Originator: FBI
From: DIRECTOR, FBI
To: AG
Document date: 4/9/75
Document type: PAPER-TEXTUAL DOCUMENT

## Page 1

File #:

62-116395

Serial Scope:

75 - EBF

Released under the John F. Kennedy

Assassination Records Collection

Act of 1992 (44 USC 2107 Note) .

Case#:NW 55168 Date: 04-12-2018

!

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62-116305-75

Lavoive 1/9157

The Attorney

UNITED STATUS SENATE SEeN EaTE

General.

TEE ON INTELLIGENCE ACRAVINIES

'rigario i

Ret

inade to let' iron Senate Selest Conniree, dea

3/19/15,20Q docunents & othes inio 120m F32•

Attached for ur approva.

& Lorwarding to Commit,

is original

o? memo

which responds to Commit

fee's

zod.fox table ot

contents of tal not s 13.

Chose portions of Manuals which pertain

intornal security, intellignce collectn and/or CE

maters,ops or acsivition.A copy of memo enci for

us records Procesbing of

additional reg continui

& further responsee will be Loncheoming.

#MORIS

AbI, INFORMATION dONTAINED

•CEREIN IS UNCLASSIFIN

DATE 12/21/00BXSLAMAIC

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273-10071

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TAL

OF RULES AND REGULATIONS

TABLE OF CONTENTS

PART I

SECTION 1. CONDUCT AND ACTIVITIES OF IMPLOYEES

IA.

B.

Misconduct.

Confidential Nature of FBI Operations

SECTION 2. DELETED

SECTION 3. EMPLOYEE INDOCTRINATION PROCEDURES

A.

B.

C.

D.

F.

Fici

Noninvestigative Personnel at FBIHQ.

Noninvestigative Field Office Employees

Investigative Employees.

Oath of Office...

Forms Executed by New Employees.

Information Pamphlets Furnished

to

New

Special Indoctrination

Services.

Employees

SECTION 4. LEAVE - PREMIUM COMPENSATION

A.

B.

Leave...

Premium Compensation for Irregular, Unscheduled

Overtime...

C. Wage Board Employees...

SECTION 5. PERFORMANCE RATINGS

A. Official and Administrative Ratings.

B.

Adjective Ratings..

C.

Preparation of Rating..

D.

Deleted

Dictation Ability of Agents..

Initialing Performance Ratings.

Go

Review and Appeal of Performance Ratings.

SECTION 6. PROMOTIONS

A.

B.

c.

D.

E.

Clerical Placement and Promotion Policy.

Special Agent Promotions.

Special Employee Program.

Radio Personnel Promotion

coordination of Promotions

Incentive

Awards

Within-Grade Increases.

Special Clerk Program..

Page

2

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26

13

13

13

11

AFMORIG

ALT INFORMATION CONTAINED

HEREIN IS UNCLASSIFIK

DATE 17/2700 BYSPIMMLE

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MANUAL OF RULES AND REGULATLONS

TABLE OF CONTENTS

PART I

SECTION 7.

SELECTION OF SUPERVISORS

A.

B.

Special Agent Field Supervisors.

Clerical

Supervisory Program.

SECTION 8. TESTS

A.

Clerical Testing.•

B.

Deleted

C. Foreign Language Tests

D.

Grading

of

Tests..

E:

Deleted

Deleted

G. Instructions for Affording Stenographic and lyping.

L'ests..........•

H. Rules Io

Followed in Grading Bureau

graphic rests...........

. . . . .

I. Rules

To Be Followed in Grading Bureau Iyping lests.

J. Rules To

Be Followed

in Grading Bureau Teletype-

SECTION 9. DISCIPLINARY MATTERS

A.

Introduction..

B. Notification

Bureau upon

Receipt

of

Allegations

of Misconduct or Improper Performance of Duty.

C. Investigation...

D.

Involved..

Reporting.....•

. ...

F'. Allegations Made By Individuals Outside the Bureau..

Go

Suspension Without

Pay.........

#.

Handling of Resignation Tendered During Personnei

SECTION 10. APPEALS AND GRIEVANCES

SECTION 11.

A. Introduction..

B.

Performance Ratings:::

C.

Position Classifications

D.

Veterans' Appeal Rights.

Salary Retention Act..

F.

Within-Grade Increases......

G.

Equal Employment Opportunity.

EX-SERVICEMEN'S RIGHTS AND SELECTIVE SERVICE AND

MILITARY RESERVE MATTERS

A.

Introduction..

B.

Veterans' Counselor

c.

Appointment....

D.

F.

F.

G.

Separation,

Furlough,

and. Reinstatement

Adverse Personnel Actions...

Exceptions to Eligibility for veteransi

Preference Rights..

н.

Advancement..

I.

Military Leave...

J.

Other Rights..•

K.: Selective Service

and Military Reserve. Matters::

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[

AL

RULES AND REGULATIONS

TABLE OF CONTENTS

"PARTI

SECTION 12.

TRANSFERS - RESIGNATIONS

A.

B.

C.

Transfers..

Resignations

Exit Interviewsi(FBIHOland Field:

SECTION 13.

AUTOMOBILE OPERATOR AND ACCIDENT MATTERS

1.

B.

C.

D.

Motor. Vehicle Operator Regulations.

Traffic Violations..

Accidents......

of Personally Owned Automobiles for Officiai

Business After Regular Duty Tours.

SECTION 14.

SERVICES AVAILABLE TO EMPLOYEES

A.

B.

HousingI (FBIHQ)]..

Housing (Field).......

Bureau-Approved Recreational Associations (Field).

D.

Training Opportunities for Clerical Employees

L (FBIHQ) ]".

E.

F.

Literature.

...

Recognition and

Awards.

ampLoyee compensation laters (Feid de Baulujoos!

Compensation Act).......

H.

I.

J.

K.

FBI Health Service...

Federal Employees Health Benefits

Program.

Deleted

Deleted

Volunteer Blood Donors....

M.

N.

0.

P.

Q.

Federal Employees' Group Life

Insurance.

Unemployment Compensation for Federal Employees

Federal Safety Council.......

.. . ... ...

Charity Campaigns............

.......

Payroll Matter - Voluntary Allotments to Financial

Organizations......•

SECTION 15. CIVIL SERVICE RETIREMENT - SOCIAL SECURITY

A.

B. Application

Appracatton for Retirement

C.

Types of Retirement...

D.

Annuities...

E.

Survivor Annuities....

F' .

Benefits upon

_Separation

G.

Deductions;

Purchase of

Service

(Deposit

Redeposit ........

H.

I.

J.

Reemployment of Annuitants by Government

Designation of Beneficiary.•

Social Security..

or

stridio

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11

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16

17

17

17

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9

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[

TABLE OF CONTENTS

PART I

SECIION 16. MISCELLANEOUS PERSONNEL MATTERS

A. Personnel Status Form - FD-285.

B.

C.

D.

E.

F .

G.

E.

I ..

J.

Changes in Status.

Vocation Records

- FD-287 and FD-287a

Personnel Files (Field)

Physical Program..

Availability of Doctors and

Nurses

Outside Employment.

Odd-Hour Shifts.

Work Permits (FBiHÖ)

Tours of Duty of Women and

K. List of Assigned and Unassigned Stenographers

(FBIHQ) .......

Is.

M.

N.

0:

Computation of Clerk-Agent Ratio.

Stenographic Delinguency......•

Firearms Training of Noninvestigative Employees.

Service Records, Credit Inquiries,

and

Inquiries Directed to Employees.

P. Rest Periods - Vending Machines.

Q.

R.

Designation of Beneficiary.

Lost Government Checks.

SECTION 17.

EMPLOYEE CLAIMS FOR LOSS OF OR DAMAGE TO

PERSONAL PROPERTY

A. Scope..

B. Claimants.

C. Conditions..

Principal Types of Claims Allowable

E.

F.

Principal Types of Claims Not Allowable

Types and Quantity of Property.......

computation of Award and Finaiity of settiement.

Claims PrOCedUre.0000.....

Io

J.

Evidence in Support of Claim

Settlement......

[SECTION 18. CIVIL SUITS INVOLVING FBI PERSONNEL

A. Initial Handling •

Secondary Handling.•

C.

Continuing Responsibility........

4

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OF RULES AND REGULATIONS

TABLE ÖF CONTENTS

"PART'

II:

SECTION 1. AUTHORITY - TRAINING - SUBMISSION OF INFORMATION

Ao

Bo

D.

Authority•

Training Programs...

Submission of Information

Copyright.

SECTION 20

SUPERVISION - AVAILABILITY - RESIDENT AGENCIES

A..Supervision.jr..i..cocn

Availability of Employees.

C.

Resident Agencies and Resident Agents

SECTION 3. ADMINISTRATION OF OFFICES

A. Appearance and Maintenance of Offices.

B.

Maintenance of Systems.

C. Index Systems......

D.

Administration of Files.

Administration of Cases..

F.

National Crime Information Center (NCIC)

Administration of Cases..

SECTION 4. COMMUNICATIONS

A.

Definitions of Communications

Bo

General Reporting Rules..

C.

Reporting Information That May Become Testimony

D.

Cover Page(s) and Investigative Reports.

E.

Letters.................

F.

Letterhead

and Blind Memoranda.

Go

Teletypes and Airtels.

Ho

Telegrams.•

I.

CW Radio Network....

J.

Routing Slip, FD-4..•.

K.

Deleted

M.

No

0.

SAC Memorandums (formerly SAC Letters)

Regulations Applicable to All Written Communications.

Codes............

Reproduction of Material

Correcting Errors in Communications..

Q.

FM Two-Way Radio..

S.

T.

U.

V.

Telephone...

Approval of Communications Facilities.

Mailing List of Field Divisions:......

National Crime Information Center (NCIC) Terminal..

Facsimile Communications.

SECTION 5.

DISSEMINATION OF INFORMATION

HH

A.

B.

Responsibility.......•

Basis for Dissemination....

Information To Be Disseminated....•

D. Dissemination of Information in Answer to a

Specific Request...•

Bo

Requests for Information

F.

Major Cases - Dissemination of Information..

IGo Threat to Life - Dissemination of Information.

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AL-OF, RULES AND. REGULATIONS

Crowded rattlers

TABLE OF CONTENTS

•: PART-II"..

SECTION 6 PUBLICATIONS, PRESS, AND PUBLIC CONTACTS

Ao

В.

C.

D.

E.

F.

Go

H.

1.

J.

Ko

Lo

M.

Press Policy

FBI Law Enforcement Bulletin

Speeches••

Interesting Case Write-Ups.•

Circular Letters,

Trade and

• Business Publications.

Radioland Television]Broadcasts...

Field Office Lists...

Information To Be Furnished

the Bureau.

Visits to Field Offices..

Miscellaneous.....•

Sources of Information.

SAC Contacts....•..••

News Media Contacts....

Bureau-Wide Information Program Regarding

Matters of National Interest.

SECTION 7.

PAYMENTS - PROPERTY

Ao

B.

C.

Do

F.

Go

H.

I.

Travel Expense - Transportation Allowances

Transportation of Household Effects.

Government Shipments..

Contracts.

Supplies, Materials, and Equipment.

Automobiles................

Payment for

Services and Goods.

Imprest Funds....•

Inventories...........

Authority to Approve Limited Expenditures for

Investigative Operations.

SECTION 8. MISCELLANEOUS REGULATIONS

..

A. Concerning Clerical Functions•

B.

Concerning Investigations

and Interviews.

Court Appearance and Testimony of Agents

Freedom of Information Act

E.

Photographs..

Retention of Property..

Go

Forms................

Obscene Matter.......

I.

Signed Statements, Unsigned Written Statements,

and Evidence..

J.

K.

Lo

M.

N.

0.

P.

Q.

Inventions...........

Review of Briefs Filed With Circuit Court of Appeals.

Research Monographs...•

Recording Outside Contacts

Cinal Letter.....

Artist's Conceptions....

Legal Instruction - State Legislation - Legal Problems.

Threats Against Informants or Witnesses - Protection

and Maintenance of Informants and Witnesses..

National Bomb Data Center (NBDC).

Is.

Fair Credit Reporting Act (FCRA).

SECTION 9. CLASSIFICATION - CHARACTER - COPIES - ABBREVIATIONS...•

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29

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MANUAL OF INSTRUCTIONS

VOLUME I

TABLE OF CONTENTS

PREFACE. GUIDELINES FOR FBI INVESTIGATIONS

A. Guidelines for FBI Investigations.

Ba

c.

D.

F.

F.

Internal

Security Investigations

Criminal Intelligence - Organized

Crime

Applicant-type Matters.......

General Criminal and Civil Matters.

General Principles.....

SECTION 1. PRELIMINARY FEDERAL CRIMINAL PROCEDURE

A.

B.

C.

D.

E.

F.

Go

H..

I.

J.

M.

N.

0.

Federal Crimes.0.....00.

United States Magistrates.•

Complaints (Rule 3)...•

Warrant of Arrest or Summons (Rule 4).

Proceedings Before the Magistrate.

Jeopardy.....•

Grand Juries (Rule 6)..

Indictments.

Informations..

Arrest in District Other than District of

Prosecution..

Evidence (Rule 26).•

Extradition of Fugitives

Irom Foreign Countries

Juvenile Delinquency Act

Deferred Prosècution System..

Federal Youth Corrections Act

Statute of Limitations.

SECTION 2. ARRESTS, INTERVIEWS AND CONFESSIONS, SEARCHES AND SEIZURES

A. Arrests.........

B. Interviews with Witnesses,

Suspects,

Confessions and Signed

Statements

C.

D.

Searches and Seizures.

Habeas Corpus Proceedings; Refuting

Allegations..

and Subjects;

False

SECTION 3. FIREARMS EQUIPMENT AND TRAINING

B.

C.

D

E

F.

N.

•

Q.

General...........

Care of

Firearms.

Use of Firearms...

Safety Levers..

Tear Gas Equipment..

Pistols and Revolvers.

Shotguns......=.

Remington Model 760,

.308

Caliber, Pump-Action Rifles

Deleted

Gas Riot

Gun.......

Firearms Training..

Training Dates...

Conduet on the Firing Range

Safety Rules.....

Fraining Delinguencies..

"Tirearms Courses.....•

Disabling Pistols

or Revolvers.

PERORIS

ILL INFORMATION CONTAINED

HEREIN IS UNCLASSIFTED

DATE LE/77/00BY SPr-ALME

1

5-13-74

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MANUAL OF INSTRUCIIONS

**

VOLUME I

TABLE OF CONTENTS

SECTION 4. SURVEILLANCES AND RAIDS

B.

C.

D.

E.

F.

G.

H

I.

K

Is.

M.

N.

0-

P.

R.

S.

Surveillances in General...

Iraining.....

Reasons

jor Conducting Surveillances

Types. of. Surveillances...........

Surveillance Equipment..

of Agents on Surveillances..

Knowledge of the Subject Under Surveillance..

Activities of Agents on Surveillances. ........

Ronting of Premises for Use in Fixed Surveillances

Surveillance Supertision..

Surveillance Logs...

Planning Surveillances in Advance.

Raids in

Ganeral.....

Planning Raids

. . .

Approach to the Place To Be Raided

Entering the Place To Be Raided

Duties of Covering Agents.

Action To Be Taken

the Raid

Blocking of Roads...

SECTION 5.

DESCRIPTIONS OF PERSONS

A.

General...•

. •

B.

Usual or Minimum Description Included in Police and

IBI Keports.............. ... ......

C. Specifio Discussions of Items in Physical

Descriptions........,.(

. 64

SECIION 6. BUREAU APPLICANT INVESTIGATIONS AND RELATED MATTERS

Recruiting Aids...

B.

C.

D.

Employment of Relatives; Restrictions..

General Qualifications for All Clerical Positions

Specific Qualifications for Clerical Positions.•

F.

G.

•H.

Qualifications for Special Agent Position..

Bureau Employees Aspiring to Agent Position.....

General Instructions for Processing Special Agent

and Clerical Applicants.....

» »

I. Determination of Draft or

Military Status

of Spocial

Agent and Male Clerical Applicants.

J. Physical Examinatione...

The Investigation.......

Maintenance of Indices

on Bureau Applicants.

M.

Classification....

N.

character.

0.

FBI National Academy Applicants.

SECTION 7. IDENTIFICATION DIVISION DATA

B.

C.

D.

Dissemination

of Identification

Taking of Inked Impressions

Types of Fingerprint Cards.

Types of Files in the Identification

Division.

F. Operation of the Identification

Page

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8

10

11

14

21

22

22

23

food fond

1a

26

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MANUAL OF INSTRUCTIONS

VOLUME I

TABLE OF CONTENTS

[

[

SECTION 7. IDENTIFICATION DIVISION DATA (continued)

G. Obtaining Records from the Identification Division

Ho

I.

Records Furnished by Identification Division.

Forms Used for Obtaining and Submitting

Identification Information...

J.

Missing Person|Program.

Ko

[return Prints......

L.

Answering of Prints by the Identification Division

Mo

The Use of the Fingerprint Classification Formula

Surveys of Fingerprint Bureaus...:...

0.

Bureau Pamphlets Concerning Identification Division

Work and Functions..........

P. International Exchange of Fingerprints......

Q. Pending Legislation Regarding Fingerprinting.

The Latent Fingerprint Section.

Latent Print Examinations..

T.

U.

V.

W.

X.

Y.

Submission of Evidence.

Requests for Copies of

Liaison With U. S. and Prosecuting Attorneys.

Court Decisions...

Return of Fingerprints.

Services of Disaster Squad.

Summary of the Services of

the Identification

Division.

AA. NCIC Fingerprint Classification.••

SECTION 8. SCIENTIFIC AIDS IN CRIMINAL INVESTIGATIONS

A.

Introduction to FBI Laboratory•

Facilities of FBI Laboratory.••

• Cryptanalysis, Gambling, Jano

Translation

Do

Document Examination...

E.

Blood and Other Body Fluids.

F.

Explosives..........

...

Go

Firearms Identification.

Glass Fractures....

I.

HairS, Fibers, and

J.

Metallurgical Examinations.

Ko Paints,

Dyes,

and Stains.

L: Pharmaceuticals........

M. Soils and Other Mineral Substances.

No.

Toolmarks..•

0.

Toxicological Examinations

P. Field Aids.....

Radio Engineering Section...

[R. Data Processing Section, Computer Systems Division

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MANUAL OF INSTRUCTIONS

VOLUME I

TABLE OF CONTENTS

SECTION 9. RECORDS

A. Federal.

B. State...

C. Industry...

D.

Territorial..

E. Production of Records

by the Armed Services for

Court Use.....

...

[F. Dissemination of Information from Military

Service Records to Foreign Agencies..

SECTION 10. UNIFORM CRIME REPORTING

A. Background...

B. Publication of Crime Data....

.......

C. Other Booklets Helpful to Law Enforcement...

D.

"Why Compile Crime Statistics?" - Suggested

Responses...

E. Contacts with Delinquent Contributors...

F.

Contacts with

Noncontributors..........•

Go

Uniform Crime Reporting Supplies Available for

Distribution..

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1B.

C.

SECTION

87.

INVESTIGATIONS OF SUBVERSIVE

PROANIZAPICHS

AND.

INDIVIDUAL

TABLE OF CONTENTS

Genetal Guidelines

1.

Investigative

a.

Rebellion or insurrection.

bo

Seditious conspiracy...•

C c

Advocating the overthrow of the Government

d.

Internal. Security Act of 1950 and Communist Control Act

of 1954...

20

3.

4.

5.

Prosecutive determination..o

Related statutes.

Definitions...

Predication for investigation.

Accuracy of characterizations..

Investigations and contacts with individuals connected with

institutions of learning......

Use of officers from other

agencies.

Investigation of Organizations..

Responsibility to initiate investigations

Scope of investigation.........

Infiltration of nonsubversive groups.

b.

C.

Caption and preface.•

Limitations on investigation..

Conversion to full scale investigation

5.

6.

7.

Subversive publications..c.......

Tnvestioative stens..

Administrative and reporting procedures.

Reporting requirements and status.

Informant coverage..

Topical headings.

Character.•

Classification........

f.

Copies........

g.

Closing of case....

Investigation of Individuals.

1.

General policy......

PurDose..

Individuals to be investigated.

c. Limitations on investigations....

Investigations requiring FBIHQ approval.

Members of l. S. armed torces.........

2.

Investigative procedures.......

Scope of investigation.

Investigative steps...

Interviews of

subjects

Policy...

Purpose........-.

Approval to

interview...

Letter requesting FBIHQ approval to interview

subject......

If interview not conducted within 60 days, submit

letter advising FBIHQ............

Page

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10

10

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12

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FOREIN IS UNCLASSIFL

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SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND

INDIVIDUAI

TABLE OF CONTENTS

i.?.

D.

(6. Conduct of interviews.

d0.0 000 d

Direction of subject's

activities.

3.

(8) Reporting results of interview.

Reporting procedures.....

General.

bo

Summarizing information..

C.

Administrative or cover pages.

d.

Office of origin........

eo

Title of communications...

f.

Classification.......

Character.

h.

Copies of

reports or LHMS.

i

Status...................

Closing

and reopening of cases.

ko

Subjects traveling abroad..

. •

1.

Submission of information on members of subversive

groups..

• . .

...

...

. . ...

mo Control

files on former members

of subversive

organizations...................

n. Channeling information to case files.

O .

Movement of subjects between offices

Dissemination of Data Developed.

Lo General policy..

2. Specific requirements......

2.

Members of armed forces......

b. Aliens and naturalized citizens.

c. Individuals employed in or having access to

Facilities of employees of private contractors of the

Armed Forces..

Employees of public utilities.........

e.

Members of military reserve branches or National Guard

f.

Seamen and subjects employed in maritime industry.

g.

h.

Individuals who own property or reside in immediate

jurisdiction of branch of armed forces....

1. Airmen licensed by Federal Aviation Administration.

j. Dissemination

to Secret Service.

3.

Restrictions on field dissemination.

E. Administrative Index (ADEX)....

1. Purpose and general policy..

2. Criteria.......

3.

4.

Recommendation for preparation of ADEX card.

Format of ADEX

card......

5.

Arrangement of ADEX.

a. At FBIHO...

Do

In field office.....

• (1) Alphabetical section..

(2)

Geographical section...

(3) Unavailable section....

6.

Special interest subjects..

7.

Changes

in residence and employment of ADEX subjects..

8. Changes in other background data......

9.

10.

Movement of ADEX subjects between "offices.

Subject entering U. S. armed forces.

11.

Removal of cards from ADEX..

12.

Reporting Procedures on ADEX subjects.

13. [Deleted]..

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SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUAY

87A

Ao

GENERAL GUIDELINES

Io. Investigative jurisdiction

FBI investigations under this.

section are based on specific statutory:

JurIsdiction and Departmental instructions:

Investigations conducted under this section are to be directed to the

gathering of material pertinent to a determination whether or not the

subject has violated, or is engaged in activities which may result in

the statutes enumerated below; or in

Departmental instructions.

There are three principal statutes which provide a basis for these

investigations, as follows:

Rebellion

or insurrection (T18, USC § 2383).

"Whoever incites, sets on foot,

on insurrection against the authorite the come states de me

engages in any rebellion

laws thereof, or gives aid or comfort thereto, shall be fined not

more than $10,000 or imprisoned not more than

ten years, or both;

and shall be incapable of holding

any office under the United States."

Seditious conspiracy (T18, USC § 2384).

"If two or more persons in

any State or Territory, or in any place

subject to the jurisdiction of the United States, conspire to over-

throw, put down, of to destroy by force the Government of the

United

States, or to levy war against them, or to oppose by force

the authority thereof, of by force to prevent, hinder, or delay the

execution of any law of the United States, or by force to seize, take,

or possess any property of the United States contrary to the authority

thereof, they shall each be fined not more than $20,000 or imprisoned

not more than twenty years

or both."r

Co

Advocating the overthrow of the Government (118, USC § 2385).

"Whoever knowingly or willfully advocates, abets, advises, or teaches

the duty, necessity, desirability, or propriety of overthrowing of

destroying the government of the United States or the government of

any state, Territory, District or Possession thereor

zovernment of any political subdivision therein, by force or

violence, or by the assassination of any officer of any such

government; or

"Whoever, with intent to cause the overthrow or destruction of any

such government, prints, publishes, edits, issues, circulates, seils,

distributes, or

publicly displays any written or printed matter

States by force or violence, or attempts to do so; or

"Whoever organizes or helps of attempts to organize any society,

overthrow of destruction of any such

or assembly of

or becomes or is a member of

group, or assembly

of persons, knowing the purposes thereof--

"Shall be fined not more than $20,000 or imprisoned not more than

twenty years, or both, and shall be ineligible for employment by

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83À

SECTION

INVESTIGATIONS OF SUBVERSIVE

•ORGANIZATIONS AND INDIVIDUAL

20

3

4.

the United-States of any department: of agency thereof, for the

live years next. following his conviction.

"If two or more persons conspire to commit' any offense named in this

section, each shall be fined not more than $20,000 or imprisoned

or both, and shall be ineligible for

employment by the United States of any department of agency thereof,

for the five years next following his conviction.

"As used in this section, the terms 'organizes" and 'organize', with

respect to any society, group, or assembly of persons, include

the

recruiting of new members, the forming of new units, and the regroup-

ing or expansion of existing clubs

classes,

and other units of

such society, group, or assembly of persons."

The courts have interpreted this statute to require advocacy to

actIon, 1.e.,

advocacy to do something, now or in the future, rather

than merely to believe in something.

• In addition to the three principal statutes outlined above, there

.are two other statutes which might provide a statutory foundation for

an investigation under this section.

d. [Internal

Security Act of 1950 (I 50, USC, § 783a)

In addition to the three

principal statutes outlined in sub-

paragraphs a., bo, and co,

the Internal Security Act could

provide a statutory basis

for investigation of certain cases

under this section.

This Act makes it unlawiul to knowingly

contribute to the establishment of a totalitarian dictatorship

within the United States which is controlled by a foreig

overnment, organization, or individual..

Prosecutive determination

All discussions pertaining to the prosecutive potential of investigations

initiated under this section will be conducted by

FBIHQ with Departmental

officials.

These cases should not be discussed with local U. S. Attorney's

office without FBIHQ approval.

Related statutes

There are

a number of other statutes under the FBI's investigative

jurisdiction which should be borne in mind in handling these

investigations.

Information concerning possible violations of such statutes is frequently

developed during these

investigations.

Where this occurs the tield should

consider the desirability of conducting investigation in line with the

policies and procedures governing the statute in question.

A list of other Federal statutes which may arise during these investigations

is outlined in an appendix

to this manual.

Definitions

The term "subversive activities" as used in this section denotes

activities which are aimed at overthrowing:

destroying or undermining the

Government of the United States or any of its political subdivisions bu

the illegal means prohibited by statutes enumerated in A. 1o above. The

term "'subversive organization" or "subversive movement" denotes a group

or movement which is known to engage in or advocate subversive activities,

as defined above.

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SECTION 87• INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUM

87A

5. Predication for investigation

In all cases handled under the provisions of this section, the first

communication prepared for outside dissemination (report or LHM)

show specifically the statute upon which the investigation is based

together with necessary supporting

facts. Where investigation has been

specifically requested by Departnent, this should be indicated.

following examples are illustrative; however, the basis for each

individual case must be tailored to

the circumstances of

such case.

"This investigation is based on information that the subject's

activities could involve violation of I 18, USC, § 2383 (Rebellion

or Insurrection), and $ 2384 (Seditious Conspiracy)•

A source whose

reliability has not been determined has informed that the subject

is planning, along with others, to

travel to Washington, D. C.

01 April 30,

1971, to participate in planned violent demonstrations

luring the first week in May, 1971, to

"shut down the Government.'

Demonstration plans include

the blocking of streets and highways,

destruction of personal and Government property, and physical

obstruction to prevent Government employees from reporting to work."

"This investigation is based

on information

that the subject's

activities couid involve a violation of I 18, USC, § 2385 (Advocating

the overthrow

of the Government).

The subject is

an admitted member

(or has beén identified as a member by a confidential source who

has provided reliable information in the past) of (name of group).

The (name of group) in its public statements and publications

advocates the desirability and necessity of overthrowing the U.S.

Government by force or violence, and the assassination of U. S.

Government officers.

The same

source has reported that the subject

actively supporis these positions."

Nhere possible, the first intra-Bureau communication prepared which

indicates that

is being|conducted|should specifically

indicate the statutory basis for the investigation.

However,

may be occasions involving individuals or groups in contact with known

subversive elements where the purpose of the contact is not initially

known and where a preliminary inquiry must be made to determine

whether a

statutory basis exists for full investigation.

In these

instances, a preliminary inquiry may be undertaken, through estab-

sources, for a period not to exceed 90 days, without specifically

indicating the

specific statutory basis for the inquiry.

If after the

conclusion of 90 days it has not been possible to establish a

statutory basis but further inquiry appears necessary, FBIHQ must

be furnished a succinct summary of the facts by letter together with

specific recommendations

as to further action.

In all cases, of

course, investigations must be based on indications that subject

engaged in subversive activity, whether or not a SpecIIIC

statutory basis is cited.

In the event preliminary inquiries fail to establish a sound basis

for investigation, the case should be promptly closed and there is.

no need to advise FBIHQ (unless FBIHQ has been previously advised

of the inquiry).

Nor is there any need to prepare an LHM or report

where no pertinent subversive derogatory information has been developed.

If the statutory basis for an investigation should change or be

expanded to include an additional statute or statutes, the first

communication prepared subsequent to such change or expansion should

specifically

show such changes.

Similarly, this information

should

be included in the next

report or LHM prepared in the case.

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87A - B

SECTION 87• INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUAI

[

6. Accuracy of characterizations

Assure that statements relating to characterizations of an individual

or organization, or relating to affiliations with or membership in any

are founded on firm bases.

Identify sources for such

characterizations or statements of alfillation or membership ii such

characterizations, affiliations or memberships are not commonly and

7.

publicly known.

Investigations and contacts with individuals connected with institutions

of learning

a. Prior FBIHQ approval is required to:

(1) Institute investigation of a faculty member or an organization

connected with an educational institution.

(2) Interview any student or faculty member who is not an established

source.

(Requests to conduct interviews must include individual's

name, position, and an assessment of his reliability and dis-

cretion.)

• contacts with established sources in an administrative capacity may

be made on campus.

Contacts with other

established sources, e.g.,

students and nonacademic employees, should be made off campus.

Use of officers from other agencies

Members of other law enforcement or intelligence agencies are not to

accompany Agents handling these investigations without specific approval

by the SAC.

B. INVESTIGATION OF ORGANIZATIONS

1.

Purpose

To develop evidence of any violations of statutes enumerated in A. l.

above and to keep the Department and other agencies and officials of

Executive branch apprised of information deveioped witch pertaino iu

the

their areas of interest and

2.

Responsibility to initiate investigations

When information is received indicating an organization may be engaged

in subversive activities or may be a front group for

tion, field office should initiate preliminary investigation confined to

established sources. Notify FBIHQ that investigation has been undertaken.

Withinl9O]days submit results by letter with recommendation as to

whether or not further investigation is warranted.

3.

Scope of investigation

Pertinent data concerning following items should be obtained and reported:

Origin and scope

Date and circumstances of founding including any incorporation data.

Identities of

organizers. Location of headquarters and chapters or

affiliates, if any.

Stated aims and purposes, especially any information showing

advocacy of violence or 1llegal activity.

C.

Officers

Principal officers and/or leaders with succinct resume of subversive

backgrounds, if any.

d.

Total

active membership, including

logical breakdowns by organizational

structure and geographical area, if applicable. If exact membership

figures are not available and estimates are given, be certain they

are plainly shown as estimates.

In cover pages or cover communications,

include evaluation of reliability of membership figures cited, as well

as comments concerning any significant factors involving membership,

e•go, increases or decreases, notable shift in composition of group

by age

sex, nationality, etc. Be certain to secure accurate descrip-

tion of

all lists

referred

so as to avoid confusion as to exact

identity or significance of such lists.

e.

Publications

All publications of group with emphasis on any which clearly depict

subversive character of organization.

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SECTION 87•

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND

..? :

INDIVIDUAY

87B

Furnish FBIHQ with copy of publications which portray subversive

character of group or which advocate

violence.

Ascertain sources

of funds for publications.

When it is operated as distinct entity,

a separate investigation should be initiated concerning the publication.

f.

Sources of funds and nature of expenditures, in particular whether

any income is received from or contributions made to foreign elements.

Connections with other groups

Develop pertinent information concerning ties with other subversive

elements including material and/or moral support given of received.

Be especially alert to detect connections with foreign subversive

elements or indications of foreign allegiance or control. Also

determine and report any significant connections or cooperation

with nonsubversive groups.

Activities

Describe activities of group. Afford

special emphasis

to any under-

ground operations or activities involving violence or threatened

violence.

Include any pertinent data showing success of failure of

organization in achieving its stated goals.

4. Infiltration of nonsubversive groups

'When information is received indicating that subversive group is

seeking to systematically infiltrate and control a nonsubversive

organization, avallable data should be submitted by letter with

recommendations as to initiating active investigation. Recommendation

to undertake investigation should be supported by available background

information concerning target organization (including name and

locations, estimated membership, principal officers, and nature of

activities) and resume of extent of subversive infiltration efforts

(including identities of known subversives who have joined target

organization and positions held), provide brief statement as to

investigation planned. If approved by FBIHQ conduct discreet

investigation limited

to determining and reporting

activities which

are related to or in furtherance of subversive infiltration.

instructions apply to local chapters or affiliates as well as national

bo

organization.

Caption and preface

Captions of communications should show that subversive infiltration

of target organization is objective of investigation, not organization

itself, e.g., "Infiltration of (Name of target organization) by (Name

of subversive organization)."

All communications prepared for

dissemination should carry prefatory statement which clearly conveys

Co

organization).

It is not concerned with the normal activities of the

In addition, preface should

group involved.

Limitations on investigation

(1)

Other than with established sources, no interviews should be

initiated with members, leaders, or officers of infiltrated

organization without prior FBIHQ approval (except where they

can be handied by suitable pretext). However, this does not

preclude accepting information volunteered to

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873.'

5.

6.

7.

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

:...

(2) Informants and sources should not be directed by FBI to join

or participate in activities of target organization. However,

if subversive group requests informant to do so, latter may

(3)

Be certain all persons interviewed, including informants, are

that FBI is not interested in normal activities of

organization but solely in efforts to influence or control the

organization by subversive

elements.

d. Conversion to full scale investigation

If target organization becomes completely dominated and controlled by

subversive elements, advise FBIHQ on UACB basis

that full investigation

is being initiated as subversive organization. Drop infiltration

designation from title of case.

Subversive publications

Each office should reviewlany independent subversivelpublications produced

in its territoryl(as contrasted with publications issued by subversive

groups which are under investigation, see Bo

3o eo above)lto determine

whether any advocate violations within FBI jurisdiction. If so, submit

available information by LHM to FBIHQ with copy of pertinent material and

make recommendations as to further action.

Insure that FBIHQ is aware of

all subversive publications with brief identifying data.

Investigative steps

Efforts should be made to develop reliable informants at all levels and

in all segments of subversive organization.

Live informant coverage should be supplemented by other logical investigation

including review of

appropriate public records and publications,

Interviews with former members of group ana, on serecive vasts, liúügì

such techniques as physical and photographic surveillance.

Administrative and reporting procedures

2.

Reporting requirements and status

When necessary data has been developed concerning organization's

activities (See B. [3. labove), submit report.

Atter 1nitlal report.

reports should be submitted semiannually (unless FBIHO has Instructed

otherwise in individual cases).

LHM may be used to provide FBIHQ or

other interested agencies with significant data of immediate interest

on an interim basis between reports.

bo

Informant coverage

Cover pages of reports should include a brief summary of informant

coverage

avallable with respect to the organization, identifying

intormants who report on the group's activities by symbol number anc

showing specifically which informants are members of the group.

Co Topical headings

Both reports and LHMs should be organized under logical headings.

d. Character

All cases should use character "Internal Security," e go,

"Communist

Party,

USA; Internal Security."

In case of subsidiary or front group,

character should show

abbreviation of the parent organization,

e.g., "Young Workers Liberation League, Internal Security - CPUSA";

"Young Socialist Alliance, Internal Security - SWP."

Caption of

subversive infiltration cases should include name of subversive group

"Infiltration of (Name of target

organization by socialist workers Party, Internal Security - SWP."

e.

Classification - 100

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SECTION

87

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS, AND INDIVIDUAl

87B - C

f. Copies

Eurnish. 5 copies of reports. and IlMs except where instructed other

wise in individual cases.

Closing of case

If it is determined subject organization is not currently engaged in

subversive activities, submit pertinent facts in closing report.

C. INVESTIGATION OF INDIVIDUALS

I. General policy

2.

To develop evidence of any violations of the statutes enumerated

in A. 1. above and keep the Department and other agencies and officials

of Executive Branch advised of information developed which pertains

bo

to their areas of responsibility and interest.

Individuals to be investigated

Investigations should be conducted to fully identify and determine

the activities and affiliations of persons who:

Are reported to be engaged in activities which may result in a violation

of statutes enumerated in A. 1. above.

This includes individuals who

are current active members of

subversive organization or movement.

Where formal membership in a subversive movement does not exist, it

includes individuals who are actively supporting the subversive

of the movement.

Priority investigative attention should be given to individuals who

are known or

suspected of being involved in

subversive activities

which are of a clandestine, underground, or violent nature.

C.

Limitations on investigations

All investigations coniu ieù sivulú aruid ncbulous us sucoping inquiries

which are not relevant to objectives.

an investigation be conducted of any individual merely on the basis

that such individual supports unpopular causes or opposes Government

policies.

d.

Investigations requiring FBIHQ approval

Obtain FBIHQ approval for investigation of:

(1)

U. S. Government employee

(2)

Officials or employees of United Nations or other public

international organizations of a governmental or

quasi-

governmental nature.

(3)

e.

exchange program).

(4)

Faculty members of institutions of learning.

FBIHQ approval is not required for investigation of student or

• nonacademic employees of institutions of learning in the absence

of unusual circumstances.

If during a pending investigation it

1s discovered that the subject fits one of above categories,

suspend active investigation and advise FBIHQ with recommendation

as to further action.

Members of United States armed forces

No investigation should be conducted of activelmembers of U.S.

military forces or retirees from the "regular" components of the

armed forces who are subject to Article 2 of the Uniform Code of

Military Justice and over whom the military retains control (re-

tirees

from military reserve forces are not

subject to the Uniform

Code of Military Justice).] If it is determined that a subject fits

in this category, terminate investigation and promptly furnish per-

tinent data to appropriate counterintelligence branch of U.S.

armed forces. Advise FBIHQ in form suitable for dissenination.

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SECTION 87

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS- AND : INDIVIDUA

87C

If .

Candidates for or occupants of elective public office

Upon learning of the

candidacy. for public office of

a.member.of a.

subversive organization, the office of-örigin should promptly

furnish FBIHO with a communication suitable for dissemination

setting

forth sufficient identifying data and a brief sunmary

the individual's subversive activities together with details

of the individual's candidacy for public office.

In the absence

a violation of a

specific Federal statute, no investigation

should be conducted until subject's candidacy for public office

is resolved.

Information received during the period of the indi-

vidual's candidacy indicating a specific violation of Federal

law(s) should be furnished FBIHQ by means consistent with the

exigencies of the situation along with recommendations as to

additional action warranted. Other unsolicited subversive infor-

mation received from sources and informants or obtained incidental

to other investigations should be channeled to the individual's

file and, when appropriate, furnished FBIHQ in disseminative form

with recommendations as to additional action warranted.

Results of candidacy in every instance should be furnished FBIHQ

under individual caption.

Should the candidate have been defeated,

necessary communication should contain recommendations as to addi-

tional action warranted.

Should the candidate be elected, necessary

communication should contain statement that in the absence of

information indicating a

specific violation of a Federal statute,

no additional investigation will be conducted. At such time as the

individual ceases to serve in public office, the office of origin

should submit such information to FBIHQ accompanied by recommenda-

tions as to additional action warranted.

Should intormation be

received indicating a violation of a specific Federal statute while

the individual is in office, receiving office should submit pertinent

information to FBIHQ by means consistent with the exigencies of the

situation along with recommendations as to additional action deemed

warranted.]

.:.

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87C

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

2. Investigative procedures

20.

Scope. of: investigation,

Data concerning the following items should be developed and reported;

if pertinent:

(1)

Background information, including

(a)

True name and aliases.

(b)

Date and place of birth. Where practicable, verify through

• appropriate bureau of vital statistics or birth registrar..

c)

Residences, past and present.

(d)

(e)

Occupations

and employments, past and present.

Citizenship status; where applicable, naturalization data.

(f)

Family background.

lI available, include identities oi

immediate family

and any information indicating they are

employed in sensitive positions or by U. S. Government.

If

member of immediate family is known to be engaged in sub-

versive activities, include succinct resume.

Military records, including any. service in foreign forces.

Educational background.

Arrest record and aisposition of charges.

Physical description.

Make reasonable effort to secure

photograph.

(k)

Handwriting and/or handprinting specimens should be obtained,

if readily available, and kept in case file. Special

efforts should be made to secure such specimens with regard

to leaders of subversive groups and they should be furnished

to FBIHQ by letter for attention of FBI Laboratory to be

12,

included in National Security File.

Subreroive activitiac

and affiliations:

including

(a)

Information concerning membership in subversive movements,

organizations or Iront groups, date and circumstances oI

admission, positions held, and participation in

activities

of organization (e.g, attendance at meetings or othei

functions, fund-raising or recruitment efforts on behalf

of organization, contributions, etc.)

(b)

Statements made or other factors which indicate awareness of

the subversive nature of group, including involvement in

underground operations, and/or

in any other illegal or

violent actions promoted by organization or movement.

(c)

Information tending to show subject's importance in

subversive

movement of organization, e go, degree of influence and

leadership exercised, close association with national or

local leaders, participation in policy decisions.

bo Investigative steps

The following

steps should be considered, but are not all inclusive.

(1) File reviews.

Office indices should be checked.

Any pertinent

•information developed should be included in initial report.

Where logical, check files of other field offices and/or FBIHQ.

(2) Public source material. Make full use of public records and

public sources of information,

including hearings of congressional

or other Government committees

both state and Federal, and

publications, including those issued by subversive groups.

(3)

Check of files of other government agencies, both Federal and

local, which could logically be expected to have pertinent

information.

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SECTION 87•

INVESTIGATIONS ÖF SUBVERSIVE

ORGANIZATIONS: AND: INDEVIDUAL

87C

(4). Records of private firms.

Obtain pertinent available information

from records. of private firms such. as. past of present employers.

Checks of credit agencies should be limited to securing identifying

information only.

Contacts with neighbors and fellow employees.

Such inquiries

should be made only where there is expectation they will develop

pertinent information not otherwise available.

Canvass of established sources and informants.

Contact informants

and sources in position to be knowledgeable concerning subversive

groups with which subject is affiliated.

Physical and photographic surveillances.

considered on selective basis when circumstances indicate they

may be productive.

Interviews of subjects

Policy

Subjects of investigation should be interviewed unless there

is a sound basis for not doing so. Generally, interviews should

be considered after background inquiries have

and a good picture of

If a decision not to interview a subject is made, this should be

fully explained in case file and FBIHQ advised whenever FbIne

is cognizant of investigation.

To develop information regarding subversive activities in which

the subject is engaged.

Approval to interview

All interviews of subjects may be approved by SAC except following

instances which reauire FBIHQ approval:

(b)

When subject is nationally prominent or where circumstances

otherwise indicate the interview could be widely publicized,

such as labor leaders, educators, religious leaders or

journalists.

(c)

interview is to be conducted in presence of subject's

attorney and/or aide.

(d) When subject is connected with institution of learning.

IIn those instances where FBIHQ approval is not required, case

Agent should prepare a memorandum requesting SAC authority for

interview.

This memorandum should include a succinct resume of

including a review of office files concerning a subject,

and shoula indicate the objectaves of an interview.

must be approved by SAC or in his absence, by a designated official.

(4)

Letter requesting FBIHQ approval to interview subject

Letter should concisely set out available data concerning

following items:

Residence address, employment, race, date and place of

birth, citizenship and any health factors which could

attect conduct or

interview.

Marital status, employment and citizenship of spouse.

III.

Succinct summary of subject's subversive activities,

membership of affiliation with subversive groups, and

positions held.

IV. Similar summary regarding spouse's affiliation with

subversive activities.

V. Similar summary concerning subversive activities on

part of close relatives.

VI.

Resume of subject's current sympathies and status in

subversive

movement or organization and any indication

of disaffection.

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87C

SECTION 87.

INVESTIGATION OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

(5)

(6)

« "an:"

VII.

Subject's arrest record and disposition of charges; any

information indicating a propensity for violence.

What is. expected. to. be.gained.by

interynew?

List above items by number but headings need not be restated.

If no pertinent data is available concerning a particular

so indicate.

(b)

Submit one copy of letter and additional copy of first page

only which can be returned by FBIHQ stamped "Approved."

If interview not conducted within 60 days, submit letter advising

FBIHQ:

Reason interview not conducted.

Any new information pertinent to desirability of interview.

Whether efforts to interview subject will be pursued.

after, keep FBIHQ advised at least each 60 days as to progress

of matter.

Conduct of interview.

(a)

Interviews of

subjects entitled to the warning

• and waiver

shall be conducted in accordance with

the requirements set

forth in Volume I, Manual of Instructions, Section 23,

interview is being conducted for intelligence

information rather than an admission or confession of

no warning is required.

Moreover, if the investigation

has failed

to develop information indicating a possible

he does not fit the criteria of those entitled to a warning

of rights. Carefully plan interview so there will be no

compromise of anurces.

sensitive techniques or interviewing

personnel.

An overriding consideration to always bear in

mind is

that interview should elicit from, not provide

information

to the subject.

(b)

Interview at subject's place of employment

avoided if possible. If attorney or aide is present during

interview, interview must be conducted by two Agents.

If, during conduct of interview subject desires that his

attorney or aide be present, the interview should be tact-

fully terminated, and FBIHQ should be informed with recommen-

dation whether or not to resume interview.

In all other instances, SAC has responsibility and option

of deciding when

of Agents 1s first priority to consider.

(7)

Direction of subject's activities.

Prior FBIHQ approval is required before taking any steps to direct

the subject's activities even though he may appear to be cooperative

during

the interview.

(8). Reporting results of interview.

(a)

Record results of interview on FD-302.

(b)

Pertinent results of interview should be included in next

report or LHM unless circumstances indicate need for more

expeditious reporting.

In cover letter or administrative

pages, include observations of interviewing Agents as to

subject's cooperativeness, any relevant information

concerning subject's appearance or characteristics, and

assessment of information developed by interview in light

of other data known to your office.

12

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## Page 27

SECTION' "87•

INVESTIGATION OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUAI

87C.

3.

Reporting Procedures

• General

"(1) pertinent information developed during investigation may be reported

either by report or LHM.

Reports should be submitted:

(a)

When setting out

results of extended inquiries such as

summary of

(b)

subject's activities.

When subject is being recommended for inclusion in ADEX.

LHM should be used to report timely or significant information

(2)

regarding subject's current activities.

All communications should be limited to:

Information regarding subject's subversive activities,

sympathies, and affiliations.

Pertinent background data concerning subversive individuals

or groups with which

subject is connected.

Essential background

data regarding subject.

They should not include information regarding subject's social

or personal affairs or other background data not relevant to

subject's subversive activities or affiliations.

Information in both reports and LHMs should be organized under

topical headings. Main headings and subheadings should be

employed to make the communication as readable as possible.

bo

Summarizing information.

When reporting information of repetitious or cumulative nature, such

as attendance at regular meetings of

subversive group, use summary

narrative statement.

Exact dates are not needed, but

time period

of facts and not conclusions. Information from different sources

should be reported separately and any significant items must be

set forth in detail.

c.

Administrative or Cover Pages

Material to be included

Pertinent information concerning following should be included in

administrative pages of report or cover communication of LHM:

References to other reports or correspondence, ADEX status,

reference to security flash notice (FD-165) or transfer of

origin

(FD-128), reason for classification, 1l any, documentation of data

contained in report or LIM, identities of confidential sources,

leads, and other administrative or noninvestigative material.

Use form (FD-305) for ADEX cases. If used, nonsymbol source page

should be last page.

(2) Documentation

(a) In documenting information originating with another field

office, file number of original document need not be shown

provided source

date information received, and receiving

Agent are identified.

Do not conduct extensive inquiries to document background

information.

In characterizing persons who associate with subject,

• identify source but further documentation not required.

d. Office of Origin

Office covering place where subject's principal subversive activities

occur or originate should be origin. In unusual circumstances where

HH 55227 DocId:32989654 Page 27

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## Page 28

• 87C,

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS, AND

INDYYIRUALS

there is doubt as to which office should be origin, request FBIHQ to

designate office of origin

e.Title of conmunications

Normally, only one subject should be carried in title of each report

or LIM and separate reports should be submitted for each subject

regardless of relationship.

Howevei, when reporting virtuaily

identical information concerning two related individuals (eg., travel.

data concerning a husband and wife) an exception can be made and

single LHM or report submitted.. In such cases dual captions should

be used and an extra copy of communication provided.

f.

Classification - 100

Character

(1)

Designation "Subversive Matter" (or abbreviation SM) should be

used in all cases.

Add organizational affiliation when chief

group with which subject is connected is under current investigation

or has approved [characterization.]

Example:

Subversive Matter - CPUSA

Subversive Matter - SWP

(2) Where meaningful organization affiliation cannot be shown,

use caption "Subversive Matter."

h.

Copies of reports or LHMs

In all instances furnish four copies to FBIHQ to cover dissemination

to Department (2) and Secret Service (1). Where it appears dissemination

will be made to other agencies at FBIHQ level, furnish one additional

copy for each

such agency involved.

1.e

Status

Carry cases

as pending until logical inquiries aimed at resolving

purpose of investigation have been completed. As minimum, case

snould be kept pending until essential background data regarding

subject has been secured and sufficient information developed. to present

good picture of nature and extent of subversive activities engaged in

by subject.

Closing and reopening of cases

It it is determined that subject's current activities do not involve

an actual or potential violation of one or more of the statutes

enumerated in A. 1. above, case should be closed.

Case may be reopened at a later date if additional information is

received which indicates subject's

subsequent activities involve or

result in a violation of

the statutes cited in A. 1.

k.

Subject traveling abroad (Also see section 105G volume IV, of this

manual).

Take following action when information is received that subject of

current investigation intends to travel abroad or has departed on foreign

travel (except where travel is of brief duration and is known

for innocuous purpose

if no one there crane can :

to be

(1)

Immediately notify FBIHO of available details concerning travel,

including places and dates of departure and intended return,

lestination, itinerary, purpose of trip, and pertinent passport

Set out concise resume of available subversive data regarding

subject. Do not delay advising FBIHQ while developing details

if time is of essence.

HH 55227 DocId:32989654 Page 28

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## Page 29

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

87C

des are aron once damage

(2)

If necessary, set out lead for WFO to check records of Passport

Office; Department of State

(3) Pertinent intormation is furnäshed Department of state, centrai

Intelligence Agency (CIA), and interested Legal Attaches.

Furnish FBIHO with six copies of LIM (2-Department, 1-Secret

Service, 1-State

Service at eide Which us ens adition fee stee cach

(1-Legat, 3-Legat's sources).

Also, furnish one copy of subject's

photograph, if available, for each Legat Office involved.

• If

stop should be placed with security services abroad, so indicate

in cover letter.

Set out requests for investigation abroad on

separate numbered page captioned "Leads" at end of LIM.

Request

should

not refer to Legal Attache or request investigation by

any particular service.

(4)

Advise FBIHQ promptly by LHM of subject's return. Reference

any prior memoranda dealing with the subject's travel. If

furnish recommenda-

•(5)

Take following action when information is received that

organization or individual engaged in subversive activities is

forming tour group for foreign travel:

Advise appropriate offices, under caption of tour group of

to identities of individuals participating

in tour and furnish LIM to FBIHQ for dissemination to State

Department, CIA, and interested Legal Attaches. Include

eadily available information pertaining to tour, such as

and addresses of particidants. anc

[characterizationlof organization or individual sponsoring tour.

(b)

Other offices should immediately identify participants

residing within

their respective territories and submit

LIMs on those of security interest. Refer to LIM previously

prepared under caption of tour group or organization.

In

cover letter, list participants on whom there is no subversive

information.

1. Submission of information on members of subversive groups.

• (1)

Offices covering national headquarters or local units of subversive

groups should promptly furnish FBIHQ names and identifying data

regarding persons affiliated with such groups.

information by letter, and indicate list is being furnished

for indexing purposes•

(2)

Information regarding subversive affiliation of individuals

residing in territory of other offices should be furnished to

latter.

(3)

Subscription lists of publications of subversive organizations

should be indexed in field office covering address shown for

subscriber but should not be forwarded to FBIHQ.

m. Control files on former members of subversive organizations.

(1)

Offices having sufficient volume may, at the option of

the

appropriate supervisor, maintain control files on former

members of subversive organizations.

Such files will preclude

necessity for extensive file reviews to identify persons who

are in position to furnish information of value in particular

cases.

(2)

Where appropriate, make copies of communications for these files.

Insofar as practical these files should contain following information

regarding ex-members of subversive groups: background, type of

information possessed, time period covered, availability for

interview and for testinony,

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## Page 30

87C -D

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDTVIDUAT

Channeling information to case files

Memora da regarding membership stay tepin subversive organizan

tions,

channeled to case files of individuals involved.

When informa-

tion from informants or surveillances is channeled to individual

case files, it should be documented.

(2)

When preparing lengthy channeling memoranda reporting material of

interest to other offices, limit number of copies prepared to

two for. each other office.

Clearly indicate next to names of

other offices the page number containing information of interest

and note on cover page that distribution of material to individual

case files should be handled by recipient offices.

0.

Movement of subjects between offices

If office of origin receives information that subject of current or

past investigation changes residence to territory of another division,

office of origin request verification within 30 days. If new residence

confirmed, office of origin submit FD-128 to transfer origin.

of origin

which has not previously been reported in a form suitable for dissemina- •

po

tion, or suitable for incorporation in an LHM or report..

Destruction of Channeling Memoranda

At the option of appropriate field supervisors, in order to avoid the

accumulation of channeling memoranda in a case file as well as to

facilitate the subsequent preparation of LIMs of reports, the following

procedure may be used:

Files may be reopened for preparation of an

"investigative insert" for later inclusion in a LHM or report, using

I symbols identifying

informants who have furnished prior information.

Agent preparing this insert should also prepare a cover memorandum

showing what serials in the file have been covered by his review ana

also identifying

all symbol number informants involved and indicating

the location of the original data (similar to documentation in the

cover pages of a report).

The channeling memoranda covered in the

review can then be destroyed and the "investigative insert" along with

its cover memorandum can, if necessary, be forwarded to another field

division in

14.

the event the subject moves.

Urban Guerrilla Warfare

• (Instructions relating to investigations of above subject matter are con-

tained in section 122, item A8, Manual of Instructions.)]

D..

DISSEMINATION OF DATA DEVELOPED

•1.

General Policy

Information developed during these investigations should be furnished to

other agencies in Executive Branch which have a legitimate interest.

Mk, part 11, section 5, pertaining to Bureau's overall responsibilities

policies

Do not disseminate earlier reports without reviewing them to insure they

meet current reporting standards.

If they are unsuitable for dissemina-

tion, prepare LHM containing pertinent information.

Following instructions cover representative situations which occur

frequently.

Members of armed forces

Delimitations Agreement between FBI and armed forces intelligence

agencies (see

SeCtIon 102B, volume IV, of this manual) requires free

exchange of all information of mutual interest between subscribing

agencies.

Immediately refer any derogatory or possibly significant

information develoded concerning members of military services,

including contacts with individuals or groups of security interest,

to military service having primary responsibility.

16

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## Page 31

SECTION 8.7•

• INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUAIS

• 87D

If it is determined

subject of FBI investigation is member of armed

services, discontinue immediately, advise FBIHQ, and disseminate

pertinent information locally to.appropriate. intelligence

agency.

If it"is

determined subject has. close relatives in armed forces,

promptly advise appropriate military intelligence service,

furnish pertinent information; including reports, on subject involved.

Evaluation of

such association lies entirely within province of

military intelligence service.

b.

In all instances, advise FBIHQ concerning any possible subversive

contacts or derogatory information developed concerning military

personnel, including

local dissemination made. Enclose four copies

of LHM or report setting out pertinent data.

Aliens and naturalized citizens

Furnish any information which might have bearing on their deportation

or denaturalization to Immigration and Naturalization Service (INS)

Individuals employed in or having access to Key Facilities, or

employees of private contractors of the Armed Forces

Under Delimitations Agreements, FBI is responsible to disseminate

pertinent data to the counterintelligence agencies of the Armed

Forces. LAlso disseminate pertinent information concerning such

• individuals

to the Chief, Defense industrial Security Clearance OffiCe

DISCO), Defense Supply Agency, Columbus, Ohio 43215, Attention Chiei,

Adjudication Division and advise interested military

intelligence

agency of such dissemination to DISCO. However, with regard to

facilities having classified contracts with the Atomic Energv

Commission (AEC), dissemination to AEC 1s made only

at FBIHQ.]

See section 102, volume

IV, of this manual for details.

do

Employees of public utilities (including state and municipal facilities)

Disseminate pertinent data locally to Army and any other Federal agency

whose interest is apparent.

Members of military reserve branches or National Guard

Disseminate pertinent security data locally to appropriate military

intelligence service.

f. Seamen and subjects

employed in maritime industry, including long-

shoremen and waterfront employees

Disseminate pertinent security data

locally to Coast Guard and when

circumstances dictate, to other interested intelligence agencies,

including NISO.

Employees of Federal Government

Any subversive information received concerning an employee of an

agency of

the Executive Branch should be promptly forwarded to FBIHQ

for dissemination to interested agencies. No dissemination of reports

in Security of Government Employee cases should be made in field.

Instructions regarding all phases of FBI responsibilities under EO

10450 are in section 19, volume II,

h.

Individuals who own property or reside in immediate vicinity of

installation or other premises under jurisdiction of branch of armed

Disseminate pertinent data locally to appropriate military intelligence

i.

Airmen licensed by Federal Aviation Administration (FAA)

FAA issues certificates

to airmen (pilot, mechanic, or member of crew);

to individuals directly in charge of inspection, maintenance, over-

hauling, or repair of aircraft; and to aircraft dispatchers or air-

traffic control tower operation.

Furnish pertinent data concerning such persons to FBIHQ by report of

LHM.

In cover communication, recommend dissemination to FAA.

HW 55227 DooId:32989654 Page 31

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## Page 32

870 - E

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORCANIZATIONS AND INDIXTUAL

Dissemination to Secret Service...

Under agreement between FBI

and Secret Service concerning protective

responsibilities (set out' in section 102, volume

IV; of this manual);

reports and IHMs are disseminated to Secret Service both locally

and at FBIHQ in all cases which meet standards set forth.

includes virtually all cases on individuals where any substantial

information exists as to subversive activities or sympathies of

When photographs are available send copies to Secret

Service locally and to FBIHQ for dissemination at headquarters

Secret Service should be advised of reason for referral; i.e.,

statement of class or classes of agreement which apply to

subject.

FD-376 serves as letter of transmittal for both local

and FBIHQ dissemination.

Forward original and one copy to FBIHQ

and maintain copy in case file.

After initial dissemination, as changes occur in residence and

employment, advise Secret Service locally by FD-366 and furnish

two copies to FBIHQ. FD-366 must be submitted even though changes

in residence and/or employment are noted in report or LFM being

submitted.

(3)

For instructions governing dissemination to Secret Service in

matters involving threats against President, refer to section

of this manual.

(4)

transfer of office of origin, old office of origin should

furnish Secret Service locally with subject's new residence and

business address by LHM Or FD-366.

Provide copies to FBIHQ and

new office of origin for dissemination to Secret Service head-

quarters and branch office covering new residence, respectively.

(5)

As an administrative aid to insure proper dissemination secret

the Ille

covers of cases in which dissemination is being made to

Service may be stamped "SS."

Restrictions on field dissemination

If security measures are known to be inadequate at local office of

another Government agency, do not disseminate locally?

but bring matter

to attention of FBIHQ FOI

headquarters disseminatione

E. ADMINISTRATIVE INDEX (ADEX)

• 1. Purpose and general policy

a.

To have a readily available and up-to-date listing of individuals

deemed currently dangerous to the national security.

Objective is to

identify individuals who should be afforded priority investigative

coverage in the event of a national emergency•

b. Under no circumstance should individuals be included in ADEX merely

ecause of their opposition to Government policies or because of the

xercise of their constitutional rights of

c. ADEX is strictly an administrative device.

It should not be treated

as a factor in determining basic investigative decisions extent of

whether an investigation should be opened or closed, the

investigation to be conducted in a particular case, etc.

ADEX should include individuals whose actions or statements have

established that they represent a current threat to the national

Individuals (whether affiliated with organized groups or not) who

have shown a willingness and capability of engaging in treason,

rebellion

or insurrection, sedition, sabotage, espionage, terrorism,

guerrilla warfare, assassination of

government officials, or other

such acts which would result in interference with or a threat to

the survival and effective operation of national, state or local

government.

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## Page 33

b.

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE•

ORCANIZATTONS AND, INDIVIDUAL,

Gangio

87E

sus pisses materia

This would include leaders of organizations whose aims include the aver...

..-""

The term "leaders" denotes those individuals,

title, who are in a position to significantly influence the

Mere membership

demonstrated willingness and capability described in paragraph a,

is not sufficient for inclusion in ADEX.

Individuals should be considered a "current threat" to the national

security when reliable information has been developed that they have

engaged in activity or exhibited the requisite willingness and capability

falling within the above-described criteria during prior two years

and there is no indication they have ceased such activity.

However,

there may be instances where retention of an individual in ADEX is

justified even though no pertinent information is available during

left the country. [Following guidelines should be followed with

respect to imprisoned subjects. If already on ADEX and sentence is

such that the earliest possible release date from actual incarcera-

tion is more than two years after sentencing, subject should be rec-

ommended for removal from ADEX.

with facility where incarcerated so office will receive notifica-

stop should be placed

tion of release, after which subject should be considered for pos

sible reactivation on ADEX. Whether or not a stop can be placed,

necessary administrative procedure should be set up so that sub~

jeri's cunilnuel incarceration is versiled at least every six months.

If case is not pending, it should be placed in a pending inactive

rather than closed status. If a subject under investigation appears

to qualify for ADEX but is under sentence for over two years as de~

scribed above, do not recommend for ADEX but follow procedures

described above to consider for ADEX upon release from imprisonment.

Sentences which permit releases in less than two years should be ignored

as a factor in considering ADEX status•

These guidelines are for

application only as to ADEX status and have no bearing on whether or

not subjects should be investigated. For those cases in a closed

status at time these new guidelines

become effective, they should be

brought in line with the

reviewed for any

reason. new guidelines when the cases are next

ADEX should not include individuals who may be ideologically committed

to a philosophy which calls for the downfall of our form of government

or which favors another form of society but who have not shown a current

willingness or capability of engaging in meaningful action to promote

their beliefs.

This might apply, for example, to rank-and-file members

of the Socialist Workers Party or the Communist Party, USA, or other

old-line revolutionary groups which have advocated an overthrow of

our present form of government but where subject's activity is

primarily ideological in nature and not oriented toward action. Each

case should be reviewed on an individual basis in the light of

criteria enumerated above.

3. Recommendation for preparation of ADEX card

a.

When dangerousness of subject has been established, office of origin

should prepare recommendation on FD-122, in triplicate.

original and copy to FBIHQ, and place copy in subject's file.

bo

Attach additional page or pages to FD-122 setting out succinct

summary of facts on which recommendation based.

c.

Nonprosecutive summary report should be submitted when subject is

recommended for ADEX unless one was previously furnished to FBIHQ.

In latter instance, submit up-to-date report.

d.

Do not delay recommendation for ADEX because of absence of complete

background or descriptive data.

19

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## Page 34

: 87E

SECTION 87.

INVESTIGATIONS OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

17: 357644097625638-49

4.

Do not defer recommendation for ADEX because subject is missing, tem-

"•f"

porarily out of the country, of in prison

If FBIHQ approves recommendation, ADEX cards will be prepared includ-

.ing.two.copies .for .field.. Copy.of. FD-122 will be returned stamped.

"'ADEX card approved, copies attached." Check cards for accuracy.

Place one in alphabetical section of

field office ADEX and other

either geographical section or unavailable section.

When subject is approved for ADEX, submit Security

• Flash Notice (FD-165)

to check records of Identification Division and post flash notice if

fingerprints of subject are on file.

FD-165 will be returned if posi-

tive identification cannot be made.

In latter event, FD-165 should be

submitted every two years as long as subject remains on ADEX and no

fingerprint record has been located. These submissions should be timed

to coincide with biennial review of case.

Format of ADEX card

Data to appear on face of card

Itemized below are descriptive

categories in which subject may be clas-

sified and corresponding abbreviations for use on FD-122 and ADEX card.

(1) Full name and aliases

(2) Date and place of birth

(3)

Race

White

Black

W

B

Other

(4)

Sex

Male

Female

M

F

(5)

Citizenship

Tl- S= Citizen

Alien

AL

(6)

(7)

(8)

Residence address

Employment (occupation and address)

Type of activity

Black Extremist

BEX

Communist (pro-Chinese)

Communist (piO-Soviet)

CMC

Communist (Trotskyist)

CMS

CMT

Foreign Nationality

Puerto Rican Nationalist

FRN

PRN

Revolutionary

REV

Miscellaneous

MSC

Activities connected with "New Left" or anarchistic elements should

be shown as "Revolutionary." The term "Foreign Nationality" covers

foreign-directed subversion, e.go, Soviet or Chicom espionage, Arab

terrorism.

The abbreviation FRN should be followed by nationality

involved e go, FRN-Arab, FRN-Cuban.

(9) Special

Interest

Espionage Subjects

Foreign government employees

U. S. Government employees

(10)

Unavailable section

Missing

Out of country

Imprisoned

ESP

FGE

GOV

MI

OC

PR

Key facility

bo

(11)

(12)

Field office and FBIHQ file numbers

Data

to appear on separate card attached to ADEX card in

geographical or unavailable section.

(1)

Physical description

(2)

Photogsaph, sitheet a taken

It should be most current or best

subject

available.

20

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## Page 35

SECTION• 87.

INVESTIGATION OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

87E

(3): Dangerous characteristics of subject, e.g., notation if sübject

carries firearms.

(A.)

(5)

ny special information needed to focate subjected you do deed

Notation that security flash notice (FD-165), has been posted : :.

with Identification Division

(6)

FBI number and fingerprint classification, when available.

Case should normally be kept pending to secure all pertinent identifying

data enumerated in paragraphs a and bo above.

However,

if it

appears a considerable amount of eliort would be required to obtain a

particular item, use judgment in deciding whether to continue in

pending status solely for this purpose.

Use FD-186 to report above information. File in case file.

5.

Arrangement of ADEX

2.

At FBIHQ•

Index is printed on IBM cards, two copies of which are sent to

field.

An alphabetical breakdown of true names and all aliases of

subjects is maintained at FBIHQ.

b.

In field office

Index is maintained in three sections:

(1)

Alphabetical section

This section includes one complete set of current ADEX cards.

'(2)

Geographical

section

This section includes ADEX cards of all subjects except those

who are missing, temporarily out of the country, or in prison.

Geographical section is broken down by residence address in

accord with needs of each office, ego, by state, county, city,

or if needed, into boroughs or suburbs.

Cards are filed

alnhabetically under each

such breakdown.

(3)

Unavailable section

This section includes cards of individuals who are missing, out of

the country for an indefinite period, or imprisoned, broken down

into three corresponding subsections.

Missing subjects

Subjects out of country for indefinite period

Include foreign residence and employment addresses on

FD-122, if known. Place stops with INS to be advised of

subject's

return. Verify foreign residence annually.

(c)

Subjects

imprisoned

Identify institution in which subject is incarcerated on

FD-122. Request prison authorities to notify us of subject's

release and set tickler to verify.

6. Special interest subjects

Following classes of individuals could be of special interest in national

a. Espionage subjects

Any action taken in these cases should be handled, if possible, in

such manner as to not destroy the opportunity to penetrate an active

espionage network.

bo Foreign government employees

Any action taken in these cases must be handled so as to minimize the

possibilities of diplomatic repercussions.

NH 55227 DocId: 32989654 Page 35

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## Page 36

875

• SECTION 87.

INVESTIGATION OF SUBVERSIVE

ORGANIZATIONS AND INDIVIDUALS

7°

anion want "s"

C.

U.S.

Government employees

These subjects are of special interest to Department of Justice.

Cards on "Special Interest!' subjects should be filed in

regular seguence

with other ADEX cards...:

Changes in residence and employment of ADEX subjects

a.

Develop sources to insure that any such changes are promptly brought

to our attention.

bo Submit FD-122 whenever changes occur. Also submit FD-366 to FBIHQ

and Secret Service locally.

Changes in other background data

Submit any changes,

additions, or deletions in data required by FD-122

in an updated FD-122•

If item being deleted, specify "Delete.'

b. Make notations concerning change on existing ADEX card pending

receipt of revised card from FBIHQ•

Movement of ADEX subjects between offices

Requests from other offices to verify addresses of subjects should

be handled within thirty days.

Upon verification of new address, office of origin submit FD-128

transferring origin. Furnish original and copy to FBIHQ and two copies

to office covering new address enclosing copies of previous reports,

other pertinent serials

it flash notice seb-165) hastogen placed with Identification Division,

note on FD-128 and designate extra copy for FBIHQ, attention Identifica-

tion Division.

Old office of

origin submit current report or IHM whenever there is

pertinent information to report.

Do not delay submission of FD-128

solely for preparation of report or LFM, but note on FD-128 latter

being prepared. Old office of origin furnish Secret Service locally

wii sunjenio non issidonce and business addregsos hy Fn-366 and

provide copies to new office of origin for dissemination to Secret

Service there.

If new office of origin plans no further investigation, advise FBIHQ

by letter that case is being closed.

Subject entering U. S. armed forces

Submit FD-122 to cancel ADEX and FD-366 to advise Secret Service,

furnishing copy of latter to local Secret Service office.

Be certain

interested military agency has been forwarded all pertinent subversive

data regarding subject and is aware of subject's entry into armed forces.

Where appropriate, prepare up-to-date LHM or report for dissemination to

military agency and to Secret Service both at FBIHQ and field level.

While subject is serving in armed forces, appropriate military

agency has

complete jurisdiction over his activities and no active investigation

should be conducted by FBI. Geographical card for subject should be

filed in case file marked "canceled" and alphabetical card destroyed.

When subject returns to civilian status

inclusion in ADEX.

If So, Submit ta-432 de ecommend as as vees warrant

current report.

If not, advise FBIHQ by letter.

Removal of cards from ADEX

Subject should be removed from ADEX for any of the following reasons:

a.

Death

• Permanent departure from U. So or Puerto Rico

= Designation as security informant

d. Subject no longer falls within ADEX criteria

22

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## Page 37

SECTION

INVESTIGATIONS OF SUBVERSI

ORGANIZATIONS AND INDIVIDUA

87E

In all of the above cases recommend removal from ADEX by FD 122 with

attached

succinct summary of

facts.

In all instances except c., submit

current LHM or report for dissemination to Secret Service at FBIHQ and

also furnish report or LHM to Secret Service locally•

12.

Reporting procedures on ADEX subjects

An initial summary report must be submitted at time subject is

recommended for inclusion in ADEX.

b. Additional reports should not be submitted solely for sake of reporting;

however, in the event complexity of case or other reasons so dictate,

the SAC

C. Current significant pertinent information and/or activities of

subject should be reported on current basis as it occurs utilizing

teletypes, nitels or airtels with letterhead memoranda suitable for

dissemination.

In the absence of unusual circumstances (imprisonment, prolonged

absence on foreign travel, etc.), Adax cases should be kept pending

and a communication submitted to

FBIHQ at least every 90 days report-

ing on subject's activities.

the event subject has been inactive

for 90 days, you should comment as to whether continuation on

13. [Deletely is warranted.

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PREFACE

GUIDELINES FOR FBI INVUSTIGATI

A. GUIDELINES FOR FBI INVESTIGATIONS

Fundamental to all investigations by the IBI is

the need to protect the

constitutional rights of any individual while

still thoroughly and

expeditiously discharging those responsibilities with which it is charged

by statutes and Directives of the President and the Attorney General.

The FBI is a fact-finding agency which seeks with equal vigor to gather

which will aid in

the successiul prosecution,

or establish the

innocence, of alleged violators of laws of the United

States or of those

who are accused of

seeking by force to subvert or overthrow the Goverument

of the United States.

The FBI makes no determination of the guilt or

innocence of any individnal or group

so accused.

To this end, guidelines have been

established to be followed in

Investigation of cases falling within the jurisdiction of the FBI, to

prevent unwarranted investigations and invasions of the constitutional rights

of any person.

[B. [SECURITY INVESTIGATIONS

In matters affecting the security of the United States, under no circumstance

is an investigation conducted of any individual on the

basis that such indi-

vidual supports unpopular causes or opposes Government policies. All inves-

tigations of

subversive or extremist activities are directed to the collection

of information pertinent to a determination as to whether or not the subject

has violated, or is

engaged in activities which may result in a violation of,

one of several specifically enumerated Federal statutes; or are in fulfill-

ment of instructions from the Department of Justice. All communications re-

these cases must be limited to intormation regarding the subject's

subversive activities, sympathies and affiliations; pertinent background data

covering subversive individuals or groups with which the subject is connected;

and essential background data regarding the subject. No electronic surveil-

lance may be instituted without the specific authority of the Attorney General.

Prior FBIHQ approval is required to institute an investigation of a faculty

member or an organization connected with an institution of learning or to

interview a student or faculty member other than established sources.

tigations of foreign diplomatic or official personnel are not instituted with-

specific approval by FBIHQ and clearance from the Department of State.

No investigations are conducted of active or retired members of the s

military forces under terms of a delimitations agreement entered into betweei

the FBI and the counterintelligence services of the armed forces..

C. CRIMINAL INTELLIGENCE - ORGANIZED CRIME

Where matters of a criminal intelligence nature or organized crime are

concerned, investigations are conducted to develop and maintain current

the activities of organized crime in general, and to develop

substantive cases against individual racket figures.

These investigations

are highly selective and

are, concentrated on the loaders of organized crime

and their reported associates.

Any electronic surveillance used in these

investigations requires

approval of the Bureau, the Attorney General, and

authorization by a court order.

D. APPLICANT-TYPE MATTERS

In the area of applicant investigations, specific standards have been

established to protect

the rights of individuals.

All relevant information,

both favorable

and unfavorable, obtained

concerning an individual must be

duly reported; investigation is limited to checks of pertinent records and

interviews of

persons in a position to furnish relevant information; persons

furnishing derogatory information are requested to furnish a signed statement.

The FBI makes no evaluation or recommendation to the requesting agency

concerning the applicant.

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PREFACE.

GUIDELINES FOR FBI INVESTIGATIONS

[E. GENERAL CRIMINAL AND CIVIN

MATTERS

Our investigative jurisdiction in criminal cases is based on specizic

violations of Federal laws.

Investigations are conducted when information

is received indicating a violation of a Federal law, over which we have been

given investigative

jurisäiction, has occurred.

Results of our investigations

are furnished to United States Attorneys or the Department of Justice for

determination of the course of any prosecutive action.

The decision may be

made to present the case to a Federal Grand Jury cr,

if the facts so justify,

to arrest the subject, in which latter instance the

arrest is made on the

basis of authorized prosecution and the issuance of a warrant.

Upon arrest,

the subject must be brought before the nearest United States Magistrate or

Federal Judge in accordance with established rules of Federal criminal

procedure.

[

Requests for FBI investigations in selected civil matters in which the United

States is or may be a party in interest are received from the United States

Attorneys and/or the Department of Justice.

These are handled in strict

conformity with guidelines furnished by the Department of Justice, as are also

investigations of violations of the civil rights, antiriot, election laws,

and antitrust laws.

IF. GENERAL PRINCIPLES

In addition to these principles, numerous other restrictions apply to a11

phases of our work.

For example, our authority to arrest fugitives is

1

statutory.

The United States Code empowers Special Agents to make arrests

and carry firearms but FBI policy further requires that only that force may

be used which is necessary to effect arrest with due regard being observed

for the safety of the arresting officers and others.

•Special Agents are not pernitted to shoot anyone except in self-detense.

No surveillances are conducted in the White House, the Capitol,

• the Supreme

Jourt, or the House and Senate Oiiice Buildings.

No surveillance, electronic

or otherwise, may be instituted on any member of Congress,

any Justice or

Judge, or any principal functionary of the Executive Branch.

Our Special

Agents may not engage in entrapment or any other improper, illegal, or

unethical tactics in procuring information or evidence; any critical

complaints concerning FBI personnel must be thoroughly investigated; any

testimony by a Special Agent in court must be given clearly and without bias

I

The

foregoing is a general statement of guidelines for FBI investigations.

All investigative personnel must follow these rules.

-

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SECTION 36. ESPIONAGE

[SECRET]

36A

IA.

STATUTES[ (UNCLASSIFIED)]

Title 18, USC, Sf 792-798; Title 50, USC, & 783(b)-(1) (Internal Security

Act of 1950.

erfective 10-4-61 violations may be prosecuted regardless

of whore overt act occurs (Public Law 87-369).

§79c.

Harboring or concealing persons

Whoever hariors or conceals any person

who he knows, or has reasonable

grounds

to believe, has committed,

or is about to commit,

an offense under

section 793 or 794 is liable to $10,000 fine or ten years' imprisonment, or

Gathering, transmitting, or losing delence information

Whoever, for

purpose of obtaining information respecting national

lefenso with intent or reason to believe it is to be used to injury of U.S.

r advantage of any foreign nation, goes upon, enters, flies over, or other-

wise obtains information concerning any

vessel, aircraft, work of

defense,

navy yard, naval station, submarine base,

fueling station, fort, battery,

torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine,

tolegraph, talephone, wireless,

or signal station,

building,

office, research

laboratory or station, or other place

connected with national defense owned

or constructed, or in progress of construction by U.S. or under control of

or of any of its officers, depariments,

or agencies,

or within ex-

clusive jurisdiction of U.S.,

which any vessel, aircraft,

arms, munitions, or other materials or instruments for use in time of war

are being made,

development,

prepared, repaired, stored, or

are subject of research or

under any contract or

agreement with U.S., or any department

or agency thereof, or with any person on behalf of U.S., or any prohibited

place designated by President by proclamation in time of war or national

omergency in which anything for use of Army, Navy, or Air Force is being

or constructed

stored, information as to which

prohibitad place

Реооійоні нао йоіітій nuvi

Whoever, los samo purpose, and with like intent or reason to

believe,

copies, takes,

or obtains,

or attempts to copy,

take, make, "or obtain,

skeich, photograph, photographic negative, blueprint, plan, map, model,

instrument, appliance, document, writing, or note of anything connected with

national defense; or

Whoever, for

purpose, receives

or obtains or agrees or attempts to

receive or obtain from any person, or from any source whatever, any document,

writing, code book, signal book, sketch, photograph, etc.,

of anything

connected with national defense,

or having reason

to believe, at

time he receives

or obtzins,

agrees or attempts to receive or obtain it,

that it has been or will be obtained, taken, made, or disposed of by any

person contrary to provisions of this chapter; or

a Whoever, lawfully having possession of, access to, control over, or

being entrusted with any document, writing, code book,

etc., relating to

national defense, or information relating to national defense which possessor

has reason to believe could be used to injury of U.S. or advantage of any

foreign nation, williully communicates, delivers, transmits, or causes to be

communicated, etc.,

to communicate, etc.,

to any person not

entitled to receive it, or willfully retains same and fails to delivar it

on demand to officer or employee of U.S. entitled to receive it; or

(e) Whoever having unauthorized possession of, access to, or control over

any document, writing, code

book, ato., relating to national defense, etc.,

willfully communicates, delivers, transmits, or causes to be communicated,

etco, or attempis to communicate, eto., or cause to be communicated, etc.,

to any person not entitled to receive it,

or willfully retains

fails to deliver it to officer or employee of U. S. entitled to receive

(I) Whoever, being entrusted with or having lawiul possession or control of

any document, writing, code book, eto., relating to national defense, (1)

through gross negligence permits same

to be removed Irom its proper place oi

custody or delivored to anyone in violation of his trust, or to be lost,

stolen, abstracted, or destroyed, or (2) having knowladge that same has

[Classified by Director, FBI

Exempt from GDS Category

Date of Declassification Indefinitel

SECRET.

1

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36A

[

SECTION 36.

ESPIONAGE

[SECRET]

beon illegally removed

om its proper place

of custody

delivered to

anyone in violation of his trust,

or lost,

or stolen, abstracted, or destroyed,

and fails to make

prompt report

of such loss, theft, abstraction, or .

destruction to his superior officer -

Is liable to $10,000 fine or imprisonment, for not more than ten years, or

If two or more persons conspire to violate any of foregoing provisions,

and one or more do any

act to effect object of conspiracy, each

is subject

to punishment provided for offense which is object of conspiracy.

794.

Gathering or delivering defense information to aid foreign government

Whoever,

with intent

or reason to believe that it is to be used to

injury of U.S. or adrantage of a foreign nation, communicates, delivers, or

transmits,

or attempts to communicate, eto., to any foreign government, or

to any faction or party or military or naval force within a foreign country,

whether recognized or unrecognized by U.S., or to any representative,

agent, employee, subject, or citizen thereof, either directly or indirectly,

any document, writing, code book, etc., relating to national defense, shall.

by death

or by imprisonment

for any term of years or life.

Whoever, in time of war, with intent that same shall be communicated to

the enemy, collects, records,

publishes, or communicates, or attempts to

elicit any information with respect to movement, numbers, description,

condition, or disposition of any of armed forces, ships,

materials of U.S.; or with respect to plans or conduct, or supposed plans

or conduct of any naval or military operations, or with respect to any works

or measures undertaken for or connected with,

or defense of any place, or any other information relating to public defense,

which might be useful to the enemy, shall be punished by death or by imprison-

ment for any term of years or life.

If two or more persons conspire to violate this section, and one or more

do any act to effect object

provided fre offense which

conspiracy,

each shall be subject to punishment

is nhient ne

ananiracy

Titlo 18, USC, § 798 (temporary extension of section 794), provides section

794, in

addition to coming into full force in time

of war, remains in full

force until six months after termination of national emergency proclaimed

by president on 12-16-50, or such earlier date as may be prescribed by

concurrent resolution of

Congress, and acts which would give rise to penalties

under section 794 when performed

during a state of war shall give rise to

penalties when performed during period above provided for.

Photographing and sketching defense installations

Whenever, in interests

of national defense,

President dafines certain

vital military and naval installations or equipment as requiring protection

against general dissemination of information relative thereto, it shall be

unlawiul to make any photograph, sketch, picture, drawing, may. or graphical

representation of such installations or equipment without first obtaining

permission of commanding officer of military or naval post, camp,

or station,

or naval vessels, military and naval aircraft, and any separate military or

naval command concerned, or higher authority, and promptly submitting it to

such commanding officer

or higher authority for censorship or other action

as he may deem necessary.

(b) Whoever violates this section is liable to $1, 000 fine or imprisonment

Ior one year, or both.

Use of aircraft for photographing defense installations

Whoever uses or permits use

of aircraft or any contrivance used, or designed

for navigation or Ilight in the air, for purpose of making photograph, sketch,

picture, etc.,

of vital military or naval installations or equipment,

violation of section 795 is liable to $1,000 fine or imprisonment for one.

year, or both.

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SECTION 36. ESPIONAGE

36A

• :.. [SECRET.]

photographs of defense installations

On and after 30 days from date President defines any vital military or

naval instaliation or equipment as being within category contemplated under

section 795, whoever reproduces, publishes, sells, or gives away any

photograph, sketch, picture, drawing, eto., of vital military or naval

installations or equipment so defined, without first obtaining permission of

commanding officer of military or naval post,

camp, or station concerned,

higher

authority, unless such

photograph, sketch, picture, drawing, eto., has

clearly indicated thereon that it has been censored by proper military or

naval authority; is liable to $1,000 line or imprisonment for one year, or

By Executive Order 10104 dated 2-1-50, President defined following as vital

military and naval installations or equipment requiring protection against

general dissemination of information relative thereto:

All military, naval, or air force installations and equipment classified,

designated, or marked under authority or at direction of President, Secretary

of Defense, Secretary of Army, Secretary

of Navy,

or Secretary of Air Force

Secret," "Secret," "Confidential," or "Restricted," and located

(à) Any military, naval, or air force reservation, post, arsenal, proving

ground, range, mine field, camp, base, airfield, fort, yard, station, district,

or area

(b) Any defensive sea area established by Executive order and not subsequently

discontinued by Executive order,

and any defensive sea area established under

authority of Title 18, USC, & 2152

(c) Any airspace reservation established under section 4 of Air Commerce

Act of 1926 except airspace reservation-established by Executive Order 10092

of 12-17-49

fleet DurDoses

(I) Any commercial establishment engaged in development or manufacture of

classified military or naval arms, munitions, equipment, designs, ships, air-

or vessels for U.S. Army,

or Air Force

All military, naval, or air

force aircraft, weapons, ammunition, vehicles,

ships, vessels, instruments, engines, manufacturing machinery, tools, devices,

or any other equipment whatsoever, in possession of Army, Navy, or Air force

or in course of experimentation,

delivery for

army, Navy, or Air Force classified, designated, or marked

under authority

or at direction of President, Secretary of Defense, etc.

All official military,.

or air force books, pamphlets, documents,

reports, maps, charts, plans, designs, models, drawings, photographs,

contracts,

or specifications marked under authority or at direction of President,

Secretary of Defense, etc.

(Applicability of this Ixecutive order should be determined in each instance

by contact with representative of armed services having security responsibility

Disclosure of classified information

Whoever knowingly and willfully communicates, furnishes, transmits, or

otherwise makes available to an unauthorized person, or publishes, or uses

of any foreign government to detriment of U.S. any classified information -

concerning nature, preparation, or use

any code, cipher, or crypto-

(aphic system of U.S. or any foreign government; or

design, construction, use, maintenance, or repair of any device,

apparatus,

or appliance used

or prepared or planned

by U.S. or any

foreign government for cryptographic or communication intelligence purposes;

(3) communication intelligence activities of U.S. or any loreign government;

[SECRET]

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36A

SECIION 36. ESPIONAGE

... [SECRET]

(4)

obtained by processes of communication intelligence

Irom communications

of any foreign government,

knowing it to have been

so obtained

Is liable to a fine of $10,000 or imprisonment for ten years,

or both.

(b) For

18

Decise datinitions of terms used in this subsection, refer to titlo

(a) Not

Nothing in this section

shall prohibit furnishing,

upon lawful demand,

of information

to any regularly constituted

committee of U. S. Senate or

House of Representatives, or joint committee thereof.

Period of limitation

Statute of limitations for sections 792 and 793 is ten years; there

is no

statute of limitations for section 794 as this is a capital offense; statute

of limitations for sections 795-798 is five years.

Title 50, USC, § 783 (Internal Security Act of 1950)

(b) It shall

be unlawful for any officer or employee of U.S. or of any

department or agency thereof,

or of any corporation stock of which is owned

in whole or in major part by

any department or agency thereof, to

communicate in any manner to any other person whom such officer or employee

or has reason to believe to be an

agent or reprosentative or any

toreign government or an officer or member

of any communist organization as

defined in

section 782 of this title, any information of kind classified by

President (or by head of any department, agency, or corporation with approval

of President) as affecting security of U. 'S., knowing or having reason to

know that it has been so classified, unless

specifically authorized by President,

or by head of department, agency, or corporation by which this officer

employee is employed, to make such disclosure...

(c) It shall be unlawful for any agent or representative of any foreign

government, or any officer or member of any communist organization as defined

in section

any department, eto., any information of

kind which shall have beon classified

by President (or by

head of any such department, agency, or corporation with

approval of President) as affecting security of

U.S., unless special

authorization shall first have been obtained from head of department, agency,

or corporation having custody of or control over such information.

Any person who violates any provision of this section is liable to fine

of not more than $10,000,

or imprisonment for not more

than ten years,

both, and shall be ineligible to hold any office, or place of honor, profit,

or trust created by Constitution or laws of U. S.

Any person may be prosecuted,

tried, and

punished for violation of this

section at any time within ten years after commission of offense, and if at

time of commission of offense person is an officer or employee of U.S. or

of any department or agency thereof, or of any corporation siock of which is

owned in whole or major part by U.

S. or any aepartment or agency thereoi,

person may be prosecuted, tried, and punished for any violation of this

section at any time within ten years

after such person has ceased to be

employed as such officer or employee.

Neither holding of office nor membership in any

communist organization

• shall constitute per se a violation of

subsection (c) or of any other

criminal statute.

B. COURT DECISIONS [(UNCLASSIFIED) J

In Gorin v. U.S.,

312 U. S. 19, Supreme Court, in January, 1941, in inter-

preting phrase "to be used

... to the advantage

of any foreign nation,"

stated that no distinction was made between friend or enemy and it was not

necessary to prove that information obtained was to be used to injury of

In U.S. V. Heine, 151 F. (2d) 813, Second Circuit Court of Appeals, after

finding that Heine was German

agent who collected information about American

aviation industry and sent it to Germany surreptitiously, contended that his

information came

from sources lawfully accessible to anyone who was willing

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[

IC.

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36B - C

[SECRET]

take

pains to find

and collate it: court felt

na t

since it

such information within U.S. it would be

fatuous to forbid its transmission to citizens of a friendly foreign power.

Court stated. "it is enough in the case involved to: hold as we

whatever it

was lawfal to broadcast throughout the

country, it was lawful

to send abroad ...

The section is zimed at the substance of the proscribed

information, not at the act of making it more readily available for use."

on Heine decision, it appears Government must prove

that information

gathered or transmitted is to some

or restricted and not

available to general public.

DEPARIMENTAL INSTRUCTIONS L(UNCLASSIFIED) ]

According to Department, prohibitions in

section 793(a) (b) are conditioned

upon suspect having

. -

the purpose of obtaining information respecting

national defense with intent

or reason to believe

that it is to be used to

injury of U.S. or advantage of any foreign nation; those in subdivision

(c) requira

plus suspect's knowledge

it will be used contrary to espionage laws; subdivisions (a) and (e) relate

to suspects who already have possession of

or access to information relating

to national defense, either lawfully or

unlawfully, which they have reason

to believe could be

used to injury of U.S. or to advantage of any foreign

nation, and who willfully transmit it to unauthorized persons or retain it

after demand made by person authorized to receive it a demand is only

necessary under subdivision (a) where individual has lawful possession no

is necessary under

subdivision (e) where person has unauthorized

possession); subdivision (I) applies to suspects who have lawful possession

of national defense information and permit it to be lost or destroyed through

gross negligence or fail to report its loss to proper authorities.

Department has instructed all USAs that its prior authorization is necessary

before instituting prosecutive action

in espionage cases, except in emergency

subiect is fueitive or damade may result from delay.

In cases involving photographing violations, Department has advised such

can be more expeditiously handled by presenting directly to USA for

preliminary opinion.

This does not alter policy of presenting all espionage

cases to Department prior to actual prosecution.

Concerning section 798, Department has advised that classification may be

effected by written directive, or by marking or stamping on item classified;

authorization may be established by written directive or oral testimony.

Decodes of unclassified information are covered by act where it can be

they facilitated analysis of cryptographic system.

Department holds that photographing or sketching of outside of commercial

establishment engaged in manufacture of classified military or naval arms

and munitions Ior U.S. Army, Navy, or Air Force would not constitute violation

of section 795 and/ or 797, where no classified equipment or material appears

in photograph or sketch.

Department has suggested following procedurés when obtaining and returning

photographs taken in violation of section 795:

Subject should be requested

to relinquish film.

Receipt should be given to subject and signed statement

obtained to effect

film is being voluntarily relinquished.

section 795 should be submitted to FBI laboratory for any

necessary processing and should then be submitted to commanding officer of

military post, or other installation, for

censorship. If film contains

photographs in violation of section 795, it should be delivered to USA either

directly by commanding officer or through Bureau. 24.02 117-42

It prosecution deemed advisable, film should be retained as evidence and not

returned to subject unless, at

conclusion of case, USA feels that any innocuous

negatives or prints may be

returned. In such event film should be returned

I

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36C -D

[

SECTION 36. • ESPIONAGE

(SECRET ]

to conmanding officer wit.

USA's recommendation;

otherwise,

film and any

prints therefrom should remain in possession

commanding officer,

their disposition left to his discretion.

Requests for return of film can

• then be referred

to commanding officer

•....

As to rights of Bureau Agents in carrying out enforcement procedures regarding

violations of sections 795 and 796 by Soviet-bloc diplomatic and official

personnel, Department advised in summary as follows:

In all instances in which photographs

or sketches of defense installations

made by Soviet-bloc nationals, every reasonable effort should be made to

recover and confiscate these items in interest of national security.

Soviet-blo, nationals who have no diplomatic immunity are observed

by Bureau

Agents to photograph or sketch military installations in violation of

sections 795 and 796, they may be arrested without warrant and film seized

as evidence.

If observation is by person other than Bureau Agent, an arrest

warrant should be procured (because misdemeanor rather than a felony is

involved) and search warrant obtained if premises are involved.

Where Soviet-bloc or other foreign officials who may have diplomatic immunity

are observed taking photographs by Bureau Agents, they may be detained until

Bureau is satisfied they do in fact have immunity and film may be confiscated

interest of national security.

Il Agents do not actually observe the

activity but received information from outside source, film may not be legally

seized since warrant of arrest or search may not be lawfully executed against

person or premises having diplomatic immunity.

D. POLICY

1. Responsibilities of FBIl(UNCLASSIFIED)]

a..

Investigation of violations of espionage and related statutes for

prosecutive purposes

Indolligence cosponsibilities

By Presidential directive FBI has counterintalligence responsibilities

which it shares with military intelligence agencies and is also

charged with correlating information relating to espionage and

making appropriate dissemination.

Coordination in domestic intelligence

field is effected through Interdepartmental Intelligence Conference.

By National Security Council directive, FBI and other U. S. intelligence

agencies coordinate

foreign and domestic intelligence through U. s

Intelligenca Board. (See

section 102A, volume IV, of this manual.

To aid in interpretation of Bureau's policies, following terms are

Intelligence - obtaining and distributing information required

for formulation and execution oi Government policy

(2) Espionage - intelligence activity directed toward acquisition

of information through clandestine operations

Counterintelligence

- intelligence activity which is devoted to

destroying effectiveness of inimical foreign intelligence

activities and which is undertaken to proteci security of nation,

its personnel, information,

and installations, against

espionage, sabotage, and subversion. Counterintelligence

procuring,

developing, recording, and

dissominating information concerning bostile clandestine activity

and of penetrating,

manipulating, or repressing individuals,

groups, or organizations conducting or capable

of conducting

such activity.

2. General objectives (CONFIDENTIAL) ]

Principal goal is providing adequate protection to our national defense.

To achieve this end and discharge our responsibilities, investigations

should be directed:

To perfect successful counterintelligence

Io present to Attorney General for his prosecutive. consideration

violations

of espionage and related statutes

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36D

[SECRET]

'3.

Specific objéctives

SECRET)].•

• :

2.

Development of double agents (persons actively

operated by foreign

intelligence organizations but working secretly on behalf of Bureau,

and dafectors-in-place

b.

Development of complete intelligence information, 1.e.,. identifi

cation of all intelligence personnel; determining

joctives; ascertaining to fullest extent activities and contacts oi

intelligence personnel; and development of all information necessary

tor protection of national security.

G.

When a and b have been achieved, to

present case to Department for

prosecutive

where appropriate

4.

Opening cases (SECRET

I'ollowing general rules apply to opening of espionage cases:

3.

Where specific complaint

is received alleging that person

gaged in espionage, together with supporting circumstances to indi-

cate

this may be true, case is opened and investigation pursued to

point where,

il possible, allegations can be established

b.

or disproved.

Where nonspecific complaint

which is vague and indefi-

nite, submit information to Bureau, indicating no further investigation

is being conducted.

However, this

does not mean that before case is

opened, full or substantial evidence must be on hand.

If responsible

sources, published data,

confidential informants, double agents, or

any reliable citizen makes allegation which would indicate espionage

activities, careful consideration should be given to matter before

decision is made not to initiate investigation.

Investigation

of diplomatic or

other foreign official personnel, in-

cluding persons within scope of International Organizations Immunities

Act, should not be instituted without prior Bureau authority.

How-

ever,

in emergency situations, discreet physical surveillances may be

conducted of

such persons apparently acting outside scope of their

authority.

In such instances immediately advise Bureau.

5. Conducting investigations [(SECRET)]

Investigations must be complete, thorough, and expeditIousLy nanaled.

kept currently

advised of important developments.

Determine at earliest possible time whether allegations have any pos-

sible basis in fact in

order to conserve Agents' time and efforts.

Only photographing cases should be presented to USAs for preliminary

prosecutive opinion.

Do not contact Usas regarding violations of

other statutes, but submit to Bureau for presentation to Department.

FBI Agents may

photograph, sketch, or make graphic representations

of military or naval installations or equipment without obtaining

permission from commanding officer or higher authority when request

for investigation has emanated from latter or where urgent nature of

investigation prevents obtaining such permission.

photographs,

In latter instance,

eic., should be submitted promptly to commanding officer

of higher authority lor review.

Pursuant to consultations with Department of State and Department con-

corning violations of

sections 795 and 796 by Soviet-bloc diplomatic

and official personnel, be guided by following instructions:

Executive Order 10104, which defines defense installations covered by

be classified,

sections 795 and 796, specifies that installations or equipe t

"Confidential," or

Arrests or seizure of film or sketches

must not be undertaken unless there is no doubt that installation or

material photographed

or sketched

so classified, designated, or

marked.

Spacific Bureau authority must be obtained prior to any arrests

of any diplomatic personnel or members of their staîts including persons

affiliated with embassies, legations, etc., and missions to UN)

or

employees of UN Secretariat; or before any seizure of film or sketches

in

their possession.

Similar authority should be obtained before any

seizure of film or sketches from other nondiplomatic personnel rep-

resentatives of Antorg Trading Corporation,

lass News Agency, etc.)

unless it is apparent that evidence

will be destroyod, removad, or

delivered

to person or place where it would not be susceptible

to

seizure before authority can be obtained.

[SECRET]

7

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ten 7 sintandas.

omen.

[SECRET]

6• Interviews [ (SECRFT)]

As general rule,

pionage subjects are not inter

wed without prior

Bureau authority; nowever, subjects may be interviewed without such author-

ity when it is apparent subject is cognizant of investigation, interview

would not jeopardize investigation, and there is no indication violation

is foreign-inspired.

This would include photographing violations.

Sub-

jects must not

be interviewed at their places

of employment or through

arrangements with their employers without prior Bureau authority.

[E. INVESTIGATIVE PROCEDURE [ (SECRET)]

Investigation should be based on premise alleged intelligence officers

and their agents have been

thoroughly trained and their activities are

directed by experts. Most successiul spy is ordinary appearing person,

who has established an excellent "cover"

for his activities.

Principal goal is providing adequate protection to national

tain counterintelligence measures frequently will be more desirable

immediate apprehension and prosecution.

It may be desirable to permit

subject to remain at large,

whereby cuntinuing surveillance may disclose

information as to his associates, targets,

or accomplices.

Every pre-

caution must be used to prevent

subject from becoming aware of our investi-

[

of any espionage case is actual transmittal or disclosure of infor-

mation affecting national defense to foreign government or its representa-

Investigations should be conducted

with view to determining as soon

as possible actual method by which information involved is being transmitted

to foreign government or its representative.

It may become necessary in

some instances to make an arrest to prevent

transmission of classified in-

Iormation known to be in possession of

a subject or to prevent his escape.

with information.

Although not all-inclusive, following

investigative steps should be con-

Ascertain complete background

and activities il possible including:

residences; employment; associates; citizenship status, including date

and place of birth; credit and arrest checks, including subversive

police records; check of pertinent Government agencies'

files; check

of public source materials; photograph and physical description; iden-

tifying information as

to any automobile involved.

Discreet physical surveillance, keeping in mind surveillance may be

necessary nuen long perica of timo.

Obtain putographs, Including

motion-pictures, whenever possible, particularly

of espionage meets.

sources of information, confidential informants, double

agents, and defectors-in-place

These may be secured through discreet contact with neighbors, friends,

business acquaintances,

or accomplices.

Make every effort to corrob-

orate conversations between informants or double agents and subject

in order that admissible evidence may be available to corroborate in-

formant or double agent.

Make sure latter interprets instructions

correctly and have such

instructions properly recorded.

Ascertain method and nature

of communications, including mail drops,

through:

Check of communication company records.

Facilities of these

companies should be used whenever possible

and appropriate.

Use of highly confidential techniques.

This is very important

and should be considered whenever security is assured.

Ascertain financial status through:

Credit checks

Check of bank records. When bank account is located, it should

be monitored and all sources of revenue fully explored.

Ascertain identity and purpose

of all contacts through coverage as

outlined above.

Also consider:

Interviews with reliable current and past acquaintances and

associates.

Check of recoras at hotels and other places of abode, as well as

public transportation companies when appropriate. When feasible,

maintain liaison with such companies.

ISECRET]..

:.:

troll od1-73-74

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## Page 48

SECTION 36.

ESPIONAGE

Obtain handwriting and typewriting specimens and

forward to FBI Labo

oratory for comparison with national security filo.

Indicate whether

specimen may be destroyed if necessary in making examination.

instructions are.forwarded. only such tests-as. result. in po: damage...'

will be used

and, as this excludes nearly all

chemical tests, examina-

When questionable material

is obtained during investigation, Lorward

to laboratory for examination.

when technical equipment needed

and not available to lield, make inguiry of laboratory.

Bureau must be apprised

o 211 papers, documents,

plans, blueprints, etc., in subject's possession and no opportunity

should be overlooked to

examine his effects. Whenever' such material

consists of items

possible militasy, naval, or diplomatic signif

icance or subject is known to be aware of such information, advise

Bureau immediately.

If subject travels

abroad, consider checking Customs: records and

having his baggage examined by Customs, Also consider requesting CIA

to cover activities abroad.

When thorough investigation has been made, consider recommending inter-

view of subject.

If interview authorized,

consider obtaining waivers

of search to permit search of subject's residence and other premises

under his control.

Recommendations should be

submitted to Bureau relative to placing

subject's name

on administrative index in accordance with section 87,

volume III, of this manual.

When interviews

are conducted with person who has admitted being con-

lected with a loreign intelligence service, cover Iolowing points:

111 information pertaining to organization and operation of intelligence

service with which he is connected, including setup of files section and

how their material is coordinated.

pot any hose est to see rent, teste

descriptions, and cover nomes of. all intelligonce officers

agents, and

agents,

service; who

trained them; how they were trained; what was their mission; in which

section of U.S. they were to operate; how they were to come to U. So;

under what name they entered U. So; whether subject knows of any intor-

mation having been furnished by them to his intelligence service; 1I so,

nature of information, how they obtained it, how they communicated it,

now they were paid, for what period they were active, and when was last

time they were active.

Where lists of names are found upon subject, obtain all identifying

information concerning persons listed and

determine whether such are

merely social acquaintances or are of espionage significance.

of all training centers of intelligence

service, both in

home country and elsewhere, as well as identities and descriptions of

personnel connected with these

centers.

Information concerning uses

of mail drops in this country or in for-

eign countries.

6. Where members of foreign intelligence services offer their services as

defectors or defectors-in-place, they should be questioned thoroughly as

to their motives.

they obtain no information concerning

Bureau which would be of value to foreign intelligence service since it

is known practice of intelligence services to plant person within opposing

intelligence service,

make every effort to check

on latter possibility.

7.

Codes, ciphers, secret writing, and

methods of concealment

There is definite

difference between a cipher and

A cipher is

made by using individual leiters of message as units.

This may be

done either by

substituting numbers, symbols, or other letters ior

original letters in message; or

by rearranging order of letter's

Ciphers obtained by first method are called substitution

and latter are called transposition ciphers.

are constructed by replacing

original words, phrases, or sentences

of message by code words.

Because of regulations

governing messages

НН 55227 Do0Id:32989654 Page 48

[sECRET]

9

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## Page 49

36E

8.

SECTION 36.

ESPIONACE

y torograph

[SECRET]

radio, co

code groups usual

onsisto

five

Code messages may be

use of

code

book which may contain as many as one hundred thousand

or more code

words. or number groups..

Dictionaries are

oiten used as code books..

Ordinarily.code messages.cannot be docoded without use of code book...

Frequent use has been made of books for setting up key to cipher.

"Best sellers" have been used as their possession does not arouse

suspicion.

In making searches keep this possibility in mind.

Com-

munication with foreign countries is frequently accomplished by

shortwave radio or secret writing in correspondence or by microdots.

While some types of secret writing may be detected with naked eye,

there are methods with invisible inks that cannot be detected with-

out extensive laboratory examination.

When submitting codes

or ci-

phers to laboratory for examination,

any collateral information which

might be of aid to solving code or cipher should be noted in cover

letter.

Missing classified documents and disclosure of classified data (See

section 20F,

volume II, of this manual.)

a.

These cases generally are referred

other Government agencies.

When documents

are reported missing, referring agency should

advise why matter was referred and

field should contirm receipt

in writing and state whether or not investigation is being

conducted

No investigation

should be made of administrative misplacement,

misfiling,

or loss of documents in transmission. Do not investi-

referral by other agencies has been delayed unreasonably;

Bureau promptly of facts, including reason for delay.

Investigate where

there is indication of loss or compromise

gross negligence.

However, locating missing documents is

administrative function of agency having security responsibility

for such material and no search for missing documents should be

conducted for other agencies without Burean approval.

Investigate where there is theft, disclosure,

or compromise with

intent to aid foreign power

or injure U.S. or with reason to

believe this would

Advise Bureau promptly of

cases of widespread interest, probable

publicity, or where classified information is of great

strategic

b.

importance.

Investigative steps - determine:

Circumstances surrounding

loss, disclosure, or compromise

Whether person disclosing information knew

it was classified and

also knew person to whom information disclosed was not authorized

Exact classified information involved

Its classification and significance to national defense (i.e.,

would its disclosure to unauthorized persons injure U.S.,

a Loreign power), and identities of competent persons who can so

Whether information can be declassified for purposes

of prosecution

requisite intent or

gross negligence (i.e.,

associa-

•tions with foreign officials; clandestine conspiratorial meetings;

evidence subject had been given security briefings or was aware

of security regulations; utter disregard of such regulations;

or imprudent handling of classified infor

Where preliminary inquiries show requisite intent

did not exist

or there

was no gross negligence, discontinue

submit closing communication.

there is no indication of foreign-directed espionage but requisite

intent or gross negligence does exist, early interview of subject is

generally desirable,

which time signed statement should be requested.

Conduct investigation to corroborate admissions.

[SECRET]

10

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## Page 50

SECTION• 36. ESPIONAGE

36E - K

[SECRET]

Communist intelliger

services are placing greater

mohasi

on illegäl

operations in U.S.

In view of security surrounding such operations,

methods of infiltration must be devised apart from usual techniques.

Experience has shown: that it is fatal to: rush this type of investigation

and approach must be painstaking with premium on patience. Technique of

developing person who can be placed in contact with suspected illegals or

illegal agents for purpose of developing close relationship should be borne

•or developing erose yela

in mind; however, illegals and illegal agents are most experienced and

extreme care should be exercised.

IF.

SOVIET INTELLIGENCE FUNCTIONAL FILES [(UNCLASSIFIED)]

These files were set up to correlate information concerning methods of opera-

tion and organizational structure of Soviet intelligence services.

They con-

tain information secured by field and FBIHQ through investigations and interviews

and from other U.S. and foreign intelligence and

security services.

Included are a breakdown of Soviet intelligence services, methods of recruit-

ment, training, communications, payments, travel and entry, security precau-

tions, cover stories, targets,

and modus operandi.

They should be thoroughly reviewed by all Special Agents engaged in counter-

espionage and counterintelligence investigations. New material received at

BIHO is forwarded to field for inclusion in these files; hence, Special

Agents engaged in counterespionage

and

counterintelligence investigations

should review this material periodically.

IG.

CURRENT ESPIONAGE DIGEST [(UNCLASSIFIED)]

summaries or new techniques, methods

services are prepared at FBIHQ for distribution to aid of tommunist intelligence

1.

Issues should be reviewed by all Special Agents handling counterespionage

* a dependern

and counterintelligence investigations.

20

3.

Be alert to recommend pertinent items of significance.

File should be maintained under custody of SAC with same security as

Classification 134 files.

Issues of lasting training and educational

value, however, should be permanently charged out and securely maintained

by supervisor responsible for counterespionage and counterintelligence

investigations in location accessible to involved SAs. (Legal Attaches

should destroy each issue when read.)

Ho Deleted

[I. VENUE [ (UNCLASSIFIED) ]

Venue lies in judicial district in which alleged offense occurred

[J. CLASSIFICATION - 65 [ (UNCLASSIFIED)]

IK. CHARACTER - ESPIONAGE - (Name or approved abbreviation of country) [(UNCLASSIFIED) ]

Where applicable, add dual character of Internal Security Act of

1950.

[SECRET]

11-12

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## Page 51

SECTION 84.

REGISTRATION ACT

844)

IA.

[B.

[C.

BACKGROUND

There are three principal

registration statutes within Bureau's

They are set forth under B, C, and D.

jurisdiction.

FOREIGN GOVERNMENT AGENTS

1.

Statute

Title 18, USC, § 951.

Agents of foreign governments

other than diplomatic or

officer or attache, acts in

U. S, as agent of foreign government without prior notification to sec-

retary of State,

shall be fined not more than $5,000 or imprisoned not

more

than ten years, or both.

Term

"foreign government," as used in this title, includes

any

government,

factions

or body of insurgents within country with which

U,S. is at

peace,

irrespective of recognition by U.S.

2.:

3.

Department has advised that no definite opinion could be rendered as to

whether agents of foreign governments are

legally required to notify Seo-

retary of State with regard

spacific nature of duties to be performed

by them. When information is received that agent of foreign government

may be engaged in activity outside scope of dutios set forth in his no-

tification to Secretary of State, submit promptly to Bureau lor presen-

to Department for opinion

to possible prosecution

or further

investigation.

Investigative

procedure

Following

suggestions, not all-inclusive, are directed toward obtaining

evidence

that subject:

8..

Acted as an agent

of foreign government

Examine

subject's bank account.

Interview reliable associates. of subject.

Examine

subject's personal records.

Examine Federal

and

Compare subject's apparent incone wiii aypasoni espositiudio.

6

Interview subject.

b.

Was

not notified to Secretary of State

This should be done at outset

of investigation.

Request Washington

Field Office (WFO) to check records of State

to ascertain if noti-

fication filed and, if so, to obtain full details.

Be alert for

false information or information villfully omitted. State

Department

representative who

can testify that subject is not notified to Sec-

retary of State must be determined in each case prior to trial.

ProS-

ecutive

summary reports should indicate

"an

appropriate representative

of U. S. State Department, Washington, D. C." as witness who will

furnish

this testimony.

Add note for

benefit of USA that this witness'

identity will be established prior to trial.

Bureau should be requested

to determine this witness' name and title reasonable time prior to trial.

FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED

Original Foreign Agents Registration Act of 1938, known as McCormack Act, was

superseded by Foreign Agents Registration Act of 1938, as amended.

Title 22, USC, 88 611-621,

provides:

a..

No person shall act as.

foreign principal unless he has

filed with Attorney General a true and complete registration statement

and supplements as required by these sections, unless he is exempt from

registration.

Supplementary statements must be filed every six months.

A 30-day grace period is

permitted to file these supplements.

in agent's activities or relationships with foreign principal

be reported within ten days.

b.

Term "agent of foreign principal" includes anyone who:

as an agent, representative, employee, servant, public-relations

counsel, publicity agent, information service employee, or political

consultant for a foreign

principal, or for a person any of whose

activities are in

or in major part controlled by foreign

principal, and who within U.S.:

#MORIG

ALL INFORMATION CONTAINED

PREIN IS UNALASSIFIAD

1

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84C

AUGIO INTI

0.

d.

€ .

I.

2

(3)

(4)

(5)

Term

(1)

(2)

•Engages, in.

Solicits,

itical-activities.for.intere.s.

or dispenses anything o.

lutoreign principal...

alue for foreign

principal

Represents interests of foreign principal belore any agency or

official of. U. .S. Goverament

as foreign agent whether or not a

contractual relationship exists with foreign principal; or

Acts in any other capacity at order or direction of foreign

principal or of a person any of whose activities are controlled

by a foreign principal

"agent of foreign principal" does not includa:

Bona fide representatives of news or press services organized in

U. S. so long as they

are not owned or

controlled

or their policies

determined by any foreign principal or foreign agent required to

register under this act

Bona fide representatives of newspapers, magazines, or periodicals

holding second-class

mailing permits and

not subject to foreign

Following persons are exempt:

Duly accredited diplomatic or consular officials

Officials of foreign governments

(3)

of diplomats,

consular officials, or foreign

officers other than public-relations counselors, publicity agents,

or information-service employees.

Latter are not exempt unless

their status is recognized by State Department.

They cannot

4

5

engage in propaganda distribution.

Persons engaged exclusively in bona fide trade and commerce

Persons collecting funds for relief of human suffering and regis-

tered pursuant to terms of Neutrality Act

(6)

Persons engaged in bona fide religious, scholastic, academic, or

scientific pursuits or of fine arts

Persons qualified to practice law who agree to or engage in legal

aprosontation on a dicelessa Bocciga principel befere

or agency of U.S. Goverment provided that representation does

not attempt to influence or persuade U. S. Government officials

other than in course of established agency or court proceedings

"Foreign principal" includes any entity in a foreign country, govern-

political party, individual, association, corporation, etc.

Labeling and filing propaganda

Agents of foreign principals distributing political propaganda in inter-

state or foreign commerce or through mails to two or more persons must

file two copies with Attorney General within 48 hours with statement

regarding time and extent of distribution.

Such propaganda must be

conspicuously labeled to show:

Relationship or connection between political propaganda and

person responsible for its transmittal

Distributor is registered agent of foreign principal

Identity

o1 foreign principal

Registration statement filed by distributor is available lor

inspection at Department of Justice

Registration by distributor does not imply approval of contents

by U. S. Government

This act also requires labeling of speeches,

radio addresses,

other methods employed

in disseminating oral

propaganda in interstate

foreign commerce by registered agents in

strict accordance with

regulations prescribed by Attorney General.

A registered agent, in furnishing propaganda to or requesting intor-

mation or advice

from any U.S. Government agency or oflicial, must

preface propaganda or request by accurate statement to efiect

of such a foreign principal in accordance with act.

Similarly,

registered agent appears before any committee of Congress to tes-

tify in interest

of his principal, he must furnish

committee with copy

2

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## Page 53

h.

K.

2.

SECTION 84. REGISTRATION ACT

84C

of his most

rece

registzation

statement

a S

fil

with Department

of justice.

Books

Agents®

of foreign principale are required to keep books and records

of activitias

as prescribed by Attorney Genéral.

These must bé

maintained for three years after agent terminates his relationship

with foreign principal.

Books and records are to be open for inspec

tion at reasonable times by any official charged with enforcement

It is unlawful to, or attempt to, falsify, conceal, or

destroy. these records.

Responsibility of

officers

When agent of foreign principal is organization, officers,

directors,

or those performing functions of officers

or directors will be re-

sponsible for compliance.

Contributions in elections and political activities

Act prohibits foreign agent, when acting in that capacity, from know-

ingly making contribution of anything of value in connection with elec-

tion to any public office

or primary election, convention, or caucus

hold to select candidates for any public office.

Prohibitions are also

iinposed against anyone

knowingly soliciting of

receiving such con-

tributions from any loreiga agent or foreign principal.

Government officials acting as foreign agents

All officers or employees of U. S. Government

are prohibited from

being or acting as agents for foraign principal.

Exception is pro-

vided where head of employing agency certifies to Attorney General

that employment of foreign agent is required in national interest.

Enforcement and penalties

When Attorney General judges a person is engaged in,

or has or

is about to engage in, activity in violation of act, he may apply

to appropriate U.S. district court for order enjoining such acts

or enjoining person

from continuing to act as foreign agent until

Decomples mite die minattune ui regionation..

Counto must

give Attorney General's application preferred action.

If registration statement

is deficient, Attorney General must so

notify the registrant giving specifios.

Ten days after receipt

the notification it will' be unlawful for registrant to continue

as foreign agent without filing amended statement.

Foreign agents are forbidden to enter into contracts with their

foreign principals wherein agents' fees or compensation is contin-

gent upon success of any political activities carried on by agents.

Upon conviction, violators of provisions of act, except as listed

below, may be fined $10,000 or imprisoned for five years, or both.

convicted are subject to deportation.

U.S. officials acting as foreign agents - $10,000 and/or

two years

Agents contributing, or person's

accepting, receivings

soliciting contributions,

to elections or political activities -

$5, 000 and/or

Agent operating

on contingent fee or continuing to act as

foreign agent without filing amended statement as required

in (2) above - $5,000 and/or six months

Agent omitting or

improperly labeling propaganda; failing to

provide statement that he is registered agent when furnishing

propaganda to or requesting information from'U. S. Government

official; or failure to provide congressional committee

copy of most recent registration statement when testifying

such committee - $5,000 and/or six months

Investigations may be initiated without prior Bureau authority.

Cases are not to

presented to USAs or discussed with them nor are

copies of reports to be

furnished to them without Bureau authority.

HH 55227 DoOId:32989654 Page 53

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84C

•SECTION 84, REGISTRATION ACT

3.

Although Bureau

been authorized to examine

registered agents.

no such examination should be aitempted except

specific Bureau authority.

Diplomatic and consular officers are exempt from registration so long

as their activities. are recognized by Department of State as proper

lor such official.

No investigation of diplomatic or consular

is to be conducted without prior Bureau authority.

are noted, which would seem to be outside regular activities of official

in question, advise Bureau promptly so that inquiry may be made of

State Department to determine exactly what official's status and scope

of action are.

Investigative procedure

When it is desired to check whether subject is registered or, il

registered, to secure a copy of his registration statement, direct

Suggestions

¡or investigation are being broken down by elements of

principal violation.

They are not all-inclusive but do represent type

of inquiry most uniformly productive in previous cases.

Investigations

should be directed toward

obtaining evidence

Was an agent, or held himsell out to be an agent, of foreign

minodation to deneral suegostions set forth in section B, item

3a, above, special attention must be given those agents

propaganda activities.

Contact subject's printer or publisher, if reliable, and

obtain copies of manuscripts,

orders for printing,

of publications.

to dotermine

if subject holds

second-class mailing permit and for infor-

mation regarding quantity of his outgoing mail.

Check with Library of Congress for all publications copy-

inhted he enhiant

Where propaganda agent is lecturer, information may be ob-

from lecture bureaus, newspaper morgues, interviews

with members of clubs before

which subject has

radio station records, including transcriptions of broadcasts.

not registered with Attorney General

Representative of Attorney General who can testify

that subject did not register must be determined in each

case prior to trial.

Prosecutive summary reports should in-

"an appropriate representative of the Attorney General,

U. S. Department of Justice, Washington, D. C." as witness

who will furnish this testimony.

should be added for benefit

of USA that this witness?

identity will be

established prior to trial.

able time prior to date set for trial, request Bureau to

obtain name and title of representative of Attorney General

who should be subpoenaed.

statute provides that in any

proceeding under this act when foreign

principal is located outside U.S. evidence of specific identity

• of foreign principal will not have to be produced.

4. Miscellaneous

This act requires registration of persons accepting compensation from

foreign principal or acting in U.

S. on orders, instructions,

or request

of foreign principal.

Thus, agent of foreign principal engaged in send-

ing propaganda from U. S.

to foreign countries could be required to

5.

register.

This interpretation is based on legislative history of

statute.

of limitations

litle 22,

provides:

"The obligation of an agent of a foreign

rincipal to file a registration statement shall, aiter the tenth day of

his becoming such

agent, continue from day to day, and termination of

status shall not relieve such agent irom his

obligation to file a

registration statement for the period during which he was an agent of a

Ioreign principal."

4

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## Page 55

Title 22,. USE,

provides: "Dissolution of

rganization acting

as an agent of

a 10.

ign principal

shall not relieve

sny officer,

person performing the functions of an officer, or any director, or person

performing the functions of a director: from complying with the provisions

of this: section;"

....

Title 22, USC, § 618, provides that failure to file any registration state-

ment

or

supplements

as reguired shall be considered continuing

offense for as long as such failure exists, notwithstanding any statute of

limitation or other statute to the contrary.

REGISTRATION OF PERSONS WHO HAVE KNOWLEDGE OF, OR RECEIVED INSTRUCTION OR

ASSIGNMENT IN, ESPIONAGE, COUNTERESPIONAGE, OR SABOTAGE SERVICE OR TACTICS OF

COVERNMENT OF FOREIGN COUNTRY OR FOREIGN POLITICAL PARTY

Title 50, USC, 88 851-857, provides:

a.

Every person who has knowledge of, or has received instruction or

assignment in, espionage, counterespionage,

or sabotage

service or

oi government of

foreign political party

shall register with Attorney General by filing registration statement.

b.

Following exceptions are made. Any person:

Who has obtained knowledge of or received instruction or assign-

ment in espionage,

counterespionage, or sabotage

service or

tactios of a foreign government or foreign political party by

of civilian, military, or police service or employment

with U. S. Government, governments of several states,

political subdivisions, District of Columbia, territories, or

(2)

Who has obtained such knowledge solely by reason of academic or

personal interest not under

supervision of

preparation for

service with government of foreign country or foreign political

!?!

(4)

Who has made fall dicellenge me carh Innwledge, instrartinn

officials within an agency

S, Government

having responsibilities in field of intelligence, which disclosure

has been made matter of record in files of such agency, and concern-

ing whom a written determination has been made by Attorney General

Director of Central Intelligence that registration would not

be in interest of national security

Whose knowledge of, or receipt of instruction or assignment in,

espionage, counterespionage, or sabotage service or tactios of

government of foreign country or foreign political party, is

matter of record in files of an agency of U. S. Government having

responsibilities in field of intelligence and concerning whom

a written determination is made by Attorney General or Director

of Central Intelligence, based on all information available, that

registration would not be in interest of national security

Who is duly accredited diplomatic or consular officer of

government,

so recognized by Department of State,

while he

Department

exclusively in activities which are recognized by

of State as being within scope of functions of such

officer, and any member of his immediate family who resides with

(6)

Who is an official of a foreign government recognized by U. S.,

whose name and status and character of whose duties as such offi

cial are of record in Department of State, and while he is engagaa

exclusively in activities which are recognized by Department

of

State

as being within scope of functions of such official, and

any member of his immediate family who resides with him

(7)

Who is a member of

staff of or employed by a duly accredited

diplomatic

or consular

officer of a loreign government who is so

recognized by Department of State, and whose name and status and

character of whose duties as such

member or employee are a matter

5

7-13-70

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84D

SECTION 84.. REGISTRATION ACT

of recora in

artment of state,

while he is

gaged =IJ-

in performance

of activities recognized by Departmeni

-==25

being within

of functions of such member. or emp--==

¡s' an officially acknowledged and"

sponsored represser zie: of

Toreign government. and is in U.S. on an official rigin ra:

purpose: of conferring. or otherwise cooperating with U. =:==1-

ligence or security personnel

Who is a civilian or one of military personnel of a fursi:= somea

service coming to U.S. pursuant to arrangements made ====r =

mutual defense

treaty or agreement, or who has been intire: -I

U.S. at request of

an agency of U. S. Government; or

Who is a person designated by a foreign government to

its representative in or to an international organizatia= =

which U.S. participates or is an officer or employee ===== =1

organization or who is a member of immediate family of, == vasides

with, such

a representative, officer, or employee

Registration statements maintained by Attorney General shall = ==n to

public examination, except that Attorney General, having due Isyri for

national security and public interest, may withdraw any regisezzion

statement from public examination.

Whoever willfully violates any provision of act or any regulzizzz where-

undor, or in any registration statement willfully makes a fa-sa ==ia-

of a material fact or willfully omits any material fact, i=

fined no: more than $10,000 or imprisoned for not more than is= ears,

Any alien so convicted is subject to deportation.

Failure to file a registration statement as required by act i= =

continuing offense, notwithstanding any statute of limitatiaz I Imer

statute to contrary.

§. Compliance with registration provisions of this act does not Is=

any person from compliance with any other applicable registrat- sistute.

Investigations may be initiated without prior Bureau authoritz-

b. Cases are not to be presented to USAs or discussed with then I ers

reports to be furnished to them without Bureau authority.

c. Act provides exemption from registration for certain diploret- ini

consular officers and official members of their immediate far--= mo

reside with them; certain members of stafl or employeas of cession

diplomatic and consular officers; certain members

to U.S.; certain members of a foreign

tives to certain international organizations, or is an officer

ployee of such an

organization or is a member

of, and resides with, such

representative, officer, or empirza

When intormation is received that individual apparently overee att

may be so exempted, immediately furnish information to Burezi ==.

inquiry may be made of appropriate department to determine eras- =tus

This should be resolved prior

to investigatian

3. Investigative procedure

When it is desired to check whether subject is registered or. = =g-

istered, to secure a copy of his registration statement, direct Zaa

Investigations must develop to fullest extent possible data stir

that subject has knowledge of,

r has received instruction or =-=₴

ment in, espionage, counterespionage, or

abotage sorvice or tzuzz.

of foreign government or foreign political party.

It must also be shown that subject did not register as requirea

Representative of Attorney General who can testify that

3=2-=99T

did not register must be determined in each case prior 5= ==1.

Prosecutive summary reports should indicate "an appropriate rep

resentative of the Attorney General, U. S. Department o2 =-09,

Washington, D. C." as witness

who will furnish

Note should be added for benefit of USA that witness' iler-

will be established prior to trial.

Within reasonable tire rior

to dato set for trial, request Bureau to obtain name and

of ropresentative of Attorney General who should be subyces==.

HH 55227 DocId: 32989654 Page* 56

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[

[F.

IG.

SECTION 84, REGISTRATION ACT

84D - G.

4.

of limitations

Failure to register is

continuing offense for as long

failure exists.

INTERVIIWS

"..

...

.! •

".

with subjects shoula be considered on completion of all logicai.

investigation.

Obtain Bureau authority.

2.

subject is involved in

revolutionary group or engaged in other activity

timely interview might produce valuable investigative

data, expeditiously request authority for interview and indicate why inter-

proposed prior to completion of investigation.

3.

such early interview is authorized, additional interviews with sub-

may be conducted on SAC authority.

CLASSIFICATION - 97

CHARACTER - REGISTRATION ACT - (Name or approved abbreviation of country) l

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SECTION 86: SABOTAGE

diet

86A

1.

STATUTES

Title 18, USC, 88 2151-2155, and Title 50, USC, $ 797

Delinitions

this chapter:

*The words war material!

include arms, armament,

ammunition, livestock,

standing

timber,

stores of clothing, air, water,

foodstufis, fuel, supplies,

ingredients, intended for,

munitions,

and all articles, parts or

adapted to, or suitable for the use of the United

States or any associate nation, in connection with the conduct of war or

defense

"The words "war premises' include all buildings, grounds, mines, or other

places wherein such war

material is being produoed, manufactured, repaired,

stored, mined, extracted, distributed, loaded, unloaded, or transported,

together with all machinery and

appliances therein contained; and all forts,

arsenals, nary yards,

camps, prisons, or other installations of the Armed

Fordes of the United

or any associate nation.

"The words swar utilities' includejall railroads,

railways, electric lines,

roads of whatever

description, any railroad or railway fixture,

canal, lock,

dam, whari, pier, dock, bridge, building, structure, engine,

mechanical

contrivance, car, vehicle, boat, aircraft, airfields, air

machine, lanes,

and fixtures or appurtenances thereo, or

any other means of transportation

whatsoever, whereon or whereby such wàr material or any troops of

•States, or of any associate nation, are being or may be transported either

the limits of the United States or upon the high seas or elsewhere;

and all air-conditioning systems, dams, reservoirs, aqueducts, water

mains and pipes, structures and buildings, whereby or in connection with which

to the Armed Forces of the United

at the tend tore on the tated te be didate enteres

electric light and pover

steam or pneumatic power, telephone

finiuees, auù virtiess suduivus, duù

vie vuiling's

connected with the maintenance and operation therecf used

water, light, heat, power, or facilities of communication to any wa air,

the Armed Forces of

the United States, or any

associate nation) premises

"The words 'associate nation' mean any nation at war with any nation with

the United States is at war.

"The words 'national-defense material' include arms,

armament, ammunition,

livestock, forage, forest products and

standing timber, stores of clothing,

air, water, food, foodstuffs, fuel,

supplies, munitions, and all other

articles of whatever description and any part or ingredient thereof, intended

Ior, adapted to, or suitable for

-the use of the United States in connection

with the national defense or

for use in or in connection with the producing,

manufacturing, repairing, storing, mining, extracting, distributing, loading,

unloading, or

transporting of any of the materials or other articles herein-

before mentioned or any part or ingredient thereof.

"The words 'national-defense premises' include all

buildings, grounds, mines,

or other places whereir such

national-defense material is being produced,

manufactured, repaired, stored, mined, extracted, distributed, loaded,

unloaded, or

transported, together with all machinery and appliances

contained; and all forts,

arsenals,

navy yards, camps, prisons, or other

installations of the Armed Forces of the United States.

"The words 'national-defense utilities' include) all railroads,

railways,

electric lines, roads of whatever description,

railroad or railway fixture,

canal, lock, dam, wharl, pier, dock, bridge, building, structure, engine,

machine, mechanical contrivance, car, vehicle, boat, aircraft, airfields,

lanes, and fixtures or appurtenances thereof, or any other means of transporta-

tion whatsoever,

whereon or whereby such national-delense material, or any

of the United

States,

are being or may be transported either within

the linits of the United States or upon the high seas or elsewhere; and all

DEMORIG

ILL INFORMATION CONTAINED

PREIN IS UNCHASSITIEN

DATE 171270CBYSP2AAA

HH 55227 DocId:32989654 Page

58'

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airconditioning systens,

ns, regervoirs,

agueducts,

waterland gas mains

•anjl papes, struetules, and

ildings, thereby or "in connect

with which

all,. water or gas

be furnished

to any national-def.ense

the Armed forces öf the' United states, and all electric' light and power,

steam or paeumatic power,.

thé mainte-

lacilities of communication

to any national-delense premises or to the armed

Forces of the United States."

Fortifications, harbor defenses,

or defensive sea areas

*Whoever willfully trespasses

upon, injures, or destroys any of the works or

property or material of any

submarine mine or torpedo or fortification or

harbor-defense system owned or constructed or in process of construction by

the United States; or

"Whoever wilIfully interferes with the operation or use of any such submarine

torpedo, fortification, or harbor-defense system; or

"hoéter knowinsly, williully, or wantonly violates any duly authorized and

promulgated order

or reguiation of the President governing persons or vessels

the limits of defeisive sea areas, which the President,

of national defense, may from time to time establish by executive order-

*Shall be fined not more than $5,000 or imprisoned not more than five years,

or both."

Destruction of war material, war premises,

72) hoerer, when the united states is at max, ox"

in times

pational

emergency as

declared by the"president or by the Cöngress, with

injure, interfere with, or obstruct the United States or

any associate nation

in preparing for or carrying

on the war or defense activities,

or, with reason

to believe that bis act may injure, interfere with, or obstruct the United

States or any associate nation in preparing for or

carrying on the war or

defense activities, williully injures, destroys, contaminates or infects, or

attempts to so injure,

contaminate or infect

any war material,

Prcg Me Cей, thôià Ủó tóú suù muat nau Pru,u0O ui inprisoneu

not more than thirty years, or both.

"(b) II two or more persons conspire to violate this section, and one or more

such persons do any aot to effect the object of the conspiracy, each

the parties

such conspiracy shall be punished as provided in subsection (a)

of this section."

Production of defective war material, war premises, or war utilities

*(a) Whoever, when the United States is at war, or in times

of national

emergency as declared by the president or by the congress, with intent to

injure, interfere with, or obstruct the United states or any associate nation

In preparing for or carrying on the war or defense activities,

to believe that his aot may injure, interfere with, or obstruct the United

States or auy associate nation in preparing for or

carrying on the war of

defense activities, willfully makes, construots, or causes to be made or

constructed in a defective manner,

or attempts to make, construot, or cause

to be made or constructed in a defective manner any war

material,

war premises

or war utilities, or any tool, implement, machine,

utensil, or receptacle used

or employed in making, producing, manufacturing, or repairing any such war

material, war premises of war utilities, shall

be fined not more than $10,000

or imprisoned not more than thirty jears,

or both.

"(b) If two

or more persons conspire to

violate this section, and

of such persons do any act to elfect the object of the conspiracy,' each

the parties to such conspiracy shall be punished as provided in subsection (a)

of this seotion."

§ 2155. Destruction of national-defense materials, national-defense premises,

or national-defense utilities

"(a) Whoever, with intent to injure, interfere with, or obstruot the national

defense of the United States, willfully injures, destroys, contaminates

Iniects, or attenpts to so injure, destroy, ontaminate or infeot any

national-

defense material,

national-defense prenises,

or national-defense utilities,

shall be fined not more than $10,000 or imprisoned not more than ten years, or

2

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ATTETA3W2EOA11 4F9

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## Page 60

SECTION 86. SABOTAGE

86A. - B

*(b) If two or more persons

conspire to riolate this secti

and one or more

of such persons do any act to effect

the object of the conspiracy,

each of

ộ! this

the parisestion ual conspiracy shall be punished aa provided in subsection (a)

л.

$ 2156. Production of defeotive

national-defense material, national-defense.

premises, or national-defense utilities

"(a) Whoever, with intent to injure, interfere with, or obstruct the national

defense of the United States, willfully makes,

construots, or attempts to.

make or

construct in a defective manner, any national-defense material,

national-defense premises or national-defense utilities,

or any tool, implement,

machine, utensil, or receptacle used or employed in making, producing, manu-

facturing,

or repairing any such national-defense material, national-defense

premises

or national-defense utilities, shall be fined not

more than $10,000

or imprisoned not more than ten years,

•(b If two or more persons conspire to violate this section, and one or more

of such persons do any act to effect the object of the conspiracy, each of the

parties

to such conspiracy shall be punished as provided in subsection (a) of

this section."

Title 50, USC,

8797 (Public Law 831, $ 21)

"(a) Whoever willfully shall violate

any such regulation or order as, pursuant

to lawful authority, shall

be or has been promulgated or approved by

the

Secretary of Defense, or by any military commander designated by the Secretary

of Defense, or by the Director of the National Advisory Committee for

Aeronautios, for the protection or security of military or naval aircraft,

airports,

airport facilities,

vessels, harbors, ports, piers, water-iront

facilities, bases, forts, posts, laboratories,

stations, vehicles, equipment,

explosives, or other property or places subject to the jurisdiction, administra-

tion, or in the custody of the Department of Defense, any Department or agency

of which said Department consists, of any officer or

employee of said Depart

ment ur agenuy, us vi

Adrisury Committoo for dorozantice so asy

offioer or employee thereof, relating to fire hazards, fire protection,

lighting, machinery, guard

service, disrepair, disuse or other unsatisfactory

conditions thereon, or the ingress

thereto or

egress or removal of persons

therefrom, or otherwise providing for saleguarding the same against destruc-

tion, loss, or injury by accident or by. enemy aotion, sabotage or other

subversive

actions, shall be guilty of a misdemeanor

and upon conviction there-

of shall be liable

to a fine of not to exceed $5,000 or to imprisonment for

not more than one year,

"(b) Every such regulation or order shall be posted in conspicuous and

appropriate places."

[(National Advisory Committee for Aeronautics ceased to exist 9-3058, but

section 797 was not changea.)]

B. VIOLATIONS

1. [Title 18, USC, l8 2152 (Fortification, harbor defenses, or defensive

sea areas)

Willful trespass upon, injury to or destruction of any submarine

mine,

torpedo, fortification or harbor-deiense system orned, constructed,

or being constructed by the U.S.

millIul interierence

b.

c.

persons or vessels in defensive sea areas

2.

premises, or utilities during

Willful damage to war materials, premises,

to interfere with, or reason to

believe act will interfere with, war

or deiense activities

Willful production in defective manner of war materials, premises,

or utilities with intent to

interfere with, or reason to believe act

will interfere with, war or defense activities

Attempts to violate a or b

Conspiracy to riolate a or b

e.

National emergency was proclaimed by President 12-16-50

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86B - D

ou..

3.

SECTION 86. SABOTAGE

4.

$$ 2155 and 2156 (Destruction or defective production

• defense material, premises, or utilities. .These

statutes are applicable

In peacetime, .as.

well.as during a proclaimed national. emergency or war.)

Williul damage

with intent to intertere with nationat defense

national defense materials, premises or urallites

bo

Williul production in defective manner of national defense material,

premises,

or utilities with intent to interfere with national defense

0.

Attempts to violate a or b

d.

Conspiracy to violate a or b

Title 50, USC, $ 797

Willful violation of regulation or order promulgated or approved by

Secretary of Defense

or military commander

designated by him for protection

of property and places subject to jurisdiction of Department oi Defense,

its subagencies, or officer or employee of that Department

C.

VENUE

In judicial

district where illegal act committed.

Venue in conspiracy

riolations in any

judicial district where the conspiracy was entered into

or overt act occurs.

D. POLICY

1.

Cases to be investigated

Specific complaint with prima facie evidence that act of sabotage

has been committed.

b. Information that

actual or potential saboteurs are at large in the

Specific request from one of the military services for FBI in-

vestigation

of a definite allegation

sabotage even though the

is within the investigative jurisdiction

oflAir Force, Army, or

Navylunder the Delimitations Agreement.

The intelligence agency

with

investigative jurisdiction under the Delimitations Agreement

must be agreeable to

the FBI conducting

the investigation and

request must be made promptly after the incident occurs and without

prior investigation by another agency.

'a.

If inquiry

through local

other informed sources

cause of incident and eliminates possibility of sabotage, no in

vestigation is necessary.

Keep in mind in this connection that a

saboteur may be expected

to attempt to disguise his work as an

accident where feasible.

Instances of willful damage to or destruction, of aircraft in inter-

overseas,

or foreign air commerce are investigated under

destruction of

aircraft or motor vehicles statutes,

but bear in mind

sabotage violation could be involved. (See section. 117, volume IV,

of this manual.)

2.. Alleged plots of

Information is frequently received indicating an act of sabotage

will be committed. It is often impossible to check the

accuracy of such information.

Take the following action immediately:

Advise Bureau by teletype.

Advise local representatives offAir Force,

Army, and Navy in-

telligence agencies; ]local police; and officials of plant,

facility, or utility involved.

(3) Conduct any logical investigation to ascertain basis for report.

In disseminating information

regarding an alleged plot of

sabotage,

the circunstances surrounding the receipt of the report should be

outlined and the facts allowed to speak for themselves. Do not

attempt to evaluate the information

for other agencies and specifi

cally advise them no evaluation has

been made.

HH 55227 DocId:32989654 Page 61

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..:"

SECTION 86. • SABOTAGE

86D

WINN

Protection of lives

and property in connection

.of..s.abotage is

responsibility of company or military establishment

involved and-local

authorities..

Decision regarding action.to.be..

taken or searching for alleged bombs will not be made by Blain

to participate

in searches for suspected bombs or

assume responsibility for handling bond devices.

Reporting acts of sabotage or industrial catastrophes

Advise Bureau by telephone, teletype, or airtel of:

Any specific complaint of sabotage or any allegation regarding

which investigation conducted

Catastrophes of national interest

advise local representatives of interested intelligence agencies.

0.

Keep Bureau advised of

pertinent developments.

d.

Information to furnish Bureau, if applicable:

(1)

Name and location of plant, lacility, or utility involved

Date and time oî occurrence

Available details

Government contracts involved

Identity of agency

with security responsibility and any

interested agencies

Estimated damage or production loss

Any hazardous conditions or carelessness involved

8

Salvage or repair work under way

9

Any information indicating the act resulted from labor union

activity, labor

dispute, or strike - including identity oi

union; extent and duration of dispute or strike; names of union

representatives and

subversive

any subversive tendencies; any evidence

influence: and names of, identifying data regarding,

and information iron office files regarding any logical suspects.

Statement as to whether investigation being conducted.

Latestigatice being conquinted,

fonta must he namplete to iustify

this course

action.

If no report being submitted, specific statement to that effect

When an airtel is used to advise the Bureau of a reported act of

sabotage, it must be accompanied by a letterhead memorandum,

for dissemination, containing all

pertinent information

relative to the alleged act of sabotage.]

4.

If damage reported as sabotage is definitely attributable to labor union

activity, labor

to ronna out tacts, advise Bureau (see 3 abora), and

dispute, or

conduct discreet inquiry if necessary

await Bureau instruc-

5.

Slowdown of production

Slowdown occurs

when employees intentionally reduce rate of production.

This might be sabotage during period of national emergency as a

deliberate plan by subversive forces.

If allegation of sabotage through slowdown received, make discreet

inquiry to develop facts

but conduct no investigation.

Advise bureau o1 complaint.

Teletype normally not necessary.

Submit closing report under character of sabotage. Include:

(1) • Identity of company

Contracts or production involved

and cause

Effect on production

Details of

union activity

Any indication of subversive activity

6. Biological warfare

Sections 2153 and 2155 include the words "contaminates or infects."

This specifically covers sabotage by bacteriological, chemical, or

radiological means.

sabotage could be used against personnel in defense industries,

nilitary personnel and establishments, foodstuffs and other material

to be used for national defense or the armed forces.

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86D ÷ E

• SECTION 86. SABOTAGE

attL

Such sabotage could be accomplished by the introdu

ion of bacteria,

•chemical agents, or radiological

agents in ventilating

systems,

ofany allegation. concerning bacteriological,

chemical, or radiogial" sadotage.

As preliminary investigative procedure determine from appropriate

authorities,

such as plant physicians, public health

services, or

agriculture departments,

whether cause of any epidemic or unusual

outbreak of disease has

been determined.

Title 50, USO,

8$ 851-857, requires

registration of any person

who has knowledge of or has received instruction

in espionage, counterespionage, or sabotage service or tactios of

a government

of a foreign country or a

foreign political party.

In investigating any reported act of biological, chemical,

or radio-

logical sabotage,

determine if there has been a

statute in addition to a violation of the sabotage statutes.

7. [Presentation of cases to Department

Sabotage cases are not to be discussed with the USA.

All questions

of law and jurisdiction and requests for prosecutive opinions

to be submitted to the Bureau for presentation to the Departnent.]

E.

INVESTIGATIVE PROCEDURE

1. General

3.

Procedure will depend on circumstances of particular case.

cases must be approached thoughtfully and aggressively.

b.

must be logical and complete.

arountan of partiular garditigations

The investigation of an actual instance of sabotage is not complete

until. the cause is established

and the identity of the subject

determined.

In a case of actual planned sabotage with intent to

injure the

national defense,

consideration must be given to deter-

mining if

associates or accomplices through thorough

investigation and surveillanie prior u aurichensivu.

2. Arson

2.

One of the most effective potential means

b. Determine il fire protection devices tampered with to make fire

more effective.

c. Make arrangements with local authorities if necessary to protect

d. Give

early consideration to establishing Bureau's jurisdiction

prior to

extensive investigative effort.

e b

Important step

in arson investigation is determining point in

building at which fire originated. Intertiew any witnesses immediately

ascertain:

Where was witness when fire occurred.

What attracted his attention.

Exact point where fire burning when first observed

time and general weather condition:

Technical information

of value to Laboratory, such as:

Color, intensity, and progress of flame, whether last or

Color and tolume of smoke

Unusual odors

Whether fire at more than one place

Were any explosions heard during fire.

General observations, identity of other witnesses,

or suspicious

lo1. circumstances

Action taken by witness alter discovering fire

--

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CTION :86 / SABOTAGE

86E

wife Il fire, occurred in manufacturing plant, witneas should be: questioned

with regard to

employment and activities

and also questioned

prysical.conditions.in.plant/manufacturingprocesses type..of/raw.a

115.405

material, and other information to determine if fire hazards were

present, which could have caused accidental or spontaneous combustion.

Question witness concerning

smoking habits of employees and experience

concerning any previous fires.

Check records of local fire department; interview fire department

official

at scene for

leads.

b.

Make intensive search

at point of origin to determine method of

incendiarism.

Pay particular attention to obtaining suspect devices

i.

or materials to send to Laboratory.

Important that materials submitted

to Laboratory be accurately

described as to place,

position, and location where found.

k.

1.

Consider value of obtaining photographs.

Search adjacent terrain for evidence,

such as footprints, finger-

prints, containers which may hare contained accelerant used, eto.

Investigate

all suspects fully not only with regard to evidence

pointing to

them but to background indicating motive or intent.

Set out below are some suggested sources for background investigations

01

suspects:

Associates

Credit

and

arrest records

Bank accounts

State income tax returns

5

Character and reputation, including discreet neighborhood

(6)

inquiry

Records of Government agencies, INS, larmed forces intelligence

agencies, letc.

Fellow employees

Telephone toll calls

Telegrams

11

(12)

Surveillance, if warranted

Develop reliable informants in position to observe subject's

(13)

activities.

Obtain complete physical description, including nationality

and/identification record.

3. Sabotage by explosives

Investigation follows general outline as for arson cases.

Careïul examination of

scene should be made for bomb fragments,

dynamite fuse, detonators,

and dynamite wrappers.

type of evidence should be submitted to

blasting to fBI Laboratory for examination.

Also 100k Ior lootprints, fingerprints, and other types of evidence.

Obtain complete photographs of

d. Assume no responsibility for handling

Investigate

uspects along lines as indicated in previous sectio

arson.

4. Mechanical sabotage

8.

These cases in majority and cover wide variety of destructive acts.

b. Obtain all details Irom original complainant so that investigation

may be intelligently planned and approached.

Establish jurisdiction early in investigation.

d.

Where foreign material caused damage, obtain in order to trace to

Submit material

to Laboratory where proper.

e.

When damage occurs from foreign substance in lubricants or luel,

important to obtain suificient quantity for FBI Laboratory

examination.

Suggested

one gallon be

obtained if possible.

Where

amount involted, the sludge which has settled to bottom should

also be obtained and

transmitted for laboratory examination. Samples

of unused stock of oil or luel intolved should also be forwarded to

Laboratory lor comparison.

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18603441

TION 86% SAROTAGE:

Where tools, cutting implements

part for rot laboratory compart to

involved,

obtain: damaged

with suspect tools when arailable.

wAll suspects.should be.rully lurestigated.see.prentous_sectzon.

Where incident is of recurring type,

give consideration to utilizing

dyestuffs as set forth in section 8,

Tolume I,

of this manual.

Where board of inquiry held by another Government agency,

should be examined for

possible leads.

Bureau will consider granting

authority for Agent to attend such hearings as interested spectator

in appropriate cases.

Defective manufacture of

war or national-defense materials, premises,

In addition to establishing the elements required by the statute,

establish whether the defectively manufactured material will or

did malfunction when put to its intended use and what damage will

or did result from this malfunction.

In order to establish

this, the following suggestions are made:

Determine the exact function of the defectively manufactured

material.

(33

Determine the nature of the defect.

Deternine how this

defect will affect the intended function

of the material.

The following investigative procedures have been found to be of

assistance:

(1)

Establish requirements or specifications for material by

Government

Provisions of contract

Established trade practices

(2)

Establish existence of any deviation from requirements.

I-bearion Coternment no plant reficials.

( 6)

(3)

(4)

Specimens of

•i mens natter otte mateorat to be submitted to laboratory

'wherever practicable

To establishpossibility of injury or damage from use of such

material when put to

intended use, consider testimony from one

of following sources:

FBI Laboratory

Naty, Air force, or other Government expert

Expert in private industry

Officials of company involved

Subjects of the investigation

(5)

Establish that subjects deliberately manufacturing defective

materials.

Review correspondence between manufacturer and purchaser.

¿ Determine if manufacturing done surreptitiously:

Establish

purchase and use of equipment not ordinarily

used in this manufacturing process.

Establish whether contracting parties or Government agencies

have objected to defective material or improper processes.

(6)

Establish motive on the part of subjects.

Foreign sympathies

Desire to increase profit

Desire to maintain production

General comments

If material manufactured

for military, advise local representatives

lof Air Force, Army, and Navy

intelligence agencies.] Request

their assistance in determining where material being used and

arranging lor examination of material.

6. Aircraft crashes

The following instructions pertain to deliberately caused crashes of

aircraft connected with the national defense which are not corered

by the destruction of aircralt or motor vehicles statutes.

section 117, volume IV, of this manual for instructions regarding

investigations under destruction of aircraft or motor vehicles

statutes.

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it stile

SECTION. 86: SABOTAGE

86E:

to areas bs cantra

Majority of

es öf such

aircraft result fron

auses other

than sabotage.

•To determine cause requires technical knowledge.

Cases will normally be referred to BI after cause of crash

establishes:

of crash has been properly identified and protected and that

adequate expert testimony is available to establish cause of crash

in any subsequent prosecution.

FBI may conduct investigation to

establish cause of crash or

special circumstances, ake charge of investigation before

exact cause of crash determined.

Specific Bureau authority must be

obtained in such instances.

Some suggested investigation

establish cause of crash follows:

Careful systematic examination of wreckage

Photographs or sketches showing

Entire crash

scene fron

Close-up views from various angles

Photographs of parts torn loose

Photographs of instruments and levers in cockpit

Photographs of marks made by airplane on ground

Persons to be interviewed for information

Crew members or other survivors

Persons who heard the plane before the crash

Eyewitnesses

Radio operators in contact with the plane

Ground crew members and mechanics who

serviced plane

(4)

Information to be sought from witnesses on intertiew

Maneuvers of plane prior to crash

Did plane appear to be out of control.

Did plane dive into ground or was landing attempted.

Were all engines operating.

(5)

Did plane come apart in flight.

Did engines sound normal.

Was pilot lost or over unfamiliar territory.

Was plane on

scheduled course.

Was landing attempt in accordance with normal procedure.

Was plane in radio contact.

Dia plane's crew experience any mechanical difficulty.

Was log maintained while plane in flight.

Were any defects noted during previous flights.

Weather conditions at time of flight

In determining condition of airplane or

functioning at time of crash, it is important to observe and

carefully note exact position of all instruments in cockpit,

such as fuel tank selectors,

switches,

throttles, etc.

condition

of all control

noted.

From

observation

carefully

these items and discussion with

persons experienced

in handling aircraft,

the condition of the

plane

and

action being taken by pilot can

often be

determined.

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86E - H

• SECTION, 86.

• SABOTAGE

le serve Orfi

cer's

C

orps

cases

3.

Department has determined

that ROIC facilities constitute

national-

defense or war premises within meaning

?°

adeliberate attack byarson, bombing, fire bombing:

Piro bombing or other means

means

would possibly be ariolation of title. lorfollowed in this particular

008 2153 21d 21550:1113

procedure's

type òf case in order to provide information desired by Department..

for

(I)

For a complete investigation all pertinent individuals must be

interviewed, including members of college or university community

unless compelling reasons to the contrary exist.

(2)

Develop existence

of any plans for protest demonstrations or

other acts designed to dramatize opposition to ROTC training.

(3)

(4)

Submit any leaflets and/or other publicity afforded anti-ROTC

protest demonstrations

as enclosures to communications to Bureau.

Identify specific property belonging to ROTC unit which was

damaged or destroyed; obtain a complete inventory of all property

maintained by ROTC unit.

(5)

(o.)

Obtain

an estimate of

actual cost in damage to ROTC Lacility and

any ROIC property damaged

or destroyed.

Obtain details as to ownership of ROIC facility, including

information as to funding and control of space of that facility

utilized

for ROTC training.

(7)

(8)

Determine specific manner by which ROIC unit is identified on

exterior of building.

Determine whether ROIC training is compulsory

or voluntary. If

a subject is developed,

determine whether

was denied,

previously afforded, or is currently engaged

in ROIC training.

(9)

Through investigation determine whether subject made any pre-act

or post-act statements which would aid in establishing his

specific intent to commit

sabotage.

F.

SUBMISSION OF REPORTS

1. Initial report in two

weeks

after complaint received

2.

Subsequent reports to be

submitted in accordance

with existing Bureau

reporting procedures

G. CIASSIFICAIION - 98

F. CHARACTER - SABOTAGE

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## Page 68

CTION 88, SEDITION

88A

SCATUTES_

Title 18, USC, $f 2387, 2388, and 2391

2387.

Activities affecting armed forces generally

* (a)

Whöever, with intent to interfere with, impair, or influence the loyalty,

morale, or discipline of the military or naval forces of the United States:

" (1)

advises, counsels,

urges,

or in any manner causes or attempts to

cause insubordination,

disloyalty, mutiny

or refusal of duty by any member

of the military or naval forces of

the United States; or

which advises es as atte

distributes or attempts to distrioute any written or printed matter

urges insubordination,

disloyalty,

mutiny, or

refusal of duty by any member of the military or naval forces of the

United States

"Shall be fined not more than $10,000 or imprisoned not more than ten years,

or both, and

shall be ineligible for employment by the United States or

any department or agency thereof, for the five years next following his

_conviction.

*he not us a to can the united states, the Navy,

the term military or naval forces of

the United States' includes

Air Force,

Marine Corps, Coast Guard, Naval Reserve, Marine Corps Reserve, and Coast

Guard Reserve of the United States; and, when any merchant vessel is commissioned

in the Navy or is in the service of the

Army or the Navy, includes the

master, officers, and crew

of such vessel."

2388.

Activities affecting armed forces during war

when the United States is at war, willfully makes or conveys

false reports or false statements

with intent to interfere with the operation

of the military or naval forces of the United States or to

ananato the currace of ite anomied an

"Whoever, when the United States is at war, willfully causes or attempts

to cause

insubordination,

disloyalty, mutiny, or refusal of duty,

in the

military or naval forces of the United States, or willfully obstructs the

recruiting or enlistment service of the United States, to the injury of the

service of the U.S..,

or attempts to do so--

*Shall be fined not

more than

$10,000

or imprisoned not more than twenty

years,

or both.

* (b)

If two or

more persons conspire to violate subsection (a) of this

section and one or more such persons do any act to effect the object of

the conspiracy, each

of the parties to such conspiracy shall be punished

us provided in

said subsection (a).

'(a)

Whoever harbors or conceals any person who he knows, or has

reasonable grounds to

commit,

believe or suspect, has committed,

or is about to

an offense under this section, shall be fined not more than $10,000

Lor imprisoned not more than ten years, or both.

* (a)

This section shall apply within the admiralty

and maritime jurisdiction.

of the United States, and on the high seas, as well as within the United

States."

§ 2391.

Temporary extension of section 2388

"The provisions

of section 2388...in addition to coming into full force

and effect in time of war shall remain in full force

and effest until six

months after

the termination of the national emergency proclaimed by the

President on December 16, 1950...or such earlier date as may be prescribed

by concurrent resolution

of the Congress, and acts which would give rise

to legal consequences and penalties under section 2388 when performed

during a state of war shall give rise to the same legal consequences and

penalties when they are performed during the period above provided for."

HUMORTG

ALL INTORMACION CONTAINED

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88B -D

SECTION 88.

SEDITION

B. VIOLATIONS

10 $ 2387

A person with intent to intertere with, impair, or influence loyalty,

or discipline of military or naval forces

of the U.

b. Advised,

, counseled, urged, or in any manner caused insubordination,

disloyalty, mutiny,

or refusal of duty by any member of the military

or naval forces of the U. So, or

Person with intent to interfere with, impair, or influence loyalty,

morale, or discipline

01 military or naval forces of the U.S., dia,

ór attempted to

Distribute any written or printed matter which advised, counseled, or

urged insubordination,

disloyalty,

mutiny,

any member of military

or naval forces of

or refusal of duty by

2.

the U.S.

a.

Person willfully made or convexed false reports or statements

when U.

war, or during period of extension of

this section

section 2391 with intent to interiere with operatior

enemies, or

b.

Person willfully caused or attempted to cause when U.S. at war or

during the period of

extension of

this section provided

2391 insubordination, disloyalty, mutiny, or refusal of auty in

military or naval forces of U.S., or

c.

Person willfully obstructed the recruiting or enlistment service

of U.S., when U.S. at

during period of extension this

in section 2391, or

d. Iwo or more persons conspire to violate this section and one or

more such persons perform any act to effect the object of conspiracy:

Persons barboring or concealing any person, auuring un javing ivaii:

to believe he committed or was about to commit offonse under this

section

DEPARTMENTAL OPINIONS

To assist in determining types of utterances which fall within prohibitic:

of sedition statutes,

Department of Justice has designated following tyre:

of statements as being within prohibition of statutes:

False statements of fact in time of war intended to interfere with

the prosecution of war

b. Utterances in time of war which cause or attempt to cause insubordi-

nation in armed forces

Utterances which have the direct effect of obstructing enlistment

or the operation of the draft

-do Advocacy of armed revolt or overthrow of Government by force and

2. Above types of utterances not considered all-inclusive of possibilities

presented by sedition statutes but only guides

D.

POLICY

1.

Department of Justice has advised that USAs are not to authorize prosecu

tion without prior departmental authority in each individual case; therein

no request should be made of USA for institution of prosecution. (Departes

has instructed, however, that in all cases involving sedition in which

facts

justify consideration copies of reports should be designated for ti

office of interested

Copies of reports will be referred to Department by Bureau

relative to prosecution. / Should the USA authorize prosecution,

in accordance with his instructions since it is presumed he will have

complied and obtained prior authorization.

action is authorized by a local USA and no advice from Bureau has been

received indicating knowledge that this action has been approved y

the Department, immediately advise by telephone or teletype of aotier

taken.

In order for

investigate all cases involving the distribution of seditious

literature and be aware of all such publications, make necessary

arrangements to be advised of all publications in your district wich

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SECTION 88.

SEDITION

88D - E

......

might be considered seditious.

Within 24 hours after seditious article

reaches general public,

each field office must prepare teletype summars

of article for Bureau

which must be followed by two copies of publica

tion in which it appeared.

such articles will be of type which reflect

race prejudice, anti-Semitism

and material tending to cause disunity.

all meetings of organizations engaged in seditious activities

and bring to attention of

Bureau statements of

seditious nature

or having propaganda significance by most expeditious means warranted.

E• INVESTIGATIVE PROCEDURE

Ascertain whether persons involved

are civilian or uniformed

personnel of Army, Navy or Air Force.

Ascertain whether

offense occurred on military or naval establishment,

reservation, base, field, port or harbor, under jurisdiction of Army,

or on merchant vessel commissioned in Navy or

or Navy.

If so, communicate facts to proper official of Army or Navy or Air

and conduct no investigation until a request is received through

proper channels.

General investigation should

seek to establish identity and location

of all witnesses.

All persons present when words spoken should be

interviewed immediately and made matter of record before lapse of

may impair

effectiveness and probative value of their testimony.

Important to

greatest detail factual

language was used since necessary part of proof in sedition case.

If member of armed forces present, ascertain name, address, rank,

branch of service and serial number.

If men having obligations

under Selective Service Act present,

ascertain locality,

service status of each

such witness in addition to

oner identiiiauir infurmaiivi.

determine whether or not speaker was aware of presence of member of

armed forces

or persons having obligation under draft laws.

speech was public in nature and delivered to audience,

in detail circumstances under which made.

Inguiry should establish

whether speech was delivered extemporaneously or from prepared

Inquiry should include date, time and place of occurrence,

as chronology of events leading up to utterance of

seditious statements: Ascertain age, sanity, sobriety and general

demeanor of speaker.

Manner in which words

spoken has important

bearing on speaker's intent and must be clearly established before

will warrant prosecution.

Determine if words addressed

generally to all persons within sound of speaker's voice, were

spoken without prompting or in response to a question and determine

whether words expressed in a deliberate manner or in temperamental

outburst.

should be asked to evaluate effect of language upon

persons addressed.

Inquire whether result of

words was to arouse

patriotic ardor of listeners or whether its

effect was demoralizing.

Determine whether alleged

seditious

have been repeated by

other persons since

were first uttered

and with what

results.

Bear in mind possibility that

this investigation may uncover other

violations of

existing statutes,

such as failure to comply with

postal regulations,

income tax

or registration law requirements.

written or printed words

Investigation of seditious statements appearing in written or

printed material should include inquiries extending beyond analysis

and examination of alleged seditious

expressions themselves.

If statements appear in a publication regularly issued, obtain

copies of the publication circulated before and after issue in

question and analyze from standpoint of ascertaining its seditious

content and establishing criminal intent of prospective defendants.

statements should seek

to determine whether

statements are in fact

original or plagiarized reproduction or

quotation from other sources.

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## Page 71

88

SAULILON

d.

%.

h.

i.

k.

some cases, it may be necessary to

examine

content of each issue

for a period

several months to develop seditious character

of

publication. ' In such, cases, analysis oi any one issue may fail to

disclose clearly seditious

statements, whereas quantitative analysis

of number of issues may establish constant emphasis and frequent

repetition of

Half-truths, continual

slanting of facts,

habitual dishonest presentation and interpretation of world and

national events are cumulative in effect and may be seditious as

matter of law.

Efforts should be made to establish repetition

of same themes

and same treatment

of them in number of issues.

Completely identify group or organization responsible for authorship,

printing, and publication of printed or written material in question.

should not overlook possible collaboration,

sponsorship,

support and financial

assistance of outside individuals and other

organizations.

Consider possibility of subsidy and influence

by foreign sources.

Inquiry concerning foreign travel by principals

involved in investigation should be made and circumstances under

which travel undertaken fully developed.

Examine books of account, financial statements, and credit reports

of individual or organization under investigation, as well as

organization records having to do with membership, dues,

contributions,

and

correspondence.

Deleted

Take steps to locate and obtain records of printer

as soon as possible.

Printer's complete

job envelope

should be obtained and rough drafts

and corrected drafts of printed material examined.

Drafts may

assist in establishing actual authorship of article, collaboration

of others in its preparation, and that printed article is true

reproduction of material submitted to printer.

Examine mailing list

or other compilation of names of persons to whom

seditious material addressed or distributed.

Ascertain manner in

which list was compiled and source from which names obtained.

Determine who is responsible for distributior of publications and

whether intended to reach particular group, such as persons engaged

in national defense industries.

Ascertain whether persons responsible

for circulation made any

special efforts to distribute material among

members of

armed forces,

or persons having obligations under Selective

relatives of such persons.

Proof that publication reached specific identified members of above

groups will aid in establishing

that substantive evils which law seeks

to prevent have resulted.

Under first offense defined in Title 18, USC, & 2388, dealing

with false reports or

statements courts have held not necessary to

such false reports or statements were made to persons who are

or are liable to become members of the military forces.

With reference to mailing lists, efforts

should be made to determine

whether issues of publication distributed to persons outside U.S.

Determine

such publication exchanges mailing list or material

with other suspect publications.

Determine

if persons receiving publication are paying or nonpaying

subscribers.

Large cities have legitimate concerns engaged in business. of compiling

mailing lists of particular or selected groups for advertising and other

purposes.

Inquiry should be made of

such concerns to determine whether

suspected individuals or organizations contracted for preparation of

a mailing list.

from[U. S. Postal Service ]whether prospective defendants

second-class or other mailing privileges in connec

tion with

circulation of material under investigation.

If privilege

was granted,

examine statements filed with Postmaster General concerning

ownership, editorial control and circulation.

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ECTION S8ISEDITION

881

F.

VENUE

Department has advised no sedition case has raised question of venue.

Venue must in all cases

determined 'by

office of USA.

G. CLASSIFICATION - 14

CHARACTER - SEDITION

Where reports are prepared involving possible violation of sedition

statutes

and Selective Service Act, following rule as to character of

case

1.

is to apply:

Where individual endeavors to counsel, aid, or abet another individual

to evade provisions

Selective Service Act, case should ba carried

under character,

"Selective Servico Act "

2.

Where an organization counsels, aids,

or abets a group of individuals,

character should be shown as

"Selective Service Act

-Sedition."

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SECTION 95. TREASON

95A —6

A.

CONSTITUTIONAL PROVISIONS

Section 3, Article 3,

the Constitution of the United States provides:

"Treason against the

United States,

shall consist only in levying War

against them, or in adhering to their Enemies, giving them Aid and Com-

No Person shall be convioted of Treason unless

on the Testimony

of two Witnesses

to the same overt Act, or on Confession in open Court.

"The Congress shall have Power to declare the Punishment of Treason,

but no Attainder of Ireason shall work Corruption of Blood, or For-

feiture, except during the Life of the Person attainted."

B.

Title 18, USC, & 2381. Treason

"Whoever,

owing allegiance to

to their enemies, giving them

the United States, levies war against

and comfort

within the United States or elsewhere, is guilty of treason and

shall suffer death, or shall be imprisoned not less than five years

and fined not less

than $10,000; and shall be incapable of hold-

ing any office under the United

States."

Title 18, USC, & 2382. Misprision of

"Whoever, owing allegiance to the United States and having know-

the commission of any treason against them, conceals

does not, as soon as may be, disclose and make

known the same

to the President or

to some judge of the United States, or to

governor or to some juage or justice of a particular state, is

guilty of misprision

of treason and shall be fined not more than

$1,000, or imprisoned

nọt more than seven years, or both."

C. RELATED STATUTES

Title 18, USC, & 2389.

Recruiting for service against United States

soldiers or sailors within the United States,

or in any place

to the jurisdiction thereol, to engage

in armed hostility against the same;

"Whoever opens within the United States, or in any place subject to the

jurisdiction thereof, a recruiting station for the enlistment of

soldiers or sailors to serve in any manner in armed hostility against the

United States--

"Shall be fined

not more than $1,000 or imprisoned not more than five

18, USC, § 2390. Enlistment to serve against the United

Whoever enlists or is engaged within the United States or in

any place subject to the jurisdiction thereof,

with intent to

serve in armed hostility against the United States, shall be

fined $100 or imprisoned not more than three years, or both."

Title 18, USC, & 756.

Internee of belligerent nation

"Whoever, within the

jurisdiction of the United States, aids or

any person belonging to the armed forces of a belligerent

nation or faction who is interned in the United States in

accordance with the law of nations, to escape or attempt to

escape from the jurisdiction of the United States or from the

of internment prescribed, shall

be fined not more than

$1,000 or imprisoned not-more than one year, or both."

Title 18, USC, & 757. Prisoners of war or enemy aliens

"Whoever procures the escape of any prisoner of war held by the

United States of any of its allies, or the escape of any person

apprehended or interned as an enemy alien by the United States

or any of its allies, or advises, connives at, aids, or assists

escape, or aids,

relieves, transports,

harbors, conceals,

•shelters, protects, holds correspondence with, gives intelligence

to, or otherwise assists any such prisoner of war or enemy allen,

lter his escape from custody, knowing him to be such prisoner oi

or attents to commit or conspires

to commit

any of the above

acts, shall be fined not more than $10,000 or im-

prisoned not more than ten years, or both."

#MORIE

AIL INFORMATION CONTAINED

D1T5/7/21/00 BISPZALMTENG

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250 KE

SECTION 95. TREASON

"The provisions of this section shall be in addition to and not

in substitution for any other provision of law."

D.

ELEMENTS

1.

a.

bo

Person must owe allegiance to the United States.

applicable

all persons

owing allegiance

U. So, whether

citizens or aliens, domiciled or residing in U.S.

clear that

every individual owes fidelity and allegiance

Government in return for protection he receives from that

Govermment.

Citizen owes absolute and permanent allegiance

to his Government until he renounces his citizenship and

becomes citizen of another country.

Person must have performed overt act of levying war against

the U.S.

ACt OF LeVYInE War againSt lember accordinE to

court decisions, interpreted as where men meet opera

in armed

ray Ta such crowds that mace numbers supply elemente

Resistance to U.S. in its sovereign capacity is essential

To establish violation must have proof of prior

agreement,

intent,

and.of an overt act.

Waging of war against

U. So requires overt acts In furtherance of a plan

to over-

authority of the Government either in whole or in

some territory or political subdivision.

Overt act must be in

themselves do not constitute overt act within meaning of

Person must have performed overt act of adhering to enemies

of U.S., giving them aid and comfort within U.S., or else-

Applies

only to. acts done after commencement, of war

which would aid or assist enemy or tend to weaken

its conduct of war, such as trading with enemy, selling or

giving material or supplies to enemy, assisting enemy in

physical conduct

and furnishing information to enemy

which would be of assistance to enemy or injury to u.S.

Misprision of treason

owes allegiance to U.

Person had knowledge of commission of act of treason.

Person concealed this knowledge and did not immediately dis-

close it to president, some judge of the U.S., governor of

particular state or judge or justice of a partioular state.

E. INVESTIGAIIVE PROCEDURE

1. Treason involves breach of allegiance and is highest crime known

to this country.

It is only crime

embodied in the Constitution.

2.

Constitution expressly provides that conviction for treason

had only "on the testimony of two witnesses to the same overt

or on confession in open court."

3.

4.

Treason differs from other crimes in that there are no accessories,

all persons being regarded

principals.

Any evidence indicating possible violation of treason statute

should receive immediate, continuous and preferred investigation.

Bureau must be advised immediately of basic facts.

5.

Informants or individuals

who furnish information

indicating pos-

•sible violation of treason statute should be thoroughly and pain-

-stakingly interviewed to ascertain all available details as to

words, acts, documents,

letters, et cetera, upon which allegation

of possible treason based.

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SECTION 950 TREASON

6.

Information received from any source indicating that firearms and

ammunition are

being collected for possible.treasonous under-

takings. should be subject ef immediate

and thorough inrestigation

to ascertain details concerning type of firearms

ammunition,

source thereof, place of storage, andidentity of individuals in-

volved. Investigation must be pursued for purpose of definitely

determining whether arms or ammunition actually being collected

and stored in connection with treasonous plot or other possible

violations within Bureau's jurisdiction, such as neutrality laws.

Bureau should be immediately inforned of any information received

organizations purporting to be rifle

or gun clubs

reality, planning activities of treasonable nature.

should be subject to discreet investigation to determine

basis for suspicion of treason.

In latter connection necessary

to ascertain following:

Identity or individuals responsible or sponsoring organization,

together with information discreetly obtained concerning their

citizenship, reliability, and loyalty

information indicating any connection between the organ-

ization and any foreign government, political party, in-

dividual, corporation, or other association. Also, any con

nection between group

involved and

groups, organizations, or

individuals operating within U.S. and known to be disloyal

to. this Government.

Correct nature of

activities of organization being under-

This may be ascertained by ordinary investigative

efforts or utilization of confidential informants, surveil

lances, and other investigative

techniques.

7. In the event specific evidence obtained indicating possible

tacosonable flet on niortating: investigation must be pursued to

, determine entire ramifications

plot and identity of all indi-

viduals involved.

8. Actual investigative steps and methods will parallel those mentioned

in other seôtions of this manual in connection with national de-

•F. POLICY

The Department of Justice must specifically authorize prosecution in

each case.

Inquiry concerning Department's decision should be sent

to Bureau.

Go

Ireason - wiere act committed and if committed outside U.S. in

district where first brought or first found

2. Misprision oi treason - where report of treason should have been

H. CLASSIFICATION - 61

I.

CHARACIER - TREASON OF MISPRISION OF

TREASON

[

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....i

:!SECTION: 97." VOORHIS ACT

• 974'- D

As.

[C.

band twi

Do

STATUTE

Iitle "18, USC,' & 2386.

(The voorhds not was approved by the 7oth Congress

on 10m1/-40, and it became effective on 1-15-41.).

Registration of certain organizations

This act provides that the following organizations shall be required to

register with the Attorney

organization subject to foreign control which engages in political

activity;

organization which engages both in civilian military activity and

in political activity;

"Every organization subject to foreign control which engages in civilian

military activity;

organization, the purpose or aim of which,

or one of the purposes

aims of which, is the establishment, control, conduct, seizure,

of a government or subdivision thereof by the use of force, violence, military

measures, or threats of

any one or more of the foregoing."

act specifically exempts certain other organizations from the require

ment of regisiration, such

"(a) The armed forces

of the United States,

'b) The organized militia or National Guard of any State, Lerritory, District,

or possession of the United States, or

'"(c) Any law-enforcement agency of

the United States or of any Territory,

District, or possession thereof, or of any state or political subaivision of

¿ state, or of any agency or instrumentality of one or more States, or

" (a) Any duly

established diplomatic mission or consular office of

a foreign

government which is so recognized by the Department of state, or

nationally recognized

of persons who are veterans nf

the armed foxces of the United States, or affiliates of such organizations."

The aot outlines in detail the type of intormation desired

in the registration

statements.

STEP TAKEN BY COMMUNIST PARTI, USA, TO AVOID FROSECUTION UNDER THIS ACI

The Communist Party, USA, held, a special convention in New York City on

November 16 to 17, 1940.

This convention declared "that the Communist Party

of the USA in convention assembled, does hereby cancel and dissolve its organi-

zational affiliation with the Communist International, as well as any and all

other bodies of any kind outside the boundaries of the United States of America

for the specific purpose of removing itself from the terms of the so-called

Voorhis Act."

DEPARTMENTAL POLICY

[In 1941,

Department considered holding grand jury hearings under this

act at which leading Communist

Party lunctionaries would be subpoenaed.

The Japanese attack on Pearl

stopped any action in this regara.

When prosecutive action was initiated against the Communist Party and its

top lunationaries beginning in 1948, the Department selected the Smith

of 1940 (Title 18, USC

and the Internal Security Act of 1950

(Title 50, USC, 88

781-816) rather than the Voorhis Act.l

VENUE

Where the violation is the

failure to register, venue will lie only in the

District of Columbia; however,

aiders and abettors may be prosecuted in the

district in which

their criminal acts are performed, and conspiracy charges

may be prosecuted in the district in which

the conspiracy originates, or In

which any overt act thereunder takes place.

ALL INFORNATION CONTAINED

MATE 12/22/00 BX SPY ALTE

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97E

": :

PION PEN YORKIS ACD

F.

PENALTIES

Whoever victates any

of the provisions

of. this section saall be fined not

.:more than

"$10., 000

or

Imprisoned" not. mone

"that

five years' or both

"Whoever inà statement filed pursuant to this section willfully makes

any":

false statement or willfully omits to state any fact which is required to be

stated,.

or which is necessary to make

the statements made not misleading,

•shall

b'e

fined not more than. $2,000 or imprisoned not more than five years,:

or both."

CLASSIFICATION - 102

Go CHARACTER - VOORHIS ACT

[

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A.

SECTION 122. EXTREMISI MATTERS AND CIVIL UNR

122A..::

INVESTIGATIONS OF EXTREMIST ORGANIZATIONS AND INDIVIDUALS

For the purpose of this

section, extremist organizations and individuals

relate to black extremists, Klan and white hate extremists and American

Indian extremists.

1. General Guidelines

Investigative Jurisdiction

FBI investigations under this section are based on specific statutory

jurisdiction and Departmental instructions.

Investigations conducted under this section are to be directed to the

gathering of material pertinent to a

determination whether or not the

subject has violated, or is engaged in activities which may result

in a violation of one or more of the statutes enumerated below or in

fulfillment of Departmental instructions.

There are three principal statutes which provide a basis for these

Investigations, as follows:

Rebellion

"Whoever incites,

or insurrection (TIS, Ussists, or engages in any

sets on foot,

rebellion or insurrection against the authority

States or the laws

thereof, or gives aid

or comfort thereto,

shall be fined not more than $10,000 or imprisoned not more

than ten years,

or both; and shall be incapable of holding

any office under the United States."

"If two or more persons in any

Seditious conspiracy (T18, Usu state or Territory,

or in any

place subject to the jurisdiction of the United States, conspire

to overthrow, put down, or to destroy by force the Government

of the United

or to levy war againsi inem, ve iu vyyuse

or by force

i done the execution mee to tated settes

to prevent, hinder,

take, of possess any property of the United States

to the authority thereof, they shall each be fined not

more than $20,000 or imprisoned not more than twenty years,

or both."

Advocating the overthrow of the Government (T18, USC,

tate an or teen te overage, the batted stage

of the United States

or the government of any State,

Terry poll liste

District or Possess-

ot by the assassination of any

officer

"Whoever, with intent to cause

the overthrow of destruction

distributes,

written or printed matter advocating, advising, or teaching

violence, or attempts to do so; or

organizes or helps or

attempts to organize any society,

group, or assembly of persons who teach,

advocate, or encourage

the overthrow or destruction of any such government by force

or violence; or becomes of is a member of, or affiliates with, any

such society, group, of assembly of persons, knowing the

purposes thereof--

ALL INFORKATION CONTAINED

PREIN IS UNCLASSIFIC

125/7/22/00 B7 SP-ZALMATTE

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1122A: did

He SECTION. 122

XTREMIST MATTERS AND CIVIL UN

"Snall be fined not more than $20,000 or imprisoned not more

than twenty: years

•or both, and shall be Ineligible Ior employ

ment by the

United States or any department or agency thereor,

for

the five years next following his coriviction..

"If

two or more persons conspire

to commit any offense ramed

in this

section,

each shall be fined not more than $20,000 or

imprisoned not more than twenty years; or both; and shall be

ineligible for employment by the United States

or any depart-

ment of agency thereof, for the five years next following

his conviction.

"'As used in this section,

the terms 'organizes' and 'organize',

with respect to any

society, group, or assembly of persons,

include the recruiting of new members, the forming of new

and the regrouping or expansion of existing CLubs,

and other units of such societys statute to require advocacy f."'

classes,

The courts have interpreted this

action,

1.eo, advocacy to do something,

now of in the future,

rather

than merely to believe in something.

In addition to the three principal statutes outlined above, the tollow-

ing statute would pertain to investigations of Klan and other white

• hate groups.

(4)

Civil Rights Act of 1968 (I18, USC, $241)

In summary, this statute makes it unlawful for two or more

per citizen in the free exercise press joyment or

oppress, threaten, or intimidate

any right or

privilege secured to him by the Constitution or laws of the

United States.

Additionally, it prohibits two or more persons

going

in disguise on the highway or on une premises of anoner

with intent to prevent or hinder his free exercise or enjoyment

of any rights secured by the Constitution or the laws of the

United States.

b. Prosecutive Determination

All discussions pertaining to the prosecutive potential of investi-

gations initiated under this section will be conducted by FBIHQ with

Departmental officials. These cases should not be discussed with

local U.S. Attorney's office without FBIHQ approval.

c.

There are a number of other statutes under the FBI's investigative

jurisdiction which should be borne in mind in handling

these investi-

Information concerning possible violations of such statutes

is frequently developed during these investigations.

Where this

the field should consider the desirability of conducting

investigation in line with the policies and procedures governing the

statute in question.

A list of other Federal statutes which may arise during these investi-

gations is outlined in

Subsection 9 of this section.

d.

FBI Responsibility

The FBI has been charged by various Presidents with the responsi

bility to coordinate and collect all information relating to the

internal security of the United States, including information iron

all other Federal and local agencies.

See Section 102, Volume IV

of this manual.

This coordination and collection

responsibility is

not to be confused with our jurisdictional authority for conducting

active investigations, set out in A. lo a. above.

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122%

EXTREMTSI: MATTERS AND CIVIL UNRESP. n1224.

e.

The term

stremist activities' as used in this section denotes

•activities

which are aimed at

overthrowing, destroying..or under.

the government of

the United States

or any of its political

subdivisions by

illegal means or denying the rights of individuals

under the Constitution prohibited by statutes enumerated in A. 1..a..

above.. The term

"extremist organizations! denotes a group of

movement which is known to engage in or' advocate internal subversive.

or extremist activities as defined above.

f.

Predication for Investigation

In all cases handled under the provisions of this section, the first

communication prepared which indicates an investigation is being

Initiated (intraoffice memorandum, letter, airtel, teletype or report)

should show specifically the statute upon

which the investigation

is based together with all the supporting facts.

Such a predication

must be included in the first communication to FBIHO and the first

report or LIM prepared in each case.

Where investigation has been

specifically requested by Department, this should be indicated in

predication.

The following examples

for each individuat case must be sailore to wee circu

stances of such case.

"This investigation is based on information the subjects

activities may

be in violation of T18, USC,

82383 (Rebellion

or insurrection) and §2384 (Seditious

conspiracy). A source

whose reliability has not been determined has informed that

along with others, to travel to

to participate in planned

"shut down the Government.'

Demonstration plans include the

blocking of streets and physical obstruction to prevent

Government property,

destruction of personal and

Government employees from reporting to work."

(2)

"Ihis investigation is based on information the subiect's

activities may be in violation of The subject 1s an admitred

the overthrow of the Government).

82385 (Advocating

member (or has been identified

as a member by a confidential

source who has provided reliable information in the past) of

(name of group).

The (name of group) in its public statements

and publications

advocates the desirability and necessity of

overthrowing the U.

S. Government by force or violence, and

the assassination of U. S. Government officers.

The same source

has reported that the subject actively supports these positions."

(3)

"This investigation is based on information the subject's

activities may

be in violation of I18, USC, 8241 (Conspiracy to

Stave sees secured by the constitution of the laws of the Urited

supports this position."

1b

6-6-73

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2.

-SECTION. 12

EXTREMIST: MATTERS AND CIVIL.

ST

•122A

If the statutory basis for an investigation should change or be

expanded to include an additional

statute or statutes; the first

communication prepared

subsequent to such change of expansion should:

specificaliy show such

changes. .Similarly,.this information.should

be included in the next report or LHM prepared in the case.

Accuracy of Characterizations

Assure

that statements relating to characterizations of an individual

or organization, or relating to affiliations with or membership in

any organization,

are founded on a firm basis.

Identify sources for

such characterizations or statements of affiliation or membership

if such characterizations, affiliations or memberships are not

n.

commonly and publicly known.

Preservation of Evidence

Whenever conducting investigation which involves possible prosecution,

insure that admissible evidence is obtained and preserved.]

Investigations of Organizations

a.

b.

It is essential that reliable and knowledgeable informant coverage

be developed at all levels of organizations meeting investigative

crIterIa.

Pertinent information should be obtained and reported

concerning the following:

(1) Identity of organization, including address, location of any

ost office boxes, phone

number, and similar

data regarding

subsidiary units,

if any.

unarter, Incorporailon daid, ua vines uala jgaiding inisemation

of organization.

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122A:

SECTION, 122

TREMIST MATTERS, AND CIVIL UNR

(3)

(4)

Identities of principal officers.

estimated

Reports by office of origin

•concerning national groups should include a breakdown. of member-

ship by states.

(5)

objectives, as claimed by the organization and or as

determined

through investigation.

(6)

Summary of pertinent activities, including:

(a)

Acts of violence, terrorism or intimidation or pertinent

statements advocating or promoting such activities.

(b)

(c)

Other illegal actions.

Acquisition

of arms,

ammunition, explosives, or other

destructive devices.

(d)

Number of meetings or rallies held, both public and closed.

Include highlights with emphasis on information bearing on

extremist character of the organization.

(7)

(e)

Training and recruiting activities.

Finances, including pertinent data regarding bank accounts

monthly balances if available) and source of income

and expenditure.

(8)

Publications.

(9)

Foreign influence, if any.

(10) Connections with other extremist, subversive or revolutionary

groups.

(11) Miscellaneous.

Any information considered pertinent but not

• covered by the above.

Reporting Procedures

Frequency of reports. Submit initial report within 90 days.

Thereafter, office of origin should submit annual nonprosecutive

summary report (unless FBIHQ specifically directs that a

different reporting schedule be followed). This report should

provide comprehensive picture of national activities of the

organization, including concise summary of pertinent data reported

by auxiliary

offices.

Auxiliary offices should submit reports

to reach FBIHO and office of origin 45 days before the office of

origin's annual nonprosecutive summary report 1s due. It wilt

be the responsibility of the office of origin to appropriately

advise auxiliary offices of the annual reporting schedule.

(2)

Submission of letterhead memorandums (LHMs)• In

submission of reports as outlined above, all offices should on

a continuing basis keep FBIHQ (and office or origin, where

applicable) advised of significant information developed

concerning the activities of extremist organization. This

would include information concerning public rallies or

lemonstrations sponsored by group, information bearing on group's

acquisition of weapons, and informatior

regarding secret financial contributions, domestic or foreigne

Such data should normally be included in LHM and forwarded by

However, if actual or imminent violence is involved,

FBIHQ by telephone or teletype.

do Administrative Detail

Administrative pages of reports or cover pages of LHM should

specifically identify and state whether or not investigation being

conducted regarding active members who are identified in a report

or LHM.

In the event no investigation is being conducted, appropriate

justifications should be set forth.

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XTREMIST MATTERS AND CIVIL UN

122A n

:

3.

Indexing Names

••.

At the time: the annual: report. is: submitted on organizations, "all

offices should provide FBIHQ by. litter with a list of individuals,

with identifying data, who are members of extremist groups of

unaffiliated extremists whose names have not been included in any

prior conmunication. to the Bureau This is for Indexing purposes at

FBIHQ.

Investigations of Individuals

Criteria

Investigations should be initiated concerning following:

Officers of extremist organizations who are in policy-making

positions or who are able to direct activities of other

members of group.

All other members of extremist organization who have demonstrated

propensity for violence:

Persons who, while not affiliated with extremist organization,

have demonstrated strong extremist attitudes coupled with

inclination to employ violence.

Scope of Investigation

Pertinent information should be obtained and reported concerning-

following:

Background information including: check of indices; birth data;

residence and employment; military service, if any;

service status, if applicable; marital status; educational

arrest record, if

any; description of automobile,

including license number;

photograph; FBI identification record;

relatives; close associates; social security number; and physical

description.

Connections with extremist organizations and pertinent information

regarding extremist activities

or sympathies.

rull details concerning subject's propensity for violence.

Interview of subject.

The main purpose for interviewing

subjects of extremist investigations is to develop intelligence

information regarding extremist activities, Federal violations

in which extremists may be involved, and the evaluation or the

individual's extremist potential.

SAC may authorize

interviews with extremist orgánization members and officers up

level or lesser office. SAC may also authorize interview

of unaffiliated extremists.

Prior to interview of these individuals, conduct informant:

arrest, and indices checks on individuals to be interviewed.

Determine employment, establish not employed or connected with

any sensitive area requiring FBIHQ authorization for interview,

and prepare memorandum for SAC setting forth available facts.

Interviews with extremist subjects should be considered early

in the investigation in the absence of any information dictating

otherwise.

subject not interviewed, closing communication musi

show reason for not interviewing.

Rank-and-file extremists may

be interviewed on the authority

of SAC, however, prior FBIHQ

authority must be obtained for interviews of leaders of the

extremist groups (state level of above), individuals of national

prominence, civil rights organizations, educational institutions,

news media, religious groups, or other

sensitive areas.

Prior

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IZZA.

•SECTION 1220

EMIST, MATTERS: AND. CIV.IL..UNRES

FBIHQ authority.is also-required. for those. subjects having an

affiliation with known, subversive. groups.or foreign powers

(5)

(Utilize 'FD-336)

General

When good judgment dictates (i.e.,. for reasons of sensitivity.

of-security), two Agents should be present at interview.

safety of Agents participating in interview should be paramount

consideration in

arranging circumstances under which interviews

will be conducted.

FBIHQ authority is not necessary prior to

interview of extremist organization member in criminal or

applicant-type cases; however, confine interview to subject

matter of inquiry unless information concerning extremist

organization is volunteered by interviewee.

[(6)

candidates for or occupants of elective public office

Instructions relating to investigations of individuals in above

categories are contained in vol. III, sec. 87 C. 1 (f), of this

manual.]

Reporting procedures

Initial investigation

should be completed within 90 days after case is

opened.

Individuals investigated under these instructions should

be considered for inclusion in the Administrative Index (ADEX)

(see Section 87 Manual of Instructions for details).

It is not

desired that reports be submitted merely for the sake of reporting;

however, it is the responsibility of the field to assure that all

significant information is reported in a form suitable for dissemination

on a current basis.

whether or not an extremist subject 1s placed in

the ADEX is not the controlling investigative criteria.

The investigative

criteria should be followed as set forth in 3. a. above.

Our dissemination responsibilities should not be overlooked and FBIHQ

and olIce of or1g1n,

where applicable, should be kept advised on

a continuing basis of all significant or unusual activities on the

part of subjects especially where substantive violations are

Submit such information by teletype (suitable for

dissemination) or airtel accompanied by LHM depending on circumstances

involved.

d. . Informant development

If individual is cooperative upon interview and has potential

as

source, handle pursuant to instructions contained in Section 130,

Volume

IV of this manual.

e.

Foreign influence

When an extremist subject travels abroad, advise the Bureau by

teletype if situation

so warrants, submit IFM containing details

including passport information along with brief summary of extremist

activities.

Place stop with immigration authorities to assure

notification of return and

request that a search of luggage be made.

Upon return, submit follow-up LHM and intensify investigation to

determine subject's activities while abroad including contacts with

any known extremists residing

in countries in which traveled.

4. Extremist Photographic Album (EPA)

Purpose

Album maintained at each field office as aid in identifying individuals

in extremist field who travel or are likely to travel extensively.

Individuals to be included

Leaders of Klan and similar white hate groups, leaders of American Indian

extremist groups, and leaders of black extremist groups. Also

include extremists who are fugitives in Bureau criminal cases,

extremist informants who travel in behalf of their respective

extremist

organizations, and any unaffiliated extremist whose activities warrant.

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kir SECTICN: 122

EXTREMEST: MATTERS AND. CIVIL: LI

:122A:

...

Co:" Procedure for including individuals in EPA

On FD-432.type: required biographical data. Complete all items

'form indicating "none" or "unknown" if applicable.

Place osaginai

with photograph in individual's main case file. Prepare from

original.16 Xerox copies for Bureau and one Xerox copy for each

attach photograph to each

Procedure for 'amending information

on FD-432

Prepare new FD-432 incorporating necessary changes and distribute by

FD-432ao

Use FD-432a to distribute up-to-date photographs of

individuals included in EPA.

e.

Procedure for deleting

individuals from EPA

Submit recommendation in communication to Bureau utilizing caption

of individual.

Following receipt of Bureau approval, advise all

offices of deletion by FD-432a.

On receipt of deletion notice

remove FD-432 from EPA and destroy.

f.

Fugitives

FD-432 of extremist who is Bureau fugitive should not be marked

"fugitive" since Album is for identification purposes only and is

not to be used

as basis for fugitive arrests.

5. [Deleted]

)

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2A:

AS SECTION: 122.

MATTERS

IND. CIVIL

• 6.

Infiltration of law.enfofcement

organizations

Any information developed regaiding extremist affiliation.on paft of high-

ranking officers of state:police; sheriff's office, or local police depart.

ments should. be furnished to FBIHQ along

with your recommendation as to

whether or not such information should be furnished on a confidential basis

to the governor of state or some other appropriate local offiçial. Consider

advising head. of law enforcement agency whenever a subordinate is involved

No information should be furnished to the governor of the state or other

appropriate local official and/or head of law enforcement agency without

specific prior Bureau approval.. The data furnished to such individuals

should be furnished in writing and a draft of the proposed letter must be

submitted for prior FBIHQ approval at the time of submitting your recom

mendation.

In preparing information for dissemination concerning extremist affiliation

of law enforcement officers exercise care to protect informants and sources,

confine information to data reported by sources who have furnished reliable

in preparin?

letter you should state

basis in view of official responsibilities of addressee:

Letter should in-

clude statement that if any action is taken as a result of information, ex-

tremist affiliation should be established by independent investigation, as

Bureau is unable to produce witnesses to testify at any hearing.

7.

Results of investigation on extremist organizations or individuals

be furnished locally

to Secret Service and to the local branches of

other Federal investigative agencies having a clear-cut interest.

¡see section si, manual

or instructions for more detailed InstructIons

applicable to extremist investigation.

8.

Urban Guerrilla Warfare

(Similar instructions apply to section 87, Manual of Instructions, item C4.)

2.

General investigative guidelines

Urban guerrilla warfare concerns terrorist activities against law

enforcement and established institutions including:

"Expropriation" of property by robberies or burglaries.

Thefts of weapons, dynamite, or other materials appropriate

for bomb manufacture.

refineries, peril oryny matey and lament facilities.,

Unprovoked

attacks on and ambushes of police.

Armed attacks on police facilities.

Aircraft hi jackings.

Political kidnapings.

bo

Action to enable revolutionary prisoners to escape from confinement.

ti

O.

Purpose

(a)

Io obtain sufficient datà to identify terrorists, nature of

their activities,

and organization, if any

(b) To insure appropriate prosecutive action of Federal

violations involved.

(c) To assess the urban guerrilla threat to internal security

of country.

(d) To keep Department and other appropriate Federal and local

agencies advised on a continuing basis of these terrorists

activities.

(2) General Policy

(a)

With occurrence of any incident containing possible or

is to be promptly

assessment is made as to whether or not the incident was in

any way involved with extremist or revolutionary activity.

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[

(3)

SECTION 122

TREMIST MATTERS AND CIVIL UNR

122A

I..

If Bureau violation involved, one communication with

caption including character for substantive violation

"followed by "Extremist Matters', Possible: Urban

Guerrilla

Activities'' orl' Subversive Matters-

Violence - Possible Urban Guerrilla Activities'"

whichever is appropriate..

:If no Bureau substantive violation apparent, but

indications

of urban guerrilla activity are

a new case is to be opened in the field and preliminary

inquiries instituted to determine if extremists

revolutionaries are involved.

Bureau to be advised by

communication under a caption descriptive of incident,

including character, but to include "Possible Urban

Guerrilla Activity."

Communication should set forth basis for inquiry.

(B)

Contemplated investigation should be succinctly

described.

(b)

When a significant instance of urban guerrilla activity

cakes place, Bureau will instruct appropriate field office

to submit "Incident Profile'' by airtel to all offices

captioned "'Urban Guerrilla Warfare, (Place and Date),

[Extremist Matters (or Subversive Matters) - Violence -

Incident i should eschee resent eue identities

of individuals involved

as well as general modus

operandi.

should highlight newly learned or repeated

indicators of urban guerrilla warfare with

appropriate

conments iu assisi ail ufficos in identifyino,

investigating, and controlling urban guerrilla terrorists.

III. Offices receiving will insure indexing afforded same,

and all appropriate personnel are notified of contents.

(c) Results of investigation are to be submitted in form

suitable for dissemination on a timely basis.

I.

If Bureau violation involved, initial report should

contain character in addition to substantive violation

involved as "Possible Urban Guerrilla Warfare."

Three extra copies of such reports to be submitted to

the Bureau in addition to number otherwise required.

II.

If no Bureau violation involved, submit results by LHM

under appropriate descriptive caption and character to

include "Possible Urban Guerrilla Warfare."

Five copies

(as deport one are tie and 5213 angel at d

acts are to be handled also in compliance

with instructions set forth in Section 144, "Police Killings,"

Data to be developed

(a) Method of operation in committing terrorist acts or criminal

(b)

activities.

Identities of all individuals involved, determining back-

ground, extremist of revolutionary affiliations, associates,

and contacts.

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[

EMIST

MATTERS AND CIVIL UNRE

.(c.)

(d)

(e)

(f)

(g)

•(h)

(i)

Identities of groups or persons assisting these

terrorists

such

as courlers, providing.

"safe houses," supplying weapons

or otherwise assisting

Methods of transportation.

Communications systems and codes utilized.

Revolutionary material possessed' and source of same where

possible: Furnish copies. to Bureau

Manner in which false identification obtained and/or

utilized.

Possession of weapons and/or explosives and incendiary devices.

Determine source of same.

I.

Check NCIC, state and

I Federal firearms registries,

and where

possible, institute factory tracings to

establish

source of

all weapons.

Source of funds.

Be alert to recent acts of expropriation

which may have been committed locally.

Association or affiliation with extremist or revolutionary

(j)

Co

Investigative procedures

(1)

Recovered weapons and ammunition to be submitted FBI Laboratory

for firearms identification examinations and

appropriate comparisons.

(2)

(3)

Ascertain origin of items of all false identification.

Any handwriting located and/or handwriting specimens obtained

should be submitted to FBI Laboratory for comparison against that

in file of known extremistsland revolutionaries.]

(4)

All latent prints obtained are to be sent FBI Identification

Division

for comparison against either Black Extremist or White

(5)

Extremist, sections of Tatent Fingerprint. File.

NCIC is to be queried on all names utilized, as well as that of

(6)

(7)

true identities established.

All telephone numbers utilized

should be submitted to Data

Processing Section for check of Computerized Telephone Number File.

Where individual identified has not been subject of prior investi-

gation, institute investigation promptly.

(8)

all vehicles and license plates possessed by terrorists

against NCIC and determine source.

(9)

(10)

Maintain close liaison with local authorities.

and sources must be continously targeted for development

of information concerning urban guerrilla warfare acts as they

are developed.

(11)

Preplanned acts of violence uncovered must be afforded immediate

(12) Delestigation, reporting, and necessary dissemination.

d. Coordination of urban guerrilla activities

Responsibility for coordination of these matters to be placed on desk of

field extremist supervisor in each office.

(1) Coordination will involve analysis of pertinent data received

from Bureau and other field divisions to insure indicators of

this type of activity occurring in each division are promptly

recognized and appropriate investigation instituted.

(2)

Afford close liaison in these matters between all Agents regardless

of assignment.

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SECTION 122.

EXTREMIST MATTERS AND CIVIL UNREST

122A

(3)

Maintain close liaison with local authorities to insure urban

"guerrilla activity is immediately referred to Bureau's attention.

9..

Statutes

•ao

Department has noted possible applicability of following statutes to

investigations

of estremist. mätters." These should be börne in mind

and possible violations should be promptly and vigorously investigated

and Bureau kept advised of all developments.

Detailed discussions of

these violations appear in Manual of Instructions.

(1)

Rebellion or insurrection

Title 18, USC, $ 2383

Proscribes the

inciting or engaging in any rebellion or insurrection

(2)

against authority of U. S.

Seditious conspiracy

Title 18, USC, $ 2384

Proscribes conspiring to overthrow or to destroy by force the

Government of U.S. or to oppose by force the authority thereof

of by force prevent, hinder, or delay the execution of any law

(3)

Advocating overthrow of Government

(Smith Act of 1940)

Title 18, USC, $ 2385

Proscribes advocacy of overthrowing Government of U. So, Or

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

by force or violence.

Activities affecting

armed furces luring wat

Title 18, USC, $ 2388

Proscribes making or conveying a false report with intent to

interfere with operation or success of U. S. military or naval

forces or to promote success of its enemies, or counseling

insubordination, disloyalty, or mutiny in the armed forces.

fitle 50 Appo, USC, $ 462

Violations most likely to be encountered are counseling, aiding

or abetting, refusal or evasion of any duty under the act or

regulations, and interfering with administration of act.

Cravel and interstate transportation

(a)

Title 18, USC, $ 1952, covers interstate travel to commit

(b) Title 18, USC, § 837, covers interstate transportation of

explosives.

Assault or killing of Federal officers and employees

Title 18, USC, 8 111, 1114, 2231.

Destruction of Government property

Title 18, USC, 8:1361

National Fireams Act (Title 26, USC, $$ 5812, 5822, 5842,

5844, and 5861).

State i Posm Cont 01 Assesta de At armS S (title 21-928)

ApP•, USC, 8$ 1201-1203).

Crimes on

Government reservations

Antle of a a 13, 81, et 21.

Antiriot

.: 245 (b) (3),

Title 1 102 (88 2102-2102), and Chapter 12 (88 231-233).

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122A - B

SECTION 122

XTREMIST MATTERS AND CIVIL UN

teeperittenior!

•?::

B.

10.

(12) Conspiracy

Title 18, USC, § 371

Department has

emphasized

importance.of

collecting

and.reporting

all facts concerning possible schemes ỏr conspiracies by any

group. 01: whatever size, effectiveness; or alliliation, to:plan,

'or aggravate r1ot activity..

(13)

incendiary devices and bomb threats

Title 18, USC, $ 844.

(14)

Act for the Protection of Foreign Officials and Official Guests

of the United States.

(15)

Various Civil Rights

Statutes.

(16)

Hobbs Act.

(17)

Registration Act.

CHARACTER

Extremist Matters character (abbreviated EM) should be used as follows:

a.

Organization

b.

Extremist Matter

Individuals

(1)

John Doe

Extremist Matter - BPP

• (2)

John Doe

Extremist Matter - Klan

(3)

John Doe

Extremist Matter - AIM

C.

Unaffiliated Extremists

(1)

John Doe

Extremist Matter - Black Extremist

it Jum Duo

Extremist Matter - White Hate

(3)

John Doe

Extremist Matter - American Indian

CIVIL UNREST

1.

Responsibility of Bureau

Information concerning nationwide racial conditions and developing racial

trends is required from intelligence standpoint.

Any activities on part

of individuals, groups, or organizations which present potential for

or other incidents are of interest

and should be cemeted to suede atonation of this nature should be

disseminated to interested Government agencies locally, including Secret

Service, military intelligence agencies of Army, Navy,

and Air Force,

2.

Investigation should be promptly conducted when information is received

demonstrations rests with local authorities.

Instances of possible civil rights violations.

Criminal act or conspiracy constituting possible violation of

statute within our jurisdiction (e.g., Sabotage, Theft of Government

Property).

3. Reporting Procedures

Pertinent information obtained regarding racial developments or trends

having potential for violencé should be furnished to Bureau and

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SECTION 122:

CREMIST MATTERS AND CIVIL UNRE

122B

interested agencies by most timely method warranted under circunstances:

and informants should be alerted

to promptly report information

concerning any developing situations having potential for violence.

Actual or threatened riots, disturbances,: or disorders by individuals

or organizations should be reported to Bureau by. teletype unless

circumstances warrant telephone call.

• Teletypes need not be followed

by LIM provided all

essential details, including statistical data

regarding arrests, injuries, or property damages, can be included

teletype.

Where submissien

of LHM is warranted,

transmit by cover

airtel before close of

second workday following

date information was

received.

Teletypes should be prepared suitable for dissemination and should

not include administrative data in body of communication.

references and any further action being taken under administrative

heading at end of teletype.

Specifically state in administrative

section if LM follows.

Cite in body of teletype pertinent local

Federal agencies notified. Record in file identities of agencies

individuals notified.

de

Other pertinent racial information should be submitted to Bureau

in LHM by suitable cover communicatione

Public source information

of unusual local or national importance should also be submitted by

• LHM, after contact with logical sources. Furnish Bureau copy of

article from newspapers or publications containing racial information

of interest.

4. Liaison with local law enforcement

normation received which 1s within primary jurIsdictIon of LocaL Lav

tercomont author loo Chould bo promptle turn. shed those agenciec

together with supporting data from Bureau files which would be of interest

and assistance, provided Bureau sources are fully protected. Where cogent

reason exists Ior not furnishing local law entorcement agency information.

such as possibility of jeopardizing informant, furnish facts to Bureau.

Include your comments and recommendations for use of trustworthy inter-

mediaries to advise local authorities.

50

C1v11 Unrest

Rumors of possible civil unrest of disorder should be immediately traced

to original source, where possible, to determine validity of allegation.

I Contact other sources and informants to determine if information can be

substantiated.

6:

Riots

Where mob violence or rioting is threatened or erupts, immediately:

a.

Establish liaison with appropriate city and state officials.

b. Furnish

specific assignments to informants who could aid in furnishing

pertinent information concerning causes or individuals responsible

Determine and furnish to Bureau and appropriate local agencies

identities of individuals or organizations responsible for such

activities.

Keep Bureau advised of developments by teletype or telephone.

e. Furnish daily teletype summary.

7: [Semiannuallassessment of potential

for violence in civil protest activity

In view of the possibility of civil disorders occurring

in various types

of protest activity, it is essential that the Bureau be fully aware

of trouble spots where violence is most likely to erupt. This will

require the maintenance of close contact with

police officers

Intormants, and other sources for information regarding significant

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122B

si:.

8.

9.

""'!

SECTION 122

TREMIST MATTERS" AND CIVIE UNR

developments which may have a bearing on the potential for violence in

civil.protest

activity.

In order for the Bureau to be currently

knowledgeable of, the överall civil unrest situation and the potential

trouble spots,

each office will submit on alsemiannuallbasis an assessment

of the potential for violence in its division.

The quality of the

assessment will be no"better. than the quality of sources (extremist,

criminal,

and security) who are contacted.

Informant programs

should be keyed to produce the results needed to discharge our

responsibilities.

The semiannual assessment should be submitted in

the form of an I'M to reach the bureau by the fifth day oflApril and

Octoberlof each year.

CLASSIFICATION - 157

CHARACTER AND TITLE.

Title of case should be descriptive of activities involved followed

by character "Civil Unrest."

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