Department of Defense
INSTRUCTION
NUMBER 5240.04
April 1, 2016
USD(I)
SUBJECT: Counterintelligence (CI) Investigations
References: See Enclosure 1
1. PURPOSE. This instruction:
a. Reissues DoD Instruction (DoDI) 5240.04 (Reference (a)) to implement policy, assign
responsibilities, and provide procedures for conducting CI investigations in accordance with
DoD Directive 5240.02 and DoD Directive 5143.01 (References (b) and (c)).
b. Defines full-field CI investigations and preliminary CI investigations under the purview of
the Under Secretary of Defense for Intelligence (USD(I)) .
2. APPLICABILITY. This instruction:
a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs
of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the
Department of Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities within the DoD (referred to collectively in this instruction as the “DoD
Components”).
b. Does not apply to the conduct of CI inquiries described in DoDI O-5240.21 (Reference
(d)).
3. POLICY. It is DoD policy that CI investigations be conducted in accordance with Reference
(b) and only be conducted by the Military Department counterintelligence organizations
(MDCOs) identified in the Memorandum of Agreement Between the Attorney General and the
Secretary of Defense (Reference (e)) and the Memorandum of Understanding Between the
Federal Bureau of Investigation (FBI) and the Department of Defense (Reference (f)) or their
successor agreements.
4. RESPONSIBILITIES. See Enclosure 2.
