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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These reports should be pre- pared in accordance with DoD Directuve Executive Order reference a and this Regulation. Unconsented physical searches within the United States. Unconsented physical searches of non-US per- sons outside the United States may be performed for any lawful function assigned the Army intelligence compo- nent. This authority may be delegated, in writing, to field supervisors.

In i Ji’ition, this part governs the use of electronic, mechanical, or other sur- veillance devices for foreign intelligence and counter- intelligence purposes against a United States person abroad in circumstances where such person has a rea- sonable expectation of privacy.

Subject to the special lim- itation contained in section E.

DoD Directive DoD Intelligence Activities

Electronic surveillance 5240.1-d to the Foreign Intelligence Surveillance Act. Retention of information acquired incidentally. Unconsented physical searches of non-US per- sons abroad. Limitations on undisclosed participation 2. Control of Electronic Surveil- lance Information 1. Procedures 2 through 4 provide the sole authority 5240.-r which such components may collect, retain and dis- seminate information concerning United States per- sons.

Physical searches also may be performed pursuant to this procedure for any other lawful function assigned an Army intelligence com- ponent.

Intelligence Oversight

The recipient is reasonably believed to have a need to receive such information 524.1-r the performance of a lawful governmental function, and is one rod the following: A person is identifiable if sufficient information is available to the component to determine the last name of the person and to distinguish that person from others who may have the same name.

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.

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Agencies within the Intelli- gence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad.

Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded. CI investigations within the United States shall be conducted in accordance with the following jurisdic- tional guidelines: Information may be collected about a United States person who is reasonably believed to threaten the physical security of DoD employees, installations, operations or official visitors.

Public broadcasts, distress signals, or official United States Government communications may be monitored, provided that when government agency communications are monitored, the consent of an ap- propriate official is obtained. The information was collected or retained or both under Procedures 2 and 3; 2. Requests for authority to conduct unconsented physical searches within the United States or of US persons abroad 4.

Reasonable belief must rest on facts and circumstances that can be artic- ulated; “hunches” or intuitions are not sufficient. Monitoring is within the United States if the monitoring device, or the target of the monitoring, is located within the United States. The significant foreign intelligence or coun- terintelligence expected to be obtained from the elec- tronic surveillance could not reasonably be obtained by other less intrusive collection techniques.

Logs may not be disseminated unless required to verify results contained in reports. The function will be identified. Mail while in transit within, among, and be- tween the United States, its territories and possessions including mail of foreign origin which is passed by a foreign postal administration to the United States Postal Service for forwarding to a foreign postal administration under a postal treaty or convention, and mail tempo- rarily in the hands of the United States Customs Service or the Department of AgricultureArmy-Air Force APO and Navy FPO post offices, and mail for de- livery to the United Nations, N.

Information necessary for administrative purposes. Physical surveillance for identification purposes may be approved by a field supervisor. Information held, or forwarded to a supervisory au- thority, solely for the purpose of making a determination about the collectability of that information under this procedure and not otherwise disseminated within the component is not “collected.

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A-3 AR 1 July b. The use of such countermeasures has been au- thorized or consented to by the official in charge of the facility, organization, or installation where the coun- termeasures are to be undertaken; 2. Heads of DoD components shall issue such implementing instructions as may be necessary for the conduct of authorized functions in a manner consistent with the procedures set forth herein. Ali delegation of authority will be in writing.

DoD intelligence components are authorized to open mail to or from a United States person that is found outside United States postal channels only pur- suant to the approval of the Attorney General. 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.

A DoD intelligence component may conduct electronic surveillance withia the United States in emer- gency situations under an approval from the Attorney General in accordance with section e of reference b. Except for actions taken under subsection D.

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Pen register oper- ations are included within the term electronic surveil- lance. Cited in procedure 12, section A. Ad- ditional terms, not otherwise defined, are explained in the text of each procedure, as appropriate. They in turn may delegate their authority to responsible military intelligence group com- manders; directiv commanders may further delegate this authority to military intelligence battalion commanders, or equivalent.

Specifically, procedures 1 through 10, as well direective appendix A, herein, require approval by the Attorney General. The Air Force Intelligence Service.