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Wy - SEGRET To: Counterterrorism From: General Counsel Re: Qa 277 -HQ~-C1229736-VI0, 7/11/2006 ve As rzquired by Executive Order (E.0,) 12863 (Sept. 13, 1993) ani Section 2-56 of the National Foreign Intelligence Prograa Manual (NFIPM), OGC was tasked to determine whether the errors described here are matters that should be reported to the IOB. We believe that the reported activity does not require IOB notification. (Uj) Section 2.4 of E.O. 12863 mandates that the heads of Intelligence Community components report all information to the IOB that it deems necessary to carry out its responsibilities. That section requires Inspectors Genéral and General Counsel of the Intelligence Community to report "intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language has been interpreted to mandate the reporting of any violation of guidelines or requlations approved by the Attorney General, in accordance with E.0. 12333, if such provision was designed in full or in part to protect the individual rights of a United States person. This includes Violations of agency procedures issued under E.0. 12333, unless they involve purely administrative matters.’ For the FBI, OGC . bl Submits reports to the IOB.‘ NSIG ntroduction) at 4, ection <- or the NFIPM identifies as reportable to the IOB unauthorized investigations, the use of unlawful methods and techniques, exceeding the authorized scope mee THe See EC from Inspection Division to Ali Divisions; Title: Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, Case ID # 66F-HO-AL247863 Serial 172 at 5-6 (2/10/2005). The FBI is required to maintain for three years records of administrative violations, for possible review by the Counsel to the IOB, together with a copy of the opinion concerning the basis for the determination that IOB notification was not required. Id. at 6. SERRET Wmv OSE See id. at 4.