![]() ![]() Where a matter affects the national security, regardless of the specific statute(s) implicated, prosecutions shall be instituted and conducted under the supervision of the Assistant Attorney General, National Security Division, or higher authority. The enforcement of all criminal laws affecting, involving or relating to the national security, and the responsibility for prosecuting criminal offenses, such as conspiracy, perjury and false statements, arising out of offenses related to national security, is assigned to the Assistant Attorney General (AAG) of the National Security Division. Authority to Conduct Prosecutions Relatin g to the National Security. Prior approval, consultation and notification requirements related to national security can be found in JM 9-90.020, below.ī. See JM 9-2.400 for circumstances requiring prior consultation with or approval from OIA. Coordination of such matters will be handled by the Criminal Division, Office of International Affairs (OIA). In addition, this chapter does not apply when a matter's sole nexus to national security is foreign relations (e.g., international extradition indictment of a high ranking foreign official for a non national security crime and other treaty-related issues). ![]() This chapter applies to national security matters other than counterterrorism matters counterterrorism matters are covered principally by JM 9-2.136 et seq. In addition, the Attorney General, or the Attorney General's designee, has certain statutory authority and obligations related to national security prosecutions.That authority and those obligations may be properly exercised and met only with appropriate coordination within the Department by the respective United States Attorneys' Offices (USAOs). When national security issues arise during a criminal prosecution, they must be resolved through careful coordination by the Department of Justice (Department) with high level officials from the intelligence, military and foreign affairs communities. This includes countering terrorism combating espionage and economic espionage conducted for the benefit of any foreign government, foreign instrumentality, or foreign agent enforcing export controls and sanctions and disrupting cyber threats that are perpetrated by nation states, terrorists, or their agents or proxies. National security encompasses the national defense, foreign intelligence and counterintelligence, international and internal security, and foreign relations. Protecting our national security is the Department's top priority. § 219ĭisclosure of Foreign Influence Operations Public Officials Acting As Agents Of Foreign Principals-18 U.S.C. § 1701 et seq.įoreign Agents Registration Act-22 U.S.C. International Emergency Economic Powers Act-50 U.S.C. §§ 4801-4852Įxport Control and Sanctions Enforcement Policy for Business Organizations § 831Įxport Control and Unlawful Transactions with Foreign CountriesĮxport Control Reform Act-50 U.S.C. Other Prohibited Transactions Involving Nuclear Materials-18 U.S.C. Policies for the Prosecution of Espionage, Export and Other Internal Security Offenses Policies and Procedures for Criminal Cases That Involve Classified InformationĬontacts with the Intelligence Community Regarding Criminal Investigations or Prosecutionsĭisclosure Of Classified Information to the Grand JuryĬlassified Information Procedures Act (CIPA) General Policies Concerning Prosecutions For Crimes Directed at National Security and for Other Crimes in which National Security Issues May Arise National/International Security Coordinators in United States Attorneys' Offices National Security Matters-Prior Approval, Consultation, and Notification Requirements ![]()
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