Dm B7 Sec Fdr- Entire Contents- Sec Responses To Document Requests 381

UNITED STATES

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SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 2O549

OFFICE OF THE GENERAL COUNSEL.

November 17,2003 BY HAND DELIVERY Douglas Greenburg National Commission on Terrorist Attacks Upon the United States 301 7th St. SW, Room 5125 Washington, DC 20407 Dear Mr. Greenburg: Enclosed are the attachments to the German, French, and Hong Kong reports that you requested in your November 13, 2003 email. With respect to the other items in your November 13 email, I am writing to confirm the steps that we have taken or are in the process of taking and that we discussed earlier today. First, you asked us to confirm that we have no additional memos or other reports of interviews. We are not aware of any additional memos or reports. However, we have handwritten notes that were never summarized in memos and reports. We understand that you will notify us if you are interested in receiving any of those notes. Second, you asked if any of the foreign reports were supplemented and asked for any correspondence that might relate to the existence of further reports. Although we have not found any supplemental reports, in reviewing our files for any correspondence that may relate to reports, we have found some correspondence that may be relevant. We are contacting foreign regulators to obtain permission to release that correspondence. Third, you asked about the status of reports from the United Kingdom and Italy. We have now received permission to show those to you at the SEC (along with the report from Japan). I can make arrangements to show those to you at any time this week. Thank you for your assistance in this matter. Please do not hesitate to contact me if you would like to discuss this matter further. Very truly yours,

Melinda Hardy Assistant General Counsel 202-942-0877 Enclosures

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 2O549 OFFICE OF THE GENERAL COUNSEL

November 4, 2003 BY HAND DELIVERY Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, D.C. 20407 Re:

SEC Document Request No. 2

Dear Mr. Marcus: Enclosed are copies of documents (including a CD containing the MaST database) responsive to the 9-11 Commission's second document request to the Securities and Exchange Commission. As we discussed, with respect to your request for written reports or summaries from foreign government agencies, most of the responsive materials are enclosed. Included with this group of materials is a letter from the Australian Securities & Investments Commission ("ASIC") authorizing us to produce responsive materials and requesting that we forward ASIC's letter to you. Responsive documents from three countries are not enclosed. We have agreed to make documents from one of those countries (Japan) available for you to review at our office at your convenience. We are still awaiting final responses from two other countries (the United Kingdom and Italy); as we discussed, we are hopeful that we will soon be able to make responsive documents from these countries available for your review. Sincerely,

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Melinda Hardy Assistant General Counsel Enclosures

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UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C- 2O549 OFFICE OF THE GENERAL COUNSEL

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October 22, 2003

Via Facsimile and Mail (202) 296-5545 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Dear Mr. Marcus: I am writing to follow up on your letter of October 16, 2003, and to confirm my understanding of the approach that the Commission staff will be taking regarding the matter addressed in the letter (Item No. 2 of SEC Document Request No. 2). As discussed with Doug Greenburg of your staff, we are in the process of asking the foreign regulators from whom we received reports to authorize us to disclose those reports to you. The staff of the Commission's Office of International Affairs is advising the foreign regulators that if they do not object by October 24, 2003, SEC staff will provide the requested materials to the 9-11 Commission. It is possible, of course, that foreign regulators will want further information regarding the 9-11 Commission or will propose terms or circumstances for disclosure of their documents to the Commission. We will keep Mr. Greenburg abreast of any such developments and will seek to resolve any objections promptly. We appreciate the efforts of you and your staff to seek a constructive approach to resolving this matter consistent with the various important policy objectives that must be taken into account. Please do not hesitate to contact me at (202) 942-0900 if you should have any questions or would like to discuss this matter further. Sincerely yours,

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Doug Greenburg Counsel, National Commission on Terrorist Attacks Ethiopis Tafara Director, SEC Office of International Affairs

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UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 2OS49 Orvvst OF THE COUNSEL

October 15, 2003

Via Facsimile and Mail Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th St. SW, Room 5125 Washington, DC 20407 202-296-5545 (facsimile) Dear Mr. Marcus: I am writing to memorialize a telephone call I had with Doug Greenburg on 10 October 2003. Staff from the Securities and Exchange Commission's ("SEC") Office of International Affairs were also on the telephone call. That telephone call concerned your 26 September 2003 request for documents relating to the investigation by the SEC into trading activity potentially designed to profit from, or avoid losses from, the 11 September terrorist attacks ("SEC Document Request No. 2"). Specifically, you asked for information received from any foreign government agency or entity. A review of our files revealed that information responsive to SEC Document Request No. 2 includes non-public information we received from foreign securities authorities pursuant to our bilateral Memoranda of Understanding and other information-sharing arrangements. As we discussed with Mr. Greenburg, we requested non-public information from foreign securities authorities pursuant to these MOUs, which have standard provisions on use and confidentiality of information (see MOUs previously sent to Mr. Greenburg). Non-public information provided to us under these MOUs is generally subject to Imitations on disclosure in the jurisdiction of the requested authority. In this regard, the foreign securities authorities provide non-public information to us with the understanding that the information's use would be limited to enforcing the federal statutes administered by the SEC (e.g., bringing civil and administrative proceedings, and assisting in a criminal prosecution of securities related offenses). If the information is used for any other purpose., we are obliged pursuant to the MOUs to "inform the [foreign securities authority] of (the SEC's] intention and provide the [foreign securities authority] the opportunity to oppose such use." (See, for example, Clause 7 of the MOU with the Australian Securities Commission; Section 5 of the MOU with the German Bundesaufsichtsamt fur den Wertpapierhandel; and Part V of the MOU with the UK Securities and Investments Board.)

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At the time we made our requests for assistance to the foreign securities authorities, the National Commission on Terrorist Attacks Upon the United States ("NCTA") had not yet been created, and our requests did not contemplate that the information would be used for the purposes set out in the NCTA's mandate. We are under an obligation to inform the foreign securities authorities of the NCTA's request and seek their consent under the MOU prior to any disclosure of the information. We understand the critical need for the NCTA to have this information, and anticipate that our counterparts will appreciate the importance of the NCTA's investigation. We propose to obtain their consent as expeditiously as possible. This process also will enable us to honor our commitments and to preserve our relationship with our counterparts so that we can continue to obtain effective and prompt cooperation in connection with the investigation and prosecution of violations of the federal securities laws. Please do not hesitate to contact me if you would like to discuss this matter further. We will be in touch with you to update you on the progress of our discussions with our foreign counterparts. Very truly yours,

Melinda Hardy Assistant General Counsel 202-942-0877 cc:

Doug Greenburg Ethiopis Tafara Director, SEC Office of International Affairs

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 2O549 OFFICE OF THE GENERAL COUNSEL

July 30, 2003 BY HAND DELIVERY Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, D.C. 20407 Re:

Securities and Exchange Commission

Dear Mr. Marcus: Enclosed is a copy of the document responsive to the 9/11 Commission's access request to the Securities and Exchange Commission ("SEC"). The responsive document is an Information Memorandum, dated May 15, 2002, from the Division of Enforcement to the SEC Chairman and Commissioners with Exhibits A through F. The Information Memorandum contains a list of the exhibits. Sincerely,

Richard M. Humes Associate General Counsel

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John Knepper, DOJ