International Terrorism Investigations (Section 19-1 thru 19-13)

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Section 19-1 *(U)International Terrorism Investigations
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• A. (U) International Terrorism investigations shoUld also comply with general
investigative requirements, see: Sections 2 thi-ouqh 4, supra.; general and specific
Country Threat investigative requirements,: Sections 5 through 17, supra.; and •"
general Issue Threat investigative requirements, see: Section 18, supra.; as
appropriate. .•
• .
Section 19-2 (U) U.S. Policies ori- Counterterrorism
A. (U) The United States shall reduce its vulnerabilities to terrorism at home and
abroad. In this regard, the FBI has been char. gad with expanding its
,Counterterrorism program. See:.Presidential Decision Directive/NSC-39,.Section'.
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Section 19-3 .(U) Lead Agencies
A. (U) The coordination of Federal responses to terrorist incidents is normally the
,- responsibility of Lead Agencies, as follows': •
1. • DOS is the Lead Agency for International Terrorism incidents. that take
place outside of U.S. territory:
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3. The FAA is the LeadAgency for aircraft'hijackirigs,.Within the special - - • '
• • ' jurisdiction of the United -States. See: National ..S'ecUrity.Decision Directit;e
Number 207, p. 2, and Presidential DecisionDirec:tive/NSC-39, SectiOn.3(D). , •
. ' •Section 19-4 (U) The National Coordinator fOr Security, InfrastrUctUre Protection and . -
,.. COunterterrorisin ' • ' - , ..,... ,
• ' A. .• (U) The Natioral Coordinator•serves to integrate the Government's policies and
programs'on.,unconventiohalthreats to the homeland and Americans abroad. '
. He/she chairs the,Counterterrorism Security Grciup, the Critical Infrastructure
Coordination GroUp and the Weapon's of Mass Destruction Preparedness' .-...
•
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Consequence Management and Protection Group: See.- Presidential Decision
- Directive/NSC -62, p. 13.
Section 19-5 (U) Interagency Groups
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2. DOJ (specifically thel- ,13I, unless the Attorney Generaldecides - otherwise) .
is the Lead Agency for International. Terrorism incidents that take place within
.U.S. territory, or in international waters and that do not involve the flag vessels .
• • of foreign countries. • •
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• Section 19-6 (U) International Terrorism Responsibilities
A. (U) The FBrs International Terrorism responsibilities include:
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• G. (U) The Critical Infrastructure Coordination Group i a forum for the convening
of critical infrastructure Function Coordinators and Sector Coordinators. See:
Section 4F-2, infra. Where appropriate, the Group is asSisted by, (a) the Sectirity
Policy board, (b) the Security Policy forum and (c) the National Security and
Telecommunications and Information System Security Committee. See:
Presidential Derisinn nirertivp/iVSr- 11 3 go rtinry 1/// 3
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1. Investigating, preventing and responding to International Terrorism and
terrorist group activities within the United States.;
2. Investigating extraterritorial terrorist incidents which violate U.S. law
• with the concurrence of the host country and the support of DOS;
:3. Conducting investigationS within the United States, based upon requests
from fr)reticrn law en fr,rrPrpprit int;411;cn.ncg. anci/nr Cr.r•lir4t-11 •acr.nr:;.C. .shop • •
' consistent with the Attorney General Guidelines for FBI Foreign Intelligence
Collection and .FCI.Investigations;•
4: Coordinating interagency activities, consistent with E0 12333;
5. . Conducting investigations in support of other U.S. Government agencies'
-intelligence collection requirements, when requested, and when consistent. With
the Attorney General Guidelines . for FBI Foreign Intelligence Collection and FCI
. Investigations, and approved by FBI Headquarters.; and "
6. Disseminating counterterrorism information, reports and intelligence
estimates to appropriate Federal, agencies and foreign governments, when
consistent with the Attorney General Guidelines for FBI Foreign Intelligence
Collection and FCI Investigations. •
Section 19-7 (U) International Terroristri Case Characters •
A. (U) Characters utilized in International Terrorism - investigations generally contain.
.three,parts: the IT designation; a country or entity designator -,And .aspecific group
aesignation. Examples are as follows: •
IT-PLO-GUPS;
IT-Armenia-ASALA;
IT-E1 Salvador-FMLN;
IT-Peru-Sendero Luminoso;
Tr-Italy-Red Brigades. .
Section 19-8, (U) The CTAWU (Counterterrorism Threat Assessment and Warning -
. Unit)
• A. (U) The CTAWU was established in December 1996, to replace the Terrorist
Research and Analytical Center (TRAC). The CTAWU is the program manager
for the FBI's National Threat Warning System, which provides terrorism warnings
to U.S .. Government agencies and nationwide law enforcerinent. Terrorism
• 'warnings are disseminated to State and local, law enforcement agencies 'through
• • NLETS (the National Law Enforcement Telecommunications System). The.
CTAWU produces counterterrorism threat assessments for major.special events in
the United States and also publishes the FBI's annual report on terrorism, entitled
—"Teriarism.in the United States."
Section 19-9 (U) International Terrorism and Acts of Terrorism Investigations:"
A. (U) International Terrorism investigations usually result in the- colleCtion of CI
and foreign intelligence information, as well as International Terrorism •
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information. Just as is true of International Terrorism information, such
. • information may be of .value to other U.S. Government entities and to foreign law
- enforcement and intelligence services; and consideration should be given to
submitting it to 1-13I Headquarters by means of communications suitable for
dissemination. • •
B. (U) All International Terrorism information which may have an immediate impact
on U.S. National. Security; identify imminent threats to anational interest of the
United States; receive wide media coverage; or require prompt dissemination to
other Federal agencies, Legats or foreign services; must be reported to FBI
Headquarters by means of communications suitable for dissemination.
..•
D. (U) When foreign law enforcement 'or intelligence services are requested to • .
. furnish inforination which will not derive from extraordinary or highly sensitive
techniques, and can reasonably be expected to be necessary to future judicial
proceedings; the following statement.should be made part of the requests:
1. "The information requested may be necessary in future judicial' .
proceedings. Therefore, it is asked that it be obtained in a fashion, and that it be
provided in a form, which cane utilized for thatpurpose."
. (U)Within 30 days of initiating an International Terrorism Prelin -iinary Inquiry, an
opening. communication must.be submitted:to FBI Headquarters. • " •
F. • (U), Copies of all field office International Terrorism communications must be :
. di, rected to the appropriate FBI Headquarters operational desk. . •
0. (U) COpies of all communications concerning terrorist-group chapters, cells and
• other subgroups, as well as their formal or informal leaders and principal
members should b.e furnished to the Offices of Origin for their parent -
: organizations.
.1. The Offices of Origin must ensure that all such information is included in
. • their summary LHMs oh the parent organizations.-
H. • (U) Generally, joint International Terrorism investigations with ;other Federal, •
State and/or local law enforcement agencies require FBI Headquarters authority.
In exigent circumstances this authority maybe obtained telephonically, followed
by a confirming. communication.. -Normally, however, a communication
• articulating the need for a joint enterprise must first be submitted.
1. Such authority, is not required as respects joiriiinvestfgations' with the'll,S.
Secret Service involving threats to the PreSident and/or other persons 'under
Secret Service protection.
2. Further-, such authority is not required as respects formal joint terrorism
.• task forces, inasmuch as appropriate security clearances concerning other agency
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participants will already have been obtained.
I. ,(U) Acts of Terrorism investigations are criminal investigations. They are opened ..
and investigated in accordance withprocethires which specifically pertain.to their
background predicate offenses. They are to be used only for gathering evidence
which will be needed to support successful criminal prosecutions. Therefore, if a
pending.199 case discloses information indicating that a foreign power, or an
Agent of a foi eign po wer is aciiVely pianning; or presently engaged in an Act of
Terrorism, a separate 265 case should be opened. And if a265 case is opened
against a target who is not already the subject of a 199 case, at the same time the
265 case is opened, a 199'Case should also.be opened in order to address all
intelligence aspects of the case which, may arise. Whenever,a 265 case is opened,
a communication must 'be forwarded to CTD, setting forth. the targeted activities
which may involve violation of Federal criminal statutes.
1. . The existence of parallel criminal . and intelligence cases will require 'close
coordination between,the' field office, FBI Headquarters and DOJ, in order to
minimize administrative and/or investigative errors which might damage the
criminal case. Criminal procedures require the Government to disclose to
"criminal defendants the bases of cases, as well as all exculpatory information,
'Making possible the disclosure of classified sources and techniques. The impact
of this can be minimized, however, by virtue of the CEPA,statute. See: Title 18,,
USC, Appendix 3, Sections . 1-16. . .
2. ' Electronic Communications intercepted under FISA procedures, are •
-aCqui-ted- for the purpose•.of .ollettingfOreignintelligenceinfo7rTlation, in order
to reduce threats to National Security: . And, of course, all information deriving.
from FISA intercepts is clasSified. Therefore, as soon as a 199.case giVes rise to
a 265 case; or as soon .as a 199 case FISA penetration begins to predominantly.,
-produceinformation pertaining to criminal activities, efforts must immediately
be taken. to terminate the FISA surveillance. Use of the FISA technique i_. ,
almost always precluded within the parallel 265 case; and use of both a FISA
'penetration:in a 199 case and a Title -HI penetration in a paiallel 265 case is rare..
• The appropriate FBI Headquarters 'operational units should, be contacted, and .
should then confei- with OGC and DO.Ps- OlPR, to resolve legal and .
administrative issues, and to facilitate the transition. .
3. Classified information obtained in the course of a 265 case shouldbe .
placed in a clasified subfile to that investigation.
4. For‘specific guidance as respects FCI, foreign intelligence and
International Terrorism investigations which may lead to. criminal prosecutions,
see:' rhe December 24, 2002 Memorandum from the Deploy' Attorney General
and the Director, EBI, captioned "Field G.sidance on Intelligence Sharing . •
Procedure's for Fl and FCI Investigations." •
Section 1940 (U) Human Rights Offenses
• A. (U) Whoever commits 'a war crime
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1. Inside or outside the United States; •
2. , .Either the perpetrator orthe victim being a member of the Armed Forces
.or a U.S. national; shall be imprisoned for any term of years up to life. If death
results the penalty includes death.
3. A war crime is any conduct:
. a) Defined as a grave breach of the international conventions signed at Geneva
in 1949, or any protocol thereto to .which the United States is a party;
b) . Prohibited by the Annex to the Hague Convention IV, Articles 23, 25, 27 or
28; •
c) Which violates common Article 3 of the international conventions signed at
. Geneva' in 1949, or any protocol thereto tO'which the United States is a party,
and which deals with nOn-international arrned . cOnflict; or
. , .
d) Of a person who in relation to an armed conflict willfully kills or causes
serious injury to civilians, contrary to the provisions of the Protocol.on- •
Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other
Devices, as amended at Geneva in 1996. See: Title 18. U.S. Code, SectiOn
2441 and Executive ,Order 13107.
B. (U) Whoever cornmits torture
.1, Outside the United S tates;.
• 2. 1. The offenderbeing either a-U.S. national-, or pre-sent in the United:States; .... -
ireSpeCtive of the nationality ofender or victim; shal be fined and/-
imprisoned for a term of not more than 20 years. If death results the penalty
shall be imprisonMent for any term of years up to life, or death. -- •
• 3: . - An act of torture is an act committed by a person Under color of law; with .
. the specific intent to inflict severe physical or mental pain or suffering upon
another person within his/her custody or physical control. See: Title :18. "I.)".S. •
• Code,•Section 2340-2340B aild Executive Order 13107.'
• C. (U) Whoever commits genocide •
•
- The offense being either inside the United States; or
2. The offender being.a U.S. national; shall be fined not more than
$1,000,000 and/or imprisoned for a term of not more than twenty years. If death
• results the penalty-shall be a fine of not more than $1,000;000 and imprisonrhent
fOr life.
3. An act of genocide is an act which is committed With the specific intent to
destroy, in whole or in substantial.part ; a nationaL ethnic, raci-al.,. or mlig.ious • ....—
group. See: Title 18, U.S. Code, Sections 1091-1093.and Erecutive Order
13107. •
Section 19-11 (U) Theliehavioril Analysis Program
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• A. (U) See: Section 2-35; supra.
Section 19-12 (U) Foreign Emergency Support Team (FEST)
A. (U) To ensure an effective U.S. Government response to international terrorism
: incidents, the ItST concept was developed by interagency agreement and
promulgated by National Security Council memorandum. FEST ensures the
•• provision of specialized interagency assistance to. U.S. foreign Missions and
friendly governments overseas during terrorist incidents. •
(U) The FEST is led by a senior State Department officer, and includes
representatives from DOS, CIA, FBI, and other federal government agencies as
required. The team is able to deploy within four-hours of notification in response "
to, an international terrorist incident. The International Terrorism Operations .
Section (ITOS), CTD, makes all policy decisions'regarding the FBI's participation
in FEST. The 1TOS is responsible for seleCting the FBI personnel assigned to a: "
FEST deployment. • • •
C. (U) During working hours, contact by the DOS will be made directly to the ITOS • •
Section Chief for initiation of the FBI FEST call-out procedures.. During .
nonworking hours, the DOS will notify the Strategic Intelligence Operations
Center (SIOC), which will then immediately contact the 1TOS Section Chief for
initiation of the N31 FEST call-out procedures. The I±ST response is designated
to depart from Washington, D.C., within four •ho•u rs of the time mobilization is • •
ordered. • . •
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• TD (U) A11personnel assigned to support the PEST and therefore subject to • • "
•%deployment, must obtain'proper documentation and immunizations. Diplomatic
passports for appropriate FBI personnel are maintained in the•Counterterrorism
. Section, DOS: All personnel are advised that these passports are strictly for use
during FEST missions, and are not to be Used for any other purpose.
Section 19-13 (U) Alpha Designations
•
A. ,(U) See: Section 1-04, supra.
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