7 August 2001

See contents of full IRS Handbook of Criminal Investigation: http://cryptome.org/irs-ci/irs-ci.htm

## Handbook 9.10 Administrative Databases and Software Chapter 2 Treasury Enforcement Communication System (TECS) and International Fugitive Notices
### Contents [9.10] 2.1 Overview [9.10] 2.2 Description and Purpose of TECS [9.10] 2.3 Responsibilities for TECS [9.10] 2.3.1 The Chief, Asset Forfeiture and Narcotics Section [9.10] 2.3.2 Chief (Criminal Investigation Branch)--Service Center [9.10] 2.3.3 The Chief, (CI), in each district [9.10] 2.4 Information Available from TECS [9.10] 2.4.1 Individual Records [9.10] 2.4.1.1 U.S. Customs Service Records [9.10] 2.4.1.2 Bureau of Alcohol, Tobacco and Firearms (BATF) Records [9.10] 2.4.1.3 Treasury Inspector General, Tax Administration (TIGTA) [9.10] 2.4.1.4 IRS-Criminal Investigation [9.10] 2.4.2 Reports of International Transportation of Currency or Monetary Instruments (CMIR), Customs Form 4790 [9.10] 2.4.3 Reports Of Foreign Bank And Financial Accounts (FBAR), Treasury Form 90-22.1 [9.10] 2.4.4 Other Records Accessible Through TECS [9.10] 2.4.4.1 The National Crime Information Center (NCIC) [9.10] 2.4.4.2 The National Law Enforcement Telecommunication System (NLETS) [9.10] 2.4.4.3 State Driver Licence and Vehicle Registration [9.10] 2.5 How to Get Access to TECS [9.10] 2.6 Uses of TECS Queries [9.10] 2.6.1 Information Evaluation [9.10] 2.6.2 Investigation [9.10] 2.7 TECS Information Available to Other IRS Functions [9.10] 2.7.1 Contacting Nonresident Delinquent Taxpayer Through TECS [9.10] 2.8 TECS Information Available to Other Law Enforcement Agencies [9.10] 2.9 Requesting TECS Information [9.10] 2.10 Witnesses to Testify Regarding Filings of CTRs, CTRs by Casinos, FBARs, and Forms 8300 [9.10] 2.11 Domestic Fugitives and Wanted Persons [9.10] 2.11.1 Fugitive and Wanted Person Entries In TECS [9.10] 2.11.1.1 Validation of TECS Entries [9.10] 2.11.2 Sealed Indictments [9.10] 2.11.3 Bail Jumping [9.10] 2.11.4 Wanted Circulars [9.10] 2.12 International Fugitives [9.10] 2.12.1 INTERPOL Red Notice (International Wanted Notice) [9.10] 2.12.2 Requests for Provisional Arrest with a View Toward Extradition [9.10] 2.12.3 Canceling INTERPOL Requests for Fugitive Location (Diffusions) and Red Notices Exhibit [9.10] 2-1 PROSECUTOR'S CONFIRMATION OF AGREEMENT TO EXTRADITE Exhibit [9.10] 2-2 SAMPLE-RED NOTICE
### [9.10] 2.1 (08-11-1999) Overview
The Treasury Enforcement and Communication System (TECS) is used extensively by the law enforcement community. This chapter discusses the information available on TECS, how to access it, and how to enter information on the system for wanted persons, domestic fugitives and international fugitives. The specific topics discussed in this chapter are as follows: Description and Purpose of TECS. Responsibilities for TECS. Information available from TECS. How to get access to TECS. Uses of TECS queries. TECS information available to other IRS functions. TECS information available to other law enforcement agencies. Requesting TECS information. Witnesses to testify regarding filings of CTRS, CTRS by Casinos, FBARS, and Forms 8300. Domestic fugitives and wanted persons. International fugitives.
### [9.10] 2.2 (03-31-1999) Description and Purpose of TECS
TECS is a computerized information system designed to identify individuals and businesses suspected of or involved in violation of federal law. TECS is also a communications system permitting message transmittal between Treasury law enforcement offices and other national, state, and local law enforcement agencies. TECS provides access to the FBI's National Crime Information Center (NCIC) and the National Law Enforcement Telecommunication Systems (NLETS) with the capability of communicating directly with state and local enforcement agencies. NLETS provides direct access to state motor vehicle departments.
### [9.10] 2.3 (03-31-1999) Responsibilities for TECS
The responsibility for TECS lies both in Headquarters and the districts. The following subsections provide a brief description of these responsibilities.
### [9.10] 2.3.1 (08-11-1999) The Chief, Asset Forfeiture and Narcotics Section
The Chief, Asset Forfeiture and Narcotics Section, will be responsible for ensuring that all TECS entries meet authorized disclosure criteria. All fugitive entries will be made through Headquarters and all non-fugitive entries will be made through or authorized by the Chief, Asset Forfeiture and Narcotics Section. Headquarters is also responsible for conducting and coordinating periodic training for TECS terminal operators; as well as providing operating instructions, including the TECS Operating Manual, at all terminal locations, and additional instructions as needed.
### [9.10] 2.3.2 (03-31-1999) Chief (Criminal Investigation Branch)--Service Center
Each Chief, Criminal Investigation Branch (CIB), will be responsible for: Designating TECS users and coordinating their training. Performing queries for districts upon request, and reporting the results upon receipt of a TECS reply (either a "HIT" or a "No Record" ) by telephone, transmission of the TECS hard-copy reply to the field, or by attachment of the hard-copy reply to the Primary Investigation being evaluated.
### [9.10] 2.3.3 (08-11-1999) The Chief, (CI), in each district
The Chief, (CI), in each district will be responsible for: Designating a TECS Systems Control Officer (SCO) to assist other users and compliance functions in obtaining authorized data. Designating TECS users and coordinating their training. Disseminating written instructions to district personnel regarding TECS query requests within the general guidelines as stated in this Chapter. Providing the Headquarters Office with a mailing list for their district of direct distribution recipients of wanted circulars.
### [9.10] 2.4 (08-11-1999) Information Available from TECS
All information retrieved from TECS must be stamped OFFICIAL USE ONLY. U.S. Customs Financial Intelligence Branch (FIB) Financial Information Database provides information via TECS as follows: Currency Transaction Reports (CTR), Form 4789. Reports of International Transportation of Currency or Monetary Instruments (CMIR), Customs Form 4790. Reports of Foreign Bank and Financial Accounts (FBA), Treasury Form 90-22.1. Currency Transaction Reports by Casinos, Form 8362. Suspicious Activity Reports (SARs), Form TDF 90-22.47. Also available from FIB's Financial Information Database are special computer runs summarizing CMIR data. Requests for special computer runs must be sent to the IRS Detroit Computing Center. Requests must include: The individual or business name. Address. Identifying number (SSN, EIN, etc.). Printouts will only be generated for specific entities where a large volume of filings are applicable or where a search is required utilizing parameters not available for on-line queries. Requests for special computer runs summarizing CTR, CTRC, and FBAR data should be made to the IRS Detroit Computing Center, Attn: CI Representative, 985 Michigan Ave., Room 1043, Detroit, MI 48226. Requests should be signed by the Chief, CI, and should include: Individual or business name. Address. Identifying data (SSN, EIN, etc.). Zip code or zip code range. District code.
### [9.10] 2.4.1 (08-11-1999) Individual Records
Individual records available from the TECS database come from the U.S. Customs Service, Bureau of Alcohol, Tobacco and Firearms, Treasury Inspector General, Tax Administration (TIGTA) and IRS-CI.
### [9.10] 2.4.1.1 (03-31-1999) U.S. Customs Service Records
U.S. Custom records include: Subject records of enforcement interest on persons, vehicles, vessels, aircraft, organizations (including businesses), articles, and firearms. Case records and enforcement information. Private Aircraft Enforcement System (PAES) which identifies tail numbers, owner and pilot of aircraft, as well as aircraft and passenger arrival. Vessel and aircraft sightings. Land Border Primary and Secondary operations concerning motor vehicles and their passengers entering the United States.
### [9.10] 2.4.1.2 (08-11-1999) Bureau of Alcohol, Tobacco and Firearms (BATF) Records
Bureau of Alcohol, Tobacco and Firearms records include: Wanted persons and fugitives. Known and suspected violators of laws falling within the jurisdiction of BATF. Felons and dishonorably discharged veterans who have requested relief to own firearms and/or explosives under the Gun Control Act of 1968. Violent felons. Gangs and terrorists.
### [9.10] 2.4.1.3 (08-11-1999) Treasury Inspector General, Tax Administration (TIGTA)
Treasury Inspector General , Tax Administration (TIGTA) records include: Wanted persons and fugitives. Prosecution records. Arrests, indictments, and information (including convictions, dismissals, and other dispositions). Stolen guns. Stolen articles.
### [9.10] 2.4.1.4 (08-11-1999) IRS-Criminal Investigation
IRS-CI records include: Wanted persons and fugitives. Non-resident delinquent taxpayers. Entries involved in the Intelligence (INTEL) database concerning questionable refund schemes. All investigations included in the CIMIS. Investigations included in the Criminal Investigations Management Information System (CIMIS) are available through IRS TECS terminals via (command code) SQIR. The purpose of having CIMIS records in TECS is to notify the districts that another agency or CI office has queried the case subject. CIMIS records input into TECS are not available to other agencies. The database for CIMIS information can be queried by: Name. Social security number. Investigation number. Alias information (including d.b.a. and partnership). Related investigation number.
### [9.10] 2.4.2 (03-31-1999) Reports of International Transportation of Currency or Monetary Instruments (CMIR), Customs Form 4790
The CMIR file contains a record of every individual who has filed a Customs Form 4790, Report of International Transportation of CMIR. This form is required to be filed by each person who physically transports, mails, or ships, or causes to be physically transported, mailed, shipped, or received currency or other monetary instruments in an aggregate amount exceeding $10,000 on any one occasion from the United States to any place outside the United States, or into the United States from any place outside the United States. A transfer of funds through normal banking procedures which does not involve the physical transportation of Currency or Monetary Instruments is not required to be reported. If a TECS query results in a positive response, information contained on the CMIR will be received. If it becomes necessary to obtain a copy or certified copy of the CMIR, a request which includes the Report Control Number (RCN), should be directed to the Director, National Operations Division. The request should include all available identifying data including: Name. Social security number. Employer identification number. Date of birth, if applicable. For a certified copy of the CMIR, the request must also include the scheduled court date.
### [9.10] 2.4.3 (08-11-1999) Reports Of Foreign Bank And Financial Accounts (FBAR), Treasury Form 90-22.1
Form 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR), is a Treasury form used by individuals, partnerships, trusts, or corporations having a financial interest in or authority, signatory or otherwise, over one or more bank accounts, securities accounts or other financial accounts in a foreign country, when such account(s) have an aggregate value in excess of $10,000. This form is required to be filed at the Memphis Service Center or at any local IRS office. The Memphis Service Center presently processes all Forms 90-22.1 for input to TECS. The TECS foreign bank account files contain a record of entities who have submitted FBARs. If a TECS query results in a positive response, the name, address, SSN or EIN of the subject, and a microfiche number will be received. If it becomes necessary to obtain a copy or certified copy of a Treasury Form 90-22.1, a request should be directed to the Currency and Banking Reports Division, Criminal Investigation Program Coordinator, Detroit Computing Center, 985 Michigan Ave., Room 1043, Detroit, MI 48226. The request should include the microfiche number of all forms requested. Requests for special computer runs summarizing FBAR data should be made to the IRS Detroit Computing Center, Attn: CI Representative, 985 Michigan Ave., Room 1043, Detroit MI 48226. Requests should be signed by the Chief, CI, and should include: The individual or business name. Address. Identifying numbers (SSN, EIN, etc.). Zip code, zip code range, or district office code.
### [9.10] 2.4.4 (03-31-1999) Other Records Accessible Through TECS
Other records accessible through TECS include the NCIC and the NLETS.
### [9.10] 2.4.4.1 (08-11-1999) The National Crime Information Center (NCIC)
The NCIC is operated by the FBI and contains records on: Wanted persons and missing persons. Criminal History. Stolen and (Felony) Non-Stolen Vehicles. Stolen license plates. Stolen articles. Stolen securities. Stolen boats. Stolen guns.
### [9.10] 2.4.4.2 (08-11-1999) The National Law Enforcement Telecommunication System (NLETS)
The National Law Enforcement Telecommunication System (NLETS) links the law enforcement agencies across the United States. NLETS can be used to obtain: Drivers license information. Motor vehicle registration information. Boat registration information. Snowmobile registration information. NLETS queries can be made from TECS terminals for vehicle registration information (RQ). The following information can be used to make the query: License plate number, year, and vehicle type. Vehicle ID number, make, and year. NLETS queries can be made from TECS terminals for drivers license information (DQ). The information needed for this type of query is: Name, date of birth, and sex. Drivers license number. NLETS queries can be made from TECS terminals also for state criminal history record information. For the state criminal history query (IQ) enter: Name and social security number. Name, date of birth, and sex. To retrieve a full criminal history record (FQ) use the identification number from the IQ query.
### [9.10] 2.4.4.3 (03-31-1999) State Driver Licence and Vehicle Registration
All states will provide driver's license (DQ) and vehicle registration (RQ) information from motor vehicle files; however, the files of all states are not automated, therefore, there may be a delay in response time.
### [9.10] 2.5 (08-11-1999) How to Get Access to TECS
To access TECS, the user must request access through their manager. The System Control Officer (SCO) in their district will then establish a User Profile Record on TECS. The user will be required to take an on-line security test, a Privacy Awareness Course and a NCIC test. Instructions will be provided by the user's SCO. The user must retake these tests every 2 years for recertification.
### [9.10] 2.6 (03-31-1999) Uses of TECS Queries
TECS queries can be useful to CI when evaluating information or in an investigation.
### [9.10] 2.6.1 (08-11-1999) Information Evaluation
If information appears to have CI potential, the following queries could be useful: TECS--To determine whether other agencies have ongoing or closed investigations or other information within CI's jurisdiction. NCIC, State, and Local Criminal History Files--Requests for criminal history files will be processed only for the CI. Therefore, this information cannot be disseminated to other IRS functions. INTEL Files--To determine whether an entity or characteristic may be associated with a questionable refund scheme.
### [9.10] 2.6.2 (03-31-1999) Investigation
TECS may be queried to determine if a subject is or has been investigated by another Treasury agency. TECS may be useful in establishing a contact point within another agency or IRS district from which available information can be requested. This action will also serve to prevent jeopardizing ongoing investigations and duplication of effort. TECS records often contain information which may help to identify associates of the subject. TECS, through the Private Aircraft Enforcement System (PAES), provides FAA information regarding private aircraft, pilot, and passenger arrivals coming into the United States. Data regarding Land border and Airport crossings by vehicles, passengers and pedestrians entering the U.S. can be retrieved on-line (the record will be displayed or printed immediately). The Primary Query History Retrieval process also allows for the overnight retrieval (via printed reports) of records between 1 and 6 years old. Demographic Data is available through TECS at the 5-digit ZIP Code Level and at the Census Bureau Enumeration District (BGED) level.
### [9.10] 2.7 (08-11-1999) TECS Information Available to Other IRS Functions
Most TECS information is available to other IRS functions for use in investigations. The Chief, (CI), will designate a TECS coordinator to assist other functions in securing information from TECS. All requests should be submitted on Form 5523, TECS Query Request and approved by the appropriate Group Manager or higher supervisory official. The approving official will submit all requests to the CI TECS coordinator. Emergency requests may be made by a group manager. All information from TECS must be stamped FOR OFFICIAL USE ONLY. NCIC, State and Local Criminal History Files, are available through the Interstate Identification Index (III) (Criminal History Files). These files may be used only in the "administration of criminal justice" . Therefore, this information cannot be disseminated to other IRS functions.
### [9.10] 2.7.1 (03-31-1999) Contacting Nonresident Delinquent Taxpayer Through TECS
To help alleviate the compliance problem of collecting delinquent taxes from taxpayers who, because they reside outside the jurisdiction of U.S. Courts, are not subject to ordinary administrative and judicial collection procedures, the Service has a contact program which involves entering the names of certain nonresident delinquent taxpayers in TECS. This will help the Service to contact nonresident delinquent taxpayers who routinely travel to the United States for business, employment, or personal reasons. The objective of the contact program is to improve tax administration and compliance by: Collecting delinquent taxes. Securing delinquent returns. Identifying cases with criminal potential for referral to CI. The success of the program depends on timely collection actions by the district offices.
### [9.10] 2.8 (08-11-1999) TECS Information Available to Other Law Enforcement Agencies
TECS information can be provided to other law enforcement officials provided the following "rules" are followed. Third Agency Rule provides that information released to an agency cannot be released by that agency to another agency without the prior knowledge and consent of the agency that originally provided the information. According to NCIC: "Each criminal justice agency receiving an III (Criminal History) response shall record any third party dissemination of any III response to another criminal justice agency or an individual within another criminal justice agency, or to anyone legally entitled to receive such information who is outside the original receiving agency." (A notation must be made in the case file.)
### [9.10] 2.9 (08-11-1999) Requesting TECS Information
TECS inquiries can be made from the district office that has TECS capabilities. Inquiries can only be made by those CI employees having access to the system and should be made on a need-to-know basis only. (See 2.7-TECS Information Available to Other IRS Functions.) In instances of an equipment failure at a district office, requests to the Chief, CIB, for TECS queries may be made by memorandum, by use of Form 5523 (TECS Query Request), by fax, or by telephone. The Chief, CIB, will not release TECS information requested by telephone until he or she is satisfied as to the identity of the caller (such as telephone call back).
### [9.10] 2.10 (08-11-1999) Witnesses to Testify Regarding Filings of CTRs, CTRs by Casinos, FBARs, and Forms 8300
Requests for witnesses to testify as to the filing of CTRs, CTRs by Casinos, FBARs, and Forms 8300 should be made to the IRS Detroit Computing Center, Attn: CI Representative , 985 Michigan Ave., Detroit, MI 48226, (313) 234-1077. All CTRs, CTRs by Casinos, FBARs, and Forms 8300 are processed by the Detroit Computing Center and are indexed on the Currency Banking Retrieval System (CBRS) and the TECS, with the exception that Forms 8300 are not indexed on TECS. CBRS and TECS should be queried to determine if CTRs, CTRs by Casinos, FBARs, and Forms 8300 were filed for reportable transactions. However, access to Forms 8300 is bound by IRC 6103 rules of non-disclosure.
### [9.10] 2.11 (08-11-1999) Domestic Fugitives and Wanted Persons
When it is determined that a taxpayer is a fugitive or wanted person, the special agent must request an entry be made to TECS and NCIC. Wanted Circulars may be issued at the discretion of the Chief, CI, but only on fugitives that are charged with felony violations. (See 2.11.4 below.) Entry of federal fugitives in the NCIC Wanted Person File should occur within 24 hours after: Issuance of an arrest warrant; and The decision has been made as to whether and how far to go for extradition. Exceptions to this rule would be if imminent (within 5 days) arrest is expected or other clear, identifiable operational reasons would preclude immediate entry (e.g., insufficient descriptive data resulting in a John Doe warrant). Immediate entry must be made when a caution notation--a warning that the fugitive is dangerous, suicidal, or has a serious medical condition--is indicated. Any exceptions to delayed entry in NCIC must be minimized and documented. Modifications, clearing, locating, or cancellation of a fugitive's NCIC record must occur within 24 hours upon receipt of the information prompting the change. When information is received in any CI office that a fugitive or wanted person has been apprehended, for any reason whatsoever, the arresting authorities will be requested to hold the individual for further action by the IRS or the person holding the warrant or commitment papers. The CI official who learns that a fugitive or wanted person has been apprehended shall telephone the 24-hour number of the Chief, CI, in the district wherein the individual is wanted, and the Chief, Asset Forfeiture and Narcotics Section in Headquarters. This is to insure that the person holding the warrant or commitment papers can be immediately notified of the detention. In those instances where the above officials are notified telephonically, the notifying CI official will follow up with a written notification to them. The special agent participating in, verifying, or making the arrest will promptly submit Form 4930, Criminal Investigation Division General/Primary/Subject Investigation Report. The Chief, CI, of the district wherein the fugitive is wanted, shall follow up to ensure appropriate handling of the fugitive. Thereafter, he or she shall submit a brief report through channels to the Chief, Asset Forfeiture and Narcotics Section, detailing the action taken. This report will also include a request to delete the TECS and NCIC entry. (Steps should also be taken to cancel the Wanted Circular regarding the fugitive.) When the Chief of a district wherein the fugitive is wanted learns that the fugitive is located in another district, he or she will immediately notify the Chief of the other district as to the location of the fugitive and will furnish all available information necessary to the apprehension of the fugitive. Where such notification is made by telephone with the request that the fugitive be arrested, confirmation should immediately follow by fax so that the appropriate United States Attorney may have a documented request upon which to act. After the arrest has been made, submit a memorandum regarding cancellation in TECS/NCIC to the Chief, Asset Forfeiture and Narcotics in Headquarters. A supplemental report shall be prepared by the special agent when a convicted principal fails to surrender to the court on the date stipulated to begin serving his or her sentence and the court forfeits his or her bond. The report should set forth the facts in the case and recommend (if appropriate) that legal proceedings be instituted charging the defendant with violation of Title 18 U.S.C. Section 3146, Penalties for Failure to Appear. This action may materially aid CI to return, by extradition, individuals who have fled the country, inasmuch as a violation of Title 18 U.S.C. Section 3146, is usually an extraditable offense.
### [9.10] 2.11.1 (08-11-1999) Fugitive and Wanted Person Entries In TECS
All entries into TECS or NCIC will be made by CI Headquarters. A written request must be received within 24 hours from the date of warrant with a copy of the arrest warrant to the Chief, Asset Forfeiture and Narcotics Section. One copy is to be retained in the district investigative file. In urgent situations, the memorandum and attachment may be faxed or e-mailed to Headquarters. The request should contain the following to the extent available (these procedures should also be followed for requesting modifications): NOTE: *denotes mandatory fields, + means at least one numeric identifier must be included Name and investigation number.* Alias. Race.* Sex.* Height.* Weight.* Color of hair.* Color of eyes. Description of any identifying scars, marks and tattoos. Date of birth.+ Place of birth. Social security number.+ Passport number. Last known address. Nationality. If a naturalized U.S. citizen: date, place, and certificate number. Occupation. Criminal violation with which subject is charged.* Date of warrant.* Warrant number. Type of warrant--Bench, Magistrate, etc. Agency holding warrant--U.S. Marshal, IRS-CI, etc. Any information as to whether the subject is considered dangerous, owns or possesses firearms, has suicidal tendencies, or has previously escaped custody. (Please ensure that a statement of caution and reason for the caution is provided when applicable.) Driver's license number, year of expiration and issuing state.+ License number of vehicle, aircraft, or vessel, including year and state, owned or used by subject.+ Description of vehicle, aircraft, or vessel. Associates of subject. FBI number. A primary and secondary name and telephone number of CI personnel to contact when subject is apprehended. A 24-hour district telephone number must be included. If a decision is made to issue a Wanted Circular, the memorandum must contain a request to do so, and include the following additional information: Fingerprints and fingerprint classification. (If fingerprints are not readily available, any information that might help locate them will prove beneficial, e.g., whether the fugitive was in the military service (indicate branch), employed by the federal government, or employed by a contractor doing work for the government.) In lieu of fingerprints or fingerprint classification, clear photographs of the wanted person's customary signature, or a sample of the wanted person's handwriting (in duplicate). The most clear and most recent photograph available of the subject. Any other information that might aid in the wanted person's apprehension.
### [9.10] 2.11.1.1 (08-11-1999) Validation of TECS Entries
Periodically, Headquarters will mail validation forms to those districts which have generated fugitives into TECS. The Chief, CI, must have these forms carefully checked, preferably by the investigating agent, for current validity or any corrections and additions. This review is especially important for those items of information which are subject to periodic changes, e.g., driver's license information, vehicle information, address, name (if female), etc. It is imperative that the warrant be verified as active by contacting the Clerk of Courts, or the Assistant United States Attorney, and providing the name and number of the individual contacted. Headquarters is required by Customs and FBI's NCIC to perform an audit on the validation responses received from the districts, and to contact the individual or office noted on the validation response to ensure they were contacted by the districts and to verify the warrant is active. After the validation forms have been reviewed and signed by a Group Manager or Chief, CI, the forms must be returned to the Chief, Asset Forfeiture and Narcotics Section, before the validation form suspense date.
### [9.10] 2.11.2 (08-11-1999) Sealed Indictments
A subject under sealed indictment may be entered into TECS or NCIC with a fugitive status at the request of the Division Chief, CI.
### [9.10] 2.11.3 (08-11-1999) Bail Jumping
When an individual is arrested on a warrant, the NCIC record for this warrant must be cleared and the TECS record updated. If a subject jumps bail, the original warrant is no longer valid and a bench warrant will be issued for failure to appear. The U.S. Marshals Service will input a fugitive record into NCIC; the special agent must ensure that the NCIC fugitive record associated with the initial warrant is cleared and the TECS record is updated with the current status. Since TECS covers airports and land borders, a TECS fugitive record to supplement the Marshal's NCIC fugitive record could increase the likelihood of capture. A memorandum with a copy of the new failure to appear warrant should be submitted to the Chief, Asset Forfeiture and Narcotics Section, requesting a TECS record entry.
### [9.10] 2.11.4 (08-11-1999) Wanted Circulars
In order to assist in the apprehension of fugitives from justice who were the subjects of investigations by CI, procedures are provided for issuance of Wanted Circulars (Publication 269). For purposes of initiating Wanted Circulars, a fugitive from justice is defined as a person against whom some form of criminal action has been taken, such as the return of an indictment, filing of a complaint or information, or a conviction, and who has fled the jurisdiction to escape prosecution or to avoid serving a sentence. If a fugitive is charged with a felony and it is decided that a Wanted Circular should be issued, a request should be prepared by the Chief, CI, and immediately forwarded to the Chief, Asset Forfeiture and Narcotics Section, through appropriate channels. See this Chapter at 2.11.1(2) above. The report shall be prepared in duplicate. Transmit the original to the Chief, Asset Forfeiture and Narcotics Section and retain the copy in the district case file. Wanted Circulars are prepared and distributed by the National Office directly to local and state law enforcement officials. In addition, direct distribution is also made to federal enforcement agencies as well as appropriate field personnel of CI, Examination, and Collection at both regional and district levels. The names and the addresses for the direct distribution of Wanted Circulars by the National Office are taken from mailing lists furnished by each CI Division Chief. Each Chief should periodically review these mailing lists and submit such additions, deletions, or other changes as are necessary to maintain these mailing lists in a current status. Any revisions to the lists should be addressed to the Chief, Asset Forfeiture and Narcotics Section, and should show the address and title only, e.g., Sheriff, Calvert County, Prince Frederick, Maryland; Chief of Police, Cincinnati, Ohio. The district office originating a request for Wanted Circulars will be furnished a sufficient number of additional circulars in order to intensify the local search for criminals wanted. A file of Wanted Circulars will be maintained on a current basis in all CI field offices. Wanted Circulars should be displayed in public buildings such as post offices, especially in isolated areas where there is a limited number of law enforcement personnel, or in situations where the fugitive has a history of violence and may pose a danger to Service personnel or the public. They should also be displayed in sections of IRS offices open to the public such as Taxpayer Service. If a Chief, CI, wants to cancel a Wanted Circular for reasons other than apprehension, a memorandum requesting cancellation should be forwarded by the Chief, CI, through the appropriate channels to the Chief, Asset Forfeiture and Narcotics Section. This cancellation request can be included with the request to delete the TECS and NCIC entry.
### [9.10] 2.12 (03-31-1999) International Fugitives
If it is believed that a fugitive has left the United States, a "Red Notice" may be issued by the International Criminal Police Organization (INTERPOL) to assist in locating the fugitive. It may also assist, depending on the law of each INTERPOL member country, in having the fugitive detained so that U.S. authorities may request extradition or other proceedings, e.g., expulsion, leading to the fugitive's return. A Red Notice may also be used when the fugitive is a national (including a dual national) of a country that does not extradite its citizens, if the fugitive has fled to that country but may later travel outside it. To request a Red Notice, contact the IRS-CI representative at the INTERPOL-U.S. National Central Bureau (INTERPOL-USNCB) in Washington, D.C,. at telephone (202) 616-9000, telefax (202) 616-8400.
### [9.10] 2.12.1 (03-31-1999) INTERPOL Red Notice (International Wanted Notice)
An INTERPOL Red Notice is an International Wanted Notice. It includes a fugitive's photograph and fingerprints and is ordinarily sent to all of INTERPOL's member countries (approximately 175). Prior to forwarding an application for a Red Notice, the following must be ensured: The maximum penalty on the underlying offense is more than a year's imprisonment (or of an escaped offender that has more than a year yet to serve). The indictment is not sealed. The Assistant U.S. Attorney (AUSA) or other responsible prosecutor has agreed to extradite and has completed and signed a Prosecutor's Confirmation of Agreement to Extradite (Exhibit 9.10.2-1). Forward this document to INTERPOL-USNCB with the application for Red Notice. Send or telefax copies of the arrest warrant, indictment (or judgment of conviction), NCIC entry, identity documents (or printouts of confirmations of identity document numbers) if available, and fugitive's photograph and fingerprints to the INTERPOL-USNCB with your Red Notice application. Fingerprints may be available from sources other than law enforcement. For instance, fugitives who have held fiduciary (including stockbroker) positions; have been employed as teachers or in child care; or have been licensed for various professions may have been fingerprinted. Some states require thumb or forefinger prints of driver's license applicants. The INTERPOL-USNCB reviews each U.S. application for a Red Notice and, upon approval, forwards it to the INTERPOL General Secetariat in Lyon, France. INTERPOL Lyon ensures that each Red Notice meets international legal requirements, then issues it in INTERPOL's four official languages (Arabic, English, French, and Spanish) to all INTERPOL member countries, unless the requesting INTERPOL member excepts certain countries. Exhibit 9.10.2-2 is a sample Red Notice form. Publication of a Red Notice may take 2 to 4 months. When the INTERPOL-USNCB forwards a Red Notice application to INTERPOL Lyon, the IRS U. S. National Central Bureau (USNCB) representative will use INTERPOL's dedicated telecommunications network to transmit the text of the Red Notice in the form of a "Fugitive Location Request" also called a "Diffusion," to INTERPOL members in any area if the world in which the fugitive may be found. In urgent cases, the INTERPOL-USNCB can transmit an INTERPOL Fugitive Location Request even before receiving the Red Notice application. To request this, call the IRS-CI representative at the INTERPOL-USNCB, (202) 616-9000 (24 hour number). The USNCB sends a courtesy copy of every Fugitive Location Request to the Fugitive Unit, Office of International Affairs, Criminal Division, U. S. Department of Justice, telephone (202) 514-0000. The Office of International Affairs handles all international extraditions involving the United States. When a fugitive from U.S. justice is located abroad, the prosecutor must, therefore, contact the Office of International Affairs, telephone (202) 514-0000, telefax (202) 514-0080, to make a request for the fugitive's provisional arrest in that country with a view toward extradition to the United States. The Office of International Affairs, U.S. Department of Justice, also has a Duty Attorney available 24 hours a day through the Department of Justice Command Center telephone (202) 514-5000, to assist with the request for provisional arrest with a view toward extradition of a fugitive located abroad at night or on a weekend. Some foreign countries can use an INTERPOL "Fugitive Location Request" to detain a fugitive for a brief period under their domestic law, e.g., because the fugitive failed to disclose a criminal record or is otherwise an undesirable alien. Some foreign countries can also use an INTERPOL Red Notice as the equivalent of a request, pursuant to the applicable extradition treaty, for provisional arrest with a view toward extradition. As the USNC electronically transmits the "Fugitive Location Request" directly to other INTERPOL member countries, the U.S. prosecutor must, therefore, be prepared immediately to work through the Office of International Affairs, U.S. Department of Justice, to request provisional arrest with a view toward extradition if the fugitive is located, and to make a formal extradition request within the time provided by the applicable extradition treaty. Call the IRS-CI representative at the INTERPOL-USNCB, (202) 616-9000, for complete Red Notice information and assistance. The representative can advise whether a Red Notice is appropriate and, if so, forward the most current information and forms necessary for Red Notice application. If you know the fugitive's location abroad, and if the country in question can extradite the fugitive, you may not need an INTERPOL Fugitive Location Request or Red Notice. In such cases, the prosecutor should work directly with an attorney at the Office of International Affairs, U.S. Department of Justice, (202) 514-0000, fax (202)514-0080, mailing address P.O. Box 27330, Washington, D.C. 20038-7330, who handles extradition from the country in question.
### [9.10] 2.12.2 (03-31-1999) Requests for Provisional Arrest with a View Toward Extradition
A request for provisional arrest with a view toward extradition is in many cases the first step in requesting the extradition to the United States of an international fugitive. A provisional arrest request contains substantially the same information as an INTERPOL "Fugitive Location Request" or an INTERPOL Red Notice but is a separate document sent to a specific country with which the United States has an extradition treaty. The Office of International Affairs in the Criminal Division, U.S. Department of Justice, which handles all international extraditions involving the United States, transmits the provisional arrest request through the U.S. Department of State unless the applicable treaty recognizes INTERPOL or another channel as an official channel for that purpose. In some cases, the Office of International Affairs may also send a courtesy copy of the provisional arrest request via INTERPOL. The contents of the extradition request itself depend upon the applicable treaty. An extradition request generally includes: A prosecutor's affidavit describing the U.S. proceeding. An agent's affidavit about the facts of the investigation. Witness statements. Certified copies of the arrest warrant, indictment, or judgment of conviction. The fugitive's photograph. The fugitive's fingerprints. The Fugitive Unit of the Office of International Affairs maintains a copy of every U.S. application for an INTERPOL Red Notice, plus 24-hour contact information for the U.S. prosecutors. These enable the Office of International Affairs attorney or, after hours, the Duty Attorney (available through Department of Justice Command Center, (202) 514-5000), to contact the U.S. prosecutor and to prepare a provisional arrest request at any time for any U.S. Red Notice fugitive located in a foreign country that can extradite. The IRS-CI INTERPOL Representative at the INTERPOL-USNCB, telephone (202) 619-9000, will, therefore, forward copies of your Prosecutor's Confirmation of Agreement to Extradite (Exhibit 9.10.2-1), Red Notice application (Exhibit 9.10.2-2), and indictment, or judgment of conviction, and arrest warrant to the Office of International Affairs, Fugitive Unit, when the INTERPOL-U.S. National Central Bureau forwards the Red Notice application to INTERPOL Lyon.
### [9.10] 2.12.3 (03-31-1999) Canceling INTERPOL Requests for Fugitive Location (Diffusions) and Red Notices
It is essential to cancel an INTERPOL Request for Fugitive Location (also known as a Diffusion) or INTERPOL Red Notice if: The fugitive has been apprehended in (or extradited of otherwise returned to) the United States. When the NCIC entry is cancelled. When the charges against the fugitive are dropped. When for any reason, the prosecutor will not prosecute the fugitive. When the prosecutor is no longer willing (for any reason) to extradite internationally. Reasons not to prosecute may include that essential witnesses and evidence are no longer available. Timely cancellation of the INTERPOL Request for Fugitive Location (Diffusion) or Red Notice may prevent the detention abroad, on behalf of the United States, of: A person whom the U.S. prosecutor is no longer able or willing to prosecute. Any person who is not a fugitive from U.S. justice but whose name, date of birth, and additional identifying information may closely resemble those of the fugitive who is the subject of an INTERPOL Request for Fugitive Location or Red Notice. To cancel an INTERPOL Request for Fugitive Location or Red Notice, immediately contact the Headquarters TECS Fugitive Unit by telephone (202) 622-5251. At the same time, submit a written memorandum of confirmation to both the Headquarters TECS Fugitive Unit and the Fugitive Unit of the Office of International Affairs, telephone (202) 514-0000, fax (202) 514-0080. The memorandum to the TECS Fugitive Unit should also request the cancellation of any Wanted Circular. When a fugitive is apprehended, appropriate reports shall be prepared in accordance with 2.11(3) in this Chapter.
Exhibit [9.10] 2-1 (03-31-1999)
PROSECUTOR'S CONFIRMATION OF AGREEMENT TO EXTRADITE

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Fax to USNCB, (202) 616-8400, within 24 hours of requesting Fugitive Location (Diffusion).
In consideration of transmission by INTERPOL--U.S. National Central Bureau (USNCB) of an INTERPOL Request for Fugitive Location (Diffusion) or Red Notice (International Wanted Notice) for __________ , F/N _________________ , (DOB _________________ , POB _________________ ) via INTERPOL's dedicated, world-wide telecommunications system, and
On behalf of [name of prosecutor's office] ________________________ , if the fugitive is located abroad in a country that can extradite I hereby agree:
1. That the U.S. Department of Justice, Office of International Affairs (OIA), (202) 514-0000, after hours OIA Duty Attorney (202) 514-5000 (DOJ 24-hour Command Center); telefax (202) 514-0080 shall immediately transmit a request for the fugitive's provisional arrest with a view toward extradition, or for the fugitive's return to the United States by other legal means.
2. To submit a draft request for the fugitive's extradition to OIA within 10 days of the fugitive's provisional arrest or as agreed with the responsible OIA attorney (extradition request normally includes prosecutor's and agent's affidavits; certified copies of charging document(s) (or judgment of conviction) and arrest warrant(s); witness statement(s); fugitive's photograph and fingerprints.)
3. To pay all costs of extradition (translation of extradition request if necessary, round-trip airfare and per diem for two U.S. Marshals or one Marshal and one state/local official; fugitive's one-way airfare; foreign attorney fees if applicable).
4. To inform the USNCB and OIA immediately in writing:
|  | (a) | if the fugitive is apprehended in (or returned to) the United States;
|  | (b) | if the NCIC entry is cancelled;
|  | (c) | if the charges are dropped;
|  | (d) | if this office will not prosecute this case for any reason, or
|  | (e) | if this office will not extradite this fugitive internationally; and
|  | (f) | if the prosecutor 24-hour contact information (below) changes.
IF there is as yet no application for a Red Notice, the investigator will forward one ASAP to the INTERPOL--U.S. National Central Bureau with copies of the arrest warrant (warrant number and judge's name legible); charging document(s) (or judgment of conviction); copies of identity documents or confirmations of identity document numbers if possible; fugitive's photographs and fingerprints; and executed original of this Agreement.
Exhibit [9.10] 2-1 (03-31-1999)
PROSECUTOR'S CONFIRMATION OF AGREEMENT TO EXTRADITE

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Prosecutor authorizing extradition: |  | Backup prosecutor:
Name: |  | Name:
Signature:
Title: |  | Title:
Name of office:
Address:
Phone: |  | Phone:
Beeper/Cellphone: |  | Beeper/Cellphone:
Home phone: |  | Home phone:
Fax: |  | Fax:
Exhibit [9.10] 2-2 (03-31-1999) SAMPLE-RED NOTICE Exhibit [9.10] 2-2 (Cont.) (03-31-1999) SAMPLE-RED NOTICE Exhibit [9.10] 2-2 (Cont. 3) (03-31-1999) SAMPLE-RED NOTICE Exhibit [9.10] 2-2 (Cont. 4) (03-31-1999) SAMPLE-RED NOTICE
### Internal Revenue Manual | ### Hndbk. 9.10 Chap. 2 Treasury Enforcement Communication System (TECS) and International Fugitive Notices | ### (03-31-1999)

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