attorney  general  guidelines  for 
fbi  foreign  intelligence  collection 
and  foreign  counterintelligence  investigations  * 
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ATTORNEY   GENERAL   GUIDELINES    FOR 
FBI    FOREIGN    INTELLIGENCE    COLLECTION 
AND   FOREIGN   COUNTERINTELLIGENCE    INVESTIGATIONS 
TABLE   OF  CONTENTS 
PAGE 
I.  SCOPE   (U)    1 
II.  DEFINITIONS    ...   (U)    1 
III.  COLLECTION  OF  FOREIGN   INTELLIGENCE 
AND   FOREIGN   COUNTERINTELLIGENCE 
INFORMATION 
A.      General    
 (U)    5 
C 
D.  Investigations   for  and 
Assistance  to  Foreign 
Governments   (U) 
E.  Foreign  Intelligence   .   (U) 
IV.     SPECIAL  TECHNIQUES 
A.  Undisclosed  Participation   (U) 
B.  Operations  Outside  the  United  States  . (U) 
C.  Contracting  With  An  Academic 
Institution   (U) 
D.  Kail   Covers   (U) 
E.  TV  Cameras  and  Other  Monitoring   (U) 
F.  Consensual  Monitoring   (U) 
SE 
CI as s i f i egjbyf 
Declas-slry  on:
V.  ELECTRONIC    SURVEILLANCE   (U)     18 
VI.  PHYSICAL    SEARCHES 
-     A.   Real  Property    (U)  19 
G 
B.   Personal  Property   (U)  21 
C. 
D.  Emergency  Procedures      (U)  2  3 
E.  Minimization  of   Information 
Concerning  U.S.  Persons  . ...   (U)  24 
F.  General     (U)  24 
VII.  RETENTION  AND  DISSEMINATION 
A.  Retention   (U)  25 
B.  Dissemination    (U)  25 
1.  General   (U)  25 
2.  Authority  for  Dissemination   (U)    26 
3.  Information  from  Foreign 
Intellicence  Electronic 
Surveillance    (U)  27 
4.  Information  Obtained  from 
Physical   Searches   (U)    28 
5.  Dissemination  in  Double  Agent 
Operations      (U)    28 
6.  Records  of  Dissemination   (U)    29 
VIII.  CIA   and   DOD  ACTIVITIES  WITHIN 
THE    UNITED   STATES   '.  -  (U)     29 
IX.  REPORTING      (U)     30 
ANNEX 
DISSEMINATION  TO  THE  WHITE  HOUSE   (U)  A-l 
W
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ATTORNEY   GENERAL  GUIDELINES    FOR 
FBI    FOREIGN    INTELLIGENCE   COLLECTION 
AND    FOREIGN   COUNTERINTELLIGENCE    INVESTIGATIONS 
SCOPE    (U) 
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idelines  are  established  by  the  Attorney 
to  govern  all. foreign  intelligence,  foreign 
ntelligence,  foreign  intelligence  support 
es/  and  intelligence  investigations  of  inter- 
terrorism  conducted  by  the  FBI  pursuant  to 
e  Order  12333.   They  also  govern  all  FBI  inves- 
s  of  violations  of  the  espionage  statutes  and 
FBI  investigations  requested,  or  FBI  assistance 
tigations  conducted,  by  foreign  governments.  (U) 
B.   All  significant  new  legal  questions  as  to  the  cover- je 
and  interpretation  of  these  guidelines  will  be  resolved 
by  the  Office  of  Intelligence  Policy  and  Review.  (U) 
II. 
DEFINITIONS     (U) 
A. 
B. 
EMPLOYEE   OR  ASSET:      any  person   employed   by,    assigned    to, 
or   acting   for   or   at   the  direction  of    the  Federal  Bureau 
of    Investigation.    (U) 
C' 
Classified  .by<i>The'  Attorney  General 
Dec  1 j^ST^^^-On-r— OADR..
E. 
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FOREIGN  COUNTERINTELLIGENCE:       information   gathered   and 
activities  conducted   to  protect   against  espionage   and 
other    intelligence  activities,    sabotage,   or   assassi- 
nations conducted  by,   for  or   on  behalf   of   foreign 
powers,   organizations  or   persons,   or    international 
terrorist  activities,   but   not    including   personnel, 
physical,   document,   or   communications   security 
programs.    (U)  ... 
F.      FOREIGN    INTELLIGENCE:      information   relating    to   the 
capabilities,    intentions   and   activities  of   foreign 
powers,   organizations  or   persons,    but   not   including 
counterintelligence  except   for    information  on 
international   terrorist  activities.    (U) 
FOREIGN   INTELLIGENCE  AGENT:      a   person,    other    than  a 
foreign    intelligence  officer,   who   is   engaged   in   intel- 
ligence  activities  or   sabotage    for  or   on  behalf  of  a 
foreign  power,   or   international    terrorist   activities, 
or   who   knowingly  conspires  with   or   aids  or    abets   such   a 
person   in  such   activities.    (U) 
H.      FOREIGN    INTELLIGENCE  OFFICER:      a   member   of   a    foreign 
intelligence  service.    (U) 
I.
-   3   - 
J.       FOREIGN    POWER: 
1.  a    foreign  government  or   any   component   thereof, 
whether   or    not   recognized  by   the   United   States; 
2.  a    faction   of   a   foreign   nation   or    nations,    not 
substantially   composed  of   United    States   persons; 
3.  an   entity   that   is  openly   acknowledged   by   a 
foreign  government   or   governments    to  be   directed 
and   controlled  by    such   foreign   government   or 
governments; 
4.  a   group  engaged   in   international   terrorism  or 
activities'^  preparation   therefor; 
5.  a    foreign-based_  political  organization,    not 
substantially  composed   of   United    States   persons; 
or 
6.  an  entity   that   is  directed   and  controlled  by  a 
foreign  government  or   governments.     (U) 
K.      FOREIGN   VISITORS:      foreign   nationals    in    the   United 
States  who  are   not  permanent   resident   aliens  of   the 
United   States.    (U) 
L.      FOR  OR  ON  BEHALF  OF  A   FOREIGN   POWER:       the   determination 
that   activities  are   for  or  on  behalf   of   a   foreign  power 
must   be   based  on  consideration  of    the    extent   to  which 
the    foreign  power    is   involved    in: 
1.  control,    leadership  or   policy   direction; 
2.  financial  or   material  support;    or 
3.  leadership,    assignments,    or    discipline.    (U) 
M.      INTELLIGENCE  ACTIVITIES:      any    activity   conducted   for 
intelligence  purposes  or   to  affect  political  or 
governmental  processes   by,    for   or   on  behalf   of   a 
foreign   power.    (U)
p. 
Sl^HB 
N.       INTERNATIONAL   TERRORISM 
Activities  that: 
1.  involve  violent  acts  or   acts   dangerous   to  human 
life   that  are  a  violation  of   the   criminal  laws  of 
the   United   States  or  of   any   State,    or    that  would 
be   a  criminal  violation   if  committed  within   the 
jurisdiction  of  the  United   States   or   any   States; 
2.  appear   to  be   intended: 
a.  to  intimidate  or   coerce   a  civilian 
population; 
b.  to  influence   the  policy   of   a   government  by 
intimidation  or   coercion;    or 
c.  to  affect  the  conduct  of   a  government  by 
assassination  or   kidnapping;    and 
3.  occur    totally  outside   the  United   States,    or 
transcend   national  boundaries    in   terms  of   the 
means  by  which   they  are  accomplished,    the  persons 
they  appear    intended   to  coerce  or    intimidate,   or 
the   locale   in  which   their  perpetrators  operate  or 
seek   asylum.    (U) 
0.      INTERNATIONAL  TERRORIST:      an   individual   or   group   that 
knowingly  engages   in   international   terrorism  or 
activities   in  preparation   therefor,   or    knowingly  aids 
or   abets  any  person  engaged   in   such  activities.    (U) 
Q.      PUBLICLY  AVAILABLE:      information   that  has  been  published 
or   broadcast   for  general  public  consumption,    is  availa- 
ble  on   request   to  any  member  of    the  general  public, 
could   lawfully  be   seen  or  heard   by   any   casual  observer, 
or    is  made  available  at  a  meeting  open    to   the  aeneral 
public.     (U)
i  __. 
R.   SUBJECTS:   for  purposes  of  these  guidelines,  subjects 
of  counterintelligence  investigations  are  divided  into: 
(1)  foreign  powers,   (2)  foreign  officials,  (3)  foreign 
visitors,  and   (4)  United  States  persons.  (U) 
S.   TARGET:   an  individual"  or  organization  that  is  the 
object  of  a  recruitment  effort  by  a  foreign  intelli- 
gence service  or  international  terrorists;  or  infor- 
mation, persons,  property,  or  activities  in  the 
United  States  that  are  the  object  of  intelligence 
activity  by  a  foreign  intelligence  service  or 
international  terrorists.  (U) 
T.   UNITED  STATES:   when  used  in  a  geographical  sense,  ir.eans 
all  areas  under  the  territorial  sovereignty  of  the 
United  States.  (U) 
U.   UNITED  STATES  PERSON:   a  United  States  citizen,  a 
permanent  resident  alien,  an  unincorporated  association 
substantially  composed  of  United  States  citizens  or 
permanent  resident  aliens,  or  a  corporation  incorpo- 
rated in  the  United  States,  except  for  a  corporation 
directed  and  controlled  by  a  foreign  government  or 
governments.  (U) 
III.   COLLECTION  OF  FOREIGN  INTELLIGENCE  AND  FOREIGN 
COUNTERINTELLIGENCE  INFORMATION  (U) 
A.   GENERAL  (U) 
1.   The  FBI  may  collect  foreign  intelligence, 
foreign  counterintelligence,  international 
terrorism  and  other  information  as  permitted 
by  these  guidelines.   Such  collection  shall  be 
accomplished  by  the  least  intrusive  means  that 
will  provide  information  of  the  quality,  scope 
and  timeliness  required  and  in  a  manner  that  is 
consistent  with  the  Constitution  and  laws  of  the 
United  States,  these  guidelines  and  Executive 
Orders.  (U) 
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-  12  - 
D.   INVESTIGATIONS  FOR  AND  ASSISTANCE  TO  FOREIGN 
GOVERNMENTS  (U) 
1.   Any  request  for  FBI  intelligence  or  security 
related  investigations  within  the  United  States 
from  a  foreign  law  enforcement,  intelligence,  or 
security  agency,  or  for  FBI  assistance  to  such 
investigations  by  such  agencies,  must  identify 
the  information  sought  and  specify  the  purpose 
of  the  investigation.  (U) 
2. 
3. 
<.' 
*W**  I
4.      The  FBI  may  provide  other   material  and   technical 
assistance  to  foreign  governments   to  the  extent 
not  otherwise  prohibited  by   law.    (U) 
E.       FOREIGN    INTELLIGENCE    (U) 
1.       COLLECTION   OF   FOREIGN    INTELLIGENCE    INFORMATION 
a.  The  FBI  may  collect    foreign   intelligence 
in  response   to  requirements  of    topical 
interest  published  by   the  National  Foreign 
Intelligence  Board    (NFIB)  ,   or    its   successor. 
Upon  a   request  by  an  official  of   the 
Intelligence  Community   designated  by   the 
President,    the  FBI  may   also  collect   foreign 
intelligence   to  clarify  or  complete   foreign 
intelligence  previously  disseminated  by  the 
FBI.      Copies   of   such    requests    shall   be  pro- 
vided  to*  the  Office   of    Intelligence   Policy 
and  Review.    (U) 
b.  When  approved  by  the  Attorney  General  or  a 
designee,    the  FBI  may   collect  other    foreign 
intelligence   in  response   to  tasking 
specifically  levied   on   the   FBI   by  an  official 
of  the   Intelligence  Community  designated  by 
the  President.    (U) 
2.       OPERATIONAL   SUPPORT 
When  approved  by  the  Attorney  General  or  a 
designee,    the  FBI  may  provide  operational 
support   to  authorized    intelligence   activities 
of  other  entities  of    the    Intelligence ^ 
Community  upon  a   request  made   or  confirmed 
in  writing  by  an  official  of    the  U.S. 
Intelligence  Community   designated  by   the 
President.      The   request   shall  describe   the 
type  and  du.    :ion  of    suppor"-    required,    the 
reasons  why   tne  FBI    i      beim     requested   to 
furnish   the  assistance,    the    cechniques   that
OL 
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14  - 
are  expected  to  be  utilized,  and  shall 
certify  that  such  assistance  is  necessary 
an  authorized  activity  of  the  reauesting 
entity.  (U) 
to 
Such  support  may  include  techniques  set  forth 
in  the  approved  request  and,  with  the  approval 
of  FBI  Headquarters,  any  other  technique  that 
does  not  substantially  alter  the  character  of 
the  support.   The  Office  of  Intelligence 
Policy  and  Review  shall  be  promptly'notif ied 
of  the  utilization  of  any  such  additional 
techniques.  (U) 
Recruitment  of  new  assets  is  permissible 
to  obtain  information  or  services  necessary 
to  furnish  the  requested  support  so  long  as 
these  assets  are  subject  to  the  same  limi- 
limitations  as  any  other  FBI  employee  or 
asset.  (U) 
IV.    SPECIAL  TECHNIQUES  (U) 
A.   UNDISCLOSED  PARTICIPATION  (U) 
1 J  ^~
2. 
^ 
3.      Undisclosed  participation  that  will    influence 
rights  protected  by  the  First  Amendment,    for 
example   through  assuming  a  leadership  role   in 
an  organization,  may  be  approved    if   the   Director 
or   Acting  Director  of   the  FBI  has  determined 
that: 
a.  There   is  probable  cause   to  believe   the 
organization   is  engaged   in   espionage, 
sabotage  or   intelligence  activity   for 
or  on  behalf  of  a  foreign  power   or 
international  terrorism?   or 
b.  the  undisclosed  participation   is   essential 
to  establish,  enhance,  or  maintain  cover 
and  the  effect  on  the  activities  of   the 
organization  is  incidental   to  this  purpose 
and   the  Office  of  Intelligence  Policy   and  Review 
is  notified  of   the  nature  and  circumstances  of 
the  undisclosed  participation.  Q)j 
4.      For   the  purpose  of  authorizing   undisclosed 
participation: 
a.        -Organization  within  the  United   States" 
means  any  organization  within   the  U.S., 
whether  or  not  included   in  the  definition  of 
"U.S.   person",   but  does  not   include    foreign 
diplomatic  establishments  or   entities  openly, 
acknowledged  by  a   foreign  government   to     e 
directed  and  controlled  by   such   foreign 
government;
*2.^%m      «* 
— *  5—  i 
-  16  - 
"appropriate  officials  of  the  organization" 
means  any  official  of  the  organization 
reasonably  believed  to  be  authorized  to  act 
on  behalf  of  the  organization  in  relation  to 
the  activity  to  be  encaged  in; 
"participation  in  any  organ 
not  include  attendance  at  a 
to  the  public  or  to  acknowl 
of  the  U.S.  Government,  emp 
personal  activities  not  rel 
gence  activities,  or  regist 
attendance  at  an  academic  i 
to  obtain  education  or  trai 
FBI  employment  or  to  suppor 
cover  role.  (U) 
ization"  does 
n  activity  open 
edged  employees 
loyment  or  other 
ated  to  intelli- 
ration  and 
nstitution  solely 
ning  relevant  to 
t  a  future  under- 
B.   OPERATIONS  OUTSIDE  THE  UNITED  STATES  (U)
/  -  17  - 
r 
CONTRACTING  WITH  AN  ACADEMIC  INSTITUTION  (U) 
C 
The  FBI  shall  not  enter  into  contracts  or  arrange- 
ments for  the  provision  of  goods  or  services  with 
academic  institutions  in  the  United  States  without 
disclosing  FBI  sponsorship  to  the  appropriate 
officials  of  the  institution.   This  restriction 
does  not  apply  to  the  registration  or  attendance 
at  academic  institutions  by  FBI  employees,  which 
is  governed  by  Section  IV. A.  of  these  Guidelines 
or  to  the  purchase  or  lease  of  real  estate  where 
such  property  is  not  used  by  the  institution  for 
academic  purposes.  (U) 
D.   MAIL  COVERS  (U) 
1.   FBI  mail  covers  will  conform  to  U.S.  Postal  Service 
regulations.  (U) 
2. 
V. 
Where  time  is  of  the  essence,  FBI  Headquarters  may 
orally  reguest  the  Chief  Postal  Inspector  or  a 
designee  to  approve  a  mail  cover  if  the  required 
factual  basis  exists.   The  request  to  the  U.S. 
Postal  Service  must  be  confirmed  in  writing  within 
two  business  days,  and  the  Attorney  General  will 
be  promptly  notified  of  mail  covers  that  would 
otherwise  require  his  approval.  (U) 
Renewals  of  mail  covers  may  be  obtained  unde 
the  same  conditions  and  procedures  applicable  to
the  original  request  under    these  guidelines. 
Those  mail  covers  originally   requiring  Attorney 
General  approval,   however,    may  be   renewed  by  FBI 
Headquarters  where  the   facts   and  circumstances 
of   the   investigation  have   not   significantly 
changed.    (0) 
5. 
E.  TELEVISION   CAMERAS   AND  OTHER  MONITORING    (U) 
The   use  of  CCTV  and  direction   finders,    including 
beepers,   must  be  approved  by  FBI   Headquarters.      The   use 
of   other   monitoring  devices  must  be   approved  by   the   SAC. 
In   any  case  where   there   is   a   reasonable   expectation  of 
privacy  and  a  warrant  would  be   required   for   law  enforce- 
ment purposes,   appropriate   judicial  authority  must  be 
obtained   through  FBr  Headquarters.    (U) 
F.  CONSENSUAL  MONITORING    (U) 
1.  This  section  governs  monitoring  that  would  con- 
stitute electronic  surveillance  as  defined  in  the 
Foreign  Intelligence  Surveillance  Act  but  for  the 
lawful  consent  of  a  party  to  the  communication.  (U) 
2.  FBI  Headquarters  may  authorize  such  monitoring 
for  up  to  ninety  days  to  obtain  counterintelli- 
gence, foreign  intelligence,  or  international 
terrorist  information.   Extensions  may  be 
requested  under  the  same  conditions  applicable 
to  the  original  request.  (U) 
V.     ELECTRONIC  SURVEILLANCE.   The  FBI  may  undertake  electronic 
surveillance  in  accordance  with  the  Foreign  Intelligence 
Surveillance  Act  of  1978  (50  USC  §  1801)  ,  or  Title  III 
of  the  Omnibus  Crime  Control  and  Safe  Streets  Act  of  1968 
(18  U.S.C.  §  2510).  (U) 
w  I      ■**»
_  I 
VI.    PHYSICAL  SEARCHES.   The  following  procedures  apply  to 
physical  searches  of  property  or  premises,  but  do  not  apply 
to  searches  for  the  purpose  of  placing,  conducting  surveys 
for,  or  maintaining  authorized  electronic  surveillance 
devices;  or  to  the  receipt  by  the  FBI  of  any  information, 
property  or  materials  furnished  by  individuals  acting  on' 
their  own  initiative.  (U) 
A.   REAL  PROPERTY  (U)
i  :•  L  > 
-   21  - 
B.       PERSONAL   PROPERTY    (U)
-  23  - 
C' 
D.       EMER^'.NCY   PROCEDURES    (U) 
1.     A  physical   search  that  would   require  written 
Attorney  General- approval,  may  be   requested   and
approved  orally  if  the  opportunity  to  search  would 
otherwise  be  lost.   The  request  and  approval  shall 
be  reduced  to  writing  as  soon  as  possible  and 
shall  set  forth  the  exigent  circumstances 
justifying  oral  approval.  (U) 
2.   In  exigent  circumstances  a  search  that  would 
otherwise  require  oral  or  written  Attorney  General 
approval  may  be  undertaken  without  such  approval 
if: 
a.  all  the  conditions  necessary  to  justify  the 
search  exist; 
b.  the  opportunity  would  be  lost  in  the  time 
necessary  to  obtain  Attorney  General 
approval;  and 
c.  the  search  is  reported  to  the  Attorney 
General  within  24  hours  together  with  an 
explanation  of  the  exigent  circumstances 
justifying  the  search.  (U) 
MINIMIZATON  OF  INFORMATION  CONCERNING  UNITED  STATES 
PERSONS  (U) 
FBI  physical  searches  shall  be  directed  only  at  the 
gathering  of  foreign  intelligence  or  counterintelli- 
gence information.  Other  information  concerning  U.S. 
persons  incidentally  acquired  may  be  retained  or 
indexed  if  it  relates  to  FBI  counterintelligence  or 
law  enforcement  responsibilities  or  concerns  FBI 
employees  or  assets.  (U) 
F.   GENERAL  (U) 
1.      Nothing   in  these  guidelines  prohibits  physical 
searches  authorized  by  judicial  warrant,   or   in 
emergency  circumstances  where   necessary  to  protect 
a  person  whose  life   is   reasonably  believed   to  be 
in    imminent  'danger.    (U) 
2. 
3.  For  po  oses  of  this  section,  no  United  States 
person  may  be  co  ^idered  a  foreign  power  or  an 
agent  of  a  foreign  power  solely  upon  the  basis 
of   activities-orotectedrby   the  First  Amendment.    (U)
VII.   RETENTION  AND  DISSEMINATION  (U) 
A.  RETENTION  (U)  •     ' 
The  FBI  shall  retain  records  relating  to  all  foreign 
intelligence,  counterintelligence  and  international 
terrorism  information  collection  or  support  activities 
in  accordance  with  a  records  retention  plan  approved 
by  the  National  Archives  and  Records  Service.  (U) 
B.  DISSEMINATION  (U) 
1.   GENERAL 
a.  Nothing  in  this  section  shall  limit  or 
restrict  dissemination  with  the  consent  of 
the  subject  or  where  necessary  to  protect 
life  or  property  from  threatened  force  or 
violence  or  to  obtain  information  for  the 
conduct  of  a  lawful  FBI  investigation.  (U)  * 
b.  Information  that  is  publicly  available  or 
does  not  identify  U.S.  persons  may  be 
disseminated  for  any  lawful  purpose.  (U) 
c.  Non-publicly  available  information  may  be 
disseminated  to  appropriate  entities  within 
the  Intelligence  Community,  whether  or  not 
it  identifies  U.S.  persons,  for  their 
determination  whether  the  information  may 
be  retained.  (U) 
d.  Non-publicly  available  information  that 
identifies  U.S.  persons  may  be  disseminated 
for  any  lawful  purpose  outside  the 
Intelligence  Community  if  the  identities 
are  or  may  reasonably  become  necessary  to 
understand  or  assess  the  importance  of  the 
information.  (U) 
e.  Transmission  of  information  to  any 
component  of  the  Department  of  Justice  is 
not  dissemination  within  the  meaning  of 
these  Guidelines.  (U)
-  26  - 
2.   AUTHORITY  FOR  DISSEMINATION 
a.    Dissemination  to  Federal  Authorities 
The  FBI  ir.ay  disseminate  information  to 
other  federal  authorities  when  it: 
1)  relates  to  a  crime  or  violation  of 
regulation  which  falls  within  their 
investigative  jurisdiction; 
2)  relates  to  their  authorized  responsi- 
bilities; 
3)  is  required  to  be  furnished  to  another 
federal  agency  by  Executive  Order  10450 
or  its  successor;"  or 
4)  is  required  to  be  disseminated  by 
statute,  National  Security  Council 
directive,  interagency  agreement 
approved  by  the  Attorney  General,  or 
Presidential  directive.  (U) 
Dissemination  to  State  and  Local  Government 
Authorities 
Facts  or  information  relating  to  crimes  may 
be  disseminated  to  state  and  local  govern- 
ments with  appropriate  jurisdiction  if  such 
dissemination  is  consistent  with  the 
interests  of  U.S.  national  security.  (UJ 
c.    Dissemination  to  Foreign  Governments 
1)   The  FBI  may  cooperate  with  foreign  law 
enforcement,  intelligence  or  security 
agencies  by  furnishing  information 
obtained  under  these  guidelines  that  is 
relevant  to  the  functions  of  those 
agencies  if  such  dissemination  is  in 
the  interests  of  U.S.  national  security 
and  the  FBI  considers  the  effect  the 
dissemination  may  be  expected  to  have 
on  any  identifiable  U.S.  person.  (U)
-27   - 
2)  Information  received   from  or  obtained 
at  the  request  of  a   foreign  law  enforce- 
ment,   intelligence  or   security  agency 
may  be  disseminated   under    these  guide-    • 
lines   in  the   same  manner   as   similar 
information   acquired   by  the   FBI  within 
the  United  States.    (U) 
3)  Dissemination   to  a    foreign  government 
posing  significant    implications   to 
foreign  relations   shall  be   coordinated 
with   the  Department  of  State.    (U) 
d.        Dissemination  to  Congressional  Committees    (U) 
1)  Except  for  briefings  and   testimony  on 
matters  of  general    intelligence   interest, 
foreign  intelligence,   counterintelli- 
gence,  or  criminal    information  may  be 
disseminated   upon   request   to  appropri- 
ate Congressional  committees  when 
authorized  by   the  Attorney  General  or  a 
designee.     Any  agency  requesting  or 
collaborating    in   th'e  collection  shall 
be  consulted  prior    to  dissemination.    (U) 
2)  A  request  for  U.S.    Person   information 
deleted  from  the  dissemination  under 
these  guidelines  shall  be   referred  to 
the  Attorney  General,   or   designee,    for 
resolution.    (U) 
e.        Dissemination  to   the  White  House 
Dissemination  of    information   to   the  White 
House   is  governed  by   the   annex   to  these 
guidelines.    (U) 
3.       INFORMATION   OBTAINED   FROM   FOREIGN    INTELLIGENCE 
ELECTRONIC   SURVEILLANCE 
Dissemination  of   information   acquired   under    the 
Foreign  Intelligence   Surveillance  Act   is  governed 
by   court  ordered  minimization  procedures.      Proce- 
dures  for  dissemination  of    such   information   to 
the  White  House  and  Congressional    committees   also 
apply.    (U)
4.       INFORMATION   OBTAINED   FROM   PHYSICAL   SEARCHES 
a.  Information  concerning  U.S.   persons  obtained 
from  physical  searches   undertaken  where   there 
is  a  reasonable  expectation  of  privacy  and  a 
warrant  would  be   required   for   law  enforcement 
purposes  may  be  disseminated   in   6trict 
accordance  with   the  other   provisions  of   this 
section  as  well  as   any   special  minimization 
procedures  approved  by   the  Attorney  General.    (U) 
b.  Dissemination  of   such   information   relating 
to  criminal  activity  shall   include   a  notice 
that  the   information  shall  not   be   used    in 
connection  with  a  prosecution  or  other 
judicial  proceeding  without  consultation 
with  the  FBI  and   the  advance  written 
approval  of  the  Attorney  General  or   a 
designee.    (0) 
c.  The   identities  of  U.S.    persons  may  not  be 
disseminated  to  a    foreign  government  with- 
out the  advance  written   approval  of   the 
Attorney  General  or   a  designee.    (U) 
DISSEMINATION    IN  DOUBLE   AGENT   OPERATIONS
-  29  - 
6.   RECORDS  OF  DISSEMINATION 
The  FBI  shall  maintain  records  to  the  extent 
required  by  law  of  all  disseminations  outside 
Department  of  Justice  of  information  obtained 
under  these  guidelines.  (U) 
the 
VIII.  CIA  AND  DOD  ACTIVITIES  WITHIN  THE  UNITED  STATES  (U) 
^
-  30  - 
IX.  REPORTING     (U) 
A. 
B.      FBI   Headquarters   shall  promptly   notify    the  Office  of 
Intelligence  Policy  and  Review  of   any   request  by  a 
foreign   law  enforcement,    intelligence  or   security 
agency   for   information  or   assistance   in   an   investiga- 
tive matter   involving  a  U.S.   person.      FBI  Eeaoquarters 
shall  maintain,    and  provide   to   the  Office  of 
intellioence  Policy  and  Review  upon  request,   statis- 
tics  on'the  number  of  requests   for   assistance   received 
from   foreign  law  enforcement,    intelligence  or   security 
agencies   involving  U.S.   persons.      The   statistics   shall 
identify   the  nature  of   the  request  and  whether   the 
assistance  requested  was   furnished  or   declined.    (U)
-  31  - 
Summaries  furnished  under  paragraph  C  or  reports  of 
investigations  reviewed  under  paragraph  D  concerning 
assets  or  potential  assets  may  be  prepared  for  review 
in  a  form  which  protects  identity,  but  must  include  the 
status  of  the  subject,  i.e.,  whether  a  foreign  national 
or  American  citizen,  and  a  description  of  the  techniques 
used  for  recruitment  or  attempted  recruitment.  (U) 
To  ensure  the  security  of  foreign  intelligence 
collection  and  counterintelligence  investigations,  the 
Office  of  Intelligence  Policy  and  Review  shall,  except 
in  unusual  circumstances,  conduct  reviews  of  FBI  reports 
in  a  physically  secure  area  at  FBI  Headquarters.  (U) 
<thh\ 
/Date 
William  French  Smith 
Attorney  General
Part  I 
GUIDELINES  FOR  FBI  DISSEMINATION  TO  THE 
WHITE  HOUSE  OF  FOREIGN  INTELLIGENCE  AND 
COUNTERINTELLIGENCE  INFORMATION 
A.  Except  as  otherwise  provided  in  Part  II,  the  FBI  may 
provide  to  the  White  House  information  in  the  approved 
categories  described  in  Part  I.B  which  has  been  devel- 
oped through: 
(1)  investigation,  research,  or  analysis  in 
response  to  regularly  published,  current 
intelligence  requirements  or  other  formal 
tasking  from  the  Intelligence  Community; 
(2)  authorized  counterintelligence  investi- 
gations and  activities? 
(3)  authorized  law  enforcement  investigations 
and  activities;  or 
(4)  studies  and  analyses  of  foreign  intelli- 
gence or  foreign  counterintelligence. 
White  House  reguests  to  the  FBI  for  such  information 
shall  be  made  through  the  National  Security  Council 
(NSC)  staff  with  simultaneous  copies  to  the  Office 
of- Intelligence  Policy  and  Review  in  the  Department 
of  Justice  (OIPR) .  The  FBI  shall  provide  OIPR  with 
simultaneous  copies  of  disseminations  to  the  White 
House  that  identify  U.S.  persons. 
B.  The  following  categories  of  information  are  approved 
for  purposes  of  this  Part.  The  Attorney  General  in' 
consultation  with  the  Assistant  to  the  President  for 
National  Security  Affairs,  may  authorize  dissemi- 
nation of  information  not  included  in  one  of  these 
categories  or  the  addition  of  new  categories.
-.2   - 
(1)      Foreign  Intelligence  Information 
a.  information  indicative  of  policy 
positions  adopted  by   foreign  officials 
or  governments; 
b.  information  relating   to  possible 
changes   in  leadership  positions  of 
foreign  governments,    parties,    or 
factions; 
c.  information  concerning    foreign 
officials'   reactions   to  major    foreign 
policy   initiatives; 
d.  information  indicative   of   imminent 
hostilities  involving   any  foreign 
power; 
e.  information  concerning    foreign 
economic  or   foreign  political   matters 
which  might  have  significant  national 
security  ramifications;    and 
f.  information  concerning  high  priority 
targets  as  set   forth   in  regularly 
published  requirements   for   the 
Intelligence  Community. 
(2)      Foreign  Counterintelligence    Information 
a.  information  concerning   notable 
activities  of  foreign   intelligence 
services   in  the  United   States; 
b.  information  concerning   any  efforts  of 
foreign   intelligence   services   to 
penetrate   the  White  House  or  NSC; 
c.  information  concerning   contacts  by  the 
NSC  staff  or  other  White  House  person- 
nel with  foreign   intelligence   service 
personnel;    and 
d.  counterintelligence   studies  prepared 
for  dissemination   to   the   Intelligence 
Community.
-  3  - 
Part  II 
A.  When  the  FBI  has  any  question  regarding  any  request 
or  dissemination  under  these  Guidelines,  the  matter  • 
may  be  referred  to  OIPR  with  any  appropriate  recom- 
mendations.  If  necessary,  the  request  or  dissemi- 
nation may  be  modified  after  appropriate  consultation 
between  OIPR,  FBI,  the  NSC  staff  and,  if  necessary, 
the  Attorney  General. 
B.  Compromising  information  concerning  U.S.  officials 
or  U.S.  political  organizations,  or  any  information 
concerning  activities  of  U.S.  persons  intended  to 
affect  the  political  process  in  the  United  States, 
may  not  be  disseminated  to  the  White  House  by  the 
FBI  without  the  specific  approval  of  the  Attorney 
General  based  on  a  determination  that  dissemination 
of  the  information  is  essential  for  foreign  intelli- 
gence or  counterintelligence  purposes  or  the  conduct 
of  foreign  affairs.   However,  such  prior  approval 
is  not  required  for  dissemination  of  information 
described -in  sections  B(2)b  and  c  of  Part  I. 
C.  Dissemination  by  the  FBI  of  information  obtained 
through  extraordinary  techniques,  or  that  concerns 
United  States  persons  and  their  activities,  shall  be 
accomplished  in  accordance  with  relevant  provisions 
of  the  Attorney  General  Guidelines  for  FBI  Foreign 
Intelligence  Collection  and  Counterintelligence 
Investigations. 
D.  These  guidelines  do  not  apply  to  dissemination  by 
the  FBI  to  the  White  House  of  information  acquired 
in  the  course  of  an  FBI  investigation  requested  by 
the  White  House  into  the  background  of  a  potential 
employee  or  appointee,  or  responses  to  requests 
from  the  White  House  under  Executive  Order  10450..