A. Introduction and Scope.

Protecting our national security is the Department's top priority. National security encompasses the national defense, foreign intelligence and counterintelligence, international and internal security, and foreign relations. This includes countering terrorism; combating espionage and economic espionage conducted for the benefit of any foreign government, foreign instrumentality, or foreign agent; enforcing export controls and sanctions; and disrupting cyber threats that are perpetrated by nation states, terrorists, or their agents or proxies.

When national security issues arise during a criminal prosecution, they must be resolved through careful coordination by the Department of Justice (Department) with high level officials from the intelligence, military and foreign affairs communities. In addition, the Attorney General, or the Attorney General's designee, has certain statutory authority and obligations related to national security prosecutions.That authority and those obligations may be properly exercised and met only with appropriate coordination within the Department by the respective United States Attorneys' Offices (USAOs).

This chapter applies to national security matters other than counterterrorism matters; counterterrorism matters are covered principally by JM 9-2.136 et seq. In addition, this chapter does not apply when a matter's sole nexus to national security is foreign relations (e.g., international extradition; indictment of a high ranking foreign official for a non­ national security crime; and other treaty-related issues). Coordination of such matters will be handled by the Criminal Division, Office of International Affairs (OIA). See JM 9-2.400 for circumstances requiring prior consultation with or approval from OIA.

Prior approval, consultation and notification requirements related to national security can be found in JM 9-90.020, below.

B. Authority to Conduct Prosecutions Relating to the National Security.

The enforcement of all criminal laws affecting, involving or relating to the national security, and the responsibility for prosecuting criminal offenses, such as conspiracy, perjury and false statements, arising out of offenses related to national security, is assigned to the Assistant Attorney General (AAG) of the National Security Division. Where a matter affects the national security, regardless of the specific statute(s) implicated, prosecutions shall be instituted and conducted under the supervision of the Assistant Attorney General, National Security Division, or higher authority. 28 C.F.R. § 0.72.

The Counterintelligence and Export Control Section (CES) of the National Security Division, under the supervision of the AAG or a higher authority, conducts, handles, and supervises prosecutions within the scope of this chapter.

[updated March 2016]