Expanded CIPA Use Shifts Discovery, Timing for Non-National Security Criminal Cases
In-house counsel for companies facing sanctions, export controls, FCPA or related criminal investigations must account for expanded CIPA application, which introduces procedural hurdles that delay proceedings and restrict access to relevant evidence.
Once limited to a small number of national security prosecutions, the Classified Information Procedures Act (CIPA) is now increasingly invoked in non-security criminal cases including sanctions and tariff evasion, export controls violations, narcotics trafficking, and Foreign Corrupt Practices Act (FCPA) matters. This shift adds significant complexity to criminal proceedings, as CIPA rules govern if, when, and how classified information can be introduced as evidence, while also imposing strict timelines for discovery disputes related to classified material. In-house counsel for companies operating in regulated sectors should work with outside litigation counsel to develop early CIPA response protocols, assess potential classified evidence exposure during internal investigations, and build trial strategies that account for CIPA’s evidentiary and timing restrictions.