TREASURY ORDER 105-18 December 17, 2004
Sunset Review:
SUBJECT: Agreements and Arrangements with Intelligence Community Agencies
By virtue of the authority vested in the Secretary of the Treasury, it is ordered that:
1. The Assistant Secretary for Intelligence and Analysis shall review and coordinate all agreements and arrangements governing Treasury activity in support of one or more agencies within the Intelligence Community, as defined in Executive Order 12333 or its successor, and for any intelligence community activity in support of one or more subordinate organizational units ("components") within the Department of the Treasury.
a. Any proposed agreement or arrangement involving one or more Treasury components acting either on a recurring or ad hoc basis in support of one or more intelligence community agencies, or vice versa, shall be reduced to writing and transmitted to the Assistant Secretary for Intelligence and Analysis. The Assistant Secretary for Intelligence and Analysis shall consult with the General Counsel regarding each such agreement or arrangement, and coordinate with other Treasury offices that have oversight responsibilities, interests, or equities in the agreement/arrangement. The agreement or arrangement is then submitted to the Under Secretary (Enforcement) for review and approval. The Under Secretary (Enforcement) shall approve or disapprove the agreement or arrangement. In the case of agreements involving the OIG and TIGTA, approval or disapproval will be decided by the Deputy Secretary, with advice from the Assistant Secretary and Under Secretary.
b. The Assistant Secretary for Intelligence and Analysis is authorized to review and monitor, at that official's discretion, all such agreements or arrangements now in effect, and to report to the Under Secretary (Enforcement) on a continuing basis regarding their status as appropriate.
c. Treasury components shall notify the Assistant Secretary for Intelligence and Analysis of any agreement or arrangement approved under any predecessor Order.
d. In exigent circumstances, the Assistant Secretary for Intelligence and Analysis may approve proposed agreements or arrangements of a non-controversial nature. As soon as possible thereafter, the procedure set out in paragraph 1.a shall be followed.
2. When the office of Assistant Secretary for Intelligence and Analysis is vacant, the Deputy Assistant Secretary for Intelligence and Analysis shall carry out responsibilities of the Assistant Secretary specified in this Order.
3. This Order shall not affect in any way the normal reporting relationships and operational responsibilities of Treasury officials. This Order does not apply to the routine exchange of substantive intelligence information and recurring reports between Intelligence Community agencies and the Department of the Treasury.
4. CANCELLATION. Treasury Order 113-01, "Duties and Responsibilities of the Special Assistant to the Secretary (National Security) and the Office of Intelligence Support,” dated December 19, 2002, is rescinded.
5. AUTHORITIES.
a. 31 U.S.C. 321(b).
b. Executive Order 12333 of December 4, 1981, as amended, entitled “United States Intelligence Activities.”
6. OFFICE OF PRIMARY INTEREST. Assistant Secretary for Intelligence and Analysis.
John W. Snow
Secretary
of the Treasury