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National Security Letters — Part 1
Page 853
853 / 1188
List of Financial Institutions’ Consumer Identifying Information- FORA 15 USC §168)(u}
Full Credit Report- FCRA 15 USC §1681(v) (Gnly CT Cases} - Remember, full credit
reports sought pursuant to FCRA 1681 ¥ require must be related to international
terrorism. CD investigations must have an international terrorism nexus in order
for this type of NSL to be used.
[1 Is the EC classified properly in accordance with the case information contained
therein?
() is the NSL included as an enclosure to the EC?
CL] Does the cover EC document the predication for the NSL by clearly stating why the
information sought is relevant to an authorized investigation and that the authorized
investigation is still lawfully predicated?
C] Is there a reporting paragraph stating the USP status of the subject of the investigation,
as well as the USP status of the person about whom the NSL is seeking information?
{J Does the reporting paragraph specify the number of phone numbers, email addresses,
account numbers or individual records being requested by the NSL and break down the
numbers by recipient?
L} Does the EC provide a paragraph specifying the manner in which the NSL recipient
should be instructed to return the information?
C] Is the certification of the necessity for nondisctosure (when applicable) documented?
If a nondisclosure provision is sought (not required but used in the vast majority of cases}, the EC
must set forth a factual predicate to require such a provision. As a general matter. the certification
must assert that disclosure may endanger nahional security, interfere with a criminal, counter
lerrorism, or counterintelfigence investigation, interfere with diplomatic relations, or endanger the
life or physical safety of a person. A non-exhaustive list of reasons for non-disclosure is found on
the OGC NSL website. (National Security peters)
If Nondisclosure invoked, the EC should contain this language:
(U} In accordance wath [cite to pertinent stanite] I, the senior official approving this EC, certify
that a disclosure of the fact that the FBI has sought or obtained access to the information sought
by this letter may endanger the national security of the United States, interfere with a criminal,
counter terrorism, or counterintelligence investigation, interfere with diplomatic relations, or
endanger the life or physical safety of a persan.
(5) Brief statement of the facts justifying my certification in this case:
If Nondisclosure declined, the EC should contain this language:
Reveal the original PDF page, then click a word to highlight the OCR text.
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