Some countries reserve official acts to local officials and provide significant criminal penalties for persons who engage in such acts in their territory without authorization. Before attempting to do any unilateral investigative act outside the United States relating to a criminal investigation or prosecution, including contacting a witness by telephone or mail, prior approval must be obtained from the Criminal Division’s Office of International Affairs (OIA) (202-514-0000).

In addition, OIA must be consulted before contacting any foreign or State Department official in matters relating to extradition of a fugitive or the obtaining of evidence through compulsory process from a foreign authority in a criminal investigation, prosecution, or ancillary criminal matter.

Any proposed contact with foreign officials, other than United States investigative agents, in a foreign country for the purpose of obtaining the extradition of a fugitive or evidence through compulsory process should first be discussed with OIA.

None of the above is intended to prevent prosecutors from:

1. 1. having preliminary discussions with U.S. law enforcement representatives posted abroad concerning the obtaining of assistance,
2. 2. communications with agents of State Department’s Diplomatic Security Service concerning an investigation under their jurisdiction, or
3. 3. participating in standing international committees such as the U.S.-Canada Cross Border Committee.

[cited in JM 9-11.140] [updated April 2018]