EXCEPTION TO VANCE MEMORANDUM - APPROVAL FOR U.S.

S E C R E T STATE 061816

NOFORN

E.O. 12958: DECL: 1.6X1
TAGS: ASEC

SUBJECT: EXCEPTION TO VANCE MEMORANDUM - APPROVAL FOR U.S.
DIPLOMATIC INSTALLATIONS TO INSTALL MONITORING EQUIPMENT
IN "WALK-IN" ROOMS.

REF: APPROVED DEPUTY SECRETARY ACTION MEMO DATED
2/13/04.

CLASSIFIED BY: ASSISTANT SECRETARY FRANCIS X. TAYLOR, DS
REASONS: 1.4 (C) AND (D)


1. (S) IN VIEW OF CHANGING WORLD CONDITIONS AND THE GLOBAL
WAR ON TERRORISM, THE DEPUTY SECRETARY HAS APPROVED A
MODIFICATION TO THE 1977 VANCE MEMORANDUM.
WHICH STATES, IN PART, THAT NO OFFICER OR EMPLOYEE OF THE
STATE DEPARTMENT OR FOREIGN SERVICE SHALL DIRECT, ARRANGE FOR,
PERMIT, OR UNDERTAKE THE MONITORING OR MECHANICAL OR
ELECTRONIC RECORDING OF ANY CONVERSATION, INCLUDING ANY
TELEPHONE CONVERSATION, WITHOUT THE EXPRESS CONSENT OF
ALL PERSONS INVOLVED IN THE CONVERSATION.
ANY DEVIATION FROM THIS RULE MUST BE APPROVED IN ADVANCE BY
THE SECRETARY OF STATE OR DEPUTY SECRETARY.


2. (S/NF) THE EXCEPTION APPROVED BY THE DEPUTY SECRETARY ON
FEBRUARY 13, 2004 NOW PERMITS REGULAR MONITORING AND RECORDING
OF INTERVIEWS WITH FOREIGN NATIONALS AT "WALK-IN ROOMS"
AT OVERSEAS POSTS. THIS MODIFICATION ONLY APPLIES
TO RECORDING OF INTERVIEWS WITH FOREIGN NATIONALS
IN ACCORDANCE WITH THE PROVISOS LISTED IN PARA 7.


3. (S/NF) BACKGROUND: PEOPLE WHO VOLUNTARILY COME TO A
U.S. EMBASSY AND OFFER INFORMATION ARE COMMONLY
REFERRED TO UNDER THE GENERIC NAME OF WALK-INS. IN
MOST INSTANCES, DS AGENTS ASSIGNED TO THE REGIONAL
SECURITY OFFICE IS THE FIRST OFFICER TO CONDUCT AN INITIAL
INTERVIEW WITH THE WALK-IN (THIS MAY VARY IN ACCORDANCE TO
THE POST'S WALK-IN PLAN). IT IS THE FIRST-CONTACT OFFICER'S
RESPONSIBILITY TO BEGIN TO ESTABLISH THE SUBJECT'S BONA
FIDES AND REASON FOR VISITING THE POST. COORDINATION
IS THEN EFFECTED WITH OTHER APPROPRIATE
EMBASSY OFFICERS REGARDING ADDITIONAL QUESTIONING OR ANY
FUTURE HANDLING OF THE INDIVIDUAL. IN SOME CASES,
OTHER AGENCIES (E.G., DEA, FBI, RAO) MAY ALSO BE INVOLVED
IN SUBSEQUENT STAGES.


4. (S/NF) HISTORY HAS SHOWN THAT WALK-INS COME IN MANY SHAPES
AND SIZES. WHILE SOME RELAY INFORMATION THAT IS CORROBORATED
AS VALID, MANY OTHERS HAVE PROVEN TO BE MENTALLY DISTURBED
PERSONS, INTELLIGENCE VENDORS, FABRICATORS, AND PROVOCATEURS
FROM HOSTILE INTELLIGENCE SERVICES OR PERSONS WHO MAY HAVE
BEEN SENT TO GATHER INFORMATION ON BEHALF OF TERRORIST OR
NARCOTICS-TRAFFICKING ORGANIZATIONS.


5. (S/NF) ALMOST ALL EMBASSIES HAVE A ROOM DESIGNATED AS AN
INTERVIEW OR WALK-IN ROOM. THIS IS NORMALLY LOCATED BEHIND
THE INITIAL SCREENING POINT, BUT STILL OUTSIDE OF THE
EMBASSY HARDLINE. IN ACCORDANCE WITH THE NEW EXCEPTION,
POSTS MAY EQUIP THESE PERMANENT ROOMS WITH HIDDEN AUDIO
AND VISUAL MONITORING DEVICES TO MONITOR CONVERSATIONS
OCCURRING IN THE ROOM. SUCH MONITORING WILL ATTAIN TWO
OBJECTIVES: A) ENHANCE THE SAFETY OF THE U.S. PERSONNEL
CONDUCTING THE INTERVIEW IN THE EVENT THE SUBJECT BECOMES
VIOLENT, AND B) PERMIT AN ACCURATE CAPTURING OF INFORMATION
CONVEYED (MOST INTERVIEWS ARE CONDUCTED IN A FOREIGN LANGUAGE
AND A TAPE CAN SUBSEQUENTLY PERMIT DETAILED REVIEW OF THE
WORDS UTILIZED).


6. (S/NF) BECAUSE THE U.S. EMBASSY PERSONNEL INITIATE AND
AGREE TO THE MONITORING ACTIVITY, THIS AMENDED PROCEDURE
IS CONSIDERED CONSENSUAL MONITORING. CONSENSUAL MONITORING
IS THE RECORDING OF CONVERSATIONS WHEN ONE PARTY TO THE
CONVERSATION CONSENTS TO THE RECORDING AND IS A STANDARD
LAW ENFORCEMENT TECHNIQUE THAT IS WIDELY USED IN FEDERAL
LAW ENFORCEMENT. IT DOES NOT REQUIRE A COURT ORDER AND
IS SPECIFICALLY PERMISSIBLE UNDER 18 USC 2511 (2)(C).


7. (S/NF) POSTS SHOULD CONVENE THEIR CIWGS TO DISCUSS
SPECIFIC IMPLEMENTATION OF THE APPROVED EXCEPTION WITH
THE FOLLOWING PROVISOS IN MIND:
A) THE MONITORING OF THESE INTERVIEWS WITHOUT THE KNOWLEDGE
OF THE PARTY BEING INTERVIEWED MAY ONLY OCCUR WITH FOREIGN
NATIONALS. CONVERSATIONS WITH U.S. CITIZENS AND LEGAL
PERMANENT RESIDENTS (LPR) CONTINUE TO FALL UNDER THE VANCE
MEMORANDUM GUIDELINES, AND IN SUCH CASES ALL
PARTIES MUST CONSENT TO ANY RECORDING/MONITORING ACTIVITY.
FOREIGN NATIONALS DO NOT/NOT HAVE TO BE ADVISED
THAT THE INTERVIEW IS BEING RECORDED OR MONITORED.
B) AS A MATTER OF ROUTINE, AN IDENTIFYING DOCUMENT
SHOULD BE REQUESTED OF THE WALK-IN PRIOR TO THE COMMENCEMENT
OF THE INTERVIEW. IN ADDITION TO COPYING THE
DOCUMENT FOR PERMANENT RECORD, THIS WILL ALSO ASSIST IN
DETERMINING IF THE PERSON IS A U.S. CITIZEN OR LPR.
C) THE MONITORING DEVICES DO NOT/NOT HAVE TO VISIBLE.
THEY MAY BE CONCEALED FROM THE PERSON BEING INTERVIEWED.
D) VIDEO DEVICES MAY BE PLACED SO THAT THE U.S. PERSONNEL
CONDUCTING THE INTERVIEW ARE NOT NECESSARILY CAPTURED ON
VIDEOTAPE.
E) THE MONITORING DEVICES MAY NOT BE AUTOMATIC. PRIOR TO
THE COMMENCEMENT OF THE ACTUAL INTERVIEW, THE INTERVIEWING
EMBASSY OFFICER MUST MAKE A DELIBERATE DECISION TO MONITOR/NOT
MONITOR (TAKING INTO ACCOUNT THE GUIDANCE IN POINT B ABOVE).
MOST POSTS WILL OPT TO HAVE THE ACTIVATION SWITCHES LOCATED
AT MSG POST 1 OR ANOTHER CONVENIENT LOCATION. THE POST
WALK-IN PLAN WILL ESTABLISH A MECHANISM FOR COMMUNICATING
THE MONITOR/DON'T MONITOR DECISION TO MSG POST 1 OR WHEREVER
THE ACTIVATION SWITCHES ARE LOCATED. F) RECORDINGS/TAPES OF
THE INTERVIEWS MAY BE DISSEMINATED TO THOSE AGENCIES AT POST
WITH INTELLIGENCE, SECURITY AND LAW ENFORCEMENT FUNCTIONS
CONNECTED TO THE MATTER DISCLOSED BY THE PERSON INTERVIEWED
OR AS PER GUIDANCE ESTABLISHED BY THE CIWG.
G) THE REGIONAL SECURITY OFFICE WILL RETAIN COPIES OF ALL
RECORDED/TAPED INTERVIEWS FOR A MINIMUM OF NINETY (90) DAYS.
RECORDS OF SUBSEQUENT DESTRUCTION OR TRANSFER MUST BE RETAINED
TO INCLUDE DATE OF INTERVIEW, NAME OF SUBJECT INTERVIEWED,
BRIEF DESCRIPTION OF INFORMATION DIVULGED IN INTERVIEW,
SUBSEQUENT REFERRAL OF INFORMATION AND DATE TAPES/RECORDINGS
DESTROYED.
H) REPORTING OF THREAT INFORMATION WILL NOT BE AFFECTED BY THIS
MODIFICATION. THREAT INFORMATION IS TO BE REPORTED AS
OUTLINED IN 2001 STATE 114250. IN THE EVENT AN INTERVIEW
RESULTS IN CREDIBLE THREAT INFORMATION BEING DIVULGED, RSO
WILL ALSO FORWARD A COPY OF THE TAPE/RECORDING VIA CLASSIFIED
POUCH TO DS/PII.


8. (U) DEPARTMENT NOTES THAT DUE TO RESOURCE CONSTRAINTS
THESE ITEMS MUST BE EITHER POST FUNDED OR PROVIDED BY A
PARTICIPATING AGENCY OF THE COUNTERINTELLIGENCE WORKING
GROUP (CIWG).


9. (U)QUESTIONS REGARDING THIS POLICY SHOULD BE DIRECTED
TO DIRECTOR, DS/DO/ICI, (571-345-2944, STU).
POWELL