GUIDANCE  FOR  CIA  ACTIVITIES 
WITHIN  THE  UNITED  STATES 
I .   INTRODUCTION 
A.  SCOPE  -  Executive  Order  12333  outlines  the  duties  and 
responsibilities  of  CIA  as  well  as  limitations  upon  intel- 
ligence activities  undertaken  by  the  Agency.   The  Order 
reflects  the  requirements  of  the  National  Security  Act  of 
1947,  the  CIA  Act  of  1949,  and  other  laws,  regulations,  and 
directives,  as  well  as  intelligence  policies.   These 
revised  procedures,  which  implement  Sections  2.3,  2.4  and 
2.9  of  the  new  Order,  were  prepared  by  CIA,  were  approved 
by  the  Attorney  General,  and  are  issued  by  the  Director  of 
Central  Intelligence.   These  procedures  supersede  all 
existing  procedures  addressing  the  same  subject  matter. 
However,  employees  must  also  comply  with  Agency  regulations 
that  reflect  the  requirements  of  the  new  Order  and  Agency 
policies  regulating  employee  conduct  within  the  United 
States. 
B.  PURPOSES  -  These  procedures  are  intended  to: 
1.  Permit  and  encourage  legitimate  intelligence  activities 
to  the  maximum  extent  possible  so  that  an  aggressive 
and  effective  intelligence  effort  may  be  carried  out 
free  of  unnecessary  restrictions? 
2.  Provide  legal  protection  to  employees  who  follow  the 
procedures  by  providing  authority  for  intelligence 
activities?  and 
3.  Assure  the  American  public  and  the  intelligence  over- 
sight mechanisms  that  all  CIA  activities  in  the  United 
States  are  lawful  and  related  to  legitimate  intelli- 
gence objectives. 
II.   RESPONSIBILITIES  -  CIA  is  responsible  within  the  United  States 
for: 
A.  Collecting,  producing,  and  disseminating  foreign  intelli- 
gence and  counterintelligence,  including  counter- 
intelligence and  significant  foreign  intelligence  not 
otherwise  obtainable.   (The  collection  of  foreign 
intelligence  not  otherwise  obtainable  shall  be  coordinated 
with  the  FBI  as  required  by  these  procedures.)? 
B.  Conducting  counterintelligence  activities,  in  coordination 
with  the  FBI  as  required  by  these  procedures; 
C.  Collecting,  producing,  and  disseminating  intelligence  on 
foreign  aspects  of  narcotics  production  and  trafficking;
D.  Conducting  research,  development  (including  testing),  and 
procurement  of  technical  systems  and  devices  relating  to 
authorized  functions; 
E.  Protecting  the  security  of  its  installations,  activities, 
information,  property,  and  employees  by  appropriate  means? 
F.  Conducting  Intelligence  Community  services  of  common 
concern  as  directed  by  the  NSC; 
G.  Conducting  special  activities  in  support  of  national 
foreign  policy  objectives  abroad  approved  by  the 
President  and  consistent  with  applicable  laws;  and 
H.   Conducting  administrative  and  technical  support  activi- 
ties necessary  to  perform  the  functions  described  above. 
III.   AUTHORITIES  -  All  CIA  activities  within  the  United  States 
must  be  related  to  the  responsibilities  identified  above  and 
must  be  authorized  as  outlined  in  these  procedures. 
IV.   GENERAL  PRINCIPLES 
A.  ACTIVITIES  COVERED  -  These  procedures  apply  to  CIA  acti- 
vities within  the  United  States. 
B.  INDIVIDUALS  TO  WHOSE  ACTIVITIES  THESE  PROCEDURES  APPLY  - 
These  procedures  apply  to  the  activities  of  all  CIA  em- 
ployees, including  individuals  assigned  to  or  acting  for 
CIA,  such  as  contractors  and  assets. 
C.  LEAST  INTRUSIVE  TECHNIQUE  PEASIBLE  -  A  certain  collection 
technique  may  be  used  only  if  a  less  intrusive  technique 
cannot  acquire  intelligence  of  the  nature,  reliability, 
and  timeliness  required.   As  a  rule,  basic  collection  and 
standard  collection  techniques  are  less  intrusive  than 
special  collection  techniques. 
D.  FBI  COORDINATION  -  Executive  Order  12333  requires  that 
CIA  foreign  intelligence  collection  and  counter- 
intelligence activities  conducted  within  the  United 
States  be  coordinated  with  the  FBI  as  specified  in  these 
procedures,  in  addition  to  the  internal  approvals 
specified  in  these  procedures  or  even  when  the  internal 
approvals  are  not  required.   See  Part  VII  of  these 
procedures  for  FBI  coordination  requirements.
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F.   ADMINISTRATION  -  Nothing  in  these  procedures  shall 
prohibit  collection,  retention,  or  dissemination  of 
information  concerning  U.S.  persons  necessary  for 
administrative  purposes  (including  contracting,  building 
maintenance,  construction,  fiscal  matters,  internal 
accounting  procedures,  disciplinary  matters,  and 
investigations  of  alleged  crimes  or  improprieties  by 
Agency  employees)  by  Agency  components  authorized  to 
perform  such  functions. 
V.   COLLECTION  OP  INFORMATION  IN  THE  UNITED  STATES 
A.  WHAT  IS  A  U.S.  PERSON?  -  A  U.S.  person  is  a  U.S.  citizen, 
an  alien  known  by  CIA  to  be  a  permanent  resident  alien, 
an  unincorporated  association  substantially  composed  of 
U.S.  citizens  or  permanent  resident  aliens,  or  a  corpor- 
ation incorporated  in  the  United  States,  except  for  a 
corporation  directed  and  controlled  by  a  foreign  govern- 
ment.  An  alien  in  the  United  States  may  be  presumed  not 
to  be  a  U.S.  person  unless  specific  indications  to  the 
contrary  are  obtained.   (See  Appendix  A  for  complete 
definition. ) 
B.  BASIC  COLLECTION 
1.   WHAT  IS  BASIC  COLLECTION?  -  Basic  collection  is 
collection  of  any  one  or  more  of  the  following  types 
of  information  about  a  U.S.  person: 
a.  INCIDENTALLY  ACQUIRED  INFORMATION  -  Information 
about  a  U.S.  person  incidentally  obtained  in  the 
course  of  an  investigation  directed  at  other 
authorized  subjects  (including  information  volun- 
tarily provided). 
b.  PUBLICLY  AVAILABLE  INFORMATION  -  Information  any 
V_                     member  of  the  public  could  lawfully  obtain  by 
request  or  observation  (not  amounting  to  physical 
surveillance),  including  public  communications,
and  information  that  is  lawfully  accessible  to 
any  member  of  the  public. 
c.  CONSENSUAL  INFORMATION  -  Consent,  in  this  con- 
text, generally  means  that  the  subject  of  the 
collection  has  consented  to  the  collection  of  the 
information.   (See  Appendix  A  for  complete  defi- 
nition. ) 
d.  IDENTIFYING  INFORMATION  -  Information  that  con- 
cerns the  identity  rather  than  the  activities  of 
a  person,  such  as: 
(1)  Individuals 
-  Name 
-  Title/Occupation 
-  Address 
-  Date  and  place  of  birth 
-  Physical  description 
-  Social  Security  number 
(2)  Organizations 
-  Name 
-  Address 
-  Date  and  place  of  incorporation 
-  Characterization 
(e.g., industrial  firm,  fraternal 
organization,  charitable 
organization) 
-  Identity  of  officers 
(3)  Similar  identifying  information 
APPROVAL  AUTHORITY  -  Basic  collection  requires  no 
internal  approvals  under  these  procedures,  but  may 
require  coordination  with  the  FBI.   See  Part  VII  of 
these  procedures  for  coordination  requirements.
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2.   WHEN  MAY  STANDARD  COLLECTION  TECHNIQUES  BE  USED? 
a.   U.S.  PERSONS 
(1)   Standard  collection  techniques  may  be 
directed  at  a  D.S,  person  to  collect: 
(a)  Information  needed  to  determine  suita- 
bility or  credibility  of  potential 
sources  or  contacts; 
(b)  Foreign  intelligence,  including  such 
intelligence  concerning  corporations  or 
other  commercial  organizations,  and 
such  intelligence  which  may  be  obtained 
in  the  course  of  an  authorized  foreign 
intelligence  investigation  directed  at 
activities  of  foreign  powers,  organi- 
^~  zations,  persons,  or  those  acting  on 
their  behalf;
(c)  Counterintelligence,  including  such 
intelligence  concerning  corporations  or 
other  commercial  organizations,  and 
such  intelligence  which  may  be  obtained 
in  the  course  of  an  authorized  counter- 
intelligence investigation  directed  at 
activities  of  foreign  powers, 
organizations,  or  persons,  or  those 
acting  on  their  behalf.   Such 
collection  may  be  undertaken  under 
circumstances  in  which  the  U.S.  person 
is  or  may  be  engaged  in  intelligence 
activities  on  behalf  of  a  foreign  power 
or  under  circumstances  in  which  he  may 
be  the  target  of  the  intelligence 
activities  of  a  foreign  power; 
(d)  Information  which  may  be  obtained  in 
the  course  of  an  authorized  inter- 
national terrorist  investigation.   Such 
collection  may  be  undertaken  under 
circumstances  in  which  the  U.S.  person 
is  or  may  be  engaged  in  international 
terrorist  activities  or  under  circum- 
stances in  which  he  may  be  the  target 
of  such  terrorist  activities; 
(e)  Information  needed  to  protect  the 
safety  of  any  persons  or  otganizations, 
including  those  who  are  the  targets, 
victims  or  hostages  of  international 
terrorist  organizations,  to  the  extent 
collection  of  such  information  is 
consistent  with  the  National  Security 
Act  of  1947,  as  amended; 
(f)  Information  concerning  present  or 
former  employees,  present  or  former 
intelligence  agency  contractors  or 
their  present  or  former  employees,  or 
applicants  for  any  such  employment  or 
contracting,  that  is  needed  to  protect 
foreign  intelligence  or  counterintel- 
ligence sources  or  methods  from 
unauthorized  disclosure; 
(g)  Information  relevant  to  an  authorized 
CIA  personnel,  physical,  or 
communications  security  investigation; 
or 
(h) "  Information  obtained  in  the  course  of 
an  authorized  international  narcotics 
investigation  to  acquire  intelligence 
on  foreign  aspects  of  narcotics
production  and  trafficking.   Such 
investigations  may  be  undertaken  under 
circumstances  in  which  the  U.S.  person 
is  or  may  be  engaged  in  such  narcotics 
activities. 
(2)   APPROVAL  AUTHORITY 
(a)   Except  as  provided  in  (b)  below,  a 
Chief  of  Station,  Chief  of 
Installation,  Chief  of  Base,  or  other 
senior  official  specified  in  Appendix  B 
may  approve  the  use,  on  a  case-by-case 
basis,  of  standard  collection  tech- 
niques directed  at  a  U.S.  person  if  the 
facts  and  circumstances  available  to 
him  at  the  time  indicate  that  one  or 
more  of  the  types  of  information 
described  in  paragraph  (1)  above  may  be 
obtained.   The  approving  official  shall 
take  special  care  to  ensure  that 
physical  surveillance  is  not  undertaken 
beyond  that  period  that  is  justified  by 
the  underlying  facts  and  circum- 
stances. Approving  officials  may  con- 
sult with  Headquarters  prior  to 
authorizing  standard  collection  tech- 
niques and  should  advise  Headquarters 
of  any  approvals  to  use  such 
techniques. 
(b)   Collection  in  the  United  States  by 
other  than  overt  CIA  components  of 
foreign  intelligence  which  is  not 
otherwise  obtainable  may  be  approved 
only  if  the  DDO  or  his  designee 
determines  that  (i)  the  foreign 
intelligence  sought  is  significant 
(important  and  material  and  not  merely 
routine)  and  cannot  reasonably  be 
obtained  by  any  other  means,  (ii)  the 
subject  cannot  be  advised  of  CIA's 
interest  because  such  notification 
would  frustrate  the  collection  or 
jeopardize  or  compromise  a  CIA  activity 
or  operation,  and  (iii)  such  collection 
is  not  undertaken  for  the  purpose  of 
acquiring  information  concerning  the 
domestic  activities  of  U.S.  persons. 
An  overt  component  is  a  component,  such 
as  DCD,  that  does  not  attempt  to 
conceal  its  relationship  to  CIA. 
Domestic  activities  mean  activities 
that  occur  within  the  United  States  and 
do  not  have  a  significant  connection
with  a  foreign  power,  person,  or 
organization. 
(c)  Foreign  intelligence  and  counter- 
intelligence collection  and  other 
counterintelligence  activities  may 
require  coordination  with  the  FBI.   See 
Part  VII  of  these  procedures  for 
coordination  requirements. 
(d)  Information  acquired  in  the  course  of 
authorized  collection  activities  that 
indicate  possible  violations  of  the 
federal  criminal  code  must  be  handled 
in  accordance  with  the  crimes  reporting 
procedures  in  HR  7-1. 
(e)  Individual  approvals  on  a  case-by-case 
basis  are  not  required  for  (i)  person- 
nel security  investigations  directed  at 
current  CIA  employees,  employees  of  CIA 
contractors,  applicants  for  such 
employment,  and  other  individuals  who 
have  been  granted  or  who  are  being 
considered  for  security  clearances  or 
approvals  and  other  persons  with 
similar  associations;  or  (ii)  routine 
checks  of  records  of  other  federal 
agencies  (National  Agency  checks),  or 
state  or  local  police  authorities,  done 
in  the  course  of  a  security  suitability 
or  credibility  investigation.
Foreign  intelligence  collection  and  counterintelligence 
activities  may  require  coordination  with  the  FBI.   See 
Part  VII  of  these  procedures  for  coordination  requirements. 
VI.   PROCESSING  OP  U.S.  PERSON  INFORMATION 
A.   RETENTION  AND  DISSEMINATION  OP  INFORMATION  NOT  DERIVED 
FROM  SPECIAL  COLLECTION  TECHNIQUES 
1.   RETENTION  -  Information  about  a  U.S.  person  that  is 
not  derived  from  special  collection  techniques  may  be 
retained  if  it  relates  to  the  responsibilities  listed 
in  Part  II  above  and  if  it  falls  within  any  one  of 
the  following  criteria: 
a.  The  information  is  publicly  available,  consen- 
sual, or  identifying  information  (see  Part  V.B.I, 
above) . 
b.  The  information  is  foreign  intelligence  or 
counterintelligence;  information  concerning 
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international  terrorist  activities;  information 
concerning  foreign  aspects  of  international 
narcotics  activities;  information  needed  to 
protect  the  safety  of  persons  or  organizations; 
information  needed  to  protect  foreign  intelli- 
gence or  counterintelligence  sources  and  methods 
from  unauthorized  disclosure;  information 
concerning  personnel,  physical,  or  communications 
security;  information  acquired  by  overhead  recon- 
naissance; information  that  may  indicate  involve- 
ment in  activities  that  may  violate  federal, 
state,  local,  or  foreign  laws;  or  information 
necessary  for  administrative  purposes. 
c.  The  information  concerns  potential  sources  or 
contacts.   If  an  individual  concerned  is  not 
contacted  for  use  within  three  years  of  the  date 
collection  is  initiated,  or  upon  being  contacted, 
refuses  or  declines  to  be  a  source  or  contact, 
the  information  may  be  retained  only  if  it  is 
limited  to  a  brief  summary  indicating  (1)  the 
person  was  considered  as  a  potential  source  or 
contact,  (2)  the  reasons  why  he  was  considered, 
and  (3)  the  reasons  why  the  individual  did  not 
become  a  source  or  contact  (Information  also  may 
be  retained,  of  course,  if  it  qualifies  under  any 
of  the  other  categories  in  this  paragraph.). 
d.  The  information  is  retained  in  such  a  manner  that 
it  cannot  be  retrieved  by  reference  to  the 
person's  name  or  other  identifying  data. 
e.  The  information  is  processed  to  delete  the 
identity  of  the  U.S.  person  and  all  personally 
identifiable  information.   In  such  cases  a 
generic  term  which  does  not  identify  the  U.S. 
person  in  the  context  of  the  information,  such  as 
"businessman,"  may  be  substituted. 
f.  The  information  is  (1)  necessary  for  the  purposes 
of  oversight,  accountability,  or  redress, 
(2)  relevant  to  an  administrative,  civil,  or 
criminal  proceeding  or  investigation, 
(3)  required  by  law  to  be  retained,  or 
(4)  necessary  to  be  retained  for  the  purpose  of 
determining  that  the  requirements  of  these  proce- 
dures are  satisfied. 
g.  The  information  is  suspected  to  be  enciphered  or 
to  contain  a  secret  meaning,  or  was  enciphered  or 
did  contain  a  secret  meaning. 
h.   Such  retention  is  necessary  to  a  lawful  activity 
of  the  United  States  and  the  General  Counsel,  in
consultation  with  the  Department  of  Justice, 
determines  that  such  retention  is  lawful, 
i.   Such  retention  is  necessary  for  a  reasonable 
period  to  determine  whether  the  information  falls 
within  one  or  more  of  the  categories  above. 
3  2
3.   The  identity  of  a  U.S.  person  may  be  retained  and 
disseminated  along  with  information  concerning  him  if 
theinrormation  qualifies  for  retention  or  dissemi- 
nation under  paragraph  1  or  2  above.   Such  an 
identity  may  be  disseminated  outside  the  Intelligence 
Community  only  if  it  is  necessary  or  if  it  is 
reasonably  believed  that  it  may  become  necessary  to 
understand  or  assess  such  information.
B.   COUNTERINTELLIGENCE  ACTIVITIES  WITHIN  THE  UNITED  STATES 
1.   WHAT  ARE  COUNTERINTELLIGENCE  ACTIVITIES?  -  Counter- 
intelligence activities  are  collection  and  other  * 
activities  conducted  to  protect  against  espionage, 
other  intelligence  activities,  sabotage,  or  assassi- 
nations conducted  for  or  on  behalf  of  foreign  powers, 
organizations  or  persons,  or  international  terrorist 
activities.   Such  activities  do  not  include 
collection  and  other  activities  related  to  personnel, 
physical,  document,  or  communications  security 
programs.
VIII.   UNDISCLOSED  PARTICIPATION  IN  ORGANIZATIONS  WITHIN  THE  UNITED 
STATES 
A.   PERMITTED  PARTICIPATION 
1.  A  staff  employee  or  an  asset  may  join  or  otherwise 
participate  in  any  organization  in  the  United  States 
only  in  the  following  circumstances: 
a.  If  acting  in  a  private  capacity  for  a  personal 
purpose  and  CIA  does  not  pay  dues,  membership  or 
entrance  fees.   APPROVAL  AUTHORITY:  No  special 
approval  required. 
b.  If  the  participation  is  attendance  at  a  public 
meeting,  the  sponsors  of  which  do  not  require  or 
expect  disclosure  of  affiliation  as  a  condition 
of  attendance.   APPROVAL  AUTHORITY:  No  special 
approval  required. 
c.  If  the  organization  is  an  official  establishment 
of  a  foreign  government.   APPROVAL  AUTHORITY:   No 
special  approval  required. 
d.  To  obtain  publications  of  organizations  whose 
membership  is  open  to  the  general  public. 
APPROVAL  AUTHORITY:   No  special  approval 
required.
e.  If  an  "appropriate  official,"  i.e.  an  official 
authorized  to  act  cr.  behalf  of  the  organization 
in  relation  to  the  activity  in  question,  is 
informed  and  approves.   APPROVAL  AUTHORITY: 
Appropriate  officials  of  the  organization. 
f.  To  usa  athletic,-  entertainment,  or  cultural 
'   facilities  that  are  open  to  members  of  the 
general  public  solely  on  the  condition  of  payment 
of  membership  fee  or  upon  pro  forma 
recommendation  of  current  members  for  the  purpose 
of  maintaining  cover  to  develop  sources,  provided 
such  participation  is  limited  to  using  the 
services  or  facilities  available  to  the  general 
public.   APPROVAL  AUTHORITY:   Chief,  FRD. 
g.  To  obtain  training  or  education  relevant  to 
employment.   APPROVAL  AUTHORITY:   Chief,  CCS,  or 
his  designee. 
h. 
To  maintain  cover  of  CIA  personnel.   APPROVAL 
AUTHORITY:   Chief,  CCS  or  Chief,  FRD. 
i.   To  develop  associations  and  credentials,  as  for 
exarapla,  joining  an  organization  to  which  an 
employee  would  ordinarily  be  expected  to  belong 
if  his  cover  employment  were  his  true 
employment.  APPROVAL  AUTHORITY:   Chief,  CCS  or 
Chief,  FRD. 
j.   To  protect  the  degree  of  CIA  interest  in  a 
particular  foreign  intelligence  subject  matter, 
but  limited  to  participation  in  an  organization 
that  permits  such  participation  by  government 
employees  in  their  official  capacities.   APPROVAL 
AUTHORITY:   Chief,  CCS  or  Chief,  FRD. 
k.   To  utilize  individuals  on  a  witting  and  voluntary 
basis  who  are  employees  or  invitees  of  an 
organization  within  the  United  States  for  the 
purpose  of  collecting  important  foreign 
intelligence  at  fairs,  workshops,  symposia,  and 
similar  types  of  commercial  or  professional 
meetings  sponsored  by  such  an  organization  that 
are  open  to  those  individuals  in  their  overt 
roles  but  are  not  open  to  the  general  public. 
APPROVAL  AUTHORITY:   Chief,  DCD  or  Chief,  FRD.
n.   To  use  a  witting  and  voluntary  asset  who  already 
is  a  member  of  an  organization  to  spot  and  assess 
persons  of  foreign  nationality  as  sources  or 
contacts.   (Information  voluntarily  supplied  by 
these  assets  including  information  relating  to 
United  States  persons  may  be  received  without  any 
special  approval).  APPROVAL  AUTHORITY:  Organi- 
zation —  DCI  or  DDCI?  Individual  —  Chief,  PRD. 
o.   To  place  a  staff  employee  or  an  asset  in  an  organizatior 
to  spot  and  assess  persons  of  foreign  nationality  as 
sources  or  contacts.   (Information  voluntarily  supplied 
by  an  asset  including  information  relating  to  United 
States  persons  may  be  received  without  any  special 
approval).   APPROVAL  AUTHORITY:   Case-by-case  by  DCI  or 
DDCI. 
2.   Such  joining  or  participation  must  be  in  accordance  with 
Agency  policy  on  outside  activities  and  other  Agency  regu- 
lations or  guidelines  and  must  be  consistent  with  applicable 
requirements  for  coordination  in  these  procedures  outlined 
in  Part  VII.  above. 
B.   LIMITATIONS 
1.  Use  or  placement  of  a  staff  employee  or  an  asset  in  an 
organization  in  the  United  States  to  spot  or  assess  U.S. 
citizens  is  prohibited. 
2.  Undisclosed  participation  on  behalf  of  CIA  in  an  organi- 
zation in  the  United  States  for  the  purpose  of  influencing 
the  activities  of  the  organization  or  its  members  is 
prohibited  unless  it  is  approved  by  the  t)CI  or  DDCI  and  the 
organization  concerned  is  composed  primarily  of  individuals 
who  are  not  U.S.  persons  and  is  reasonably  believed  to  be 
acting  on  behalf  of  a  foreign  power. 
3.  Collection  within  the  United  States  of  significant  foreign 
intelligence  not  otherwise  obtainable  may  not  be  undertaken 
for  the  purpose  of  acquiring  information  concerning  the 
domestic  activities  of  United  States  persons.
C.   APPROVAL  PROCEDURES  FOR  PERMITTED  ACTIVITIES 
1.  Before  approving  an  undisclosed  participation  the  approving 
CIA  official  must  determine  that  such  participation  is 
essential  to  achieve  one  or  more  of  the  lawful  purposes 
specified  in  Part  VIII. A.  above.   All  determinations  made 
under  these  procedures  shall  specify  the  duration  of  the 
participation,  not  to  exceed  three  years,  unless  reapproved 
in  accordance  with  these  procedures. 
2.  All  requests  to  the  DCI,  DDCI  or  DDO  for  approval  of  an 
undisclosed  participation  shall  be  forwarded  through  the 
General  Counsel.   All  other  requests  will  be  subject  to,  but 
not  require,  the  review  of  the  General  Counsel. 
IX.   ADMINISTRATION  AND  EPPECTIVE  DATE 
A.  A  person  who  is  officially  acting  in  the  absence  of  an  employee 
may  exercise  the  powers  of  that  employee. 
B.  Authority  granted  to  an  employee,  other  than  the  General 
Counsel,  may  be  exercised  by  any  person  who  is  senior  in  the 
Agency's  channel  of  authority. 
C.  Nothing  in  these  procedures  is  intended  to  confer  any  substan- 
tive or  procedural  right  or  privilege  on  any  person  or 
organization. 
D.  These  procedures  shall  become  effective  seven  days  from  the  date 
they  are  approved  by  both  the  DCI  and  the  Attorney  General. 
APPROVED 
I  approve  the  foregoing  procedures  in  accordance  with  Executive 
Order  12333.   In  my  opinion,  intelligence  activities  conducted  pursuant 
to  and  in  accordance  with  these  procedures  are  lawful. 
August  9,  1982  /S/ 
Date  Attorney  General 
I  approve  and  establish  the  foregoing  procedures  in  accordance  with 
Executive  Order  12333. 
September  9,  1S82  /S/ 
Date  Director  of  Central  Intelligence
X>  \ieve.  nr-Njc>es»   '  A  ' 
APPENDICES  TO  GUIDANCE  FOR  CIA 
ACTIVITIES  WITHIN  THE  UNITED 
STATES  AND  OUTSIDE  THE  UNITED  STATES 
unclassif;:.:
APPENDIX  A 
DEFINITIONS 
For  the  purposes  of  these  procedures: 
Agencies  within  the  Intelligence  Community  are:  (a)  the  CIA;  (b)  the 
National  Security  Agency;  (c)  the  Defense  Intelligence  Agency;  (d)  the  offices 
wit!. in  the  Department  of  Defense  for  the  collection  of  specialized  national 
foreign  intelligence  through  reconnaissance  programs;  (e)  the  Bureau  of 
Intelligence  and  Research  of  the  Department  of  State;  and  (f )  the  intelligence 
elements  of  the  Army,  Navy,  Air  Force,  and  Marine  Corps,  the  FBI,  the  Department 
of  the  Treasury,  and  the  Department  of  Energy. 
Agent  of  a  foreign  power  means: 
a.  A  person  who,  for  or  on  behalf  of  a  foreign  power,  is  engaged  in 
clandestine  intelligence  activities  (including  clandestine  activities 
intended  to  affect  the  political  or  governmental  process),  sabotage,  or 
international  terrorist  activities,  or  who  conspires  with  or  knowingly  aids 
or  abets  such  a  person  in  engaging  in  such  activities; 
b.  A  person  who  is  an  officer  or  employee  of  a  foreign  power,  including 
any  individual  whether  in  the  United  States  or  abroad  who  acts  oc  is 
authorized  to  act  in  an  official  capacity  on  behalf  of  a  foreign  power,  has 
been  granted  diplomatic  status  by  a  foreign  power,  is  attached  to  a  foreign 
diplomatic  establishment  or  an  establishment  under  the  control  of  a  foreign 
power,  or  is  employed  by  a  public  international  organization  or  organization 
established  under  an  agreement  to  which  the  United  States  is  a  party; 
c.  A  corporation  or  other  entity  that  is  owned  or  controlled  directly  or 
indirectly  by  a  foreign  power; 
d.  A  person  acting  in  collaboration  with  an  intelligence  or  security 
service  of  a  foreign  power  who  has,  or  has  had,  access  to  information  or 
material  classified  by  the  United  States; 
e.  A  person  unlawfully  acting  for  or  pursuant  to  the  direction  of  a 
foreign  power,  provided  that  the  fact  that  a  person's  activities  may  benefit 
or  further  the  aims  of  a  foreign  power,  standing  alone,  is  not  sufficient  to 
support  a  finding  that  a  person  is  acting  for  or  pursuant  to  the  direction 
of  a  foreign  power;  or 
f .  A  person  who,  or  organization  which,  acquires  access  to  classified 
information  under  facts  and  circumstances  indicating  that  such  person  or 
organization  is  in  contact  with  a  foreign  power  or  powers  for  purposes  of 
transmitting  such  information  or  material  in  an  unauthorized  manner. 
Central  Intelligence  Agency  and  CIA  include  the  staff  elements  of  the  Office 
of  the  Director  of  Central  Intelligence.
Consent  means  that  (a)  the  subject  or  a  participant  in  the  activity  has 
granted  permission,  in  writing  if  possible  or  orally,  within  a  specific  time 
frame  and  context;  or  (b)  in  the  case  of  employees  or  visitors  to  government 
facilities,  there  is  a  visible  posted  notice  on  government  property  which 
clearly  states  that  the  place  or  object  where  the  notice  is  posted  is  subject  to 
a  particular  form  of  search  or  surveillance;  or  (c)  in  the  case  of  employees, 
the  activity  is  undertaken  in  accordance  with  published  rules  or  regulations;  or 
(d)  the  subject  of  a  lawful  security  investigation  has  authorized  a  CIA  employee 
to  undertake  that  investigation  regardless  of  the  subject's  knowledge  of  the 
employee's  affiliation.  Consent  to  use  special  collection  techniques  must  be 
specific. 
Coordination  means  the  process  of  eliciting  comments  prior  to  undertaking  a 
proposed  action.  As  used  here,  the  term  means  that  no  such  action  will  be  taken 
so  long  as  the  party  with  whom  the  action  in  question  is  raised  continues  to 
have  objections  which  cannot  be  resolved. 
Counterintelligence  means  information  gathered  and  activities  conducted  to 
protect  against  espionage,  other  intelligence  activities,  sabotage,  or 
assassinations  conducted  for  or  on  behalf  of  foreign  powers,  organizations  or 
persons,  or  international  terrorist  activities,  but  not  including  personnel, 
physical,  document,  or  communications  security  programs. 
General  Counsel  includes  the  Deputy  General  Counsel  or  Acting  General 
Counsel. 
Biployee  means  a  person  employed  by,  assigned  to,  or  acting  for  an  agency 
within  the  Intelligence  Community.  The  term  includes  contractors  and  assets. 
ii
Foreign  power  means  (a)  a  foreign  government  or  any  component  thereof, 
whether  or  not  recognized  by  tne  United  States;  (b)  a  faction  of  a  foreign 
nation  or  nations,  not  substantially  composed  of  United  States  persons;  (c)  an 
entity  that  is  openly  acknowledged  by  a  foreign  government  or  governments  to  be 
directed  and  controlled  by  such  foreign  government  or  governments;  (d)  a 
foreign-based  group  engaged  in  international  terrorist  activities  or 
international  narcotics  activities  and  any  other  group  engaged  abroad  in  any 
such  activities;  or  (e)  a  foreign-based  political  organization  not  substantially 
composed  of  United  States  persons. 
Foreign  intelligence  means  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. 
International  terrorist  activities  means  any  activity  or  activities  which: 
a.  Involve  killing,  causing  serious  bodily  harm,  kidnapping,  violent 
destruction  of  property,  or  an  attempt  or  credible  threat  to  commit  such 
acts; 
b.  Appear  intended  to  endanger  a  protectee  of  the  Secret  Service,  the 
Department  of  State,  or  other  federal  department  or  agency ,  or  to  further 
political,  social,  or  economic  goals  by  intimidating  or  coercing  a  civilian 
population  or  any  segment  thereof,  influencing  the  policy  of  a  government  or 
international  organization  by  intimidation  or  coercion,  or  obtaining 
widespread  publicity  for  a  group  or  its  cause;  and 
c.  Occur  totally  outside  the  United  States  or  transcend  national 
boundaries  in  terms  of  the  means  by  which  they  are  accomplished,  the 
civilian  population,  government,  or  international  organization  they  appear 
intended  to  coerce  or  intimidate,  or  the  locale  in  which  their  perpetrators 
operate  or  seek  asylum. 
Least  intrusive  technique  feasible  means  that  a  certain  collection  technique 
may  be  used  only  if  less  intrusive  techniques  cannot  acquire  intelligence  of  the 
nature,  reliability,  and  timeliness  required.  As  a  rule,  basic  collection  and 
standard  collection  techniques  are  less  intrusive  than  special  collection 
techniques. 
Ill
Public  coammications  means  communications  transmitted  within  frequency 
bands  devoted  to  AM/FM  radio,  television,  and  other  broadcasts  and  corrmunica- 
tions  intended  for  subsequent  broadcast  or  public  dissemination;  amateur  and  CB 
communications;  police,  fire,  ambulance,  navigational  aid  and  distress,  and 
other  public  service  transmissions;  and  aircraft  and  maritime  communications  not 
connected  with  land-based  telephone  lines. 
Publicly  available  means  information  that  any  member  of  the  public  could 
lawfully  obtain  by  request  or  observation  (not  amounting  to  physical  surveil- 
lance), and  information,  including  public  communications,  that  is  lawfully 
accessible  to  any  member  of  the  public. 
Retention  means  that  information  is  organized  in  such  a  manner  that  it  may 
be  retrieved  by  reference  to  the  name  or  identity  of  the  person  who  is  the 
subject  of  the  information. 
Special  activities  means  activities  conducted  in  support  of  national  foreign 
policy  objectives  abroad  which  are  planned  and  executed  so  that  the  role  of  the 
United  States  Government  is  not  apparent  or  acknowledged  publicly,  and  functions 
in  support  of  such  activities,  but  which  are  not  intended  to  influence  United 
States  political  processes,  public  opinion,  policies,  or  media  and  do  not 
include  diplomatic  activities  or  the  collection  and  production  of  intelligence 
or  related  support  functions. 
Unconsented  physical  search  means  a  search  or  seizure  of  a  person,  or  his 
property  or  possessions,  for  purposes  other  than  emplacing  an  electronic 
surveillance  or  electronic  or  mechanical  monitoring  device,  without  the  consent 
of  the  person,  or,  in  the  case  of  property  or  possessions,  of  another  individual 
who  has  authority  to  consent  to  such  a  search.  This  term  includes  the  opening 
of  any  mail  sent  by  or  intended  to  be  received  by  a  United  States  person. 
United  States  person  means 
a.   A  United  States  citizen; 
IV
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b.  An  alien  known  by  CIA  to  be  a  permanent  resident  alien  (An  alien 
who  procures  a  visa  or  other  documentation  by  fraud  or  willful  misrepresen- 
tation of  a  material  fact  is  not  a  permanent  resident  alien  for  purposes  of 
these  procedures.); 
c.  An  unincorporated  association  substantially  composed  of  United 
States  citizens  or  permanent  resident  aliens;  or 
d.  A  corporation  incorporated  in  the  United  States,  except  for  a 
corporation  directed  and  controlled  by  a  foreign  government  or  govern- 
ments. A  corporation  or  corporate  subsidiary  incorporated  abroad,  even  if 
partially  or  wholly  owned  by  a  corporation  incorporated  in  the  United 
States,  is  not  a  United  States  person. 
A  person  or  organization  outside  the  United  States  shall  be  presumed  not  to  be  a 
United  States  person  unless  specific  information  to  the  contrary  is  obtained. 
An  alien  in  the  United  States  may  be  presumed  not  to  be  a  United  States  person 
unless  specific  indications  to  the  contrary  are  obtained. 
In  United  States  postal  channels  means: 
a.  Mail  while  in  transit  within,  among,  and  between  the  United  States 
(including  mail  of  foreign  origin  which  is  passed  by  a  foreign  postal  admin- 
istration to  the  United  States  Postal  Service  for  forwarding  to  a  foreign 
postal  administration  under  a  postal  treaty  or  convention  and  mail  tempo- 
rarily in  the  hands  of  the  United  States  Customs  Service  or  the  Department 
of  Agriculture),  its  territories  and  possessions,  Army-Air  Force  (APO)  and 
Navy  (FPO)  post  offices,  and  mail  for  delivery  to  the  United  Nations,  N.Y.; 
and 
b.  International  mail  en  route  to  an  addressee  in  the  United  States 
or  its  possessions  after  passage  to  United  States  Postal  Service  from  a 
foreign  postal  administration  or  en  route  to  an  addressee  abroad  before 
passage  to  a  foreign  postal  administation. 
As  a  rule,  mail  shall  be  considered  in  such  postal  channels  until  the  moment  it 
is  manually  delivered  in  the  United  States  bo  the  specific  addressee  named  on 
the  envelope  or  his  authorized  agent. 
Visibly  present  means  that  a  person  at  a  location  at  which  a  special  col- 
lection technique  is  directed  is  a  person  who  is  (a)  a  party  to  a  conversation 
at  that  location;  (b)  a  person,  other  than  a  party,  who  participates  in  a 
conversation  at  that  location;  or  (c)  a  person  in  such  close  proximity  to  a 
conversation  at  that  location  so  as  to  be  reasonably  assumed  by  the  participants 
to  be  able  to  overhear  the  conversation  at  that  location.