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FBI Undercover Operations — Part 1
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~ been taken to minimize the incidence of sensitive
circumstances and reduce the risks of harm and
intrusion that are credted by such circumstances. If
the Committee recommends approval of an undercover -
operation, the recommendation shall include a brief
written statement explaining why the operation merits
approval in light of the anticipated occurrence of
sensitive circumstances.
(4) The Committee shall recommend approval of an
undercover operation only upon reaching a consensus,
provided that:
(a) If one or more of the designees of the
Assistant Attorney General in charge of the
Criminal Division does not join ina
recommendation for approval of a proposed
operation because of legal, ethical, prosecutive,
or departmental policy considerations, the
designee shall promptly advise the Assistant
Attorney General and no further action shall be
taken on the proposal until the designated
Assistant Director has had an opportunity to
consult with the Assistant Attorney General; and
(b) If, upon consultation, the Assistant Attorney
General disagrees with a decision by the
designated Assistant Director to approve the
proposed operation, no further action shall be
taken on the proposal without the approval of the
Deputy Attorney General or the Attorney General.
(5) The Committee should consult the Legal Counsel
Division of the FBI and the Office of Legal Counsel or
other appropriate division or office at DOJ about any
significant unsettled legal questions concerning
authority for, or the conduct of, a proposed undercover
operation.
(6) The Director, Assistant Attorney General, or other
official designated by them may refer any sensitive
investigative matter, including informant, cooperating
witness, and cooperating subject operations, to the
Undercover Review Committee for advice, recommendation
or comment, regardless of whether an undercover
operation is involved.
(7) The United States Attorney, Special Agent in
Charge or any member of their staffs, may attend the
Criminal Undercover Operations Review Committee in
order to advocate for the approval of an undercover
operation. :
(8) If the Special Agent in Charge and the United.
States Attorney jointly disagree with any stipulation
10
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