Professional Documents
Culture Documents
CounterIntelligence
Darren E. Tromblay
To cite this article: Darren E. Tromblay (2023) Taking the Fight Abroad: The FBI’s Legal Attachés
and Chinese Intelligence, International Journal of Intelligence and CounterIntelligence, 36:1,
260-270, DOI: 10.1080/08850607.2021.1928862
PERSPECTIVE
DARREN E. TROMBLAY
During the first several decades of the Cold War, the Federal Bureau of
Investigation (FBI) faced a formidable challenge: an intelligence threat that
did not have a formal U.S. presence that the bureau could target. The threat
was the Peoples’ Republic of China (PRC), which the United States did not
acknowledge as representing China, opting instead to afford Taiwan with this
recognition. In order to overcome the obstacle, the FBI leveraged its presence
abroad—the legal attache (legat)—program, which dated to the Second
World War. This arrangement illustrated the false dichotomy of foreign
versus domestic intelligence because information about what was occurring
within the FBI’s domestic area of responsibility had to be obtained through
its presence abroad.
In the wake of the Second World War, the United States, in an effort to
prevent another surprise attack, sorted through a variety of options for
developing a global intelligence service. Although the FBI offered the SIS as
an example, the government instead pursued a path that led to the creation
of the Central Intelligence Agency (CIA) in 1947. In 1946, Hoover had
cautioned that a division of domestic and foreign intelligence would “create a
‘Pearl Harbor.’”17 The Central Intelligence Group (CIG)—which was the
immediate predecessor to the CIA—used the SIS program as a model.18 In
fact, SIS stations were turned over wholesale to the CIG.19 The SIS ceased
operations in 1947.20
Despite the CIG’s assumption of SIS duties, the FBI did not withdraw
entirely from the foreign field. As early as 1946, when the SIS was winding
down its operations, Hoover noted that certain posts in foreign countries
would continue to function strictly for purposes of police liaison.21 By 1950,
remnants of the SIS program remained in place as liaison positions. Hoover
advised Congress that the FBI had men stationed in London, Paris, Madrid,
Ottawa, Havana, and Mexico City.22 By 1960, the bureau’s foreign presence
had grown to ten offices.23
CHASING CHINA
Legats provided opportunities to reach areas of the world in which the
Chinese government was operating and potentially working against U.S.
interests. In at least one instance—the establishment of a post in Hong
Kong—the FBI explicitly created a legat post in an effort to develop a better
understanding of the threat from China. In addition to simply watching
China, legats also had to assess how their host countries’ relationships with
China were developing, in order to remain cognizant of how the Chinese
footprint might evolve.
Tokyo
The FBI’s legal attache in Tokyo was an early outpost for operations against
Chinese intelligence activities. Between 1945 and 1946, the bureau had
operated an outpost in Tokyo as part of its SIS program.24 Through that
location the bureau obtained a large volume of intelligence material on topics
including the Communist Party of China.25 In 1954, the FBI returned to
Tokyo by establishing a legat in that city.26 This initially created some
interagency contretemps. Upon learning of the bureau’s desire to establish
this new position, several CIA officials voiced objections to this development.
Then–Director of Central Intelligence Allen Dulles settled the matter, stating
that he personally supported the establishment of the position, since it would
Hong Kong
In 1965, the FBI established CHICOIN, and it expanded its China-oriented
presence abroad shortly thereafter by establishing a legat in the British
Crown Colony of Hong Kong. This location officially opened in 1966.32
(Technically, the title of the position was legal liaison officer since the legat
was situated at a U.S. consulate.33) According to Grove, the FBI’s China
desk was in support of a continued presence in Hong Kong.34 In opening a
legat office in Hong Kong, the bureau was explicitly seeking to develop
coverage of Beijing’s activities.35 Indeed, according to a 1973 inspection of
the FBI’s Intelligence Division, the principal focus of the Hong Kong legat
was “to assist the Bureau in its counterespionage efforts directed against
Chinese Communist espionage operations targeted against the US.”36
The FBI’s Hong Kong legat was not only attuned to the needs of the
bureau’s cases but also to the geopolitical realities of Sino–U.S. relations. The
office consistently developed what the FBI referred to as “foreign political
intelligence information” for the White House.37 An indicator of how the
Formosa Formalities
Although the FBI was greatly interested in the intelligence threat from the
PRC, the United States, until 1979, diplomatically recognized the Chinese
nationalists in Taiwan (Formosa), rather than the regime in the PRC. This
led to complications for the legat program. The United Kingdom, although it
authorized the establishment of a legat in Hong Kong, insisted that the legat
not conduct liaison with Taiwan, in order to avoid disrupting relations
between Beijing and London.40 Legat Tokyo, which had been responsible for
liaison with Taiwan, continued to handle this responsibility. As the United
States began to make overtures to the PRC, the FBI noted that its Taiwanese
contacts viewed this as an unsympathetic move by the U.S. government but
committed to continuing their cooperation.41
Ottawa
Canada’s relationship with China posed a unique challenge to the United
States, as it provided China with an opportunity to target American entities
from a North American diplomatic platform. The FBI had a long-established
relationship with the Royal Canadian Mounted Police, reaching back to
1939.42 In 1942, it established an Ottawa-based legat.43 This bilateral
relationship would provide the FBI with insights about how China was
endeavoring to use Canadian soil to target the United States.
The FBI was clearly concerned about—and keeping track of—how the
China–Canada relationship was progressing. A 1965 DID inspection report
noted the presence of a newly organized outpost of the New China News
Agency (NCNA) in Canada.44 (The NCNA—a Chinese state-run media
outlet—is more commonly known as Xinhua.45) During that same year, the
FBI indicated concern about the possibility that Canada would afford
diplomatic recognition to Beijing.46 In 1968, the bureau noted a news item
suggesting that Canada and China were nearing the establishment of formal
Mexico City
Similar to its monitoring of Chinese–Canadian relations, the FBI indicated
concerns about China’s evolving relationship with Mexico. The FBI first
established a Mexico City presence, as part of the SIS program, in 1940.54
In 1965, the Bureau noted that the NCNA had recently established a
Mexican presence.55 In 1971, Mexico established diplomatic relations with
the PRC. By 1973, the FBI assessed that the recently established Chinese
embassy in Mexico City was one of several challenges which the legat in
that city faced.56
Other Locations
The FBI did not limit its use of legats in Chinese counterintelligence to
Tokyo, Hong Kong, Ottawa, and Mexico City, as indicated by the 1968
FBI’s instructions for legats worldwide. This global awareness served the
purposes of CHICOIN. According to a bureau document describing the
evolution of CHICOIN, it was “essential that visitors to Communist
China and PRC embassies in foreign countries be identified to determine
if they have access to classified material or could be utilized for an
intelligence or espionage assignment upon their return to the
United States.”57
REFERENCES
1
Federal Bureau of Investigation, 66-2542. SAC Letter. No. 112. Series 1949.
(A) Communist Party—China; Communist Party—U.S.A. Confidential
informant Coverage, https://ia802703.us.archive.org/20/items/foia_FBI_
Security_Informant_Program_HQ_66-2542-3_HQ-7/FBI_Security_Informant_
Program_HQ_66-2542-3_HQ-7.pdf
2
U.S. Congress, Departments of State, Justice, and Commerce, the Judiciary,
and Related Agencies Appropriations for Fiscal Year 1972, Before the
Committee on Appropriations. United States Senate (1971).
3
Federal Bureau of Investigation, 62-11635. Domestic Intelligence Division
Inspection (1971). https://www.archives.gov/files/research/jfk/releases/docid-
32989638.pdf
4
Federal Bureau of Investigation, 67-149000. W. M. Felt to Tolson. Domestic
Intelligence Division Inspection (1968). https://ia802600.us.archive.org/4/items/
foia_FBI_Domestic_Intelligence_Division-HQ-1/FBI_Domestic_Intelligence_
Division-HQ-1.pdf
5
Federal Bureau of Investigation, 62-80750 V.P. Keay. Memorandum for Mr.
Ladd Re: World-Wide Intelligence Coverage. September 1, 1948, https://
ia801304.us.archive.org/14/items/FBI-CIA-Liaison/0368692—62-HQ-80750—
Section013.pdf
6
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 1,
https://vault.fbi.gov/special-intelligence-service/SIS%20History%20Part%2001%
20of%2008/view
7
Darren E. Tromblay, The FBI Abroad (Boulder, CO: Lynne Rienner, 2020).
8
Federal Bureau of Investigation, 64-4104. C.H. Carson. Memorandum for Mr.
Ladd. 9 October 9 1942. National Archives and Records Administration.
Records Group 65.
9
Federal Bureau of Investigation, 62-80750 V.P. Keay.
10
Ibid.
11
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 1;
Federal Bureau of Investigation. 64-4104. Annual Report. Special Intelligence
Service. Federal Bureau of Investigation. United States Department of Justice.
1944–1945. National Archives and Records Administration. Records Group 65.
12
Mark Lowenthal, Intelligence from Secrets to Policy (8th ed.) (Washington,
DC: CQ Press 2020), p. 38.
13
Federal Bureau of Investigation, 62-80750 V.P. Keay.
14
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 1.
15
Federal Bureau of Investigation, 62-80750 V.P. Keay.
16
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 3.
Accomplishment. Mexico–Venezuela, https://vault.fbi.gov/special-intelligence-
service/SIS%20History%20Part%2004%20of%2008/view
17
Federal Bureau of Investigation, 62-80750, 6 October 1946. https://ia801304.us.
archive.org/14/items/FBI-CIA-Liaison/0368692—62-HQ-80750—Section004.pdf
18
Federal Bureau of Investigation, 62-80750 V.P. Keay.
19
Federal Bureau of Investigation, 62-80750. D.M. Ladd to E.A. Tamm. Central
Intelligence Group—Release of Bureau Property, 5 August 1946, https://
ia801304.us.archive.org/14/items/FBI-CIA-Liaison/0368692—62-HQ-80750—
Section003.pdf
20
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 3.
21
Federal Bureau of Investigation, 62-80750. Director, FBI To Attache, Paris,
France. 13 August 1946, https://ia801304.us.archive.org/14/items/FBI-CIA-
Liaison/0368692—62-HQ-80750—Section004.pdf
22
U.S. Congress. Departments of State, Justice, Commerce, and the Judiciary
Appropriations for 1951, Before the Subcommittee of the Committee on
Appropriations, United States Senate, 81st Cong. Pt. 1 (1950).
23
U.S. Congress. Departments of State and Justice, the Judiciary, and Related
Agencies Appropriations for 1961, Before the Subcommittee of the Committee
on Appropriations, House of Representatives, 86th Cong. (1960).
24
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 1.
25
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 2.
Accomplishment Argentina–Japan, https://vault.fbi.gov/special-intelligence-
service/SIS%20History%20Part%2003%20of%2008/view
26
U.S. Department of Justice, Federal Bureau of Investigation Legal Attache
Program (Washington, DC, 2004), https://oig.justice.gov/reports/FBI/a0418/
final.pdf
27
Federal Bureau of Investigation, 62-80750 R.R. Roach to A. H. Belmont.
Assignment of Bureau Representative to Tokyo, Japan, 27 July 1954, https://
ia801304.us.archive.org/14/items/FBI-CIA-Liaison/0368692—62-HQ-80750—
Section036.pdf
28
Christopher Wray, The Threat Posed by the Chinese Government and the
Chinese Communist Party to the Economic and National Security of the United
States, 7 July 2020, https://www.fbi.gov/news/speeches/the-threat-posed-by-the-
chinese-government-and-the-chinese-communist-party-to-the-economic-and-
national-security-of-the-united-states
29
Federal Bureau of Investigation, SAC Letter. No. 61-47. 9/5/61, https://www.
archives.gov/files/research/jfk/releases/docid-32989528.pdf
30
Federal Bureau of Investigation, 67-149000. Inspection—Intelligence Division.
23 October 1973. https://ia902709.us.archive.org/28/items/foia_FBI_Domestic_
Intelligence_Division-HQ-5/FBI_Domestic_Intelligence_Division-HQ-5.pdf
31
Society of Former Special Agents of the FBI, Interview with Former Special
Agent of the FBI Daniel A Grove (1955–1979), 12 November 2009, http://
www.nleomf.org/assets/pdfs/nlem/oral-histories/FBI_Grove_interview.pdf
32
Federal Bureau of Investigation, 67-561. H. L. Child, Jr. to Mr. Tolson. Re:
The Legal Attache Program, 23 May 1969. (O&C file collection.)
33
Federal Bureau of Investigation, 67-149000. Inspection.
34
Society of Former Special Agents of the FBI, Interview with Former Special
Agent of the FBI Daniel A Grove.
35
Federal Bureau of Investigation, 67-149000. Domestic Intelligence Division
Inspection. 17 August–9 September 1971, https://ia802709.us.archive.org/8/
items/foia_FBI_Domestic_Intelligence_Division-HQ-3/FBI_Domestic_
Intelligence_Division-HQ-3.pdf
36
Federal Bureau of Investigation. 67-149000. Inspection.
37
Ibid.
38
Federal Bureau of Investigation, 67-149000. Domestic Intelligence
Division Inspection.
39
Federal Bureau of Investigation, 67-149000. Inspection.
40
Federal Bureau of Investigation. 67-561. H. L. Child, Jr. to Mr. Tolson.
41
Federal Bureau of Investigation. 67-149000. Domestic Intelligence
Division Inspection.
42
Raymond Batvinis, The Origins of FBI Counterintelligence (Lawrence:
University Press of Kansas, 2007), p. 76.
43
Federal Bureau of Investigation, 62-80750 V.P. Keay.
44
Federal Bureau of Investigation, 67-57045. W. M. Felt to Tolson. Inspection—
Domestic Intelligence Division, 20 May 1965. (FOIA release of Joseph Sizoo
personnel file.)
45
Peter Mattis, “A Guide to Chinese Intelligence Operations,” War on the Rocks,
18 August 2015, https://warontherocks.com/2015/08/a-guide-to-chinese-
intelligence-operations/
46
Federal Bureau of Investigation,. 67-57045. W. M. Felt to Tolson. Inspection—
Domestic Intelligence Division.
47
Federal Bureau of Investigation, 100-41353 SAC, Chicago to Director FBI
(100-442715), 15 August 1968. (Pierre Trudeau FOIA release.)
48
Government of Canada, Canada–China Relations, https://www.
canadainternational.gc.ca/china-chine/bilateral_relations_bilaterales/index.
aspx?lang=eng
49
Federal Bureau of Investigation, 67-428100. W. M. Felt to Tolson.
Inspection—Domestic Intelligence Division; Inspector E. S. Miller. 8 January–6
February 1971. 10 February 1971. (FOIA release of C. D. Brennan
personnel file.)
50
Federal Bureau of Investigation, 67-57045. J. K Ponder to Tolson.
Inspection—Domestic Intelligence Division (DID) 17 August–9 September
1971. 27 September 1971. (FOIA release of Joseph Sizoo personnel file.)
51
Federal Bureau of Investigation, 62-116395. Inspection. Domestic Intelligence
Division, 17 August–9 September 1971, https://www.archives.gov/files/research/
jfk/releases/docid-32989638.pdf
52
Ibid.
53
Ibid.
54
Federal Bureau of Investigation, History of the S.I.S. Division, Volume 1.
55
Federal Bureau of Investigation. 67-57045. W. M. Felt to Tolson, 20 May 1965.
Inspection—Domestic Intelligence Division. (FOIA release of Joseph Sizoo
personnel file.)
56
Federal Bureau of Investigation, 67-149000. Intelligence Division Inspection, 23
October–9 November 1973.
57
Federal Bureau of Investigation, 62-116395. Inspection. Domestic
Intelligence Division.
58
Mark Mazzetti, “Turf Battles on Intelligence Pose Test for Spy Chiefs,” New
York Times, 8 June 2009, https://www.nytimes.com/2009/06/09/us/politics/
09intel.html
59
Mark Mazzetti, “White House Sides with C.I.A. in Turf Battle,” New York
Times. 12 November 2009, https://www.nytimes.com/2009/11/13/us/politics/
13intel.html