◆ SpookStack

To: All Divisions Frem: Office of the General Counsel Re: 319K-HO-A1487720-0G6C, 04/07/2006 prepared to exercise, the delegated authority. The Director has made delegations to FBI Field Offices in a separate communication. Field Offices with delegated authority will receive instructions on the process of preparing and issuing NSLs (instructions and updated forms will be posted on the FB] OGC National Security Law Branch website). The remaining changes are summarized in the chart below. FBI OGC NSLB will publish additional guidance on this authority as necessary. Nondisclosure activated by | * FBI certification: There may result a danger to the national FBI Certification: security of the United States, interference with a criminal, Se counterterrorism, or counterintelligence investigation, imerference with diplomatic relations, or danger to the life or physical safety of any person, if a recipient discloses that the FBI has sought or obtained access to information or records under NSL statutes. * Authority level: Director of the FBI, or his designee in a position not lower than DAD at FBI headquarters, or a Special _ | Agent in Charge in a Bureau field office designated by the ‘| Director. Exceptions - Recipient | « Recipient may disclose to persons necessary to comply with may disclase NSL request: | NSL request. | ¢ Attorney: Recipient may disclose to an attorney to obtain legal CO advice or legal assistance regarding any NSL request. Notice: ° ~. ~*~ | * The NSL shalt notify the recipient of the nondisclosure . oes T requirement. | ° Recipient disclosing NSL to an individual necessary to comply or, fo an attorney, shall inform them of the applicable nondisclosure requirement. FBI request for identity of | * Only activated at the request of the FBI Director or Director’s persons to whom recipient’ | designee. plans to disclose NSL: . — ; ; se gd * Recipient of NSL shall identify the persons to whom disclosure will be made or was made. “\<: ) * EXCEPT: Nothing requires the person to identify an attomey | to whom disclosure was made or will be made to obtain legal advice or legal assistance, See. 117. Violations of Nondisclosure Provisions of Nationa) Security Letters. This section makes 11 a federal crime for an individual to knowingly and with the intent to obstruct an investigation or judicial proceeding violate the nondisclosure provision of an NSL. Procedural Changes Related to Violations of National Security Letter Non-disclosure: None at this point.