DOD DIRECTIVE 5240.1-R PDF

Procedures of DoD R, “Procedures Governing the Activities Purpose: In accordance with the authority in DoD Directive Key Orders, Directives, and Regulations. • Executive Order • DoD Directive • DoD R. • Supplemented by. DTM Directive , and rep1aces the November 30, version of DoD -R. It is app1icab1e to a11 DoD inte11igence components.

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The foreign intelligence sought is significant and collection is not undertaken for the purposes of ac- quiring information concerning the domestic activities of any United States person; 2. The use of other than overt means has been approved in writing by the head of the DoD intelligence component concerned, or his single designee, as being consistent with these procedures. Requests for approval will be forwarded through command channels; approval will be granted only after coordination with the approving authority’s supporting judge advocate.

A person generally will be considered distinguishable from others with the same name when the information required by one or more of subsections 3b-e and g is known. Participation for the purpose of influencing the activities of the organization or its members. Searches of mail outside US postal channels may be ap- proved by the following officials: See app A, sees 19 and Unconsented physica l searches outside the United States.

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Requests for approval will be forwarded through command channels. Elec- tronic surveillance within the United States is subject to the definitions in the Foreign Intelligence Surveil- lance Act ofreference b.

Limitations on undisclosed participation 2. Procedures for forwarding backup material– 7. Use, retention, or dissemination of US person information acquired pursuant to this part must be ap- proved by the Secretary or Under Secretary of the Army.

A DoD intelligence com- ponent may conduct electronic surveillance within the United States for foreign intelligence and counterin- telligence purposes only pursuant to an order issued by a judge of the court appointed pursuant to the Foreign Intelligence Surveillance Act of reference bor pursuant to a certification of the Attorney General issued under the authority of section a of the Act. Inspectors Generalas part of their inspection of DoD intelligence components, shall ensure that pro- cedures exist within such components for the reporting of questionable activities, and that employees of such components are aware of their responsibilities to report such activities.

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Such officials shall notify the DoD General Counsel promptly of any such surveillance, the reason for authorizing such surveil- lance on an emergency basis, and the expected results.

Heads of DoD intelligence components may authorize the opening of mail outside U. The heads of DoD Components that constitute. Renewal requests for cases involving foreign intelligence or counterintelligence of a continuing and long-term interest may be approved for a period up to 1 year. DoD intelligence components may request ap- propriate U.

Once that determination is made, and the component can es- tablish its authority to conduct the investigation in- volved, this regulation, particularly Procedure 2, should be used to determine whether particular items of infor- mation about US persons may be collected during the conduct of the otherwise authorized investigation.

The collection of infor- mation about United States persons shall be accom- plished by the least intrusive means. All del- egations must be in writing. This revision implements DOD Directive An example is the AR series.

Nonconsen- sual surveys may be conducted to determine the po- tential vulnerability to intelligence services of a foreign power of transmission facilities of communications com- mon carriers, other private commercial entities, and entities of the federal government, subject to the fol- lowing limitations: Cited series in procedure 3, section D. Such parameters may be dissem- dirfctive to other DoD intelligence components and other entities authorized to conduct electronic surveillance or related development, testing, and calibration of elec- tronic equipment rirective such dissemination and use are limited to the purposes outlined in section A.

Information needed to protect the safety of any persons or organizations, including those who are tar- gets, victims or hostages of international terrorist or- ganizations; e. Electronic surveillance directed against persons who are not United States per- sons that results in the incidental acquisition of the com- munications of a United States person does not thereby directivr electronic surveillance directed against a United States person.

PURPOSE The purpose of these procedures is to enable DoD intelligence components to carry out effectively their authorized functions while ensuring their activities that affect United States persons are carried out in a manner that protects the constitutional rights and privacy of such persons. Cooperation with law en- forcement authorities Page 2. International Terrorist Activitie s. Consent may be oral or written unless a specific form of consent is required by a particular procedure.

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A description of the significant foreign intelli- gence or counterintelligence expected to be obtained from the electronic surveillance.

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Information acquired by overhead reconnaissance not directed at specific United States persons; i. Accurate and timely information about the capabilities, intentions and activities of foreign powers, organizations, or 5240.1–r and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. An identification or description of the target.

Except as provided by paragraph c 2 herein, all CI investigations of foreign nationals undertaken within the United States shall be the responsibility of the FBI. The training of personnel by DoD intelligence components in the operation and use of electronic communications and surveillance equip- ment shall include guidance concerning the require- ments and restrictions of the Foreign Intelligence Sur- veillance Act of reference band E.

In- formation collected during training that does not in- volve communications described in subsection B. Element maintaining the case file. Army intelligence components are explicitly excluded from the provisions of AR The use of such countermeasures is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and 3.

Information constituting foreign intelligence or counterintelligence, including such information con- cerning corporations or other commercial organizations. Participation that may be approved by senior intelligence officials.

Information about US persons may be collected, retained, or dissem- inated only if authorized under procedures 2, 3, or 4. Disclosure of the intelligence affiliation of an employee of a DoD intelligence component shall be made to an executive officer of the organization in ques- tion, or to an official in charge of membership, attend- ance or the records of the organization concerned.