Justice Manual § 9-65.881

Upon receipt of information indicating a violation or potential violation of 18 U.S.C. § 970, the Federal Bureau of Investigation (FBI), after notifying the Department of State and consulting with the appropriate United States Attorney, will initiate such investigation as is deemed necessary if it is determined that Federal presence is warranted. The State Department Operations Center, (202) 647-1512, can quickly locate and have the appropriate State Department officials contact the U.S. Attorney in cases wherein the United States Attorney is uncertain as to whether the incident will adversely affect the foreign relations of the United States.

The determination made and action initiated, if any, will be reported by the FBI to the Criminal Division, United States Attorney concerned, United States Secret Service, and Department of State without delay. The Bureau will bring to the attention of the Criminal Division for conclusion any unresolved difference of opinion among the Bureau, Secret Service, Department of State, and United States Attorney concerning action or lack thereof by any of them. If a United States Attorney's Office receives a complaint of violation of section 970, the complainant should be referred to the FBI field office concerned, with advice that, as indicated in the Department of State communication, most conduct in possible violation of section 970 is more appropriate for disposition under local law, but the FBI will report the complaint to the appropriate United States authorities for consideration of possible Federal disposition.

When the offense is of a nature that merits Federal prosecution, an investigation should be pursued without regard for whether the pertinent foreign officials will agree to appear as witnesses at an ensuing trial. Once a subject has been identified and sufficient evidence has been developed to form the basis for Federal charges, a determination should be sought as to whether the relevant foreign officials will agree to testify.

In instances where there is a Federal interest sufficient to proceed under one of the protection of foreign officials statutes, it may still be advantageous to defer to a local prosecution. This is particularly true where there is a local statute which better fits the crime than does the Federal statute. However, in such cases, the United States Attorney's Office should insure that the FBI monitors the progress of the local prosecution. Should local efforts be dropped prior to a trial, the matter should be reevaluated by the United States Attorney's Office and a new prosecutive determination should be rendered.