Operational Law Handbook - Higgins Counterterrorism Research ...

Secretary of Defense or Deputy Secretary of Defense has approvedthe deployment or travel, or has specifically delegated thatapproval authority to the respective theater CINC, a Service, orthe DoD Coordinator for Drug Enforcement Policy and Support.• DoD personnel shall not directly participate in law enforcementactivities such as a search, seizure, arrest, or similaractivity. Consistent with this proscription, DoD counterdrugsupport to drug law enforcement agencies will be distinguishableand separate from law enforcement activities undertaken by thedrug law enforcement agents.• DoD personnel are prohibited from accompanying U.S. drug lawenforcement agents or host nation law enforcement forces andmilitary forces with counterdrug authority on actual counterdrugfield operations or participating in any activity in whichcounterdrug-related hostilities are imminent. DoD personnel willmake every effort to minimize the possibility of confrontation(armed or otherwise) with civilians.• DoD personnel will not accompany U.S. drug law enforcementagents, host nation law enforcement forces or host nationmilitary forces with counterdrug authority to/or providecounterdrug support from, a location outside a secure base orarea. If included as part of an approved SecDef deploymentorder, DoD personnel may proceed to a forward operating base orarea in accordance with the deployment order when directed by thecommander or other official designated by the responsible CINC.• Counterdrug training or support provided by DoD personnel must berequested by a U.S. law enforcement agency. If overseas,counterdrug support must be requested by an appropriate officialof a department or agency of the Federal Government that hascounterdrug responsibilities in that foreign country. Therequest must be made to the appropriate representative of saiddepartment or agency on behalf of the host nation and be approvedby the U.S. Chief of Mission.• All counterdrug training or support provided by DoD personnelmust be authorized by statute. It may only be provided toFederal, state and local law enforcement agencies, or host nationpolice, security forces, and military forces that havecounterdrug responsibilities.• The authority delegated in Chairman of the Joint Chiefs of StaffInstruction (CJCSI) 3710.01, dated May 28, 1993, to approvecounterdrug ground reconnaissance training missions in support oflaw enforcement agencies by the U.S. Armed Forces in federalstatus in the 54 States/Territories of the United States, iswithdrawn. This withdrawal does not affect DoD funded National381Chapter 20Domestic Operations