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Criminal Resource Manual

1123. Letter from Attorney General to Senator Hatch Regarding Prior Approval Requirement for Economic Espionage Prosecutions

October 1, 1996

Dear Chairman Hatch:

Thank you for your support of the Economic Espionage Act of 1996 ("Act"). The need for this law cannot be understated as it will close significant gaps in federal law, thereby protecting proprietary economic information and the health and competitiveness of the American economy.

The Department shares your concerns that the legislation be implemented in accordance with the intent of Congress and therefore will require, for a period of five years after implementation of the Act, that the United States may not file a charge under Chapter 90, or use a violation of Chapter 90 as a predicate offense under any other law, without the personal approval of the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division (or the Acting official in each of these positions if a position is filled by an acting official). This requirement will be implemented by published regulation.

Violations of such regulations will be appropriately sanctionable. Any such violations will be reported by the Attorney General to the Senate and House Judiciary Committees.

Once again, thank you for your leadership in this critical area.


Janet Reno

[cited in Criminal Resource Manual 1122; USAM 9-59.100]