The Attorney General's Guidelines Regarding The Use Of FBI Confidential .

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T H E A T T O R N E Y G E N E R A L ' S G U I D E L I N E S REGARDINGT H E USE O F FBI CONFIDENTIAL HUMAN SOURCES

T A B L E OF CONTENTSG E N E R A L PROVISIONS1A.PURPOSE A N D SCOPE 1B.DEFINITIONS31."Special Agent in Charge" or " S A C "32."Federal Prosecuting Office" or " F P O "33." C h i e f Federal Prosecutor" or " C F P "44."FPO A t t o r n e y "5."Confidential Human Source C o o r d i n a t o r "46." F P O Participating In the Conduct of an Investigation"47."Confidential H u m a n Source"48."Senior Leadership Source"49."High-Level10."Tier;Government or Union Source"451 Otherwise Illegal A c t i v i t y "511." T i e r 2 Otherwise Illegal A c t i v i t y "712."Fugitive"713." H u m a n Source Review Committee" or " H S R C "714." N a t i o n a l Security Investigation"715." I n t e r n a t i o n a l T e r r o r i s m Investigation"7C.P R O H I B I T I O N ON C O M M I T M E N T S OF I M M U N I T Y BY T H E FBI . . . . 8D.MAINTAINING CONFIDENTIALITYi8

II.III.1.Obligation2.Security of Material83.Continuing Obligation94.Exceptions5.Disclosures of Confidential Human Sources;,8910E.EXCEPTIONS A N D DISPUTE R E S O L U T I O N 0F.R I G H T S O F T H I R D PARTIES11G.COMPLIANCE.11V A L I D A T I O N O F A C O N F I D E N T I A L H U M A N SOURCE12A.INITIAL VALIDATION121.General122,Time Limits123.Required Information13B.INSTRUCTIONS14C.ANNUAL VALIDATION REVIEW17SPECIAL APPROVAL REQUIREMENTS17A.D E F I N E D C A T E G O R I E S O F SOURCES171.Required Early A p p r o v a l17a."Senior Leadership Source"17b."Privileged or Media Source"17c."High-Level Government or Union Source"182.Long-Term Sources18ii

3.B.C.D.E.iv.Approval Process18a.Composition of the HSRC . 18b.Access to F B I Information19cTime L i m i t19d.Notice to FPOe.Disputesf.International Terrorism or National Security Sources.20'.,2020F E D E R A L PRISONERS, PROBATIONERS, PAROLEES,A N D SUPERVISED RELEASEES23C U R R E N T OR F O R M E R P A R T I C I P A N T S I N T H E WITNESSSECURITY PROGRAM24S T A T E OR L O C A L PRISONERS, P R O B A T I O N E R S , PAROLEES,O R SUPERVISED RELEASEES24FUGITIVES25RESPONSIBILITIESREGARDING CONFIDENTIALH U M A N SOURCESA.;26N O I N T E R F E R E N C E W I T H A N I N V E S T I G A T I O N OF AC O N F I D E N T I A L SOURCE26B.P R O H I B I T E D T R A N S A C T I O N S A N D R E L A T I O N S H I P S .27CM O N E T A R Y PAYMENTS281.General282.Prohibition Against Contingent Payments283.Approval for Payments284.Documentation of Payment29iii

V.VI,5.Accounting and Reconciliation Procedures296.Coordination with Prosecution29A U T H O R I Z A T I O N OF O T H E R W I S E I L L E G A L A C T I V I T Y30A.G E N E R A L PROVISIONS30B.A U T H O R I Z A T I O N PROCEDURES301.Written utionary Measures365.Suspension of Authorization . . . . . .366.Revocation of Authorization367.Renewal and Expansion of Authorization388.Emergency Authorization389.Designees ,10.Record Keeping Procedures7.3939SPECIAL NOTIFICATION REQUIREMENTS40A.N O T I F I C A T I O N O F I N V E S T I G A T I O N OR P R O S E C U T I O N40B.N O T I F I C A T I O N OF UNAUTHORIZED I L L E G A L A C T I V I T Y41C.NOTIFICATION REGARDING CERTAIN FEDERAL J U D I C I A LPROCEEDINGS42D.P R I V I L E G E D OR E X C U L P A T O R Y I N F O R M A T I O N43E.LISTING A CONFIDENTIAL INFORMANT IN ANiv

F.G.VII.ELECTRONIC SURVEILLANCE APPLICATION44RESPONDING T O REQUESTS F R O M FPO A T T O R N E Y SREGARDING A C O N F I D E N T I A L H U M A N SOURCE44EXCEPTIONS T O T H E SPECIAL N O T I F I C A T I O NREQUIREMENTS45,H.FILE REVIEWS45I.DESIGNEES45C L O S I N G A C O N F I D E N T I A L H U M A N SOURCE46A.G E N E R A L PROVISIONS46B.DELAYED NOTIFICATION TO A CONFIDENTIAL HUMANSOURCE46CONTACTS W I T H FORMER CONFIDENTIAL H U M A NSOURCES C L O S E D FOR CAUSE47C O O R D I N A T I O N W I T H FPO A T T O R N E Y S47C.D.v

IA.G E N E R A L PROVISIONSPURPOSE AND SCOPE1.The purpose o f these Guidelines is to set policy for all Department of Justice(DOJ) personnel regarding the use o f all Confidential Human Sources, as furtherdefined below, that are operated by the Federal Bureau o f Investigation (FBI) inany o f the FBI's investigative programs or other authorized information collectionactivities.2.These Guidelines are issued under the authority o f the Attorney General asprovided in Title 28, United States Code, Sections 509, 510, and 533.3.These Guidelines are mandatory and supersede: the Attorney General's GuidelinesRegarding the Use of Confidential Informants (May 30, 2002), to the extent thaithey apply to the FBI; the Attorney General Procedure for Reporting and Use o fInformation Concerning Violations o f Law and Authorization for Participation inOtherwise Illegal Activity i n FBI Foreign Intelligence, Counterintelligence or. International Terrorism Intelligence Investigations (August 8, 1988), to the extentthat it applies to assets; and the Attorney General's Guidelines for F B I NationalSecurity Investigations and Foreign Intelligence Collection (October 31,2003)("NSIG"), to the extent that they are inconsistent with these Guidelines.1These'However, techniques whose use is authorized for validating assets, as outlined i n theAttorney General's Guidelines for F B I National Security Investigations and Foreign IntelligenceCollection, to identify potential assets, to collect information to maintain the cover or credibilityo f assets, or to validate assets (including determining suitability or credibility) may continue to beutilized in relation to Confidential Human Sources in connection with activities related to threatsto the national security.

Guidelines do not supersede otherwise applicable ethical and legal obligations ofDepartment o f Justice attorneys, which can, in certain circumstances (for example,with respect to contacts with represented persons), have an impact on FBIconduct.These Guidelines apply to the use of a Confidential Human Source in a foreigncountry only to the extent that the Confidential Human Source is reasonably likelyto testify in a domestic case.These Guidelines do not limit the ability of the F B I to impose additionalrestrictions on the use o f Confidential Human Sources.All DOJ personnel have a duty o f candor in the discharge of their responsibilitiespursuant to these Guidelines.These Guidelines shall be effective 180 days after they are approved by theAttorney General. However, to the extent provided in FBI policy: (i) activitiescommenced under pre-existing guidelines may be continued and completed inconformity with such pre-existing guidelines, notwithstanding the approval by theAttorney General and effectiveness of these Guidelines, and (ii) restrictions on theuse o f human sources under pre-existing guidelines which are not perpetuated bythese Guidelines need not be observed following the Attorney General's approvalof these Guidelines, even in relation to activities commenced under pre-existingguidelines, i f the requirements o f these Guidelines for such activities are satisfied.To the extent that paragraph III(A)(3)(f) cannot be fully implemented within 180days, the F B I and the National Security Division will establish a protocol to

govern the review o f sources who would otherwise be subject to that paragraph.The FBI shall adopt such measures as may be needed to effect an orderly andexpeditious transition to the new Guidelines, without disruption or impediment toongoing activities within their scope. The FBI shall keep the Deputy Attorney.General, the Assistant Attorney General o f the Criminal Division, and theAssistant Attorney General for National Security informed o f such measures asdirected by the Deputy Attorney General.B.DEFINITIONS1."Special Agent in Charge" or " S A C " - the F B I Special Agent in Charge o f an F B IField Office (including an Acting Special Agent i n Charge), except that thefunctions authorized for Special Agents in Charge by these Guidelines may alsobe exercised by the Assistant Director in Charge in an FBI Field Office headed byan Assistant Director, and by FBI Headquarters officials designated by theDirector o f the FBI.2."Federal Prosecuting Office" or "FPO" - any o f the following Department o fJustice components:a.The United States Attorneys' Offices;b.The Criminal Division;c.The National Security Division ("NSD");d.Any other litigating component o f the Department of Justice with authorityto prosecute federal criminal offenses, including the relevant sections o f3

the Antitrust Division, Civil Division, Civil Rights Division,Environmental and Natural) Resources Division, and the Tax Division."Chief Federal Prosecutor" or "CFP" - the head o f an FPO."FPO Attorney" - an attorney employed by, or working under the direction of, anFPO."Confidential Human Source Coordinator" - a supervisory FPO Attorneydesignated by the CFP to facilitate compliance with these Guidelines."FPO participating in the conduct of an investigation" - any FPO employing ordirecting an FPO Attorney assigned to a matter whose approval is necessarypursuant to these Guidelines, or whose approval was sought or obtained regardingany investigative or prosecutorial matter including the issuance of a search orarrest warrant, electronic surveillance order, subpoena, indictment or other relatedmatter."Confidential Human Source" - any individual who is believed to be providinguseful and credible information to the FBI for any authorized informationcollection activity, and from whom the FBI expects or intends to obtain additionaluseful and credible information in the future, and whose identity, information orrelationship with the FBI warrants confidential handling."Senior Leadership Source" - a Confidential Human Source who is in a positionto exercise significant decision-making authority over, or to otherwise manageand direct, the unlawful activities o f the participants in a group or organization,involved in unlawful activities that are:

a.nationwide or international in scope; orb.deemed to be o f high significance to the FBI's criminal investigativepriorities, even i f the unlawful activities are local or regional in scope.9.1"High-Level Government or Union Source" - a Confidential Human Source whois either (a) in relation to the federal government or the government of a state, thechief executive, the official next in succession to the chief executive, or a membero f the legislature, or (b) a president, secretary-treasurer or vice president of aninternational or national labor union or the principal officer or officers of asubordinate regional entity of an international or national labor union.10.3"Tier I Otherwise Illegal Activity" — any activity that:a.would constitute a misdemeanor or felony under federal, state, or local lawi f engaged in by a person acting without authorization; andb,that involves (i)the commission, or the significant risk o f the commission, o f any actof violence by a person or persons other than the Confidential HumanSource;*Such organizations shall include, but are not limited to: any La Cosa Nostra Family,Eurasian Organized Crime Group, or Asian Criminal Enterprise which is recognized by F B IHeadquarters; and any domestic or international Terrorist Organization, which is recognized byF B I Headquarters.3The term "regional entity" shall not include a local union or a group of local unions, suchas a district council, combined together for purposes o f conducting collective bargaining withemployers.*Bookmaking that is significantly associated with, or substantially controlled by, ,organized crime ordinarily will be within the scope o f this definition. Thus, for example, wherebookmakers have a financial relationship with members or associates of organized crime, and/or5

(ii)corrupt conduct, or the significant risk o f corrupt conduct, by anelected public official or a public official in a high-level decision-makingor sensitive position in federal, state, or local government;(iii)the manufacturing, importing, exporting, possession, or trafficking o fcontrolled substances in a quantity equal to or exceeding those quantitiesspecified in United States Sentencing Guidelines § 2D1.1(c)(1);(iv)financial loss, or the significant risk o f financial loss, in an amountequal to or exceeding those amounts specified in United States SentencingGuidelines § 2 B i . l ( b X l ) ( I ) ;(v)ia Confidential Human Source providing to any person (other than anFBI agent) any item, service, or expertise that is necessary for thecommission o f a federal, state, or local offense, which the personotherwise would have difficulty obtaining; or(vi)a Confidential Human Source providing to any person (other than anF B I agent) any quantity o f a controlled substance, an explosive, firearm, oruse members or associates o f organized crime to collect their debts, the conduct o f thosebookmakers would create a significant risk o f violence, and would therefore fall within thedefinition o f Tier 1 Otherwise Illegal Activity.The citations to the United States Sentencing Guidelines (USSG) Manual are to the 2005Edition. The references herein to particular USSG Sections are intended to remain applicable tothe most closely corresponding USSG level in subsequent editions o f the USSG Manual in theevent that the cited USSG provisions are amended. Thus, it is intended that subsection (iii) o fthis paragraph, will remain applicable to the highest offense level i n the Drug Quantity Table infuture editions o f the USSG Manual, and that subsection (iv) of the paragraph will remainapplicable to dollar amounts that, in future editions o f the USSG Manual, trigger sentencingenhancements similar to that set forth in the current section 2 B U ( b ) ( l ) ( I ) . Any ambiguities inthis regard should be resolved by the Assistant Attorney General for the Criminal Division.J6i

other dangerous weapon, or other item that poses an immediate andsignificant threat to public safety, with little or no expectation of itsrecovery by the FBI.11."Tier 2 Otherwise Illegal Activity" - any other activity that would constitute a misdemeanor or felony under federal, state, or local law i f engaged in by a personacting without authorization.12."Fugitive" - an individual:a.for whom a federal, state, or local law enforcement agency has placed awanted record in the FBI's National Crime Information Center (other thanfor a traffic or petty ofTense); orb.for whom a federal warrant has been issued; andc.for whom the law enforcement agency is willing, i f necessary, to seek hisor her extradition to its jurisdiction.13."Human Source Review Committee" or "HSRC" - A committee convenedpursuant to these Guidelines to review various matters under these Guidelines asset forth below in paragraph HI ( A ) .14."National Security Investigation" - A national security investigation as defined inPari VHI.Q o f NSIG.15."International Terrorism Investigation" - A J I investigation relating to internationalterrorism, whether conducted under NSIG, under the Attorney General'sGuidelines on General Crimes, Racketeering Enterprise and Terrorism Enterprise7

Investigations (May 30, 2002), or under other guidelines issued by the AttorneyGeneral.C.P R O H I B I T I O N ON C O M M I T M E N T S OF I M M U N I T Y BY T H E FBIThe FBI does not have any authority to make any promise or commitment that wouldprevent the government from prosecuting a Confidential Human Source for criminalactivity that is not authorized pursuant to Section V below or that would limit the use o fany evidence by the government, without the prior written approval o f the FPO that hasprimary jurisdiction to prosecute the Confidential Human Source for such criminalactivity. A n FBI Agent must exercise due diligence to avoid givingany person theerroneous impression that he or she has any such authority.D.MAINTAINING CONFIDENTIALITY1.ObligationDOJ Personnel have an obligation to maintain as confidential the identity o f anyConfidential Human Source. Consistent with that obligation, DOJ personnel shallnot disclose the identity of a Confidential Human Source or information thatSource has provided that would have a tendency to identify the Source unlessdisclosure is appropriate under one o f the exceptions referenced below inparagraph D (4).2.Security of MaterialI f the F B I provides DOJ personnel with any material containing:a.the identity o f a Confidential Human Source;b.information that may possibly identify the Source; or8

c.information that the Source has provided;such material must be secured in a manner consistent with its security markings orclassifications, when not in the direct care and custody o f DOJ personnel.Continuing ObligationDOJ personnel have a continuing obligation after leaving employment with theDepartment o f Justice to maintain as confidential the identity o f any ConfidentialHuman Source and the information that Source provided, unless disclosure isappropriate under one o f the exceptions referenced below in paragraph D (4).Exceptionsa.Notwithstanding paragraph I (D) ( I ) , DOJ personnel may makeappropriate disclosures;i.to F B I Agents who need to know the identity o f the Source in orderto perform their official duties. However, an FPO must coordinatew i t h the FBI Agent directing the Source to obtain the requiredapproval o f the FBI-SAC or his or her designee prior to suchdisclosure;ii.to other law enforcement, intelligence, immigration, diplomatic,and military officials who need to know the identity to performtheir official duties, subject to the prior approval o f the FBI-SACor his or her designee; .iii.when the Confidential Human Source has agreed to testify in agrand jury orjudicial proceeding.

b.A l l DOJ personnel must disclose the identity o f a Confidential HumanSource, and the information that Source has provided, when required bycourt order, law, regulation, these Guidelines or other Department ofJustice policies.S,Disclosures to Confidential Human SourcesDOJ personnel must exercise due diligence to avoid disclosing any confidentialinvestigative information to a Confidential Human Source ( e j informationrelating to electronic surveillance, search warrants, indictments and other chargingdocuments, or the identity o f other actual or potential informants), other than whatis necessary and appropriate for operational reasons.E.EXCEPTIONS AND DISPUTE RESOLUTION1.Whenever an FBI SAC, a CFP, or the designee o f an FBI SAC or CFP, believesthat extraordinary circumstances exist that warrant an exception to any provisiono f these Guidelines, or whenever there is a dispute between or among entities(other than a dispute with the Assistant Attorney General (AAGJ o f either theCriminal Division or National Security Division of the Department of Justice),regarding these Guidelines, an exception must be sought from, or the dispute shallbe resolved by, the A A G for the Criminal Division or the National SecurityDivision (whichever is appropriate) or his or her designee.2.Whenever there is a dispute with (he A A G for either the Criminal Division orNational Security Division o f the Department o f Justice, such dispute shall beresolved by the Deputy Attorney General or his or her designee.10

3.The Deputy Attorney GeneraJ, or his or her designee, shall hear appeals, i f any,from decisions o f the Assistant Attorneys General of the Criminal Division andthe National Security Division.4.Any exception granted or dispute resolved pursuant to this paragraph.shall bedocumented in the FBI's files.RIGHTS OF T H I R D PARTIESNothing in these Guidelines is intended to create or does create an enforceable legal rightor private right o f action by a Confidential Human Source or any other person.COMPLIANCE1.Within 60 days o f the approval o f these Guidelines by the Attorney General, theFBI shall submit an implementation plan to the respective Assistant AttorneysGeneral for the Criminal Division and the National Security Division o f theDepartment o f Justice for review. The plan must address all the requirementsimposed upon the F B I by these Guidelines.2.Within 60 days o f the approval of these Guidelines, the F B I i n conjunction withthe Criminal Division of the Department o f Justice, shall establish a HumanSource Review Committee to perform the functions set forth in Section H I (A)below.3.Within 60 days o f the approval o f these Guidelines, each FPO shall designate oneor more supervisory FPO Attorneys to serve as "Confidential Human SourceCoordinators," whose duties shall include:a."coordinating the responsibilities ofthe FPO underthese Guidelines;11

b.serving as a point of contact fqr the FEU for all matters pursuant to theseGuidelines; andc.approving matters pursuant to these Guidelines on behalf of the FPO whenno other FPO Attorney has been assigned or when the assigned FPOAttorney is unavailable.4.Each CFP and FBI-SAC.shall implement comprehensive periodic training of itsrespective personnel regarding these Guidelines.5.Each CFP shall coordinate with the appropriate FBI SAC to develop procedures tomaximize the accessibility and availability o f the FPO's Confidential HumanSource Coordinators.II.INITIAL1.V A L I D A T I O N OF A C O N F I D E N T I A LH U M A N SOURCEVALIDATIONGenera!A i l F B I Confidential Human Sources must be subjected to the validation processas provided in these Guidelines and other FBI policies.2.Time L i m i t sThe FBI, in consultation with the Assistant Attorneys General of the CriminalDivision and the National Security Division of the Department of Justice, shallestablish reasonable time limits for subjecting a Source to the Initial Validationprocess that are compatible with these Guidelines and other FBI policies.12

Required InformatiotiIn opening a Confidential Human Source, an FBI Agent shall documentinformation pertaining to that Source and forward it to an appropriate FBISupervisor for an Initial Validation. At a minimum, an FBI Agent shall providethe following information to facilitate the Initial Validation process:a.basic identifying information that establishes the person's true identity, orthe FBI's efforts to establish the'individual's true identity;b.a photograph of the person (when possible);c.whether the person has a criminal history, is reasonably believed to be thesubject or target of a pending criminal investigation, is under arrest, or hasbeen charged in a pending prosecution;d.the person's motivation for providing information or assistance, includingany consideration sought from the government for this assistance;e.any promises or benefits, and the terms o f such promises or benefits, thatare given a Confidential Human Source by the FBI, FPO or any other lawenforcement agency (if known, after exercising reasonable efforts ; andf.any other information that is required to be documented in theConfidential Human Source's file pursuant to these Guidelines and FBIpolicies, including but not limited to, the instructions provided to theConfidential Human Source.13

B.INSTRUCTIONSI.In opening a Confidential Human Source, at least one FBI Agent, along with oneadditional Agent or other government official present as a witness, shall reviewwith the Confidential Human Source instructions as required by these Guidelinesand other FBI policies. At a iruiumum, these instructions must indicate that:a.information provided by the Confidential Human Source to the FBI mustbe truthful;b.the Confidential Human Source's assistance and the information providedare entirely voluntary;c.the United States Government w i l l strive to protect the ConfidentialHuman Source's identity but cannot guarantee that it will not be divulged;d.the Confidential Human Source must abide by the instructions o f the F B I 'and must not take or seek to take any independent action on behalf o f theUnited States Government2.The following additional instructions shall also be reviewed with a ConfidentialHuman Source i f applicable to the particular circumstances o f the ConfidentialHuman Source:.a.The FBI on its own cannot promise or agree to any immunity fromprosecution or other consideration by a FPO,.a state or local prosecutor, ora Court in exchange for the Confidential Human Source's cooperation,because the decision to confer any such benefit lies within the exclusivediscretion of the FPO and the Court. However, the FBI will consider (but14

not necessarily act upon) a request by the Confidential Human Source toadvise the appropriate FPO, the state or local prosecutor, or Court of thenature and extent of his or her assistance to the F B I ;b.5The Confidential Human Source has not been authorized to engage in anycriminal activity and has no immunity from prosecution for anyunauthorized criminal activity;c.7The Confidential Human Source is not an employee o f the United StatesGovernment and may not represent himself or herself as such;' d.The Confidential. Human Source may not enter into any contract or incurany obligation on behalf o f the United States Government, except asspecifically instructed and approved by the F B I ;e.9The F B I cannot guarantee any rewards, payments, or other compensationto the Confidential Human Source;This instruction should be provided i f there is any apparent issue o f criminal liability orpenalties that relates to the Confidential Human Source.6This instruction should be provided to any Confidential Human Source who is notauthorized to engage i n otherwise illegal activity. See paragraph V (B)(3) for instructions thatmust be provided to a Confidential Human Source who is, in fact, authorized to engage inotherwise illegal conduct.7'This instruction should be provided to all Confidential Human Sources except underthose circumstances where the Source has previously been, and continues to be, otherwiseemployed by the United States Government.*This instruction should be provided to all Confidential Human sources except underthose circumstances where the Source is otherwise authorized to enter a contract or incur anobligation on the behalf of the United States.15

f.In the event that the Confidential Human Source receives any rewards,payments, or other compensation from the FBI, the Source is liable for anytaxes that may be owed; andg.No promises or commitments can be made, except by the United StatesDepartment of Homeland Security, regarding the alien status of any personor the right o f any person (o enter or remain in the United States.'3.0The content and meaning o f each o f the foregoing instructions must be clearlyconveyed to the Confidential Human Source. Immediately after these instructionshave been given, the FBI Agent shall require the Confidential Human Source toacknowledge his or her receipt and understanding o f the instructions. The FBIAgent, and the additional Agent or other government official present as a witness,shall document that the instructions were reviewed with the Confidential HumanSource and that the Source acknowledged the instructions and his or herunderstanding o f them. As soon as practicable thereafter, an FBI Supervisor shall ,review and, i f warranted, approve the documentation.4.The instruction and documentation procedures shall be repeated to theConfidential Human Source whenever it appears necessary or prudent to do so,and, in any event, at least annually.This instruction should be provided i f there is any apparent issue of immigration statusthat relates to the Confidential Human Source.1016

ANNUAL VALIDATION REVIEW1.Each Confidential Human Source's file shall be reviewed at least annuallyconsistent with these Guidelines and other FBI policies.2.The FBI shall establish procedures to ensure that all available information thatmight materially alter a prior validation assessment, including, but not limited to,bformation pertaining to unauthorized illegal activity by the Confidential HumanSource, is promptly reported to an FBI Supervisor and then recorded andmaintained in the file o f the Confidential Human Source.III.SPECIAL APPROVAL REQUIREMENTSD E F I N E D C A T E G O R I E S O F SOURCES1.Required Early ApprovalWithin 60 days o f utilizing a Confidential Human Source who meets any of thefollowing definitions, the FBI must seek written approval, in accordance with therelevant provisions set forth in paragraph I I I (A)(3) below, for the continued useo f the Source unless an FPO Attorney has existing oversight o f a Source becausethe Source has agreed to testify in a federal criminal prosecution:a."Senior Leadership Source" - a Confidential Human Source as defined inparagraph I (B)(8), above;b."Privileged or Media Source" -- A Confidential Human Source who isunder the obligation o f a legal privilege o f confidentiality or affiliated withthe media;17

c."High-Level Govemmenl or Union Source" - A Confidential HumanSource as defined in paragraph F (B)(9), above.Long-Term SourcesWhen a Confidential Human Source has been registered for more than fiveconsecutive years, and to the extent such a Source remains open, every five yearsthereafter, the FBI must seek written approval, in accordance with the relevantprovisions set forth in paragraph IK (A)(3) below, for the continued use o f (heSource.Approval ProcessAH F B I requests seeking approval for the continued use of a Confidential HumanSource who meets any o f the definitions set forth in paragraphs UJ (A)(1) & (2)above, except those Sources providing information for use in an internationalterrorism investigation, national security investigation, or other activity underNSIG, shall be reviewed and determined by a Human Source Review Committee(HSRC).a.Composition of the HSRC - - At least one HSRC shall be established bythe F B I and the Criminal Division o f the Department o f Justice. TheChairperson o f each HSRC shall be an FBI Agent at or above the level ofDeputy Assistant Director (or its equivalent). The membership of eachHSRC shall include: two FBI Agents, and two attorne

electronic surveillance application 44 f. respondin attorneyg ts o requests from fpo regarding a confidential human source 44 g. exceptions to the special notification requirements , 45 h. fil reviewes 45 i. designees 45 vii. closing a confidential 4 human source 6 a. general provisions 46 b. delayed notification to a confidential human source 46

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