APPROVED FOR PUBLIC RELEASE STANDARD MINIMIZATION PROCEDURES FOR FBI ELECTRONIC SURVEILLANCE AND PHYSICAL SEARCH CONDUCTED UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (U) EFFECTIVE: November 1, 2008 Date: 04/13/2017 Michael Mukase 165' General FBI Info Classified By: 137185T94 Derived From: NSICG Reason: 1.4 "'De?l?s's'ify on: Reason: on: October 21, APPROVED FOR PUBLIC RELEASE SECRET- TABLE OF CONTENTS I. GENERAL PROVISIONS (U) 1 II. ACQUISITION (U) 4 A. Acquisition Electronic Surveillance (U) 4 B. Acquisition Physical Search?ST. 5 1. Personnel Authorized to Conduct Physical Search (U) 5 b1 2. Conducting Physical Search (U) 5 a. Areas of search (U) 6 b. Manner of search (U) 6 Destructive Testing (U) 7 0. United States Fermi?S): 7 3. Physical Search Involving Mail or Private Couriers (U) 7 4. Record of Information Collected in Physical Search (U) 8 5. Report of Physical Search (U) 8 C. Acquisition Third Parties (U) 8 RETENTION (U) 9 A. Retention Storage of ISA-acquired Information (U) 9 B. Retention Access to ISA-acquired Information (U) 10 C. Retention Review and Use of PISA?acquired Information (U) 12 1. General Provisions (U) 12 2. Third-Party Information (U) 13 - Categories of- Information (U) .- -.-14 i APPROVED FOR PUBLIC RELEASE D. Retention 16 E. Retention of Attorney-Client Communications (U) 17 1. Target charged with a crime pursuant to the United States Code (U) 17 2. Target charged with a non-Federal crime in the United States and persons other than a target charged with a crime in the United States (U) l9 3. Privileged communications involving targets and other persons not charged with a crime in the United States (U) 2] F. Additional Procedures for Retention, Use and Disclosure of FISA Information (U) 22 G. Time Limits for Retention (U) 25 IV. DISSEMINATION (U) 27 A. Dissemination of Foreign Intelligence Information to Federal, State, Local and Tribal Of?cials and Agencies (U) 27 1. Foreign Intelligence Information as defined in 50 U.S.C. 1801(e)( 1) (U) 27 2. Foreign Intelligence Information as de?ned in 50 U.S.C. 1801(e)(2) (U) 28 B. Dissemination of Evidence of a Crime to Federal, State, Local and Tribal Of?cials (b7e APPROVED FOR PUBLIC RELEASE C. Dissemination of Foreign intelligence Information Concerning United States Persons to Foreign Governments (COMPLIANCE (U) 33 A. Oversight (U) 33 B. Training (U) 35 C. Minimization Brie?ngs (U) 35 VI. Inteipretation (U) 35 VII. Review of Procedures (U) 36 APPROVED FOR PUBLIC RELEASE I. GENERAL PROVISIONS (U) A. In accordance with 50 U.S.C. 1801(h) and 1821(4), these procedures govern the acquisition, retention, and dissemination of nonpublicly available information concerning unconsenting United States persons that the Federal Bureau of Investigation (FBI) obtains pursuant to orders issued by the Foreign Intelligence Surveillance Court (FISC) or emergency authorizations by the Attorney General under the Foreign Intelligence Surveillance Act of 1978, as amended (FISA), 50 U.S.C. 1801?181 1 and 1821?1829. For the purpose of these procedures, the term ?applicable FISA authority? refers to both ISC-ordered and Attorney General authorized electronic surveillance or physical search conducted in a particular case pursuant to ISA. The Attorney General has adopted these procedures after concluding that they meet the requirements of 50 U.S.C. 1801(h) and 1821(4) because they are speci?c procedures that are reasonably designed in light of the purpose and technique of the particular surveillance or physical search to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information and otherwise comport with the statutory de?nition of minimization procedures. In accordance with 50 U.S.C. the Director of National Intelligence (DNI) has provided assistance to the Attorney General with respect to the dissemination procedures set forth herein so that FISA?acquired information may be used ef?ciently and effectively for foreign intelligence purposes. (U) APPROVED FOR PUBLIC RELEASE 9? Pursuant to 50 U.S.C. 1806(a) and 1825(a), no information acquired pursuant to FISA may be used or disclosed by Federal officers or employees except for lawful purposes. Information acquired from electronic surveillance or physical search conducted under FISA concerning United States persons may be used and disclosed by Federal of?cers and employees without the consent of the United States persons only in accordance with these minimization procedures and any modi?ed or supplemental minimization procedures that may apply. These procedures do not apply to publicly available information concerning United States persons, nor do they apply to information that is acquired, retained, or disseminated with a United States Person's consent. b1 b3 b7e C. These procedures adopt the definitions set forth in 50 U.S.C. 1801, including those for the terms ?foreign intelligence information? and ?United States person.? b1 b3 b7e i APPROVED FOR PUBLIC RELEASE b1 b3 b7e D. If FBI personnel, which, for the purposes of these procedures, includes all contractors and others authorized to work under the direction and control of the FBI on FISA related matters, encounter a situation that they believe requires them to act inconsistently with these procedures in order to protect the national security of the United States, enforce the criminal law, or protect life or property from serious harm, those personnel immediately should contact FBI Headquarters and the Office of Intelligence of the National Security Division of the Department of Justice (NSD) to request that these procedures be modi?ed. The United States may obtain modi?cations to these procedures with the approval of the Attorney General and a determination by the FISC that the modi?ed procedures meet the de?nition of minimization procedures under sections 1801(11) and/or 1821(4) of FISA. (U) E. If, in order to protect against an immediate threat to human life, the FBI determines that it must take action in apparent departure from these procedures and that it is not feasible to obtain a timely modi?cation of these procedures from the ISC, the FBI shall report that activity to the NSD, which shall notify the FISC of such activity. (U) F. Nothing in these procedures shall restrict the performance of lawful oversight functions of its personnel. (U) APPROVED FOR PUBLIC RELEASE II. ACQUISITION (U) E9 Acquisition Electronic Surveillance. (U) 1. Prior to initiating electronic surveillance, the FBI shall verify that the facility or place at which it will direct surveillance is the facility or place speci?ed in the applicable FISA authority. The FBI is under a continuing obligation to verify that the authorized target of the surveillance uses or is about to use the facility or place at which the surveillance isdirected during the authorized period of surveillance. The FBI shall tenninate electronic surveillance of a facility or place as soon as it determines that the authorized target of the electronic surveillance no longer uses, nor is about to use, the facility or place, and shall notify the NSD of such tennination. (U) 2. When conducting electronic surveillance of a facility or place pursuant to the applicable FISA authority, the FBI may acquire, using the means and to the extent approved by the court or authorized by the Attorney General for that facility or place: APPROVED FOR PUBLIC RELEASE 3. Notwithstanding Section II.A.2, the FBI shall, to the extent reasonably feasible: use means of surveillance that are designed to limit the acquisition of nonpublicly available information or communications of or concerning unconsenting United States persons that are not foreign intelligence information relating to a target of the surveillance; an? b1 b3 We 3. mam?e 1. Personnel Authorized to Conduct Physical Search. (U) b1 Physical search shall be conducted only by: appropriately authorized and trained b3 b7e personnel of the FBI, not including contractors; Pursuant to 50 U.S.C. other persons,_may assist in the physical search as speci?ed in the applicable FISA authority?(SQ? 2. Conducting Physical Search. (U) Prior to initiating physical search, the FBI shall verify that the premises or property at which it will conduct physical search is the premises or property specified in the applicable FISA authority. The FBI shall conduct physical search with the minimum intrusion necessary to acquire the foreign intelligence information sought. Personnel conducting physical search shall exercise. reasonable judgment in determining whetherthe ,or property 5 APPROVED FOR PUBLIC RELEASE revealed through the search reasonably appears to be foreign intelligence infomiation relating to a target of the search or evidence of a crime. The FBI shall conduct the search in accordance with the applicable authority. (U) - a. Areas of search. For physical search of premises or property, after conducting any necessary protective sweep, the FBI shall, where reasonably feasible, limit search areas to locations within premises or property where the FBI reasonably expects that: foreign intelligence information may be stored or concealed by the target; or (ii) foreign intelligence information related to the target or the activities of the target may be found. (U) b. Manner of Search. The FBI may conduct physical search using the methods most suitable for acquiring the foreign intelligence information sought in light of the particular circumstances of the search. When conducting a physical search of electronic data, the FBI may acquire all information, communications, or data relating to the target in accordance with the applicable FISA authority. Methods used to conduct physical search may include: inspection; examination; reproduction; temporary removal; marking for identi?cation; testing; alteration; substitution; or seizure of information, material, or property. (U) b1 b3 b7e APPROVED FOR PUBLIC RELEASE ii- b1 b3 b7e Destructive Testing. The FBI may conduct destructive testing of material discovered in a physical search only when such testing is provided for in the applicable FISA authority or in case of emergency when reasonably necessary to protect against immediate threat to public safety. (U) .0 United States Person Information, Material, or Prom??y. b1 b3 b7e Physical Search Involving Mail or Private CouriersAPPROVED FOR PUBLIC RELEASE b1 b3 b7e 4. Record of Information Collected in Physical Search. (U) The FBI shall keep records identifying all information, material, or property acquired during a physical search. (U) 5. Report of Physical Search. (U) Within seven business days following the execution of a physical search, or receiving notice that a search has been executed, and for which the FISC ordered that a search return be b1 b3 ?led, the FBI shall notify the NSD of the date the search took place. The preceding requirement b7 sham?e C. Acquisition Third Parties. (U) ?Third-party information? is: nonpublicly available information of or concerning an unconsenting United States person who is not the authorized target-of the particular FISA collection, or the material or prepe?y of a United States person who is not the authorized target of the particular FISA collection. b1 . b3 1376 APPROVED FOR PUBLIC RELEASE b1 b3 b7e RETENTION (U) A. Retention Storage of ISA-acquired Information. (U) The FBI must retain all FISA?acquired information under appropriately secure conditions that limit access to such information only to authorized users in accordance with these and other applicable FBI procedures. These retention procedures apply to ISA-acquired information retained in any form. FBI electronic and data storage systems may permit multiple authorized users to access the information simultaneously or sequentially and to share FISA-acquired information between systems. ?PISA-acquired information? means all information, communications, material, or property that the FBI acquires from electronic surveillance or physical search conducted pursuant to ISA. (U) ?Raw PISA?acquired information? is ISA-acquired information that is in the same or substantially same format as when the FBI acquired it, or has been processed only as necessary to render it into a form in which it can be evaluated to determine whether it reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or to assess its importance, or to be evidence of a crime. b1 b3 -- -b7e 3 APPROVED FOR PUBLIC RELEASE b1 b3 b7e B. Retention Access to PISA-acquired Information. (U) The FBI may grant access to FlSA-acquired information to all authorized personnel in accordance with policies established by the Director, FBI, in consultation with the Attorney General or a designee. The policies regarding access will vary according to whether a particular storage system contains raw PISA-acquired information, will be consistent with the foreign intelligence information?gathenn and information?sharing responsibilities, and shall include provisions: 1. Permitting access to FISAuacquired information only by individuals who require access in order to perform their job duties or assist in a lawful and authorized governmental function; 2. Requiring the FBI to maintain accurate records of all persons to whom it has granted access; "-10 APPROVED FOR PUBLIC RELEASE 3. Requiring the FBI to maintain accurate records of all persons who have accessed raw FlSA-acquired information, and to audit its access records regularly to ensure that raw b1 ISA-acquired information is only accessed by authorized? b7e 4. Requiring training on these minimization procedures and the policies regarding access to raw PISA?acquired information before granting access to raw FISA?acquired information; and 5. Requiring the primary case agent(s) and his/her/their designees (hereinafter ?case to control the marking of information in a particular case in accordance with FBI policy. A marking, for example, would include an indication that the information is or is not foreign intelligence. The FBI shall provide such policies to the Court when these procedures go into effect. b1 Thereafter, the FBI shall provide any new policies or materially modified policies to the Cour. b3 b7e ?4Sr The FBI may make raw ISA-acquired infomiation available to authorized personnel on a continuing basis for review, translation, analysis, and use in accordance with these procedures. b1 Authonzed personnel my? b3 b7e 5 APPROVED FOR PUBLIC RELEASE b1 . b3 C. Retention Review and Use of FISA-acquired Information. (U) 1. General Provisions. (U) FBI personnel with authorized access to raw PISA?acquired information may review, translate, analyze, and use all such information only in accordance with these procedures and FISA and only for the purpose of determining whether it reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or to assess its importance, or to be evidence of a crime. Such personnel shall exercise reasonable judgment in making such determinations?ES)? FBI personnel with authorized access may copy, transcribe, summarize, review, or analyze raw PISA?acquired information only as necessary to evaluate whether it reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or assess its importance, or to be evidence of a crime. Once FBI personnel have assessed that raw PISA-acquired information meets one of these criteria, the FBI may retain that information for further investigation and analysis and may disseminate it in accordance with these procedures. Pursuant to 50 U.S.C. 1801(h)(3) and however, information that is assessed to be evidence of a crime but not to be foreign intelligence or necessary to understand foreign intelligence may only be retained and disseminated for law enforcement b1 purposes. The FBI shall identify ISA-acquired information in its storage systems, - b3 b7e -?that-hasbeen reviewed.andmeetsthese . SEE-RET- .12 . APPROVED FOR PUBLIC RELEASE If the FBI proposes to use any storage system that is incapable of meeting these requirements, the FBI shall follow the procedures set forth in Section LD. Before using PISA?acquired information for further investigation, analysis, or dissemination, the FBI shall strike, or substitute a characterization for, information of or concerning a United States person, including that person?s identity, if it does not reasonably appear to be foreign intelligence information, to be necessary to understand or assess the importance of foreign intelligence information, or to be evidence of a crime. (U) The FBI may disseminate copies, transcriptions, summaries, and other documents containing FISA-acquired information only in accordance with the dissemination procedures set forth in Part IV below. (U) The FBI shall retain FISA-acquired information that is not foreign intelligence information that has been reviewed and reasonably appears to be exculpatory or impeachment material for a criminal proceeding, or reasonably appears to be discoverable in a criminal proceeding, and shall treat that information as if it were evidence of a crime. 483? 2. Third?Party Information. (U) b3 we 7 APPROVED FOR PUBLIC RELEASE b1 b3 b7e 3. Categories of Non-Pertinent and Sensitive Information. (U) FBI personnel shall continually analyze communications of or information concerning United States persons acquired pursuant to FISA for the purpose of establishing categories of information that are not foreign intelligence information, are not necessary to understand foreign intelligence information or assess its importance, or are not evidence of a crime. These categories should be established after a reasonable peliod of monitoring the communications of the target and shall be reported to the Court in a later renewal application relating to that target. When developing these categories, particular attention should be given to the following types of sensitive information: b1 u? We 14' 8 APPROVED FOR PUBLIC RELEASE b1 b3 b7e Before using information from an established category of sensitive information for investigation or analysis, including using the information in investigative or analytical documents such as Electronic Communications (ECs) or reports, FBI personnel shall detennine that the information that falls into such categories reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or assess its importance: or to be evidence of a crime- 9 APPROVED FOR PUBLIC RELEASE . bl D- entlon b3 b7e Authorized users may query FBI electronic and data storage systems that contain raw FISA?acquired information to ?nd, extract, review, translate, and assess whether such information reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or assess its importance, or to be evidence of a crime. b1 b3 To the extent reasonably feasible, authorized users We must design such queries to ?nd and extract foreign intelligence information or evidence of a crime and to minimize the extraction of third?party information. Authorized users may process the results of an appropriate query in accordance with Section above. The FBI shall maintain records of all searches, including search terms, used to query such systems. Authorized users may query FBI electronic and data storage systems to find, extract, and analyze ?metadata? pertaining to communications. The FBI may also use such metadata to analyze communications and may upload or transfer some or all such metadata to other FBI electronic and data storage systems for authorized foreign intelligence or law enforcement purposes. b1 b3 b7e l6 APPROVED FOR PUBLIC RELEASE E. Retention ofAttorncy-Client Communications. (U) This section governs the retention of attorney?client communications. In celtain cases, however, the Government may propose and/or the 1 SC may order the use of supplemental procedures. FBI personnel shall consult as appropriate with FBI Division Counsel, the FBI Of?ce of General Counsel, or the N81) to determine whether a communication is privileged. (U) 1. Target charged with a crime pursuant to the United States Code. (U) As soon as the FBI knows that a target is charged with a crime pursuant to the United States Code, the FBI shall implement procedures that ensure that the target?s attorney?client privilege is protected. These procedures shall include the following, unless otherwise authorized by the FISC: 2. Establishment of a review team of one or more monitors and/or reviewers, who have no role in the prosecution of the charged criminal matter, to initially access and review information or acquired from a surveillance or search of a target who is charged with a crime pursuant to the United States Code; b1 b3 b7. 4SEGRE5P APPROVED FOR PUBLIC RELEASE soon as FBI personnel recognize that conununications between the person under criminal charges and his attorney have the FBI shall ensure that whenever any user reviews information or b1 b3 communications acquired ??Vhich are in an FBI electronic and b7 data storage system containing raw ISA-acquired information, he receives electronic noti?cation that attorney-client communications have been acquired APPROVED FOR PUBLIC RELEASE The purpose of the noti?cation is to alert others who may review this information b1 b3 that they may encounter privileged communications. b7 2. Target charged with a non-Federal crime in the United States and persons other than a target charged with a crime in the United States. (U) FBI monitors and other personnel with access to FISA~acquired information shall be alert for that may be between a target who is charged with a non?Federal crime in the United States and the attorney representing the individual in the criminal matter, or (ii) between a person other than a target charged with a crime in the United States and the attorney representing the individual in the criminal matter. As soon as FBI personnel know that a target is charged with a non-Federal crime in the United States or someone other than the target who appears to regularly use the targeted facility, place, premises or property is charged with a crime in the United States, they will notify the Chief Division Counsel, FBI Of?ce of General Counsel, and the NSD to determine whether supplemental procedures or a separate monitoring team are required. In the absence of such supplemental procedures or a separate monitoring team, as soon as FBI personnel recognize that they have acquired a communication between a target who is charged with a non?Federal crime in the United States and the attorney representing the individual in the criminal matter, or (ii) a person other than a target charged with a crime in the United States and the attorney representing the individual in the criminal matter, the FBI shall implement procedures that include the following: APPROVED FOR PUBLIC RELEASE SECRET soon as FBI personnel recognize that communications between the person under criminal charges and his attorney have been b7e the FBI shall ensure that whenever any user reviews information or communications acquired which are in an FBI electronic and data storage system containing raw PISA?acquired information, he receives electronic APPROVED FOR PUBLIC RELEASE noti?cation that attorney?client communications have been acquired during the search or surveillance. The purpose of the noti?cation is to alert others who may review this information that they may encounter privileged communications. fS)\ 3. Privileged communications involving targets and other persons not charged with a crime in the United StatesAPPROVED FOR PUBLIC RELEASE F. Additional Procedures for Retention, Use and Disclosure of FISA Information. (U) 1. Pursuant to 50 U.S.C. 1806(b) and 1825(c), no information acquired pursuant to an order authorizing electronic surveillance or physical search under FISA shall be disclosed for ?aw enforcement Purposes ??1633 b1 b3 b7e - FlSA?acquired information, including raw FISA?acquired information, may be disclosed for law enforcement purposes in criminal proceedings. 13?} 2. The FBI shall ensure that identities of any persons, including United States persons, that reasonably appear to be foreign intelligence information, to be necessary to understand foreign intelligence information or assess its importance, or to be evidence of a crime, b1 b3 3. Prosecutors. (U) we a. The FBI may disclose ISA-acquired information, including raw acquired information, and information derived therefrom, to federal prosecutors and others working at their direction, for all lawful foreign intelligence and law enforcement purposes, b1 b3 so ?Wosoodorsl APPROVED FOR PUBLIC RELEASE others working at their direction are provided access to raw FiSA-acquired information, they shall be trained on and comply with these and all other applicable minimization procedures. (Sr) b. In accordance with applicable Attorney General-approved policies and procedures, federal prosecutors may also disclose ISA-acquired information, when necessary for the prosecutors to carry out their responsibilities, including to witnesses, targets or subjects of an investigation, or their respective counsel, when the PISA-acquired information could be foreign intelligence information or is evidence of a crime. This provision does not restrict a federal prosecutor?s ability, in a criminal proceeding, to disclose ISA-acquired information that contains exculpatory or impeachment information or is otherwise discoverable under the Constitution or applicable federal law. (U) c. The FBI may not provide federal prosecutors and others working at their direction _ntaim?g raw ?SA-acquired b1 b3 information unless such access is: for foreign intelligence or law enforcement purposes; b7?- consistent with their responsibilities as federal prosecutors; and pursuant to procedures established by the Attorney General and provided to the FISC. The procedures established by the Attorney General and provided to the FISC shall include the following: i. b1 b3 . . _must be ?mite ?00 that bye which is consistent with their responsibilities as federal prosecutors and necessary to carry out their responsibilities ef?ciently during a speci?c investigation or prosecution; vi. APPROVED FOR PUBLIC RELEASE Access must be requested from and approved by an executive at FBI Headquarters in a position no lower than Assistant Director (AD) and in coordination with the Deputy General Counsel of the FBI National Security Law Branch or a Senior Executive Service attorney in the National Security Law Branch, and will be considered on a case-by-case basis; A request for access must specify Foreign Intelligence Surveillance Court (FISC) docket numbers, and targeted facilities the prosecutor needs access, why such access is necessary, and the duration of such access; All individuals receiving authorization to have direct access must and training on the standard minimization procedures and any relevant supplemental minimization procedures applicable to the information to which they have access; Access shall be terminated no later than the conclusion of the relevant investigation or prosecution; and Federal prosecutors may immediately be given access to FBI acquired information if FBI personnel determine that an immediate b7e APPROVED FOR PUBLIC RELEASE threat to life or of sen'ous damage to property necessitates immediate access, and it" such immediate access is given to federal prosecutors, noti?cation shall be made to FBI Headquarters, FBl?s Of?ce of General Counsel, and N31). 485? G. Time Limits for Retention. (U) In general, the FBI may retain PISA?acquired information that reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or assess its importance, or to be evidence of a crime. ~63 l. The FBI is authorized to retain data in electronic and data storage- El. in accordance with the following: b1 b3 b7e b1 b3 b7e APPROVED FOR PUBLIC RELEASE APPROVED FOR PUBLIC RELEASE b1 b3 b.7e ?63% 4. FISA?acqnired information retained by the FBI in any other b1 b3 b7e 1v. DISSEMINATION (U) A. Dissemination of Foreign Intelligence Information to Federal, State, Local and Tribal Of?cials and Agencies. (U) The FBI may disseminate FISA-acquired information that reasonably appears to be foreign intelligence information in accordance with Sections and IV.A.2 to federal, state, local and tribal of?cials and agencies with responsibilities directly related to the information proposed to be disseminated. Information that reasonably appears to be foreign intelligence information not directly related to responsibilities of such agencies may be disseminated incidental to the dissemination of information directly related to responsibilities of such agencies. Such information may be disseminated only consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information. (U) 1. Foreirm Intelligence Information as de?ned in 50 U.S.C. 5 1801(e)(? (U) The FBI may disseminate b1 b3 acquired information concerning United States persons that reasonably appears to be necessary b7e 27 APPROVED FOR PUBLIC RELEASE to the ability of the United States to protect against: actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (ii) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power. 2. Fo?gn Intelligence Information as defined in 50 U.S.C. {i (U) The FBI may disseminate t0 1313?? b1 b3 acquired information concerning United States persons that reasonably appears to be necessary: [373 to the national defense or the security of the United States; 01' (ii) the conduct of the foreign affairs of the United States. Such information shall not be disseminated, however, in a manner that identi?es a United States person, unless such person?s identity is necessary to understand foreign intelligence information or to assess its B. Dissemination of Evidence of a Crime to Federal, State, Local and Tribal Of?cials. (U) The FBI may disseminate, for a law enforcement purpose, PISA-acquired information concerning a United States person that reasonably appears to be evidence of a crime but not foreign intelligence e? b1 b3 - The FBI shall disseminate such PISA-acquired information in a manner consistent b7e with the requirements of Section f5)? 28" APPROVED FOR PUBLIC RELEASE .0 Dissemination of Foreign Intelligence Information Concerning United States Persons to Foreign Governments. (U) The FBI may disseminate PISA?acquired information concerning United States persons, which is foreign intelligence infonnation, to foreign governments as followsb7e .29. APPROVED FOR PUBLIC RELEASE b1 b3 b7e 3. The Attorney General, in consultation with the DN1 or a designee, may authorize b1 b3 PM to granting such b7e authorization, those of?cials shall consider, among other things: 1) whether such use is consistent with the national security interests of the United States, and (2) the effect of such use on any identi?able United States person-GS)- 4. The FBI will make a written record of each dissemination approved pursuant to b1 this section, and information regarding such disseminations and approvals shall b- b3 b7e ?43* Themmay_ b1 b3 b7e _onsistent with the other provisions of these procedures, the FBI is authorized to disseminate acquired information, including, tape recordings, transcripts, or electronic storage media (including computer hard drives and removable storage media),APPROVED FOR PUBLIC RELEASE b1 The following restrictions apply with respect to any materials so b3 . . b7e dissemlnated: 1. Dissemination to -of such information or b1 b3 b7e 2. Disseminationwmhemato? b1 b3 we 3. _shall make no permanent -?ecord of information or communications of or concerning any person referred to in PISA-acquired information or recorded on [SA-acquired tape recordings, transcripts, electronic storage media (including computer hard drives and removable storage media), or other items,? b1 b3 b7e Records maintained _or this purpose may not be disseminated? 4. Upon the conclusion of?to the FBI, the ISA?acquired b1 b3 b7e information, including all tape recordings, transcripts, electronic storage media (including 31 APPROVED FOR PUBLIC RELEASE computer hard drives and removable storage media), or other items, or information disseminated _iiay be disseminated by the FBI in accordance with the applicable b3 . . . . b7e immunization procedures. (S) E. The FBI may disseminate FISA?acquired information that relates to international terrorism acquired from 5315 electronic surveillance or physical search conducted by the FBI b7e F. In addition to dissemination authorized under other provisions herein, foreign intelligence b1 information, as defined in Section 1801(e), may be disseminated to b3 b7e APPROVED FOR PUBLIC RELEASE Notwithstanding any other provision of these procedures, the FBI may? ?access_ b1 b3 database, provided that such access is limited to classi?cations of cases that are likely to contain b7e f?ep ?whiclwreon?lewiththe FISC. If the FBI authorizes?disseminate any information 'receives pursuant to this section, such authorization shall be made consistent with these procedures and applicable Department of Justice guidance, including but not limited to restrictions governing dissemination to foreign governments?ES)? v. COMPLIANCE (U) A. Oversight. (U) To ensure compliance with these procedures, the Attomey General, through the Assistant Attorney General for National Security or other designee, shall implement policies and b1 b3 and shall conduct periodic minimization reviews, including reviews at FBI Headquarters, field We procedures that ensure the good faith compliance with all of the requirements set forth herein, of?ces, and US. Attorney?s Of?ces that receive raw FlSA-acquired information? The-Attorney General and the NSD or other designee of the 33 APPROVED FOR PUBLIC RELEASE Attorney General shall have access to all PISA?acquired information to facilitate minimization reviews and for all other lawful purposes??83? To assess compliance with these procedures, minimization reviews shall consist of reviews of documents, communications, audit trails, or other information. They shall include, as appropriate, but are not limited to: 1. Reviews of electronic communications or other documents containing acquired information that have been retained for further investigation and analysis or disseminated in accordance with these 2. Reviews of PISA-acquired information electronic surveillance and physical search) in FBI electronic and data storage systems that contain raw PISA-acquired infomtation to assess compliance with these procedures, including whether raw PISA-acquired communications or property have been properly marked as information that reasonably appears to be foreign intelligence information, to be necessary to understand foreign intelligence information or to assess its importance, or to be evidence of a crime. FISA-acquired communications and property 5; in FBI electronic and data storage systems that contain raw PISA-acquired information may also b7e be reviewed to determine whether they wer? 2? Audits of PISA-acquired information to assess the compliance with the retention procedures for PISA?acquired information as detailed in Section of these procedures. The audits may also 11:; b7e includereviewingasampungof? 34 7-- APPROVED FOR PUBLIC RELEASE -and accesses in FBI electronic and data storage systems containing raw FISA-acquired b1 information. These audits may assist in determining the FISA?acquired information that was :36 accessed in these FBI electronic and data storage systems and the individuals who accessed the information. In turn, the minimization reviews may include verifying that the individuals who accessed the FlSA-acquired information in these FBI systems were individuals who had properly been given access under FBI guidelines. (8) B. Training. (U) The Attorney General, or a designee, shall ensure that adequate training on these procedures be provided to appropriate personnel. (U) C. Minimization Brie?ngs. (U) Following the authorization of collection activity, an NSD attorney shall conduct a minimization brie?ng with appropriate FBI personnel responsible for the FISA surveillance or search. (U) VI. Interpretation (U) The FBI shall refer all signi?cant questions relating to the interpretation of these procedures to the NSD. (U) 35 APPROVED FOR PUBLIC RELEASE VII. Review of Procedures (U) The Attorney General, or a designee, in consultation with the FBI Of?ce of General Counsel, shall review these procedures and determine whether they remain appropriate in light of the technology and practices used by the FBI no later than ?ve years from the date of the Attorney General?s approval of these procedures ?led with the Court, and every ?ve years thereafter. A written report of such review shall be provided to the Court within six months of the completion of the review. (U) . . 2 ichael B. Mukasey Attorney General of the United States A 497' Date