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(S) hi b3 b2 b7E sechgr ---~ Working *Copy ---- Page (JU) Pursuant to Sections 1806{b}, 1825{c}, and 1845(b}) of the FISA, FISA-derived information may not be disclosed for law enforcement purposes or used in a criminal proceeding without prior authorization of the Attorney General. Pursuant to a memorandum of the Attorney General dated March 6, 2002, the issuance of a grand jury subpoena falis within the definition of a "criminal proceeding" as that term is used in the FISA. Thus, a subpoena containing FISA- derived information requires prior authorization of the Attorney General before it is disclosed or used in a criminal proceeding. {(U)} Section 2.4 of Executive Order (EO) 12863, dated September 13, 1993, requires the General Counsel for the Intelligence Community, including FSI/OGC, to report to the IOB intelligence activities that they have reason to believe are unlawful or contrary to executive order or presidential directive. i ~~ bey Pursuant to the FISA, a grand jury subpoena containing FISA-derived information may not be disclosed without prior authorization of the Attorney General. The Division served a federal grand jury subpoena containing FISA-derived information on a third party without obtaining the Attorney General’s prior authorization. it is the opinion of Office of General Counsel that this constitutes a violation of the FISA that must be reported to the IOB. (U) at Based upon the above analysis, and consistent the reporting requirements of Section 2.4 of E.O. 12963, OGC will prepare a cover letter and an LHM to report this matter to the IOB. That correspondence will also advise the ICB that this matter will be referred to the FBIs Office of Professional Responsibility. Lead({s): Set Lead 1: (Action) COUNTERTERRORISM DIVISION AT WASHINGTON, DC {(U) For information, Set Lead 2: (Action) SECRET