Domestic Investigations and Operations Guide by Federal Bureau of Investigation

Author:Federal Bureau of Investigation [Bureau, Federal]
Language: eng
Format: epub
Publisher: Skyhorse Publishing, Inc.
Published: 2012-12-30T05:00:00+00:00

9.10. (U) Approval and Notification

A. (U) Initiation

(U//FOUO) The authorized purpose of an assessment or full investigation must be documented in the initiating EC.

2. (U//FOUO) Approval to Initiate a Full Investigation: FBIHQ CMS will direct the initiation of full investigations based on Positive Foreign Intelligence Requirements.

3. (U//FOUO) Approval to Initiate an Assessment or Full Investigation Involving a Sensitive Investigative Matter: The initiation of either ah assessment or full investigation to collect positive foreign intelligence involving a sensitive investigative matter must have prior CDC review, SAC approval and the appropriate FBIHQ DI Section Chief approval.

B. (U) Notice

1. (U//FOUO) Notification to DOJ is not required when an assessment to collect information relating to a matter of foreign intelligence interest responsive to a positive foreign intelligence requirement is initiated.

2. (U//FOUO) Notification to DOJ is required when a full investigation to collect information responsive to a foreign intelligence requirement is initiated. Notice must be forwarded from FBIHQ CMS to the DOJ NSD as soon as practicable but no later than 30 calendar days after the initiation of the investigation. (AGG-Dom, Part II.B.5)

C. (U) Duration

(U//FOUO) A foreign intelligence assessment and full investigation may continue for as long as necessary to achieve its purpose and objective if an assessment, or until the requirement is met in a full investigation.

D. (U) File Review

1. (U//FOUO) Assessments: Foreign, intelligence assessments require recurring 90 day file reviews of the assessment file and any sub-file by the SSA/SIA. File reviews for probationary agents must be conducted at least every 60-days. The file review must:

a. (U//FOUO) Evaluate the progress made toward the achievement of the authorized purpose and objective;

b. (U//FOUO) Determine whether it is reasonably likely that information may be obtained that is relevant to the authorized objective, thereby warranting a continuation of the assessment;

c. (U//FOUO) Determine whether the Field Office has appropriate access and ability to collect positive foreign intelligence in response to a requirement that has been accepted by FBIHQ DI; and

d. (U//FOUO) Determine whether the assessment should be terminated.

2. (U//FOUO) Full Investigations: Supervisory file reviews must be conducted at least every 90 days in accordance with Section 3.4. File reviews for probationary agents must be conducted at least every 60-days.

E. (U) Closing

(U//FOUO) Upon its determination or at the request of the Field Office, only FBIHQ CMS may close an assessment or full investigation.

F. (U) Annual Letterhead Memorandum

1. (U//FOUO) Field Office Responsibility: All FIGs must submit an annual report on each positive foreign intelligence full investigation that was open for any period of time during the past calendar year. This report is due to FBIHQ CMS no later than January 30th of the calendar year following each year during which a full investigation is open and must consist of the following:

a. (U//FOUO) The Positive Foreign Intelligence Requirement to which the investigation was responding;

b. (U//FOUO) All methods of collection used;

c. (U//FOUO) All sensitive matters encountered;

d. (U//FOUO) A list of all IIRs by number issued based on information collected during the investigation;

e. (U//FOUO) A summary of the positive foreign intelligence collected; and

f. (U//FOUO) The date the full investigation was opened and, if applicable, the date closed.

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