The Counterintelligence and Export Control Section (CES) is responsible for the development and implementation of policies and procedures related to CIPA. All Assistant United States Attorneys and departmental attorneys prosecuting CIPA cases are required to consult with, and closely coordinate, their cases with the CES. In particular, prosecutors must:

1. 1. notify CES if a district court or appellate court will not accept a substitution proposed by the government under section 6(c);
2. 2. obtain the prior approval of the Solicitor General to file an interlocutory appeal under Section 7(a) of CIPA; and
3. 3. immediately notify CES if it becomes likely that an intelligence agency employee will testify in any criminal case.

CES is also responsible for the preparation of reports to Congress concerning cases in which prosecution is declined for national security reasons and reports concerning the operation and effectiveness of the act.

[cited in JM 9-90.200]

[updated January 2020]