C06290977 APPROVED FOR PUBLIC RELEASE Fil ED KAREN E SUTTON Cl ERK s MAY I 0 2002 EXHIBIT A U S Foreign Intelligence SurveillRnca Court UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON 0 C IN RE ELECTRONIC SURVEILLANCE AND Docket Numbers Multiple PHYSICAL SEARCH OF INTERNATIONAL TERRORIST GROUPS THEIR AGENTS AND RELATED TARGETS f5 b 1 b 3 NatSecAct CIA MINIMIZATION P ROCEDURES FOR INFORMATION FROM FISA ELECTRONIC SURVEILLANCE AND PHYSICAL SEARCH CONDUCTED BY THE FBI The following procedures shall apply to proces ing and minimization by the Central Intelligence Agency CIA of the raw results of electronic surveillance and physical search conducted by the Federal Bureau of Investigation FBI pursuant to the Foreign Intelligence Surveillance Act 50 u s c §§ 1801-1811 1821-1829 FISA These procedures shall be implemented as described in the Motion for Amended Orders Permitting Modified Minimization Procedures filid with the Foreign Intelligence Surveillance Court FISC and captioned as above Js1 1 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 specified in 50 U S C § 1801 U s Classified by Georae J Tenet DCI Reason 1 5 cl- d Declassify on Xl C06290977 APPROVED FOR PUBLIC RELEASE SEc_vr fu 2 Information about a United States person may be retained within CIA an disseminated to authorized recipients outside of CIA if the identity of the United States person and all personally identifiable information are deleted A generic term may be substituted which does not identify the United States person in the context of the message If the i nforma tion cannot be sanitized in such a fashion because the identity is necessary or it is rea onably believed that it may become necessary to understand or assess the information that identity may be retained or disseminated outside of CIA along with the information if a The information falls within one or more of the following categories 1 The information indicates that the United States person has acted or may be acting as an agent of a foreign power including informatio n indicating hat a United States person was in contact with a foreign power under facts and circumstances indicating that he intends to collaborate with a f o reign power or become an agent of a foreign power 2 The information indicates that a United States person may be a target of intelligence act ivities of a foreign power 3 The information indicates that a United States person has engaged or may be engaging i n t he unauthorized disclosure of properly classified national security information 4 The information concerns corporations or other commercial organi zations the deletion of which would hamper' the correlation of foreign intelligence information on the same subject b The information is enciphered or contains secret meaning c The information is needed to protect the safety of any persons or organizations including t hose who are targets victims or hostages of groups engaged ln international terrorism C06290977 APPROVED FOR PUBLIC RELEASE s d The information concerns a United States person who is or reasonably appears to be on the basis of that or other information an agent of a foreign power - The information involves a United States person who has c nsented to the retention or dissemination of his communications or other information concerning him f The information indicates that a United States person is engaged or may be engaged in international terrorism or activities in preparation therefor · g 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 g any person regardless of location who engages in international terrorism or activities in preparation therefor who aids abets or conspires with b 1 persons to engage in such activities or· who acts as a p 3 NatSecAct member of a group engaged in such activities i 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 with the Intelligence Community or any department contain ng such an agency ·j The personally identifiable information concerning the United States person is publicly available A communication to or from or information about a United States person which does not qualify for retention or dissemination in accordance with this paragraph must be destroyed _µr 3 Nothing in paragraph 2 above shall prohibit a ·The retention or disclosure of information necessary fpr the purpose of determining whether the requirements o·f these procedures are satisfied provided that the recipient under S Xl 3 ' C06290977 APPROVED FOR PUBLIC RELEASE S Xl 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 The retention of communications necessary for the maintenance of technical data bases so long as only col lect on or technical personnel have access to such data b·a ses c The retention or dissemination of information concerning corporations or other commercial organi zations which is · limited to their identities as manufactures of equipment and related nomenclature or their locations or d The retention or dissemination of information required by law to be retained or disseminated il 4 CIA shall also follow the following procedures a Privileged communications As soon as it becomes apparent to CIA personnel processing a communicati on acquired by electronic surveillance or physical search conducted by the FBI that such communication is between a person who is known to be under criminal indictment and an attorney that 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 shall be identified as an· attorneyclient communicati on 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 Department of Justice Office of Intelligence Policy and Review OIPR shall be notified so that appropriate procedures may be establisheo to protect such communications from review or use in any criminal prosecution while preserving 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 perso and the person ' s attorney or someone acing on behalf of the attorney concerning legal advice being sought by the former from the latter such communi cations rel ating to foreign intelligence information may be retained and disseminated SErXl 4 C06290977 APPROVED FOR PUBLIC RELEASE S l within the U S Intelligence Community if the communications are specifically labeled a being privileged However such communications may not be disseminated outside of the U S Intelligence Community without the prior approval of OieR S b Non-pertinent Communications and Particularized Minimization Procedures U l Communications determined to fall within categories of non-pertinent communications provided -by the FBI to CIA regarding a particular electronic surveillance or physical search should not be retained unless they contain information that may be retained or dissemi nated under paragraphi 2 and 3 above U 2 CIA processing personnel may review all communicat ions including those that initially appear to fall within established categories until they can reasonably determine that the communication cannot be retained or disseminated under paragraphs 2 and 3 above J 81 3 Information that appears to be foreign intelligence information may be retained even if it is acquired as a part of a communication falling within a category that is generally non-pertinent _5 S1 4 CIA processing personnel shall adhere to any special or particularized minimization procedures provided to the CIA by the FBI regarding a particular electronic surveillance or physical search ·i m · OIPR shall periodically determine that information concerning communications of or concerning United States persons that is retained meets the requirements of these procedures and the Foreign Intelligence Surveillance Act ¥ 5 -- - ·--·· ···- - - - - C0629 0 977 APPROVED FOR PUBLIC RELEASE '- b 1 9 3 NatSecAct b 1 e Dissemination to Foreign Governments Nonpublicly available identity or personally identifiable information b 3 NatSecAct concerning United States persons may be···disserninated to foreign governments provided that the information to ·be disseminated is foreign intelligence information and the dissemination is approved by the Attorney General or approved pursuant to such procedures as the Attorney General may establish for the dissemination of such information by CIA JZ · f Comoliance With Crimes Reporting Obligations Notwithstanding any of the foregoing 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 may be disseminated including United States person identities to the FBI and other appropriate federal law enforcement authorities in accordance with 50 U S C §§ 1806 b and l825 c Executive Order No 12 333 and where applicable the crimes reporting proceduies set out in the August 1995 Memorandum of Unde rstanding Reporting of Information Concerning Federal Crimes or any successor document