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FBI Undercover Operations — Part 1
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set by the Criminal Undercover Operations Review
Committee regarding the approval of an undercover
~ operation, they may consult with the chairman of the
Criminal Undercover Operations Review Committee who may
schedule a meeting of the committee to reconsider the
issue in question.
(9) At any time during the undercover operation the
Special Agent in Charge can appeal any Headquarters
decision directly to the Assistant Director. Likewise,
the United States Attorney can appeal directly to the
Assistant Attorney General, Criminal Division, or the
Deputy Attorney General as appropriate.
E. Approval by the Director, Deputy Director, Associate
Deputy Director-Investigations, or Designated Assistant
Director
A designated Assistant Director may approve an undercover
operation considered by the Undercover Review Committee, unless
the investigation involves sensitive circumstances (1)-or (m).
Except pursuant to the limited circumstances described in Section
I below, only the Director, Deputy Director, or Associate Deputy
Director-Investigations may approve a proposed operation if a
reasonable expectation exists that:
(1) The undercover operation will be used to
participate in the activities of a group under
investigation as part of a Domestic Security
Investigation or to recruit a person from within such a
group aS an informant or confidential: source (Sensitive
Circumstance (1));
(2) There may be a significant risk of violence or
personal injury to individuals or a Significant risk of
financial loss (Sensitive Circumstance (m)).
F. Application/Notification to FBIHO
(1) Application to FBIHQ must be made for any
undercover operation requiring FBIHQ approval. Each
application shall include:
(a) The written Sac approval described in B(1)
above;
(b) A description of the Proposed operation and
the particular cover to be employed; any
informants or other cooperating persons who will
assist in the operation, including background
information, arrest record, and plea agreements;
the particular offense or criminal enterprise
under investigation; and any individuals known to
be involved;
11
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