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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A copy of each such request shall be furnished the General Counsel, DoD. All del- egations must be in writing. This authority may be delegated down to field super- visors. Corporations or other commercial organiza- tions believed to have some relationship with foreign powers, organizations or persons.

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.

Electronic surveillance in emergency situations. All renewal requests will be sub- mitted in the same drective as the original request; they directie be reviewed under the same criteria.

Weapons of Mass Destruction (WMD)

No transmission may be acquired aurally. Dis- closure under this subsection is not required if undisclosed participation is permissible and authorized by this pro- cedure.

Notifying the indexer 6. Such procedures shall protect consti- tutional and other legal rights and limit use of such did to lawful governmental purposes.

The Naval Intelligence Command. International Terrorist Activitie s. Physical security 8. Data acquired by electronic means is “collected” only when it has been processed into intelligible form.

Promptly after screening of electronic surveillance information sec E. Logs may be dissemi- nated only if required to verify results contained in reports. Indicate that the request dorective been coordinated with the appropriate judge advocate and the date of the coordination. It also applies to the opening of mail to or from United States persons where such activity is conducted outside the United States and such mail is not in United States postal channels.

Searches of first class mail in US postal channels may be author- ized for law enforcement purposes under procedures established in DoD It incorporates the specific limitations on such assistance contained in E.


Procedures 5 through 10 set forth applicable directivr ance with respect to the use of certain collection techniques to obtain information for foreign intelligence and counterintelligence purposes. Employees shall conduct intelligence activities only pursuant to, and in accordance with.

Intelligence Oversight

Executive Order reference a and this Regulation. The report will be forwarded not later than 30 days following the end of each quarter. Information needed to protect foreign intelligence or counterintelligence sources or methods from unau- thorized disclosure.

The latter situation is governed by Proce- dure Nothing in this procedure will be interpreted as authorizing the collection of any information relating to a US person solely because of lawful advocacy of measures opposed to Government policy. Indexing office 3. Except for actions taken under subsection D.

Requests for approval ddod be forwarded 5240.-r command channels; dircetive wiE be granted only after coordination with the approving authority’s supporting judge advocate. Participation that may be approved by senior intelligence officials. These reports should be pre- pared in accordance with DoD Directive For example, the interception of com- munications that originate and terminate outside the United States can be conducted from within the United States and still fall under this part rather than Part 1.

It does not apply to information collected solely for administrative dorective or disseminated pursuant to law; directice pursuant to a court order that otherwise imposes controls upon such dissemination.

The test proposal shall state the requirement for a period beyond 90 days, the nature of the activity, the organization that will conduct the activity, directiv the proposed disposition of any signals or communications acquired during the activity.

These procedures do not apply to law enforce- ment activities, including civil disturbance activities, that may be undertaken by DoD intelligence components. Consensual electronic surveillance is gov- erned by section C of part 1 of procedure 5.

AH defined terms appear in appendix A. Where practicable, consent will be secured from the owner or user of the facility against which the hearability survey is to be conducted prior to the commencement of the survey. Beacons “beep- ers” and transponders generally are considered methods of diretcive monitoring under the following conditions: Monitoring is within the United States if the monitoring device, or the target of the monitoring, is located within the United States.


Required approvals for physical surveillance a. Handle in accordance with AR “. I; collection through use of these techniques is not 5240.-1r or sufficient, approval for use of inves- tigative techniques that do require a judicial warrant or the approval of the 5420.1-r General may be sought.

DoD intelligence components may conduct other uncon- sented physical searches for foreign intelligence and counterintelligence purposes of the person or property of United States persons outside the United States only pursuant to the approval of the Attorney General. It is intended to be applied in conjunction with the reg- ulation of electronic surveillance “within the United States” under Part 1 and the regulation of “signals in- telligence activities” under Part 3, so that the inten- tional interception for foreign intelligence and coun- terintelligence purposes of all wire or radio communications of persons within the Fod States and against United Directige persons abroad where such persons enjoy a reasonable expectation of privacy is covered by one of the three parts.

Information obtained in the course of a lawful for- eign intelligence, counterintelligence, international nar- cotics or international terrorism investigation; d.

Physical surveillance of non-US persons may be conducted fcr any lawful function assigned the Army intelligence component. Consensual Electronic Surveillance 1.

Applicable postal regulations do not 2540.1-r DoD intelligence components to detain or open first class mail within United States postal channels for for- eign intelligence and counterintelligence purposes, or to request such action by the U. Authorities listed be- low may approve electronic surveillance under this sec- tion that is conducted by Army intelligence components or requested directly or indirectly by those components.

All electronic surveillance information used, retained, or disseminated, that pertains to an identifiable US or non-US person, must be controlled and indexed pursuant to procedure 3, sections E and F. Information about US persons may be collected, retained, or dissem- inated only if authorized under procedures 2, 3, or 4. This regulation is effective immediately.