Description of document: Naval Criminal Investigative Service (NCIS) manual 3, 2008 Requested date: 14-December-2015 Released date: 29-September-2016 Posted date: 17-October-2016 Source of document: Naval Criminal Investigative Service Headquarters (Code 00LJF) 27130 Telegraph Road Quantico, VA 22134-2253 E-mail: [email protected] Fax: (571) 305-9867 The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. 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DEPARTMENT OF THE NAVY HEADQUARTERS NAVAL CRIMINAL INVESTIGATIVE SERVICE 27130 TELEGRAPH ROAD QUANTICO VA 22134-2253 5720 2016-002026 SEROOLJF/16U1573 SEP 2 9 2016 This further responds to your December 14, 2015 Freedom oflnformation Act (FOIA) request seeking Naval Criminal Investigative Service (NCIS) manuals 1, 2 and 3 and the NCIS Service Managers Internal Control (MIC) Plan. Your request was received in this office on December 14, 2015. To accommodate you, we composed a partial release. The processing of the NCIS 3 manual and final release has been completed. Our review of the documents reveals that they contain personal identifiers (such as names and emails) of third parties, the release of which would constitute an unwarranted invasion of personnel privacy. Accordingly, we must partially deny your request and withhold this information pursuant to the FOIA 5 U.S.C. § 552(b)(6) and (b)(7)(C). Exemption (b)(7)(E) has also been cited. We have also provided an enclosure explaining the various exemptions of the FOIA. If you would like to appeal any adverse determination, I am advising you of your right to appeal. Your appeal must be postmarked within 90 calendar days from the date of this letter and should be addressed to the Secretary of the Navy's designee: Office of the Judge Advocate General, (Code 14), 1322 Patterson Avenue, S.E., Suite 300, Washington Navy Yard, D.C. 20374-5066. The envelope and letter should bear the annotation "FOIA Appeal." Please include a copy of your original request with your appeal letter. If you choose not to appeal, you have the right to seek dispute resolution services. You may contact the Department of the Navy's FOIA public liaison, Mr. Chris Julka, at [email protected] or (703) 697-0031 or the Office of Government Information Services (https://ogis.archives.gov/). There are no assessable fees associated with the processing of your request. If you have any questions regarding this matter, please contact our office atsw;a (571) 305-9092 or via email at [email protected]. ~~EN RICHMAN CDR, JAGC, USN Encl: (1) CD/Documents CHAPTER 1 TITLE: AUTHORITY, JURISDICTION, AND SCOPE POC: CODE 00L DATE: MAY 08 1-1. ESTABLISHMENT OF NCIS 1-2. COUNTERINTELLIGENCE MISSION 1-3. LIAISON 1-4. SECURITY MATTERS 1-5. INVESTIGATIVE MISSION 1-6. LAW ENFORCEMENT AUTHORITY 1-7. THREAT WARNING AND ANALYSIS 1-1. ESTABLISHMENT OF NCIS The Naval Criminal Investigative Service (NCIS) was formally established in January 1993 under the Secretary of the Navy. Its predecessor, the Naval Investigative Service (NIS), was established in February 1966 under the Chief of Naval Operations. NCIS is a federal law enforcement agency that protects and defends the Department of the Navy (DON) against terrorism and foreign intelligence threats, investigates major criminal offenses, enforces the criminal laws of the United States and the Uniform Code of Military Justice (UCMJ), assists commands in maintaining good order and discipline, and provides law enforcement and security services to the Navy and Marine Corps on a worldwide basis. NCIS had several predecessor organizations with essentially the same mission. 1-2. COUNTERINTELLIGENCE MISSION 1-2.1. NCIS is the primary agency within the DON for the conduct of counterintelligence (CI) and related activities. This responsibility is detailed in SECNAVINST 5430.107 dated 28 December 2005, various Department of Defense (DoD) Directives, and an agreement with the Department of Justice (DOJ) governing the conduct of DoD CI activities. SECNAVINST 3850.2C implements DoD guidance regarding CI functions and restates NCIS responsibility for the conduct of CI for DON, less those combat related CI matters within the functional responsibilities of the Marine Corps. 1-2.2. Definition. Joint Publication 1-02, “DoD Dictionary of Military and Associated Terms”, states that CI investigations are conducted to prove or disprove an allegation of espionage or other intelligence activities, such as sabotage, assassination, or other national security crimes conducted by or on behalf of a foreign government, organization, or person or international terrorists. CI investigations may establish the elements of proof for prosecution or administrative actions, provide a basis for CI operations, or validate the suitability of personnel for access to classified information. CI investigations are conducted against individuals or groups for committing major security violations, as well as failure to follow defense agency and military service directives governing reporting contacts with foreign citizens and out-of-channel requests for defense information. CI investigations provide military commanders and policymakers with information used to eliminate security vulnerabilities and otherwise improve the security posture of threatened interests. 1-2.3. Objectives. The objectives of DoD and DON CI are, as found in DoD Directive 5240.2 of May 22, 1997 to detect, identify, assess, exploit, and counter or neutralize the intelligence collection efforts, other intelligence activities, sabotage, terrorist activities, and assassination efforts of foreign powers, organizations, or persons directed against DON, its personnel, information, and activities. Within DON, NCIS has exclusive jurisdiction in noncombat matters involving actual, potential, or suspected terrorism, sabotage, espionage, and subversive activities, per SECNAVINST 5430.107. This jurisdiction includes actual, suspected, or attempted defection by DON personnel. 1-3. LIAISON Within the DON, NCIS has exclusive responsibility for liaison with federal, state, local, and foreign law enforcement, security and intelligence agencies on all criminal investigative, CI, counterterrorism, and security matters assigned to NCIS by SECNAVINST 5430.107 and its references. Commands may pursue interaction with federal, state, local, and foreign law enforcement, security, and intelligence agencies on antiterrorism matters, but shall do so in coordination with NCIS. Execution of this responsibility shall not limit any of the following: a. Contact between Navy and Marine Corps judge advocates and federal, state or local officials to determine prosecutorial jurisdiction and grants of immunity, coordinate pretrial agreements, or take any other action consistent with the duties of judge advocates. b. Interaction between commands and federal, state, local, or foreign law enforcement and security officials on routine matters involving physical security, minor offenses, purely military offenses, traffic matters, and training. c. Liaison conducted by Marine Corps CI elements in accordance with SECNAVINST 3850.2C. 1-4. SECURITY MATTERS 1-4.1. Per SECNAVINST 5510.36 series, coordination between commands and NCIS in security matters will take place immediately in the following circumstances: a. Classified information has been, or is suspected of being lost, compromised, or subjected to compromise. b. Request is submitted through other than official channels for classified national defense information from anyone, or for unclassified information from an individual believed to be in contact with a foreign intelligence service. c. A member with access to classified information commits suicide or attempts to commit suicide. d. A member who had access to classified information is an unauthorized absentee, and there are indications that the absence may be adverse to national security interests. 1-4.2. U.S. Persons, Non-DoD-Affiliated Persons and Organizations, Non-DoD-Affiliated U.S. Citizens Outside the U.S. a. Occasionally, elements of DoD have been subjected to criticism for investigative conduct that was perceived to be an infringement of basic privacy rights of U.S. citizens not affiliated with DoD and an unwarranted intrusion into the affairs of similarly non-affiliated U.S. organizations. In order to eliminate the basis for future criticism, DoD established guidelines (DoD Directive 5200.27) regarding the collection, retention, and dissemination of information on persons and organizations not affiliated with DoD within the U.S., and on non-DoD-affiliated U.S. citizens