2 FAM 950
PAYMENT AND REWARDS FOR INFORMATION RELATING TO
INTERNATIONAL NARCOTICS TRAFFICKING
(CT:GEN-530; 10-12-2018)
(Office of Origin: L/LEI)
2 FAM 951 GENERAL
2 FAM 951.1 Summary
(CT:GEN-363; 07-27-2009)
a. Section 36 of the State Department Basic Authorities
Act of 1956, as amended (22 U.S.C. 2708 et seq.), provides the authority for
the Department of State to establish a narcotics rewards program.
b. The Bureau of International Narcotics and Law
Enforcement Affairs (INL) administers and provides policy guidance, as needed,
for the program.
2 FAM 951.2 Authority
(CT:GEN-411; 07-11-2013)
a. Section 36(b) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(b)(3), provides that the
Secretary may pay a reward to any individual who furnishes information leading
to:
(1)The arrest or conviction in any country of any
individual for committing, primarily outside the territorial jurisdiction of
the United States, any narcotics-related offense if that offense involves or is
a significant part of conduct that involves
(A) a violation of United States narcotics laws such
that the individual would be a major violator of such laws;
(B) the killing or kidnapping of
(i) any officer, employee, or contract employee of
the United States Government while such individual is engaged in official
duties, or on account of that individuals official duties, in connection with
the enforcement of United States narcotics laws or the implementing of United
States narcotics control objectives; or
(ii) a member of the immediate family of any such
individual on account of that individuals official duties, in connection with
the enforcement of U.S. narcotics laws or the implementing of U.S. narcotics
control objectives; or
(C) an attempt or conspiracy to commit any act
described in subparagraph (A) or (B);
(D) the arrest or conviction in any country of any
individual aiding or abetting in the commission of an act described in
paragraph . . . (1), (2) or (3); [or]
(E) the prevention, frustration, or favorable
resolution of an act described in paragraph. . . (1), (2) or (3), including by
dismantling an organization in whole or in significant part . . . .
b. Pursuant to Section 36(e)(1), no reward paid may
exceed $25 million (subject to available funding) except as personally
authorized by the Secretary of State if he or she determines that offer or
payment of an award for a large amount is necessary to combat terrorism or
defend the Nation against terrorist acts.
c. For purposes of Section 36(b)(3)(A) of the State
Department Basic Authorities Act of 1956, as amended (22 U.S.C.
2708(b)(3)(A)see 2 FAM 951.2,
paragraph a), a major violator of U.S. narcotics laws includes anyone who has
been designated as (1) a specially designated narcotics trafficker under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and
Executive Order 12978, (2) a significant foreign narcotics trafficker under
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or (3)
a consolidated priority organization target (CPOT) by the Drug Enforcement
Administration (DEA). Additionally, a major violator may also include other
individuals whom DEA certifies, in writing, as major violators of U.S.
narcotics laws.
d. This program authorizes the payment of rewards only
in consideration of the furnishing by an eligible individual of information
that produces the results specified in the authorizing legislation, as
described above. This program is in addition to and separate from the normal
payment to cooperating individuals for the purchase of evidence or information
and is not intended to interfere with or take the place of routine purchases of
information that are made with DEA, Federal Bureau of Investigation (FBI), or
the Department of Homeland Security Immigration and Customs Enforcement
(DHS/ICE) funds.
2 FAM 951.3 The Interagency
Narcotics Rewards Program Committee
(CT:GEN-411; 07-11-2013)
a. The Narcotics Rewards Program Committee is an
interagency committee that has been established to address issues associated
with this rewards program and to consider proposals for rewards payments to
potential recipients.
b. The Narcotics Rewards Program Committee is chaired
by a representative of INL and is comprised of representatives from:
(1) The Office of the Legal Adviser (L/LEI and L/LM);
(2) The Bureau of the Comptroller and Global Financial
Services (CGFS);
(3) Relevant regional bureau(s) within the Department;
(4) The Department of Justice, Criminal Division
(DOJ);
(5) The Drug Enforcement Administration (DEA);
(6) The Federal Bureau of Investigation (FBI);
(7) The Department of Homeland Security Immigration
and Customs Enforcement (DHS/ICE); and
(8) The Central Intelligence Agency (CIA) (Center for
Narcotics and Crime (CNC) representatives, as appropriate).
c. As appropriate, representatives of other Department
bureaus or other U.S. Government agencies may also confer with the Narcotics
Rewards Program Committee or be present as observers.
2 FAM 952 REWARDS GUIDELINES
2 FAM 952.1 Ineligibility of
Government Officers or Employees
(CT:GEN-363; 07-27-2009)
An officer or employee of any entity of Federal, State, or
local government or of a foreign government who, while in the performance of
his or her official duties, furnishes information, as described in 2 FAM 951.2,
is not eligible for a reward under this rewards program. Such an officer or
employee may, however, be eligible for participation in the Department of
Justice Witness Security Program.
2 FAM 952.2 Coordination with
Relevant Host Government Authorities
(CT:GEN-306; 06-24-2003)
The rewards program is to be carried out in such a manner
as to supplement and complement the bona fide security and law enforcement
efforts of relevant host-government authorities, which bear the primary
responsibility in these areas. To this end, all stages of the rewards process
(see 2 FAM 953)
will be closely coordinated, whenever appropriate, with responsible host-government
authorities. Such coordination will be accomplished primarily between the DEA
country attach and local narcotics and law enforcement authorities (see 2 FAM 952.3).
2 FAM 952.3 Responsibilities
(CT:GEN-306; 06-24-2003)
The DEA country attach, in coordination with the INL
Narcotics Affairs Section (NAS), shall be primarily responsible for the rewards
program at each post. All other U.S. law enforcement agencies at posts abroad
participating in the Narcotics Rewards Program shall coordinate with the DEA
country attach. (If there is no DEA attach or NAS at post, then the DEA
attach or narcotics affairs officer or coordinator having responsibility for
that country will coordinate these reward activities.) Such responsibility
includes implementation of each of the stages of the rewards process as set
forth in 2 FAM
953, including coordination, where appropriate, at each such stage with
host-government authorities. In carrying out this responsibility, the DEA
country attach and NAS shall remain subject to the overall direction and
supervision of the chief of mission concerned, who shall approve all proposals
to pay rewards before transmittal, and shall coordinate with other officers at
post, as appropriate.
2 FAM 952.4 Security Procedures
(CT:GEN-530; 10-12-2018)
All cable and related
communications relating to the implementation of this program must be
transmitted in appropriate channels with a classification level and
distribution controls sufficient to ensure the security of intelligence sources
and methods, foreign government information, foreign relations, and
confidential sources. In particular, post should handle information relating
to the identity of an informant, such as names or other personal data and
times, places, and circumstances of contacts with U.S. officials, in accordance
with appropriate operational security procedures.
2 FAM 952.5 Accounting for Funds
(CT:GEN-411; 07-11-2013)
Fiscal responsibility and accountability for funds
appropriated for use in carrying out this rewards program will reside with the
Department of State, Bureau of the Comptroller and Global Financial Services
(CGFS). CGFS will also be responsible for instituting appropriate financial
controls, including such controls as may be necessary to maintain the
confidentiality of payments within the framework of internal Department of
State control and audit requirements.
2 FAM 953 REWARDS PROCESS
2 FAM 953.1 Offers to Pay Rewards
(CT:GEN-411; 07-11-2013)
a. The Department, posts, or other agencies may propose
that a reward be offered for information leading to the arrest or conviction of
a major narcotics trafficker, the prevention or frustration of narcotics
trafficking or other favorable resolution, including the dismantling of a
narcotics organization.
b. Such proposals may include that a reward be offered
jointly with a foreign government.
c. A generic reward offer for information relating to
all potential targets may also be considered.
d. Any such proposals must be cleared by INL, L, and
CGFS within the Department of State, and DEA, FBI, the Criminal Division of the
Department of Justice, and other Federal agencies, as appropriate. Relevant
posts shall also be consulted regarding proposed reward offers and may be
directed to consult with respective host governments, as appropriate.
e. When a reward offer is cleared as set forth in 2 FAM 953.1,
it may then be publicized in accordance with 2 FAM 953.2.
2 FAM 953.2 Publicizing Reward
Offers
(CT:GEN-411; 07-11-2013)
a. Funds appropriated for the Narcotics Rewards Program
may be used for publicity initiatives, such as Department or post-initiated
worldwide or region-specific campaigns and other publicity measures.
b. Both Department and post initiated media
announcements should include:
(1) Identification of the entity offering the reward
(ordinarily the U.S. Department of State, although in certain circumstances it
may be necessary or desirable to avoid reference to the U.S. Governments
role);
(2) The amount specifically approved for the reward
offer, not to exceed the amount up to which the U.S. Department of State is
authorized to pay (currently up to $25 million);
(3) The basic criteria under which rewards are
authorized to be made as set forth in 2 FAM 951.2;
(4) For publicity tailored to specific incidents or
individuals, a concise description of the incident or individual in connection
with which a reward may be given;
(5) Particulars as to where to take the information;
(6) A statement that any officer or employee of any
U.S. or foreign governmental entity furnishing information in the performance
of his or her official duties is ineligible for a monetary reward;
(7) A statement indicating that the identity of the
informant will be kept confidential; and
(8) The fact that the U.S. Government may also be able
to provide for the possible relocation of persons and their families for
furnishing such information.
c. In no case may a Department or other agency
official promise or agree to pay a reward under this program without express
approval from the Department through INL in accordance with 2 FAM 953.5.
d. In some instances, such as in the case of a sealed
indictment against a narcotics trafficker, publicity of the reward offer may
not be feasible.
e. All reward announcements and other media campaigns
shall be cleared by INL, L, the regional bureau, and CGFS within the Department
and DEA, FBI, the Criminal Division of the Department of Justice, or other
Federal agencies, as appropriate. Relevant posts shall also be consulted
regarding proposed announcements and may be directed to consult with respective
host governments.
2 FAM 953.3 Actions Upon Receiving
Information in Response to the Rewards Offer
(CT:GEN-363; 07-27-2009)
a. The DEA attach (or FBI or DHS/ICE attach, if
appropriate) shall collect and analyze all information received in response to
a reward offer. Any other officer or employee of the post receiving any such
information shall immediately convey the information to the DEA attach,
subject only to considerations of protection of intelligence sources and
methods or the proprietary nature of the information.
b. The DEA attach performs initial evaluation of the
credibility and relevance of the information and determines whether or not to
act upon it in furtherance of efforts to capture the targeted narcotics
trafficker.
2 FAM 953.4 Proposals to Pay
Rewards
(CT:GEN-363; 07-27-2009)
a. Proposals that a reward be paid under this program
may originate at post, at the Department, or at other agencies. The proposal
must comply with security procedures outlined in 2 FAM 952.4.
If a proposal originates at post, the DEA attach should coordinate it and the
chief of mission or deputy chief of mission in the country involved shall
approve it before post forwards it to the Department for consideration.
Included with any such proposal must be specific details concerning the factors
set forth in 2
FAM 953.5. In no case may a post promise or agree to pay a reward under
this program without express approval from the Department through INL in accordance
with 2 FAM
953.5.
b. If a proposal originates within the Department or
from another agency, the Narcotics Rewards Committee will normally seek the
views of the relevant post(s) before recommending the payment of a reward.
c. Posts proposing reward recipients should advise the
Narcotics Rewards Committee through INL of any host-country sensitivities
bearing upon the decision-making process. For example, host-country legal
restrictions as may apply to payment, or promise of payment, to witnesses for their
testimony, must be considered in making recommendations, as well as the effect
that payment of a reward would have on law enforcement efforts of host-country
authorities.
d. Posts should also advise whether any specific
measures for protection of the identity of the proposed recipient are deemed
necessary (see 2
FAM 953.6).
e. A post or agency may suggest a reward amount to the
Department as part of its proposal in light of the considerations listed in 2 FAM 952.5.
2 FAM 953.5 Reviewing Rewards
Proposals
(CT:GEN-527; 09-12-2018)
a. The Narcotics Rewards Program Committee will review
proposals to pay rewards to informants in light of 2 FAM 953.5.
b. In major violator cases covered by Section
36(b)(3)(A), (C), or (b)(4) of the State Department Basic Authorities Act of
1956, as amended (22 U.S.C. 2708(b)(3)(A), (C), or (b)(4)see 2 FAM 951.2,
paragraph a), the Narcotics Rewards Program Committee shall review various
considerations including the following:
(1) The degree to which the arrest or conviction of
the perpetrator will impede the functions of a major narcotics trafficking
organization;
(2) The credibility, specificity and value of the
information with respect to the arrest or prosecution of the perpetrator;
(3) The degree of risk taken by the informant;
(4) The voluntariness of the informants cooperation;
and
(5) The degree of involvement by the informant in the
crime(s).
c. In cases involving prevention or frustration or
favorable resolution of a narcotics-related offense, including by dismantling a
narcotics distribution or production organization, as provided by Section
36(b)(5) of the State Department Basic Authorities Act of 1956, as amended (22
U.S.C. 2708(b)(5)see 2 FAM 951.2,
paragraph a), the Narcotics Rewards Program Committee shall review various
considerations, including the following:
(1) The seriousness of the narcotics-related offense
that was prevented, frustrated, or favorably resolved, or the importance of the
narcotics organization and the extent to which it has been dismantled;
(2) The credibility, specificity, and value of the
information provided in successfully preventing or frustrating the offense, or
other favorable resolution, including dismantling the narcotics organization;
and/or
(3) The degree of risk faced by the individual and the
individuals family in providing the information.
d. In cases involving information relating to crimes
against U.S. Government enforcement personnel and their families described in
Section 36(b)(3)(B), (C), or (b)(4) of the State Department Basic Authorities
Act of 1956, as amended (22 U.S.C. 2708(b)(3)(B), (C), or (b)(4)see
2 FAM 951.2,
paragraph a), the Narcotics Rewards Program Committee shall review various
considerations, including the following:
(1) The value of the information with respect to the
arrest and/or prosecution of the perpetrators(s) of such an act;
(2) The degree of participation in the act of those
arrested and/or prosecuted (for example, whether they were accessories, passive
participants, active participants, leaders, or the masterminds); and
(3) The degree of risk faced by the individual and the
individuals family in providing the information.
e. Whether or not a reward is to be paid in any given
case, and the amount of the reward, are matters wholly within the discretion of
the Secretary of State, with the concurrence of the Attorney General, as
appropriate.
f. If a proposal to pay a reward is denied by the
committee, the Secretary of State, or the Attorney General, INL will advise the
originating post, if any, of the decision by cable, specifying the basis for
the denial.
2 FAM 953.6 Protection of
Recipients Identity
(CT:GEN-306; 06-24-2003)
a. If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipients immediate family
must be protected, the Secretary shall take such measures in connection with
the payment of the reward as he or she considers necessary to effect such
protection. Specific measures employed to protect the identity of a recipient
or potential recipient (and immediate family members, as appropriate) beyond
the security procedures generally applicable to the Rewards Program, as set
forth in 2 FAM
952.4, will depend on the circumstances of each case, but include not
identifying the reward recipient by name in the report sent to Congress in
accordance with 2
FAM 954.
b. Informants and their immediate family may be
eligible for participation in the Attorney Generals Witness Security Program
authorized under 18 U.S.C. 3521 et seq. U.S. Government officials shall not
make a promise or inducement of participation in this program without the
express approval of the Department of Justice.
2 FAM 953.7 Action Memorandum
(CT:GEN-484; 11-03-2017)
a. If the Narcotics Reward Program Committee decides to
recommend a reward payment, INL will present the Committees recommendation in
an action memorandum to the Secretary of State recommending that a reward be
certified for payment. The action memo shall include:
(1) If the matter is one over which there is Federal
criminal jurisdiction, a recommendation that she or he sign a letter requesting
the Attorney Generals concurrence;
(2) A recommendation that she or he certify payment
upon receiving the Attorney Generals concurrence, if necessary; and
(3) If appropriate, a recommendation that the
Secretary determine that the identity of the reward recipient and/or members of
the recipients family must be protected.
b. The action memorandum will ordinarily include:
(1) A summary of the case or incident;
(2) A description of the applications of the criteria
stated in 2 FAM
953.5 to the reward payment proposal;
(3) Other considerations that would affect the amount
of the reward and/or the method of payment;
(4) A recommendation as to the amount of the reward;
(5) A recommendation as to any necessary measures to
protect the identity of the reward recipient and/or members of the recipients
family;
(6) As appropriate, the dissenting opinion(s) of any
rewards committee representatives involved in the decision to recommend payment
of a reward; and
(7) If appropriate, a letter to the Attorney General
or her or his designate, requesting her or his concurrence for signature.
2 FAM 953.8 Reward Payment
(CT:GEN-484; 11-03-2017)
a. Section 36(e)(2) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(e)(2)), requires that the
Secretary personally approve rewards of more than $100,000. Pursuant to
Section 36(e)(3) of the Act, the Secretary must certify for payment any reward
under this authority.
b. Provided the Secretary has decided that a reward
shall be paid and has received concurrence from the Attorney General, if it is
a matter over which there is Federal criminal jurisdiction, INL will notify
CGFS, provide relevant documents, and request that appropriate arrangements for
payment be initiated.
c. Generally, CGFS will transfer funds to the DEA,
FBI, DHS/ICE, or the appropriate law enforcement agency handling the informant.
2 FAM 954 REPORTS TO CONGRESS
2 FAM 954.1 Reports on the Payment
of Rewards
(CT:GEN-306; 06-24-2003)
Pursuant to Section 36(g)(1) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(g)(1)), within 30 days
after payment of any reward, the Secretary shall submit a report to the House
Committee on International Relations and the Senate Committee on Foreign
Relations with respect to that reward. INL shall prepare the report, which may
be submitted in classified form, if necessary, and which shall:
(1) Specify the amount of the reward paid;
(2) Identify to whom the reward was paid (when
necessary to protect the recipient, an identification number may be used
instead of a name);
(3) State the acts with respect to which the reward
was paid; and
(4) Discuss the significance of the information for
which the reward was paid in dealing with the respective acts.
2 FAM 954.2 Annual Reports
(CT:GEN-306; 06-24-2003)
Pursuant to Section 36(g)(2) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(g)(2)), not later than 60
days after the end of each fiscal year, the Secretary shall submit a report to
the House Committee on International Relations and the Senate Committee on
Foreign Relations with respect to the operation of the Narcotics Rewards
Program. The report shall provide information on the total amounts expended
during the fiscal year to carry out the rewards program, including amounts
expended to publicize the availability of rewards.
2 FAM 955 through 959 unassigned