1. A. Prior Approval for Subpoenas or Other Unilateral Compulsory Measures Regarding Evidence or Information Located Abroad
2. B. Pre-issuance Approval: Prosecutors must obtain approval through the Office of International Affairs (OIA) before issuing, or applying for, any subpoena or other legal process that:
   1. a. compels production of evidence or information; and
   2. b. is directed to:
      1. i. persons or entities located in a foreign country; or
      2. ii. persons or entities in the United States for evidence or information located abroad, where the prosecutor or investigator seeking the evidence or information has been notified that it is located in a foreign country.

No prior approval through OIA is required if it is not known whether the evidence or information is located in a foreign country, or where the prosecutor or investigator cannot clearly identify a particular foreign location where the evidence or information may be located (e.g., where the location of data is dynamic due to load-balancing efforts).

1. 2. Pre-Enforcement Approval: Prosecutors must also obtain approval through OIA prior to initiating proceedings to enforce compliance with a subpoena or other legal process that compels another party to provide evidence or information that is known to be located in a foreign country. This includes situations where the prosecutor or investigator was unaware that the requested evidence or information was located in a particular foreign country at the time of the issuance of the subpoena or other process, but where the prosecutor or investigator is subsequently notified of that fact.
2. 3. Prior Approval for Subpoenas on Foreign Corporate Officers Temporarily in the United States

Prosecutors must obtain approval through OIA prior to serving a subpoena ad testificandum on an officer of, or attorney for, a foreign bank or corporation who is temporarily in or passing through the United States when the testimony sought relates to the officer’s or attorney’s duties in connection with the operation of the bank or corporation.

1. C. Prior Approval for Service of Process in a Foreign Country

Prosecutors must obtain approval through OIA prior to seeking or issuing a 28 U.S.C. §1783 subpoena requiring the appearance of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by that national or resident.

1. D. National Security Matters

In national security matters, OIA shall coordinate with the National Security Division on any requests for approval under this section (JM 9-13.525).

[cited in JM 9-13.520] [updated May 2023]