FBI Role/Authorities

Although the FBI has the authority to investigate counterproliferation matters under its general criminal jurisdiction, its primary investigative jurisdiction is based on the Bureau’s mandate to coordinate all counterintelligence activities within the U.S. (as counterproliferation cases are handled under its counterintelligence program).

The FBI derives its authorities to conduct counterproliferation and export enforcement investigations from the following laws and executive orders:

• 28 CFR 0.85(a): This law gives the FBI general jurisdiction to investigate violations of all laws, except in cases in which such responsibility is by statute or otherwise exclusively assigned to another investigative agency. As export enforcement laws are not exclusively assigned to any other agency, the FBI is mandated to investigate violations of these laws, including the Arms Export Control Act, International Traffic in Arms Regulations, International Emergency Economic Powers Act, Export Administration Regulations, and Trading with the Enemy Act.
• 28 CFR 0.85(d): This mandate to take the lead in counterintelligence matters goes back to the FBI’s historical authority granted in 1939 by presidential directives to take charge of investigative work in matters relating to espionage, sabotage, subversive activities, and related matters, including investigating potential violations of the Arms Export Control Act, the Export Administration Act, the Trading with the Enemy Act, or the International Economic Powers Act relating to any foreign counterintelligence matter.
• 28 CFR 0.85(l): This counterterrorism mandate gives the FBI lead agency responsibility in investigating all crimes for which it has primary or concurrent jurisdiction and which involve terrorist activities or acts in preparation of terrorist activities within the statutory jurisdiction of the U.S.
• 28 CFR 0.89: This law delegates to the FBI Director the authority to seize “arms and munitions of war and other articles” under certain conditions.
• Executive Order 12333, Section 1.3(b)(20)(A): This order gives the Director of the FBI authority to coordinate counterintelligence activities inside the United States.
• Executive Order 12333, Section 1.4(h): This order requires all members of the U.S. Intelligence Community to coordinate counterintelligence activities in this country with the FBI in accordance with 1.3(b)(20).
• Executive Order 12333 Section 1.5(g): This order requires all executive branch agencies to coordinate counterintelligence activities in the U.S. with the FBI in accordance with 1.3(b)(20).