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FBI ~ (3) CYBER CRIME TASK FORCE MEMORANDUM OF UNDERSTANDING A. PARTIES. This Memorandum of Understanding(MOU)is entered into by the following"Participating Agencies": I. Federal Bureau of Investigation(FBI) 2. Tigard Police Department (authorized pursuant to 28 USC 533,534;28 C.F.R.10.85) B. PURPOSE. This MOU delineates the responsibilities and,commitments of the Participating Agencies in the Portland Division's Portland Area Cyber Crime Task Force(PACCTF). The MOU also outlines the mission and procedures for the PACCTF,which are described in greater detail in the Standard Operating Procedures (SOP)utilized by the PACCTF. C. MISSION. The mission of the PACCTF is to,investigate and apprehend high technology criminals and to protect our communities by preventing.high technology crime and national security threats involving computers and computer networks: The PACCTF is established on the premise that the capabilities of law enforcement agencies to investigate computer and high technology related crimes are enhanced in a task force setting involving the sharing of resources and expertise.The PACCTF will utilize its specialized resources to investigate,and to prevent when possible,criminal cases and national security threats when: (1) Computers and high technologies are the target of a crime;(2)Computers and high technologies are the principal instrumentality of a crime;or,(3)Computers and high technologies are misused to facilitate violations of other criminal laws or threats to the national security and a specialized understanding of technology is required for investigation or prosecution. D. INVESTIGATIVE EXCLUSIVITY. Matters designated to be handled by the PACCTF will not knowingly be subject to separate and/or independent outside law enforcement efforts by any of the participating or referring agencies. Each Participating Agency shall make proper internal notification regarding the PACCTF's existence and areas of investigation. E. PROSECUTIONS. A determination will be made for each PACCTF investigation on whether the matter should be submitted for filing in federal or state court. This determination shall be based on the evidence obtained and a consideration of which method of prosecution will result in the greatest benefit to the overall objectives of the PACCTF and the community. F. DOCUMENTS AND AUTHORITIES,INCORPORATED BY REFERENCE. The Participating Agencies agree to abide by the separate document titled"Cyber Crime Task Force Standard Operating Procedures." The PACCTF SOP,as updated from time to time,is fully incorporated by reference into this MOU. G. ADMINISTRATIVE RESPONSIBILITIES 1. Shared Responsibilities: All participants.of the PACCTF acknowledge that this is a joint operation with all Participating Agencies acting for common goal. Accordingly,the mission and objectives of the PACCTF will be a shared responsibility of the Participating Agencies. 2. Lead AQencv: The FBI is the lead agency for the PACCTF and agrees to overall management responsibilities for the task force,including.but not limited to record keeping and daily responsibility for personnel work assignments'and investigative matters. 3. FBI Program&Ianaaeri The daily operational control,management,supervision of,and responsibility for operations of the PACCTF shall be vested in.an FBI'Program Manager. The FBI Program Manager shall be a.sworn law enforcement officer(an FBI Special Agent orSupervisorySpecial.Agent) . assigned by his/her respective FBI Field Office to the PACCTF. The term of office of the FBI Program Manager generally shall be a minimum of one(1)year,full-time,to commence upon appointment. This document contains neither recommendations nor conclusions of the FBI. This document is the property of the FBI and is loaned to your agency;it and its contents are not to be distributed outside your agency. Cyber Crime Task Force MOU(February 2004) 4. Participating Agency Team Leader: Day-to-day operational matters may be assigned by the FBI Program Manager to a Team Manager. The Team Manager shall befrom a Participating Agency other than the FBI and shall be selected by the FBI in consultation with all PACCTF Participating Agencies. The Team Manager shall be a full-time.employee assigned to the PACCTF. The term of office of the Team Manager generally shall be a minimum of one(1)year,full-time,to commence upon appointment. H. PERSONNEL r 1. Membership: The PACCTF shall consist of a combined body of investigators and support personnel from the Participating Agencies. 2. No Employment by the PACCTF: The PACCTF does not directly or indirectly employ any personnel assigned to it. The PACCTF is established for the coordination of applicable investigations and does not establish employer-employee relationships with the personnel assigned to the PACCTF from the Participating Agencies. 3. Responsibility for Conduct: Personnel assigned to the PACCTF may not engage in any activity which,either in appearance.or in fact,conflicts with their duties at the PACCTF or reasonably impeaches the independence of their work for the PACCTF. In addition to the requirements set forth in this MOU and the accompanying SOP,each Participating Agency shall ensure that their employee participants remain subject to and adhere to the standards of conduct,°personnel rules,regulations, laws,and policies applicable to those of their respective agency. 4. Assignment to the PACCTF:Personnel selections for the PACCTF are at the discretion of the FBI and each respective Participating Agency, Personnel will be selected based on the needs of the PACCTF and the Participating Agencies. As a general matter,all personnel shall work in a full-time capacity at the PACCTF(and at a minimum not less than 2 dans a week)and make a minimum two-year work commitment to the PACCTF due to the specialized nature of the work and aaplicable trainin% Assignment to the PACCTF is discretionary and will be continued based on performance and the needs of the PACCTF. I. INFORMATION.MANAGEMENT 1• Records and Reports: All PACCTF investigative records will be maintained at the PACCTF location or the local FBIYield Office. Investigative documents will be stored on the FBI's electronic databases in order to enhance national information sharing among task forces and other investigators. Each party retains sole ownership of,exclusive control over,and sole responsibility for any information it solely contributes(and shall mark such information accordingly),and may at any time request to update or correct any of its information or delete it from the FBI's databases entirely.All investigative reporting will be prepared and maintained in compliance with each participant's existing Agency policies. Classified information shall not be placed in a non-Federal-Participating Agency's files or maintained outside of an accredited PACCTF location unless approved in advance and in writing by an FBI Security Officer. No information possessed by the FBI,to include information derived by non-FBI PACCTF personnel from informal communications with FBI personnel,may be further disseminated without the express permission of the FBI and in accordance with the applicable laws and internal regualtions,procedures,or agreements between the FBI and other agencies that would permit such agencies to receive FBI information directly. 2. Media: No member of the PACCTF will unilaterally discuss or otherwise reveal information relating to PACCTF investigations,or other FBI related investigations known to them,to any media representatives. All releases of information to the media on PACCTF matters will be mutually agreed upon and coordinated jointly under the supervision of the FBI Program Manager or Team Manager. J. LIABILITY. The FBI makes no representation'that the United States will provide legal representation or indemnification to any law enforcement officer or employee assigned to the PACCTF. Legal representation and indemnification by the United States is determined by the Department of Justice(DOJ)on a case-by-case basis pursuant to legal standards and DOJ policy. This document contains neither recommendations nor conclusions of the FBI. This-document is the property of the FBI and is loaned to your agency, it and its contents are not to be distributed outside your agency. -2- Cyber Crime Task Force MOU(February 2004) K. SALARIES AND FUNDING 1. Salary and Compensation: Salaries,benefits,taxes,and withholdings of PACCTF members will be paid by their respective agencies. 2. Overtime: Overtime may compensated to PACCTF members by their respective agencies in accordance with their applicable overtime provisions. 3. Fund' : This MOU is not an obligation or commitment of funds,nor a basis for transfer of funds; this MOU is instead a basic statement-of the understanding between the parties of the tasks and methods required:for a successful PACCTF. Unless otherwise agreed in writing,each party shall bear its own costs inrelation to this'MOU. Expenditures byeach party will be subject to its budgetary processes and to the availability of fltnds and.resources pursuant to applicable laws,regulations,and policies. The;parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. L. DURATION AND MODIFICATION OF THE MOU. The term of this MOU shall be for the duration of the PACCTF's operations,contingent upon approval of necessary funding,but may be terminated at any upon the written mutual consent of the agencies involved. A Participating Agency retains the right to terminate its participation by giving 30 days written notice of its intent to terminate. Should a Participating Agency terminate its participation,it must return any equipment to the supplying entity. Similarly,as.soon as practicable consistent with ongoing investigations,remaining agencies will return to a withdrawing agency any unexpended equipment the withdrawing agency may,have supplied during its PACCTF participation. Any modification of this'MOU will be effected with the written mutual consent of the involved parties. This MOU may be signed in counterparts. M. NO THIRD PARTY RIGHTS. This.MOU is not intended,and should not be construed,to create any right or benefit,substantive or procedural,:enforceable at law or otherwise by any third party against the parties hereto,the United ,States,or the officers,employees,agents,or other associated personnel thereof. N. EFFECTIVE DATE'AND ADDITIONAL PARTIES. As among the original parties,this MOU shall become effective when signed by the FBI-and the duly authorized representative of at least one other agency. For parties who:subsequently join,.this MOU shall become effective when signed by the FBI.and the joining party's duly authorized representative. qAGREED.on behalf o the entities/organizations("Participating Agencies")below: Pnt Name: rt J.Jordan e: Special Agent in.Charge Organization/Title: FBI Date: kv PrintName: Wiliam M.Dickinson Title: Chief of Police Organization: Tigard Police Department Date: This document contains neither recommendations nor conclusions of the FBL This document is the property of the FBI and is loaned to your agency;it and its contents are not to be distributed outside your agency. -3- Cyber Crime Task Force MOU(February 2004)