriate: I) The implications fo r the broader regional and international political interests of the Un ited States; and 2) For an operational plan that includes the option of lethal force against targets other than identi fied HVTs. an ex planation of why authorizi ng direct action against targets other than identi fied HYTs is necessary to ach ieve U. . pol icy objectives. 4 TOP SECRET~qQfOR~q t.H Presentation to the President I .H. I If Lhe Principal of the nominaling operating agency, after review by Principal s and Deputies. cont inues to support Lhe operational plan, the plan sha ll be presented to the President for decis ion, a long with the views expressed by departments and agencies during the NSC process. I.H.2 An appropriate NSS o fficial will communicate, in writing, the Preside nl 's decision, inc luding any Lerm s or conditions placed on a ny a pproval, to appropriale deparLmcnts a nd agenc ies. 1.1 Amendments or Modifications to Operational Plans Excepl as described in Section 5, any amendments or modifications to an approved operalional s hall undergo the same review and approval plan ror di rect action process oullined in this Section. SECT ION 2. Approval Process for Certain Captures and the Long-Term Disposition of Certain Suspects This Secti on sets forth the approval process for nominating for capture s uspected terrorists or individuals providing operati ona l support to suspected terrori sts (in this section, togeLhcr referred to as ·'suspects"): proposals to take custody of suspects, including pre- and post-capture screening: and determining a long-term disposition for suspects. Unless otherwise approved in an operat iona l plan under Section I. the SS shal I coordinate for interagency review under this PPG, as descri bed bel ow, the fol lowing: ( I) operations intended to result · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (2) operati ons that result in United States Government personnel taking custody (through a capture or lrans rer) 3 of a s uspect located overseas and outside areas or active host ii ities; and (3) long-term disposition deci sions wilh respect to such suspecls. The involvement of United Slates Government personn el in extraditions or transfers initiated for the purpose o f prosecution in civi Iian court or those scena rios to which PPD-1 4 applies (i.e., ci rcumslances in w hich an individual is arrested or otherwise taken into custody by the Federa l Bureau of Investigati on 4 (FB I) o r another Federal law en fo reemenl agency) are nol covered by this PPG. Captures and Transfers by Foreign Governments: These procedures do not a ppl y to U.S. law enrorcement requests for fo reign governments to arrest or otherwise take into custody a s uspecL ' ··custody:· as referred to here. it is anticipated that the United States Government will have temporar; or transitory custody of the individual(s) without the presence of officials of the foreig n government maintain ing custody of the detainee(s). 4 Consistent with existing policy and practice. DOJ will. as appropriate. continue to notify the SS. through the Counterterrorism Security Group (CSG). of plans to arrest. or seek the extradition or transfer of. a suspected terrorist. and where appropriate (e.g.. to consider other potential disposition optio ns) the SS. in consultation with DOJ, may arrange for interagency consideration ofa request for extradition or transfer. 5 TOPSECRETfNOFORN or lo United States Government provision of training. funds, or equipment to en able a forei gn government to capture a suspect. These procedures also do not apply to non-law enfo rcement United States Government requests to capture a suspect who will remain in the custody of the fo reign government or to the prov ision of actionable intelligence to enable such captures. Every 6 months, departments and agenc ies shall notify the NSS of any requests made of a foreign governm ent to capture a suspect in the preceding 6 months. Unless covered by the exceptions above or otherwise inc luded in an operational plan under Secti on I, if United States Government capture a suspect. personne l or an operati on is intended to result in United States Government personn el taking custody of a suspect. the department or agency must submit a proposal through the NS fo r interagency may include additi onal conditions rev iew. Operational plans requi ring interagency review of capture operali ons in vo lving United Slates Government personnel, depending on the poli cy consideration of the panicular country or region in which the operati ons would occur. If United tales Government perso nnel are expected· · · · · • • • • • • • • • • • • • • • • • • to capture or transfer suspects in a part icular country or region on an ongoing basis. the department or agency invo lved should seek to include a proposed plan for such activities in the operational plan approved under Section I. 2.A Nomination Process 2. A. I Any department or agency participating in the Deputies Committee rev iew in Section 2. D may identify an individual for consid erati on, but only an operating agency or DOJ ("nominating agencies·· for purposes of Section 2 of this PPG) may forma lly request that a suspect be considered for capture or custody by U.S . personnel. Additionally, a department or agency that has captured a suspect, or that plans to capture or otherwi se take custody o f a suspect. shall , whenever practicable, propose a long-term dispos ition for such indi vidual. Prior to requesling that an indi vidual be considered fo r capture or custody by the United States, the nominating agency must confirm with its General Counsel that the operation can be conducted lawfull y, but it i not neces ary to have reso lved the long-term di spos ition plan prior to propos ing a capture operati on. 2.A.2 Whenever possible, the nomin ating agency shall notify the lnteragency Dispositi on Planning Group prior to such a request. 2.A.3 A nomination for custody, inc luding capture, or a proposed long-term disposition under Section 2.A. I shall be referred to the NSS, which shall initiate the screening process described in Section 2.8. 2.A .4 In the event initial screening under Section 2.B has not taken place pri or to U.S. personnel taking custody of a suspect. the process for screening after capture described in ection 2.C shall be initiated . I 1i8P 8E@RE1i:'tJ8F8 RlJ 6 T8P BECflET;~J8f8fHJ 2.B Screenin g Prior to a Capture Operation 2.8. 1 The nominating agency shall prepare a profile for each suspect referred to the S for rev iew of a proposa l to capture or otherwise lake custody of the indi vidual. The profile shall be developed based upon all relevant di sseminated information ava ilable to th e Inte lligence Community (IC), as well as any other in fo rmation needed Lo present as co mprehensive and thorough a profil e of the individual as possible. The profi le should ex plain any difference of views among the IC and note. where appropri ate. gaps in existing intelli gence. as well as inconclus ive and contradictory intelligence reports. At a minimum , each indiv idual profile shall include the fo llow ing in fo rmati on to the extent that such information ex ists: • 2.B.2 Once the profile has been completed. the nominating agency shall provide the profi le to the NSS Senior Director for Countcrterrorism. 2.B.3 Whenever tim e perm its, the lnteragency Di sposition Pl ann ing Group shall assess the ava il ability. inc luding the strengths and weaknesses. of potential di spositi on opti ons. 2.B.4 All nominations under thi s Secti on for capturin g or otherwise taking a suspect into custody must undergo a legal rev iew by the General Cou nsel of the nominating agency to determine that the suspect may lawfully be captured or taken into custody by the United States and that the operation ca n be cond ucted in accordance with applicab le law. T he Genera l Counse l' s concl usio ns shall be referred to the NSS Lega l Adviser. The NSS Lega l Adv iser and the General Coun se l of the nominating agency shalI consult wi th other department and agency counse ls, as necessary and appropriate. In addition, in the event that the suspect who has been TOP ~1!:'2Rl5T~IOFO~~I 7 TOP gcc ~GT:'!'IOFOR~I nominated is a U.S. person. DOJ shall conduct a legal analysis to ensure that the operation may be conducted consistent with the laws and Constitut ion of the United States. The NSS Legal Adviser shall submit the relevant legal conclusions to the Deputies Comm ittee to inform its considerati on of the nomination. 2.B.5 The NSS shall convene a Restricted Countcrterrorism Security Group (RCSG/' for the purpose of rev iewing and organi zi ng materi al and addressing any issues related to the nomination of an individua l for capture. custody, or long-term dispos ition. Before forward ing to the Deputies the nominati on of a suspect for captu re or to otherwise be taken into custody, the RCSG shall identify whether any other material is needed fo r Deputies' consideration of the nomination and issue taskings to departments and agencies. as appropriate. For each nominati on. the Swill request. and the at ional Counterterrorism Center (NCTC) shall conduct. an assessment of the suspect and provide that assessment to the SS prior to consideration of the nomination or proposed long-term disposition by the Depmies Committee. and where feasible. pri or to RCSG review. The SS wil l be responsible for ensuring that all necessary material s. including the profile developed by the nominating agency and th e CTC assessment, are included in the nomination package submitted to Deputies. 2.C Screening After Capture 2.C. I Whenever feas ible. initial screening by the United States of suspects taken into U.S. custody shoul d be conducted before th e United States captures or otherwise takes custody of the suspect, as set out in Sect ion 2. B. 2.C.2 In the event initial screen ing cannot be conducted before the United States takes custody of the individual. immediately after capturing or otherwise taking custody of the suspect, appropriate U.S. personnel shall screen the individual to ensure that the correct indi vidual has been taken into custody and that the individual may be lawfull y detained. Such screening shall be conducted cons istent with the laws and policies applicable to the authorities pursuant to which the ind ividual is being detained. and 2.C.3 2.C.4 In the event that the suspect is detained pursuant to law of war authorities by the U. military and add iti onal time is needed for purposes of intelli gence col lection or the devel opment of a long-term disposition option. the Secretary of Defense or his designce, fo ll owing appropriate intcragcncy consultations coordinated through the NSC process, may approve an extension of the screening period subject to the fo ll owing: ~ The RCSG shall be chai red by the NSS Senior Director for Counterterrorism and s hall include the fo llowing departments and agencies: the Department of State, the Department of the Treasury. DOD. DOJ , the Department of I lo meland Security (D HS) . C ir\. Joint Chi efs o fStaff(JCS). and NCTC. Addi ti ona l departments and agencies may parti cipate in the RCSG meetings. as appropriate. 8 TOP SECRET1~JOFOR~J I) Th e suspect's detention must be consistent with U.S . law and policy, as we ll as all appli cab le international law; 2) 3) The Intern ati onal Commillee of the Red Cross mu st be notified of. and prov ided timel y access Lo. any suspect he ld by the U.S . mil itary pursuant to law of war authorities; and 4) When po sible and consistent with the primary objective of collecting intelligence, intelligence wi ll be collected in a manner that preserves the ava il ab ility of long-term dispositi on opti ons. including prosecution. 2.D Deputies Review 2.D. I A nomination or dispos ition package fo r capture. custody, or long-term dispos ition forwa rded to Lhe Deputies sha ll include the fo llowing: I) The profile, produced by the nominating agency pursuant Lo Section 2. B. l. fo r the suspect or suspects proposed for capture or long-term disposi tion; 2) Any assessment produced by NCTC pursuant to Section 2. B.5: 3) If appropriate. a descripti on of the planned capture and sc reening operation and • • • • • • • • • • • operational plan under which the capture would be conducted: 4) The deparLmenL(s) or agency or agencies that wou ld be responsible fo r carrying out th e proposed operati on. if nol already conducted: 5) A summary of the legal assessment prepared under ecti on 2. B.4: and 6) An assessment. incl uding the strengths and weaknesses. of potential long-term di sposition opti ons. 2.D.2 The Deputi es of the Department of State. the Treasury. DOD, DOJ , OHS. the Office of the Director of National Intel ligence (DN I) •• , CIA, JCS, . NCTC. and any other Deputies or official s a Deputy Nat ional Security Adv isor (D SA) may invite to pa11icipate. shall promptly cons ider whether to reco mmend to the Principal of the nominating agency that a capture operation be conducted in the context of the proposed plan at issue, that the Un ited States Government otherwise take custody of the indi vid ual, or that a particular long-term dispos iti on option be pursued . 2. D.3 When cons idering a proposed nomination. the Deputies shall eva luate the fo llowing issues, and any others deemed appropriate by the Deputies: TOP SECRETI'!'JOFO RN 9 l"OP ~ECRE1"11JOFORN I) Whether the suspect's capture would further the U.S. CT strategy; 2) The implications for the broader regional and international political interests of the United States; 3) Whether the proposed action would interfere with any intell igence collecti on or comprom ise any intelli gence sources or methods: 4) T he proposed plan fo r the detention and interrogati on of the suspect; 5) The proposed plan to capture the suspect. includi ng the feas ibility of capture and the risk to U.S. personnel; 6) In the event that transfer to a third party or country is anticipated, the proposed pl an for obtaining humane treatment assurances from any co untry; 7) The long-term dispositi on opti ons for the individual : and 8) 2.D.4 When considering the long-term disposition of a suspect who is already in U.S. custody. or whom a department or agency has already been aUlhorized to capture or take into custody, the Deputi es ' discuss ion shall be guided by the fo ll owing principles: I) Whenever possibl e, third-country custody opti ons that are consistent wi th U.. national security shou ld be explored: 2) Wh ere transfer to a third country is not feas ibl e or consistent with U.S . national security interests. the preferred long-term disposi tion opti on for suspects captured or otherwise taken into custody by the Uni ted States will be prosecution in a civili an court or, where ava ilabl e, a mi litary comm ission. Co nsistent with that preference. wherever poss ible and consistent with th e primary objective of co ll ecting intelligence. intelli gence will be coll ected in a manner that all ows it to be used as evidence in a criminal prosecution: and 3) In no event wi ll additi ona l detainees be brought to the detenti on faci lities at the Guantanamo Bay Naval Base. Fo llowing consideration and di scussion by the Deputi es. departments and agencies shall submit the fina l positi ons of their Principals within a tim e frame consistent with operational needs. 2. E Presentation to the President and the Principal of the Nominating Agency 2.E. I If the nominating agency, on behalf of its Principal. continues to support taking action, a D A shall inform the President of the views expressed by departm ents and agencies. As appropriate, the nomination shall be presented to the Pres ident for a decis ion or the nomination will be provided to the Principal of the appropri ate operatin g agency for a decision. along with any views ex pressed by the President. TOP SECRET/fqQfORH 10 2.E.2 An appropri ate SS offi cial will commun icate in writing the decision taken. including any terms or conditions placed on such dec is ions. to the Deputi es who participated in the Deputies Comminee review of the nominati on. SECTION 3. Policy Standard and Procedure for Designating Identified HVTs for Lethal Action 3.A Policy Standard for the Use of Lethal Action Against HVTs Where the use of leth al action agai nst I IVTs has been authorized • • • • • • • • • • • • an individual whose identity is known will only be eli gibl e to be targeted. as a po licy matter. COnSiStent \Vith the requirements Of the approved Operati onal pl an . if the in dividual' s acti vi ties pose a con ti nu ing. imm incnt threat to U.S. persons. 3.B Necessary Preconditions for Taking Lethal Action Leth al action requires that the indi vidual may lawfull y be targeted under ex isting authorit ies and that any conditions established in the appropriate operational plan. in cluding those set forth in eclion I .C.8, are met. The preco nditions ct forth in Secti on I .C.8 for th e use of lethal force are as fo ll ows: (a) near certainly that an identifi ed HVT is present; (b) near certainty that non­ c1o1m1b1a1ta1n1ts1w 1 ·1i111 n?(tdb)e injured or kil k d: (c) . r "bl h . f I . J( ) ; an assessment L1ia t capture 1s not 1eas1 eat t e tim e o tic operati on: e l an assessment that the relevant governmental authorities in the country where acti on is contemplated cannot or wi ll not effecti ve ly address the threat to U.S. perso ns: and (f) an assessment that no other reasonabl e alternati ves to lethal acti on ex ist to effecti ve ly add ress the threat to U.S. persons. 3.C lnteragency Review Process 3.C. I Any department or agency parti cipating in the Deputies Committee review in Section 3. D may identi fy an indi vidual fo r consideration. but only the operating agencies (a lso known as the ··nominatin g agencies .. fo r purposes of ection 3 of thi s PPG) may fo rmally propose that an individual be nominated for lethal action fo ll owing confirmation from the General Counsel of the nominating agency that the ind iv idual woul d be a lawful target. 3.C.2 The nominating agency sha ll prepare a profil e fo r each individual nominated for lethal action. The profile shall be developed based upon all relevant disseminated in formation available to the IC. as well as any other in fo rmati on needed co prese nt as comprehensive and thorough a pro fil e of the indi vidual as poss ibl e. The profil e shall note. where appro pri ate, gaps 7 O peratio na l di sagreements are to be elevated to Principals. The Preside nt wi ll adjudicate any di sagreement a mo ng or between Principa ls. ~ rhis process is designed to rev iew nomina tio ns o r individuals o nly where the capture o r any indi vid ual at issue is no t feasible. If. at any po int du ri ng o r afte r the approval process capture appears feasib le. a capture o ptio n in accordance with Section 2 o f this PPG (or the relevant o peratio nal plan ) sho uld be pursued. If the indiv idual has alread y been approved fo r letha l action w he n a captu re opti o n becomes feas ible, the ind ivi dual sho uld be referred to the 155 Senio r Director for Countc rt erro ris m and undergo an e xpedited Deputies review focused o n idcm ify ing di spositio n o ptio ns. II TOP SECRETi~qQfORlq in existing intelligence. as well as inconclusive and contradi ctory intelligence reports. At a minimum , each indi vidual profile shall include a summary of all relevant disseminated intelligence required to determine whether the policy standard set fo rth in Secti on 3.A for lethal action aga inst HYTs has been met, and include the fo llowing in fo rmation lo the extent that such information is available: 3.C.3 The shall convene a meeting of the RCSG fo r the purpose of rev iew ing and organiz ing material. and address ing any issues. re lated to the nominati on of an indi vidual for lethal action. 3.C.4 Before forward ing the nom inati on of an identified HVT for lethal action to Deputies. the RCSG shall identify other material s needed for Deputies· considerati on o f the nom ination and shall issue such taskings to departments and agencies. as appropri ate. For each nomination. the SS wil l request. and NCTC shall conduct. an assessment of the nomination and provide that assessment to the NSS prior to considerati on of the nomination by the Deputies Com mittee, and where feasible prior to RCSG rev iew. The NSS wi ll be responsib le fo r ensuring that all necessa ry materials. including the profile deve loped by the nom inating agency and the NCTC assessment. arc included in the nomination package submitted to Deputies. T@P ~ECRCT;~J@P@RH 12 3.C.5 All nominations for letha l action must undergo a legal review by the General Counsel of the nominating agency to ensure that the acti on contemplated is lawful and may be conducted in accordance with applicable law. The General Counsel' s conclusions shal l be referred to th e NSS Legal Adv iser. In all events. the NSS Legal Adv iser and the Genera l Counsel of the nomi nating agency shall consu lt with DOJ . The S Legal Adviser and the General Counsel of the nominating agency shall also consu lt with other interagency lawyers depend in g on the particular nominati on. In add iti on, in the event that the indi vidua l proposed for nomination is a U.S. person, DOJ shall cond uct a lega l analys is to ensure that lethal action may be conducted against that indi vidual consistent with the laws and Constitution of the United States. The NSS Legal Adv iser shall submit the relevant legal conclusions to the SS Seni or Director for Cou nterterrorism for inclusion in the nom ination package to be submiued to Deputies. 3.C.6 If the proposal may be cond ucted lawfu ll y, the nominati on shal l be referred to a DNSA. or another appropriate NSS offic ial. to faci litate consideration by the Deputies Committee. 3.D Deputies Review 3.0 . 1 Upon completi on of a nomination package, the NSS shall fo rward the nomin ation package to the Deputies Co mmittee for consideration. A standard nominati on package to be forwarded to the Deputies shall include, at a minimum, the fo llowing: I) The profile, produ ced by the nominating agency pursuant to Section 3.C.2, for the individual proposed for lethal action; 2) The assessment produced by CTC pursuant to Section 3.C.4; 3) A description o perational pl an to which the nominati on would be added . incl uding the time frame . if any, in which the operatio n may be executed: 4) The operatin g agency or agencies that would be responsible for conducting the proposed lethal action; 5) A summary of the legal assessment: and 6) The determinations made by the nominating agency that capture is not currentl y feasible and that the rel evant governmental authorili cs in the country where acti on is contemplated cannot o r will not effectivel y address the threat to U.S. persons, as we ll as th e underlying analysis fo r those determinations. 3.0.2 The Deputies of the Department of State. DOD, JCS, DOJ. DI IS. DNI, CIA, and CTC shall promptly consider whether to recommend to the Principal of the nominating agency that lethal acti on be taken aga inst the proposed individual in the context· · · · · · · · · · operational plan at issue. shall participate in the review process as observers. A D SA may invite Deputies or other officials to participate as appropriate. Following consideration and discuss io n by the Deputies. departments and agencies shall subm it to the NSS the final pos itio ns of the ir Principal s within a timeframe consistent with operational needs. TOP SECRETi'?ofOFOR~of 13 TOP SECRET1'fJOFOR~J 3.D.3 When co nsidering each pro posed nominati on, the Deputi es shall eva luate the fo ll owing issues. and any oLhers dee med appro priate by the DepuLies: 1) WheLher the Deputies can conclude with co nfidence that che nomi nated indi vidual quali fies under the policy standard in Section 3.A for lethal acti on, taking into account credib le in formati on that may cast doubt on such a conclusion; 2) Whether the threat posed by the indi vidual to U.S. persons can be minimized thro ugh a response short of lethal act ion; 3) The implications for the broader regional and internati onal political interests of the United States: 4) Whether the proposed acti on would interfere with any intelligence collecti on or compromise any intelligence sources or methods; 5) Whether the indi vidual, if captured, would li kely result in the collection of va luable intelligence, notwithstanding an assessment that capture is not currentl y feasib le; and 6) 3. E Presentation to the President and the Principal of the Nominating Agency 3.E.1 The Pri ncipal of the nom inating agency may approve lethal action aga inst the pro posed ind ividual if: ( 1) the relevant Principa ls un animously agree that leth al action should be taken against the proposed individual. and (2) the Principal of the nominating age ncy has notifi ed the Pres ident through a DNSA of hi s intenti on to approve lethal action and has received notice from a DNSA that the President has been apprised of that intent ion. The Principal of the nominating agency may not delegate hi s authority Lo approve a nomination. 3.E.2 ominati ons shall be presented to the Presi dent fo r dec ision. along with the views expressed by departments and agencies during the process, when: ( 1) the proposed individual is a U.S. person, or (2) there is a lack of consensus among Principals regarding the nomination, but the Prine ipal of the nominating agency continues to support approving the nomination. 3.E.3 In either case, an appro pri ate NSS offi cial will communicate in writing che dec is ion, includ ing any term s or co nditi ons placed on any approva l. to the Deputies who participated in the Deputies Committee rev iew of the nominati on. 3.F Annual Review; · · · · · · · · · •••I 3.F. I The NSS, in conjuncti on with the nominating agency. shall coordinate an annual rev iew of individuals authorized fo r possibl e letha l action to evaluate whether the intelli gence co ntinues to upport a determ ination that the indi viduals qualify for lethal action under the standard set forth in Secti on 3.A. The SS shall refer the necessary in formation for the TQJ2 ~li~~IST:'1'1QFQ~l'I 14 annual review to the Deputies for cous1deration. Following Deputies re\·iew. the iufo1matio11. along with any recollllllendatious from Deputies. shall be forwarded 10 the Principal of the nominating agency for re\·iew. A separnre lega l re\·iew will be conducted. as approp1iate. Au appropriate offici al from each nominating agency sl.iall inform a DNSA of what action. if any. the Principal of the norniuatiug agency takes in response to tlie re\·iew. 3.F.2 The Deputy of any clepcu1meut or agency pa11icipating in the Deputies Committee review in Scctil)IJ ~ . D may propo-,e at any ti me that an incli\" idunl be for lerhal acti on. 111 the en:>nt that such a propo:,al IS made. ~ CTC :,hall updare the re -coordinated pro file for the incli\·idual at issue and. as appropriate. the Deputies sball consider whether to propose that the indi\·idual be remo\"ed by lbe Principal of tbe nominating agency. 3.F.3 Following consideration and discussion by the Deputies in accordance with 3.F. l or 3.F.2. depa11ments and agencies sball submit tbe final pos1tio11s of tbeir Principals wirhin an appropriate timeframe detenniued by the NS . EC'T IO~ . -t Policy S tandard and Procedure for Ap p rovi ng Leth a l Force Again'it Terrori<;t Targets Other Than Identified HYTs -L\ Policy Standard for Directing Lethal Force Against Terrorist Targets Oth er Than Identified HVTs Thi-, ~ i:-cr i nn nppl ie-, to rhe di1ecti1)n Pf k thal l\.) rci:- ~!,11111111~!~~!! • • • • • • • • • • • •t ~.1111'1I1 11• l td kll•' l l I t 11 '..? <.'h 'tl<.' lt .h llLlllll<.·.i 1)1 unmmu1ed \·elude Borne ltup1 l1\ 1-.i:-d L:\ pl1)-,1W De\ ices 01 i111.la:,tructt11 e. 111cludrng explosin!s storage friciliries. \\ 11en~ an operating agency has been autho1ized to tak e direct '1L't11111 nu:ltl h t tL'11111i-,t taH!e h ,1the1th.1111dt.·11tdicd11\"T-, . -,uch a te11 011st ta1get ll Hl) be ncted aga111st ection Directing lethal force under this Section 1equires that: (I) tbe target may lawfully be taTgeted and that any conditions established in the appropriate operational plan, including those set fo11b in Section l.C.8. are met. The preconditions set fo11b in Secti ou l. C.8 for the use of letbal force are as fo llows: (a) uear ce11ai11ty tbat a lawful te1rnrist target other than an identified If\.T i:, p1 esent : (b) ner11 certainty that non-comlrntanh wi ll not be injm ed or killed: (c) I I\. autho11t1e-:. in the country \\"he1e act w11 0 Clpl.'.l ltl<>ll.ll P 1111u11.1h • ,Ji ... 1'.!Jc'<.'lllc'lll • \\di Ihe P1e ~1dc:111 h Il l t ..• 111<.'ll~ 1 1111111 1 111111 11 . . •.. 1-.,• 11 ,,•_•.,•, . . • 11 111..·1·11 1• • 1!1 11 11i .1 co11tc111platecl ca1111o t l11 \\ tll 111.'t dTectn el) addt 6:, the .II<.' In :id.1utl11.. <1 te