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FBI Undercover Operations — Part 1
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or anticipated, every effort should be made to
consult with the SAC, who shall seek emergency
interim authority from the designated Assistant
Director, and review by the Undercover Review
Committee if possible, or, if necessary, may
provide emergency authorization under paragraph I
below. If consultation is impossible, and the
undercover employee concludes that there is an
immediate and grave threat to life, physical
safety, or property, the undercover employee may
participate in the otherwise illegal activity, so
long as he does not take part in and makes every
effort to prevent any act of violence. A report
to the SAC shall be made as soon as possible, who
shall submit a written report to FBIHQ, which
shall promptly inform the Undercover Review
Committee. A decision by an undercover employee
to participate in otherwise illegal activity under
this subsection may be retroactively authorized if
appropriate.
(e) If an undercover operation results in violence
in the course of criminal activity, and an
undercover employee, informant, or cooperating
witness has participated in any manner in the
criminal activity, the SAC shall immediately .
inform the appropriate Federal prosecutor and
FBIHQ, which shall inform the Assistant Attorney
General in charge of the Criminal Division as soon
as possible.
Emergency Authorization
(1) In situations which require the prior written
authorization of the SAC, the SAC may orally approve an
undercover operation when he or she determines that a
significant and unanticipated investigative opportunity
would be lost were the time taken to prepare a written
authorization. The required written authorization,
with the justification for the oral approval included,
shall be prepared promptly and forwarded to FBIHQ.
(2) Emergency interim authorization procedures are in
place within FBIHQ that provide for expeditious review
and authorization of a proposed undercover operation.
See G.(3). If the SAC concludes that an emergency
situation exists which makes even this expedited
procedure too lengthy, in the following situations, the
SAC may authorize the undercover operation:
(a) In situations which would otherwise require
approval by the designated Assistant Director, the
SAC may approve an undercover operation when he or
she determines that without immediate initiation,
16
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