# Justice Manual § 9-13.540: Assisting Foreign Authorities

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-13.540

## Section

- **Citation:** Justice Manual § 9-13.540
- **Heading:** Assisting Foreign Authorities
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-13.000 - Obtaining Evidence / Justice Manual § 9-13.540

## Text

All incoming foreign assistance requests requiring judicial action or compulsory process, whether such requests are made pursuant to treaties, letters rogatory, letters of request, or requests made through other channels, should be submitted directly to OIA to evaluate and, where appropriate, to authorize execution pursuant to 18 U.S.C. § 3512.  Should a foreign authority or an agent deliver such a request directly to a federal prosecutor, the prosecutor should forward it immediately to OIA. The prosecutor may not institute legal process in aid of the request or letter rogatory absent statutory authorization under 18 U.S.C. § 3512 from OIA.  With respect to requests not involving the use of compulsory process, prosecutors are strongly encouraged to contact OIA prior to responding to the request whenever such request appears to raise issues relating to foreign policy or involve sensitive diplomat considerations.

Contacting OIA will avoid situations in which USAOs, acting with good intentions to help foreign colleagues, implement their own procedures and, inadvertently, take actions contrary to U.S. law or Department policy.  For example, requests involving political offenses, implicating national interests, or submitted by uncooperative countries or countries with which U.S. cooperation is on hold, require close coordination with OIA.

(These restrictions do not apply when a foreign law enforcement authority provides information to U.S. authorities, a Department component opens its own investigation based on that information, and U.S. authorities share information generated from their own investigation, including information obtained via compulsory process such as a search warrant, with those foreign law enforcement authorities.)

Costs of executing foreign requests (including court reporter’s fees) are generally the responsibility of the country making the request unless an applicable treaty requires the United States to pay; in that event, the United States Attorney’s Office pays the costs.
See
JM 9-13.550.
ormation obtained via compulsory process such as a search warrant, with those foreign law enforcement authorities.)

Costs of executing foreign requests (including court reporter’s fees) are generally the responsibility of the country making the request unless an applicable treaty requires the United States to pay; in that event, the United States Attorney’s Office pays the costs.
See
JM 9-13.550.

[updated June 2018]

## Nearby sections

- [Justice Manual § 9-13.001 Electronic Recording of Statements](https://www.frixlaw.com/law-library/statutes/JM_S9-13.001.md)
- [Justice Manual § 9-13.002 Storage of Evidence in Criminal Matters and Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-13.002.md)
- [Justice Manual § 9-13.100 Use of Body-Worn Cameras by Task Force Officers](https://www.frixlaw.com/law-library/statutes/JM_S9-13.100.md)
- [Justice Manual § 9-13.150 Processing Ballistics Evidence in Connection with Criminal Investigations](https://www.frixlaw.com/law-library/statutes/JM_S9-13.150.md)
- [Justice Manual § 9-13.200 Communications with Represented Persons](https://www.frixlaw.com/law-library/statutes/JM_S9-13.200.md)
- [Justice Manual § 9-13.300 Polygraphs—Department Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-13.300.md)
- [Justice Manual § 9-13.400 Obtaining Information From, or Records of, Members of the News Media; and Questioning, Arresting, or Charging Members of the News Media](https://www.frixlaw.com/law-library/statutes/JM_S9-13.400.md)
- [Justice Manual § 9-13.410 Guidelines for Issuing Subpoenas to Attorneys for Information Relating to the Representation of Clients](https://www.frixlaw.com/law-library/statutes/JM_S9-13.410.md)
- [Justice Manual § 9-13.420 Searches of Premises of Subject Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-13.420.md)
- [Justice Manual § 9-13.500 International Legal Assistance](https://www.frixlaw.com/law-library/statutes/JM_S9-13.500.md)
- [Justice Manual § 9-13.510 Obtaining Evidence Abroad—General Considerations](https://www.frixlaw.com/law-library/statutes/JM_S9-13.510.md)
- [Justice Manual § 9-13.512 Intended Use of the Evidence](https://www.frixlaw.com/law-library/statutes/JM_S9-13.512.md)
- [Justice Manual § 9-13.514 Time Required](https://www.frixlaw.com/law-library/statutes/JM_S9-13.514.md)
- [Justice Manual § 9-13.516 Cost of Obtaining Evidence](https://www.frixlaw.com/law-library/statutes/JM_S9-13.516.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-13.540. Check the current official text before relying on it. Not legal advice.