EXHIBIT 2 31 JUL 23 3133 33 U PROCEDURES USED BY-THE CENTRAL INTELLIGENC 1' u AGENCY IN CONNECTION WITH ACQUISITIONS OF FOREIGN 3 INFORMATION PURSUANT TO SECTION 702 OF THE FOREIGN WTEILIGENCE 3 14 3 I 37 SURVEILLANCE ACT OF 1978 AS AMENDED U With respect to unminirnized communications the Central Intelligence Agency CIA - receives from the National Security Agency N SA or the Federal Bureau of Investigation FBI that are acquired pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 as amended F ISA or the Act the CIA will follow the following minimization procedures 1 U De nitions - a U As used herein the terms Attorney General foreign power agent of a foreign power United States person person foreign intelligence information international terrorism and sabotage have the meanings speci ed in sections 101 and 701 of the Act b U The term United States person identity means 1 the name unique title or address of a United States person or 2 other personal identi ers of a United States person when appearing in the context Of activities conducted by that person or activities conducted by others that are related to that person A reference to a product by brand name or manufacturer s name or the use of a name in a descriptive sense e Monroe Doctrine is not a United States person identity c U For purposes of these procedures inetadata is dialing routing addressing or signaling information associated with a communication but do es not include information conceming the substance purport or meaning of the communication 1 U For purposes of these procedures the terms Central Intelligence Agency and personnel refer to any employees of the CIA and any other personnel acting under the direction authority or control of the Director of the CIA as well as to employees Of other US Government agencies who are physically located at CIA and who are granted access to CIA systems to perform duties in support of CIA Operations but who retain the authorities and responsibilities of their parent organization Such personnel must speci cally agree to comply with these minimization procedures comply with all CIA direction on the handling of infomiation acquired under section 702 and not make any use of Share or otherwise disseminate any information acquired pursuant to section 702 without speci c CIA approval 2 U Unminimized communications acquired in accordance with section 702 of the Act and received by CIA will be maintainedin access controlled repositories that are accessible only to those who have had the required training and are physically or logically separated from IT repositories with general access Unminimized communications that may contain United States person information that does not otherwise qualify for retention under paragraphs 3 6 or 8 of these procedures may be retained in such access-controlled repositories for no longer than ve years om the expiration date of the certi cation authorizing the collection unless the Director of the National Clandestine Service NCS or one of his or her superiors determines that an extension is necessary because the communications are reasonably believed to contain signi cant foreign intelligence information or evidence of a crime that has been is being or is about to be committed An extension under this paragraph may apply to a speci c category of communications and must be documented in writing renewed on an annual basis and reported to the Department of Justice's National Security Division N SD and the Of ce of the Director of National Intelligence U Information concerning a United States person may be retained by CIA inde nitely and outside of access controlled repositories if the information concerning the United States person is publicly available the United States person has consented to retention of the information concerning him or her or the United States person identity is deleted or otherwise sanitized to prevent the search retrieval or review of the identi ring- information a generic term may be substituted which does not identify the United States person in the context of the data If the information cannot be sanitized in such a fashion because the identity is necessary or it is reasonably believed that it may become necessary to understand or assess the information CIA may retain that information and the United States person identity inde nitely and outside of access-controlled repositories if a U The information is foreign intelligence information Such information includes but is not limited to information falling within one or more of the following categories 1 U the infonnation indicates that the United States person has acted or may be acting as an agent of a foreign power including information indicating that a United States person was in contact with a foreign power under facts and circumstances indicating that he intends to collaborate with a foreign power or become an agent of a foreign power - 2 U the information indicates that a United States person may be a target of intelligence activities of a foreign power or 3 U the information indicates that a United States person has engaged or maybe engaging in the unauthorized disclosure of properly classi ed national security information - b U The information concerns corporations or other commercial organizations the deletion of which would hamper the correlation of foreign intelligence information on the same subject - c U The information is enciphered or contains secret meaning GREZF 1 d U The information is needed to protect the safety of any persons or organizations including those who are targets victims or hostages of groups engaged in international terrorism e U The information cencerns a United States person who 13 or reasonably appears to be on the basis of that or other information an agent of a foreign power f U The information indicates that a United States person is engaged or may be engaged in international terrorism or activities in preparation therefor g U The information is needed and retained solely to identify individuals in contact with a foreign power or an agent of a foreign power including for purposes of this subparagraph any person regardless of location who engages in international terrorism or activities in preparation therefor who aids abets or conspires with persons to engage in such activities or who acts as a member of a group engaged in such activities i U The information concerns a person or activity that poses a threat of sabotage international terrorism actual or potential attack or other grave hostile act to any facility or personnel of any agency within the U S Intelligence Community or any department containing such an agency j U The information indicates that a United States person may be a target of intelligence activities of a foreign power or k U The information concerns a US Government of cial acting in an officialcapacity CIA personnel may query CIA electronic and data storage systems containing unminimiZed communications acquired in accordance with secticin 702 of the Act Such queries must be reasonably designed to nd and extract foreign intelligence information CIA will maintain records of all such queries including but not limited to United States person names and identities and NSD and ODNI will review CIA's queries of content a U Notwithstanding the above CIA personnel may query CIA electronic and data storage systems that contain metadata to nd extract and analyze metadata pertaining to communications The CIA may also use such metadata to analyze communications and may upload or transfer some or all such metadata to other CIA electronic and data storage systems for authorized foreign intelligence purposes Any dissemination outside of CIA of metadata from communications acquired under section 702 of the Act must be made in accordance with the applicable provisions of these procedures 3 b U or purposes of this section the term query does not include a user's search or query of a CIA electronic and data storage system that contains raw PISA acquired information where the user does not receive the underlying raw PISA acquired information in response to the search or query or otherwise have access to the raw PISA-acquired information that is searched 5 U Any information retained pursuant to paragraph 3 above may be disseminated to otherwise authorized recipients outside of CIA if the identity of the United States person and all personally identi able information regarding the United States person-are deleted or otherwise sanitized to prevent the search retrieval or review of the identifying information A generic term may be substituted which does not identify the United States person in the context of the data However if the information cannot be sanitized in such a manner because such person's identity is necessary to understand foreign intelligence information or assess its importance that identity may be disseminated outside of CIA without such person's consent Additionally if the information cannot be sanitized in such in a manner because it is reasonably believed that such person s identity may become necessary to understand or assess the importance of foreign intelligence information as defined by 50 U S C 1801 e 1 that identity may be disseminated outside of CM without such person's consent 6 U Nothing in these procedures shall prohibit a U The retention or disclosure of information necessary for the purpose of determining whether the requirements of these procedures are satis ed provided that the recipient under this paragraph does not retain or disclose the identity of a United States person Where it is determined that the requirements of these procedures do not permit dissemination b U The retention of communications necessary for the maintenance of technical data bases so long as only collection or technical personnel have access to such data bases c U The retention or dissemination of information concerning corporations or other commercial organizations which is limited to theiridentities as manufacturers of equipment and related nomenclature or their locations 1 U The retention or dissemination of information required by law to be retained or disseminated e U he retention or processing of communications in emergency data backup systems provided that only administrative collection or technical personnel have access to such systems In the event that information from such systems must be used to restore lost destroyed or inaccessible data CIA shall apply these procedures to the transferred data or 4 essentials momen- f U performance of lawful oversight functions of its personnel or systems or lawful oversight functions of the NSD and ODNI or the applicable Of ces of the Inspectors General g U Notwithstanding any other sectionin these procedures CLA may conduct vulnerability assessments using information acquired pursuant to section 702 of the Act in order to ensure that CLA systems have not been compromised The information used by CIA may be retained for a period not to exceed one year solely for that limited purpose Any information retained for this purpose may be disseminated only in accordance with the applicable provisions of these procedures While retained in databases for vulnerability assessments the section 702 acquired information may not be accessed for any other purpose U CIA will also follow the following procedures a U Privileged Communications As soon as it becomes apparent to CIA personnel processing a communication acquired pursuant to section 702 of the Act that such communication is between a person who is known to be under criminalpindictment in the United States and an attorney who represents that individual in the matter under indictment or someone acting on behalf of the attorney monitoring or processing of that communication will cease and the communication will be identified as an attorney client communication in a log maintained for that purpose The relevant portion of the tape document or other material containing the privileged communication will be placed under seal and the NSD will be noti ed so that appropriate procedures may be established to protect such from review or use in any criminal prosecution by or in the - United States while preserving the foreign intelligence information contained therein With respect to any other communication where it'is apparent to CIA processing personnel that the communication is between a person and the person's attorney or someone acting on behalf of the attorney concerning legal advice being sought by the former from the latter such communications relating to foreign intelligence information may be retained and disseminated within the US Intelligence Community if the communications are specifically labeled as being privileged However such communications may not be disseminated outside of the US Intelligence Community Without the prior approval of the NSD I U Dissemination to Other Federal Agencies for Technical or Linguistic Assistance It is anticipated that CIA may obtain from NSA and FBI umninimized information or communications that because of their technical or linguistic content may require further analysis by other federal agencies of the US Government collectively assisting federal agencies to assist CIA in determining their meaning or signi cance Notwithstanding other provisions of these minimization precedures CIA may disseminate computer disks tape recordings transcripts or other information or items containing unminimized information or communications acquired by NSA or FBI pursuant to section 702 of the Act to assisting federal agencies for further processing and analysis provided that the following restrictions apply with respect to any materials so disseminated 5 U Dissemination to assisting federal agencies will be solely for translation or analysis of such information or communications and assisting federal agencies will make no use of any information or any communication of or concerning any person except to provide technical assistance to CIA 2 U Dissemination will be only to tho se personnel within assisting federal agencies involved in the translation or analysis of such information or communications The number of such personnel will be restricted to the extent feasible There will be no further dissemination within assisting federal agencies of this raw data 3 U Assisting federal agencies will make no permanent agency record of information or communications of or concerning any person referred to or recorded on computer disks tape recordings transcripts or other items disseminated by CIA to assisting federal agencies provided that assisting federal agencies may maintain such temporary records as are necessary to enable them to assist CIA with the translation or analysis of such information Records maintained by assisting federal agencies for this purpose may not be disseminated within the assisting federal agency except to personnel involved in providing technical assistance to CIA 4 U Upon the conclusion of such technical assistance to CIA computer disks tape recordings transcripts or other items or information disseminated to assisting federal agencies will either be returned to be destroyed with an accounting of such destruction made to CIA U Dissemination to Foreign Governments CIA may disseminate nonpublicly available identity or personally-identi able information concerning United States persons to foreign governments provided that such information is foreign intelligence information and either the Attorney General approves the dissemination or ii CIA disseminates the information under procedures that have been approved by the Attorney General In addition CIA- may disseminate such foreign intelligence information acquired pursuant to section 702 of the Act to the extent authorized by the Director of the CIA and in accordance with Director of National Intelligence Intelligence Community directives CIA may make such disseminations without speci c Attorney General approval subj act to the following procedures 3 U Procedures for technical or linguistic assistance It is anticipated that CIA may obtain from NSA and FBI unminimized information or communications that because of their technical or linguistic content may require further analysis by foreign governments collectively assisting foreign governments to assist CIA in determining their meaning or signi cance Notwithstanding other provisions of these minimization procedures CIA may disseminate computer disks tape recordings transcripts or other information or items containing unminimized information or communications acquired by NSA or FBI pursuant to section 702 of the Act to assisting foreign governments for further processing and analysis provided that the following restrictions apply with respect to any materials so disseminated U Dissemination to assisting foreign governments will be solely-for translation or analysis of such information or communications and assisting foreign governments will make no use of any information or any communication of or concerning any person except to provide technical assistance to CIA U Dissemination will be only to those personnel within assisting foreign govemments involved in the translation or analysis of such information or communications The number of such personnel will be restricted to the extent feasible There will be no further dissemination within assisting foreign governments of this raw data U Assisting foreign governments will make no permanent agency record of information or communications of or concerning any person referred to or recorded on computer disks tape recordings transcripts or other items disseminated by CIA to assisting foreign governments provided that assisting foreign governments may maintain such temporary records as are necessary to enable them to assist CIA with the translation or analysis of such information Records maintained by assisting foreign govelnments for this purpose may not be disseminated Within the assisting foreign government except to personnel involved in providing technical assistance to CIA U Upon the conclusion of such technical assistance to CIA computer disks tape recordings transcripts or other items or information disseminated to assisting foreign governments will either be returned to CIA or be destroyed with an accounting of such destruction made to CIA - 7 8 -10 - U Any information that assisting foreign governments provide to CIA as a result of such technical assistance may be disseminated by CIA in accordance with these minimization procedures 4 U CIA will make a written record of each dissemination approved pursuant to these procedures and information regarding such disseminations and approvals will be made available for review by the Department of Justice d U Compliance With Crimes Reporting Obligations Notwithstanding other provisions of these minimization procedures information that is not foreign intelligence information but reasonably appears to be evidence of a crime that has been is being or is about to be committed maybe retained and disseminated including United States person identities to the FBI and other appropriate federal law enforcement authorities in accordance with 50 U S C and 1825 c Executive OrderNo 12333 and where applicable the crimes reporting procedures set out in the August 1995 Memorandum of Understanding Reporting of Information Concerning Federal Crimes or any successor document - 1' U Any communication received by CIA that'is acquired through the targeting of a person who at the time of targeting was reasonably believed to be a non United States person located outside the United States but is in fact located inside the United States at the time such communication is acquired or was in fact a United States person at the time of targeting will be destroyed unless the Director of the CIA Speci cally determines in writing and on a communication by communication basis that such communication is reasonably believed to contain signi cant foreign intelligence information or evidence of a crime that has been is being or is about to be committed 7 In the event that CIA seeks to use any information acquired pursuant to section '702 during a time period when there is uncertainty about the location of the target of the acquisition because the post tasking checks described in section 702 targeting procedures were not mctioning properly CIA will follow its internal procedures for determining whether such information may be us ed including but not limited to in PISA applications section 702 targeting and disseminations Except as necessary to assess location under this provision CIA may not use or disclose any information acquired pursuant to section 702 during such time period unless CIA determines based on the totality of the circumstances that the target is reasonably believed to have been located outside the United States at the time the information was acquired If CIA determines that the target is reasonably believed to have been located inside the United States at the time the information was acquired such information will not be used and will be destroyed U If CIA determines that it must take action in apparent depaiture from these minimization procedures to protect against an immediate threat to human life and that it is not feasible to obtain a timely modi cation of these procedures CIA may take such action immediately CIA will report the action taken to the ODNI and NSD which will notify the Foreign Intelligence Surveillance Court of such activity 8 11 Da 6 ill Lek r10 H Holder I Attorney General of the United