Intelligence Law Glossary - Foreign Power


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Foreign Power

Statutory Law

50 U.S.C. § 438(6) (2010) (Title 50—Chapter 15: National Security—Subchapter F: Access to Classified Information)

For purposes of this title [50 U.S.C. §§ 435 et seq.]—
   (6) the terms "foreign power" and "agent of a foreign power" have the same meanings as set forth in sections 101 (a) and (b), respectively, of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);

50 U.S.C. § 1801 (a) (2010) (Title 50—Chapter 36: Foreign Intelligence Surveillance—Subchapter A: Electronic Surveillance)

“Foreign power” means—(1) a foreign government or any component thereof whether or not recognized by the United States; (2) a faction of a foreign nation or nations, not substantially composed of United States persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments; (4) a group engaged in international terrorism or activities in preparation therefor; (5) a foreign-based political organization, not substantially composed of United States persons; (6) an entity that is directed and controlled by a foreign government or governments; or (7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.

50 U.S.C. § 1821 (Title 50—Chapter 36: Foreign Intelligence Surveillance—Subchapter B: Physical Searches)

As used in this title [50 U.S.C. §§ 1821 et seq.]:
   (1) The terms "foreign power", "agent of a foreign power", "international terrorism", "sabotage", "foreign intelligence information", "Attorney General", "United States person", "United States", "person", weapon of mass destruction, and "State" shall have the same meanings as in section 101 of this Act [50 U.S.C. § 1801], except as specifically provided by this title [50 U.S.C. §§ 1821 et seq.].

Administrative Law

Department of Defense Regulation 5240.1-R, Procedures Governing the Activities of DOD Intelligence Components that Affect U.S. Persons, § DL1.1.12 (Dec. 1982): Foreign Power

Any foreign government (regardless of whether recognized by the United States), foreign-based political party (or faction thereof), foreign military force, foreign-based terrorist group, or any organization composed, in major part, of any such entity or entities.

The Attorney General’s Guidelines for Domestic FBI Operations § VII (G) (Sept. 29, 2008)

1. a foreign government or any component thereof, whether or not recognized by the United States;
2. a faction of a foreign nation or nations, not substantially composed of United States persons;
3. an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
4. a group engaged in international terrorism or activities in preparation therefor;
5. a foreign-based political organization, not substantially composed of United States persons; or
6. an entity that is directed or controlled by a foreign government or governments.