All incoming foreign assistance requests requiring judicial action or compulsory process, whether such requests are made pursuant to treaties, letters rogatory, letters of request, or requests made through other channels, should be submitted directly to OIA to evaluate and, where appropriate, to authorize execution pursuant to 18 U.S.C. § 3512. Should a foreign authority or an agent deliver such a request directly to a federal prosecutor, the prosecutor should forward it immediately to OIA. The prosecutor may not institute legal process in aid of the request or letter rogatory absent statutory authorization under 18 U.S.C. § 3512 from OIA. With respect to requests not involving the use of compulsory process, prosecutors are strongly encouraged to contact OIA prior to responding to the request whenever such request appears to raise issues relating to foreign policy or involve sensitive diplomat considerations.

Contacting OIA will avoid situations in which USAOs, acting with good intentions to help foreign colleagues, implement their own procedures and, inadvertently, take actions contrary to U.S. law or Department policy. For example, requests involving political offenses, implicating national interests, or submitted by uncooperative countries or countries with which U.S. cooperation is on hold, require close coordination with OIA.

(These restrictions do not apply when a foreign law enforcement authority provides information to U.S. authorities, a Department component opens its own investigation based on that information, and U.S. authorities share information generated from their own investigation, including information obtained via compulsory process such as a search warrant, with those foreign law enforcement authorities.)

Costs of executing foreign requests (including court reporter’s fees) are generally the responsibility of the country making the request unless an applicable treaty requires the United States to pay; in that event, the United States Attorney’s Office pays the costs. See JM 9-13.550.

[updated June 2018]