- In registering a CI, at least one agent of the JLEA, along with one additional agent or other law enforcement official present as a witness, shall review with the CI written instructions that state that:
- information provided by the CI to the JLEA must be truthful;
- the CI's assistance and the information provided are entirely voluntary;
- the United States Government will strive to protect the CI's identity but cannot guarantee that it will not be divulged;
- [if applicable:] the JLEA on its own cannot promise or agree to any immunity from prosecution or other consideration by a Federal Prosecutor's Office or a Court in exchange for the CI's cooperation, since the decision to confer any such benefit lies within the exclusive discretion of the Federal Prosecutor's Office and the Court. However, the JLEA will consider (but not necessarily act upon) a request by the CI to advise the appropriate Federal Prosecutor's Office or Court of the nature and extent of his or her assistance to the JLEA;5
- [if applicable:] the CI has not been authorized to engage in any criminal activity and has no immunity from prosecution for any unauthorized criminal activity;6
- the CI must abide by the instructions of the JLEA and must not take or seek to take any independent action on behalf of the United States Government;
- the CI is not an employee of the United States Government and may not represent himself or herself as such;
- the CI may not enter into any contract or incur any obligation on behalf of the United States Government, except as specifically instructed and approved by the JLEA;
- the JLEA cannot guarantee any rewards, payments, or other compensation to the CI;
- in the event that the CI receives any rewards, payments, or other compensation from the JLEA, the CI is liable for any taxes that may be owed; and
- [if applicable:] no promises or commitments can be made, except by the Immigration and Naturalization Service, regarding the alien status of any person or the right of any person to enter or remain in the United States.7
- The content and meaning of each of the foregoing instructional points must be clearly conveyed to the CI. Immediately after these instructions have been given, the agent shall require the CI to acknowledge his or her receipt and understanding of the instructions. The agent and the other law enforcement official shall document that the instructions were reviewed with the CI and that the CI acknowledged the instructions and his or her understanding of them. As soon as practicable thereafter, a Field Manager shall review and, if warranted, approve the documentation.
- The instruction and documentation procedures shall be repeated whenever it appears necessary or prudent to do so, and in any event at least every twelve months.
5 This instruction should be provided if there is any apparent issue of criminal liability or penalties that relates to the CI. Whether or not this instruction is given to a CI, the JLEA does not have any authority to make any promise or commitment that would prevent the government from prosecuting an individual, except as provided in paragraphs (I)(C) above and (III)(C) below, and a JLEA agent must avoid giving any person the erroneous impression that he or she has any such authority.
6 This instruction should be provided to any CI who is not authorized to engage in otherwise illegal activity. See paragraph (III)(C)(4) for instructions that must be provided to a CI who is, in fact, authorized to engage in otherwise illegal conduct.