Mail Covers. Tained by the Postal Service for the Transmission of Letters Sealed Against (A) Policy

United States Postal Service § 233.3

reward under this section for informa- Sealed mail includes: First-Class Mail; tion obtained while so employed. The Priority Mail; Express Mail; Express Chief Inspector may establish such pro- Mail International; Global Express cedures and forms as may be desirable Guaranteed items containing only doc- to give effect to this section including uments; Priority Mail International procedures to protect the identity of flat-rate envelopes and small flat-rate persons claiming rewards under this boxes; International Priority Airmail, section. except M-bags; International Surface [36 FR 4673, Mar. 12, 1971, as amended at 42 Air Lift, except M-bags; First-Class FR 43836, Aug. 31, 1977. Redesignated at 46 FR Mail International; Global Bulk Econ- 34330, July 1, 1981, and amended at 47 FR omy, except M-bags; certain Global Di- 26832, June 22, 1982; 47 FR 46498, Oct. 19, 1982; rect mail as specified by customer con- 49 FR 15191, Apr. 18, 1984; 54 FR 37795, Sept. tract; and International Transit Mail. 13, 1989; 55 FR 32251, Aug. 8, 1990; 59 FR 5326, (4) Unsealed mail is mail which under Feb. 4, 1994; 60 FR 54305, Oct. 23, 1995; 63 FR postal laws or regulations is not in- 52160, Sept. 30, 1998; 69 FR 16166, Mar. 29, 2004] cluded within a class of mail main- § 233.3 Mail covers. tained by the Postal Service for the transmission of letters sealed against (a) Policy. The U.S. Postal Service inspection. Unsealed mail includes: maintains rigid control and supervision Periodicals; Standard Mail; Package with respect to the use of mail covers Services; incidental First-Class Mail as an investigative technique for law attachments and enclosures; Global enforcement or the protection of na- Express Guaranteed items containing tional security. non-documents; Priority Mail Inter- (b) Scope. These regulations con- national, except flat-rate envelopes stitute the sole authority and proce- and small flat-rate boxes; International dure for initiating a mail cover, and for Direct Sacks—M-bags; certain Global processing, using and disclosing information obtained from mail covers. Direct mail as specified by customer (c) Definitions. For purpose of these contract; and all items sent via ‘‘Free regulations, the following terms are Matter for the Blind or Handicapped’’ hereby defined. under 39 U.S.C. 3403–06 and Inter- (1) Mail cover is the process by which national Mail Manual 270. a nonconsensual record is made of any (5) Fugitive is any person who has fled data appearing on the outside cover of from the United States or any State, any sealed or unsealed class of mail the District of Columbia, territory or matter, or by which a record is made of possession of the United States, to the contents of any unsealed class of avoid prosecution for a crime, to avoid mail matter as allowed by law, to ob- punishment for a crime, or to avoid tain information in order to: giving testimony in a criminal pro- (i) Protect national security, ceeding. (ii) Locate a fugitive, (6) Crime, for the purposes of this sec- (iii) Obtain evidence of commission tion, is any commission of an act or or attempted commission of a crime, the attempted commission of an act (iv) Obtain evidence of a violation or that is punishable by law by imprison- attempted violation of a postal statute, ment for a term exceeding one year. or (7) Postal statute refers to a statute (v) Assist in the identification of describing criminal activity, regardless property, proceeds or assets forfeitable of the term of imprisonment, for which under law. the Postal Service has investigative (2) For the purposes of § 233.3 record is authority, or which is directed against a transcription, photograph, photocopy the Postal Service, its operations, pro- or any other facsimile of the image of grams, or revenues. the outside cover, envelope, wrapper, (8) Law enforcement agency is any au- or contents of any class of mail. thority of the Federal Government or (3) Sealed mail is mail which under any authority of a State or local gov- postal laws and regulations is included ernment, one of whose functions is to: within a class of mail maintained by (i) Investigate the commission or at- the Postal Service for the transmission tempted commission of acts consti- of letters sealed against inspection. tuting a crime, or

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(ii) Protect the national security. (i) Protect the national security, (9) Protection of the national security (ii) Locate a fugitive, means to protect the United States (iii) Obtain information regarding from any of the following actual or po- the commission or attempted commis- tential threats to its security by a for- sion of a crime, or eign power or its agents: (iv) Assist in the identification of (i) An attack or other grave, hostile property, proceeds or assets forfeitable act; because of a violation of criminal law. (ii) Sabotage, or international ter- (3) When time is of the essence, the rorism; or Chief Postal Inspector, or designee, (iii) Clandestine intelligence activi- may act upon an oral request to be ties, including commercial espionage. confirmed by the requesting authority (10) Emergency situation refers to cir- in writing within three calendar days. cumstances which require the imme- Information may be released by the diate release of information to prevent Chief Postal Inspector or designee, the loss of evidence or in which there is prior to receipt of the written request, a potential for immediate physical only when the releasing official is sat- harm to persons or property. isfied that an emergency situation ex- (d) Authorizations—Chief Postal In- ists. spector. (1) The Chief Postal Inspector (f)(1) Exceptions. A postal inspector, is the principal officer of the Postal or a postal employee acting at the di- Service in the administration of all rection of a postal inspector, may matters governing mail covers. The record the information appearing on Chief Postal Inspector may delegate the envelope or outer wrapping, of mail any or all authority in this regard to without obtaining a mail cover order, not more than two designees at Inspec- only under the circumstances in para- tion Service Headquarters. graph (f)(2) of this section. (2) Except for national security mail (2) The mail must be: covers, the Chief Postal Inspector may (i) Undelivered mail found abandoned also delegate any or all authority to or in the possession of a person reason- the Manager, Inspector Service Oper- ably believed to have stolen or embez- ations Support Group, and, for emer- zled such mail, gency situations, to Inspectors in (ii) Damaged or rifled, undelivered Charge. The Manager, Inspection Serv- mail, or ice Operations Support Group, may del- (iii) An immediate threat to persons egate this authority to no more than or property. two designees at each Operations Sup- (g) Limitations. (1) No person in the port Group. Postal Service except those employed (3) All such delegations of authority for that purpose in dead-mail offices, shall be issued through official, written may open, or inspect the contents of, directives. Except for delegations at or permit the opening or inspection of Inspection Service Headquarters, such sealed mail without a federal search delegations shall only apply to the geo- warrant, even though it may contain graphic areas served by the Manager, criminal or otherwise nonmailable Inspection Service Operation Support matter, or furnish evidence of the com- Group, or designee. mission of a crime, or the violation of (e) The Chief Postal Inspector, or his a postal statute. designee, may order mail covers under (2) No employee of the Postal Service the following circumstances: shall open or inspect the contents of (1) When a written request is received any unsealed mail, except for the pur- from a postal inspector that states rea- pose of determining: son to believe a mail cover will produce (i) Payment of proper postage, or evidence relating to the violation of a (ii) Mailability. postal statute. (3) No mail cover shall include mat- (2) When a written request is received ter mailed between the mail cover sub- from any law enforcement agency in ject and the subject’s known attorney. which the requesting authority speci- (4) No officer or employee of the fies the reasonable grounds to dem- Postal Service other than the Chief onstrate the mail cover is necessary to: Postal Inspector, Manager, Inspection

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Service Operations Support Group, and However, the physical storage of this their designees, are authorized to order data shall be at the discretion of the mail covers. Under no circumstances Chief Postal Inspector. may a postmaster or postal employee (2) If the Chief Postal Inspector, or furnish information as defined in his designee, determines a mail cover § 233.3(c)(1) to any person, except as au- was improperly ordered, all data ac- thorized by a mail cover order issued quired while the cover was in force by the Chief Postal Inspector or des- shall be destroyed, and the requesting ignee, or as directed by a postal inspec- authority notified of the discontinu- tor under the circumstances described ance of the mail cover and the reasons in § 233.3(f). therefor. (5) Except for mail covers ordered (3) Any data concerning mail covers upon fugitives or subjects engaged, or shall be made available to any mail suspected to be engaged, in any activ- cover subject in any legal proceeding ity against the national security, no through appropriate discovery proce- mail cover order shall remain in effect dures. for more than 30 days, unless adequate (4) The retention period for files and justification is provided by the request- records pertaining to mail covers shall ing authority. At the expiration of the be 8 years. mail cover order period, or prior there- (i) Reporting to requesting authority. to, the requesting authority may be Once a mail cover has been duly or- granted additional 30-day periods under dered, authorization may be delegated the same conditions and procedures ap- to any employee in the Postal Inspec- plicable to the original request. The re- tion Service to transmit mail cover requesting authority must provide a ports directly to the requesting author- statement of the investigative benefit ity. of the mail cover and anticipated bene- (j) Review. (1) The Chief Postal In- fits to be derived from its extension. spector, or his designee at Inspection (6) No mail cover shall remain in Service Headquarters shall periodically force longer than 120 continuous days review mail cover orders issued by the unless personally approved for further Manager, Inspection Service Oper- extension by the Chief Postal Inspector ations Support Group or their des- or designees at National Headquarters. ignees to ensure compliance with these (7) Except for fugitive cases, no mail regulations and procedures. cover shall remain in force when an in- (2) The Chief Postal Inspector shall formation has been filed or the subject select and appoint a designee to con- has been indicted for the matter for duct a periodic review of national secu- which the mail cover is requested. If rity mail cover orders. the subject is under investigation for (3) The Chief Postal Inspector’s de- further criminal violations, or a mail termination in all matters concerning cover is required to assist in the identi- mail covers shall be final and conclu- fication of property, proceeds or assets sive and not subject to further admin- forfeitable because of a violation of istrative review. criminal law, a new mail cover order (k) Military postal system. Section must be requested consistent with 233.3 does not apply to the military these regulations. postal system overseas or to persons (8) Any national security mail cover performing military postal duties over- request must be approved personally by seas. Information about regulations the head of the law enforcement agen- prescribed by the Department of De- cy requesting the cover or one designee fense for the military postal system at the agency’s headquarters level. The overseas may be obtained from the De- head of the agency shall notify the partment of Defense. Chief Postal Inspector in writing of [58 FR 36599, July 8, 1993, as amended at 61 such designation. FR 42557, Aug. 16, 1996; 74 FR 18297, Apr. 22, (h) Records. (1) All requests for mail 2009] covers, with records of action ordered thereon, and all reports issued pursu- § 233.4 Withdrawal of mail privileges. ant thereto, shall be deemed within the (a) False representation and lottery or- custody of the Chief Postal Inspector. ders—(1) Issuance. Pursuant to 39 U.S.C.

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