32 CFR Part 1904 — Procedures Governing Acceptance of Service of Process

PART 1904—PROCEDURES GOVERNING ACCEPTANCE OF SERVICE OF PROCESS Authority: 50 U.S.C. 403g; 50 U.S.C. 403(d)(3); E.O. 12333 sections 1.8(h), 1.8(i), 3.2. Source: 56 FR 41458, Aug. 21, 1991, unless otherwise noted. § 1904.1 Scope and purpose. (a) This part sets forth the limits of authority of CIA personnel to accept service of process on behalf of the CIA or any CIA employee. (b) This part is intended to ensure the orderly execution of the Agency's affairs and not to impede any legal proceeding. (c) CIA regulations concerning employee responses to demands for production of official information in proceedings before federal, state, or local government entities are set out in part 1905 of this chapter. § 1904.2 Definitions. (a) Agency CIA (b) Process (c) Employee (d) General Counsel § 1904.3 Procedures governing acceptance of service of process. (a) Service of Process Upon the CIA or a CIA Employee in An Official Capacity Personal service. (2) Mail service. (b) Service of Process Upon a CIA Employee Solely in An Individual Capacity General. (2) Personal Service. (3) Mail Service. (c) Service of Process Upon a CIA Employee in A Combined Official and Individual Capacity. (d) The documents for which service is accepted in official capacity only shall be stamped “Service Accepted in Official Capacity Only.” Acceptance of service of process shall not constitute an admission or waiver with respect to jurisdiction, propriety of service, improper venue, or any other defense in law or equity available under the laws or rules applicable to the service of process. § 1904.4 Notification to CIA Office of General Counsel. A CIA employee who receives or has reason to expect service of process in an individual, official, or combined individual and official capacity, in a matter that may involve testimony or the furnishing of documents and that could reasonably be expected to involve Agency interests, shall promptly notify the Litigation Division, Office of General Counsel (703-874-3118). Such notification should be given prior to providing the requestor, counsel or other representative any Agency information, and prior to accepting service of process. § 1904.5 Authority of General Counsel. Any questions concerning interpretation of this regulation shall be referred to the Office of General Counsel for resolution.

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