Dm B7 State Dept 2 Of 2 Fdr- State Document Requests 1-4

Thomas H Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste MaxOeland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman

DOS DOCUMENT REQUEST NO. 1 The National Commission on Terrorist Attacks Upon the United States (the ^4 "Commission") requests that the Department of State (DOS or the "respondent") r«\provide the Commission with an opportunity to inspect and copy the following 'V /documents no later than July 7,2003 (the "production date"): 1) Memoranda, reports, and summaries received by the Secretary, Deputy Secretary, any Under Secretary, the Assistant Secretary of Economic and Business Affairs, the Assistant Secretary of International Narcotics and Law Enforcement, or the Coordinator for Counterterrorism of the Department, concerning the time period from 1998 to the present:

Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

a) describing or discussing any effort prior to September 20, 2001, to secure cooperation of any foreign government in any effort to analyze, track or disrupt the activities, including financial activities, of Usama bin Laden, al-Qaeda or related groups; b) describing or discussing any actual or contemplated program, policy, or operation prior to September 20, 2001, designed to analyze, track or disrupt the activities, including financial activities, of Usama bin Laden, al-Qaeda or related groups; or c) identifying or discussing known or suspected assets prior to September 20, 2001 of al-Qaeda or Usama bin Laden. 2) All documents received from the National Security Council (NSC) or the Executive Office of the President containing strategy or policy guidance on efforts to analyze, track, or disrupt the financing of terrorist activities or the movement of money in support of terrorist activities or groups, from 1998 to September 20, 2001, and such documents presently in effect. 3) Memoranda, reports and summaries received by the Secretary, Deputy Secretary, any Under Secretary, the Assistant Secretary of Economic and Business Affairs, the Assistant Secretary of International Narcotics and Law Enforcement, or the Coordinator for Counterterrorism of the Department, concerning the time period from 1998 to September 20,2001:

TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

DOS Document Request No. 1 Page 2 a) describing or discussing the cooperation with the United States of any foreign government in analyzing, tracking or disrupting the activities, including financial activities of Usama bin Laden, al-Qaeda or related groups (which would, for financial activities, include claims of assets frozen and statements promising to freeze assets as compared to actual assets frozen); b) describing or evaluating the efforts of any foreign government in analyzing, tracking or disrupting the activities, including financial activities, of Usama bin Laden, al-Qaeda or related groups; or c) summarizing lessons learned and progress made since September 11,2001 in U.S. efforts to analyze, track, or disrupt the activities, including financial activities, of Usama bin Laden, alQaeda, or related groups. 4) Memoranda, reports, and summaries received by the Secretary, Deputy Secretary, any Under Secretary, the Assistant Secretary of Economic and Business Affairs, the Assistant Secretary of International Narcotics and Law Enforcement, or the Coordinator for Counterterrorism of the Department, concerning the time period from 1996 to the present, discussing or describing the means or methods by which Usama bin Laden, al-Qaeda or related groups raise funds, including, without limitation: a) any direct or indirect funding of Usama bin Laden, al-Qaeda or related groups by any foreign government (or persons or entities associated or related to any foreign government); b) the use of informal value transfer systems, such as hawala, for terrorist financing activities or the movement of money in support of terrorist activities or groups; c) the use or potential use of commodities, precious metals or stones, and trade-based value transfer systems for terrorist financing activities or the movement of money in support of terrorist activities or groups; d) the use or potential use of charities or other non-governmental organizations to raise funds for Usama bin Laden, al-Qaeda or related groups; e) direct or indirect funding of al-Qaeda or related groups by any persons located within the United States; or f) the extent to which the financing activities of Usama bin Laden or al-Qaeda are linked or interrelated to the financing activities of any other Islamic extremist group. 5) All documents, concerning the period from 1998 to September 20, 2001: a) evaluating or analyzing the effectiveness of programs or policies of the Department of State specifically, or the U.S. government generally, to analyze, track or disrupt terrorist activities, including terrorist finance, including, but not limited to, all internal inspections reports, inspector general reports, and GAO evaluations;

DOS Document Request No. 1 PageS b) setting forth, describing or interpreting policies and procedures, including Memoranda of Understanding, for cooperation with any local, state, or federal government agency (or between or among components within the Department of State), to analyze, track or disrupt the financing activities of Usama bin Laden, al-Qaeda or related groups; or c) setting forth, describing or interpreting policies and procedures for cooperation with foreign governments or multilateral organizations to analyze, track or disrupt the financing activities of Usama bin Laden, al-Qaeda, or related groups. 6) Memoranda, reports, summaries and administrative records prepared in connection with the designations and re-designations, if any, as a "foreign terrorist organization" (FTO) and/or under Executive Order 13129, 13224, or 12947, as applicable, of the following: a) bin Laden b) al-Qaeda c) Taliban d) Al-Barakaat e) al-Taqua f) Al-Harimain Islamic Foundation g) Global Relief Foundation h) Benevolence International Foundation i) Abu Sayyaf Group (ASG) j) Asbat al Ansar k) Al-Gama'a al-Islamiyya (Islamis Group, IG) 1) Harakat ul-Mujahidin (HUM) m) Islamic Movement of Uzbekistan (IMU) n) Jaish-e-Mohammed (JEM) o) Jemaah Islamiya (JI) p) Al-Jihad (Egyptian Islamic Jihad) q) Lashkar-e-Tayyiba (LT) r) Lashkar I Jhangvi (LJ) s) Salafist Group for Call and Combat (GSPC) 7) If not covered in earlier requests, memoranda, reports and summaries concerning efforts by the U.S. to encourage foreign governments, regional organizations, and multilateral organizations to take action against the entities listed in Item 6(d) - (h) above. 8) If not covered in earlier requests, memoranda, reports, summaries and communications with foreign governments, regional organizations, and multilateral organizations in connection with the designations of Usama bin Laden, al-Qaeda and related groups as an FTO and/or under Executive Order 13129,13224, or 12947, as applicable, and efforts by the U.S. to encourage such foreign governments, regional organizations, and multi-lateral organizations to take similar actions. 9) Memoranda, reports and summaries discussing or assessing the anti-money laundering and anti-terrorist financing laws, regulations, practices or capabilities of Saudi Arabia, Sudan, Somalia, Afghanistan,

DOS Document Request No. 1 Page 4 Bahrain, Egypt, Pakistan, Yemen, UAE, Qatar and Kuwait, from 1998 to September 20, 2001, along with any general analyses of how the laws or practices have been changed by these countries since the 9/11 attacks. This includes assessments done as part of any training or technical assistance proposals. 10) Memoranda, reports and summaries discussing the consideration or implementation of the FATF Special Recommendations on Terrorist Financing in the United States and abroad. 11) If not covered in earlier requests, memoranda, reports and summaries received by the Secretary, Deputy Secretary, any Under Secretary, the Assistant Secretary of Economic and Business Affairs, the Assistant Secretary of International Narcotics and Law Enforcement, or the Coordinator for Counterterrorism of the Department relating to U.N. Security Council resolutions 1373, 1390, and 1455 and preparation of the U.S. report (and any follow-up thereto) to the Counter-Terrorism Committee required by UNSCR 1373. 12) Memoranda, reports and summaries used in preparing the discussion of terrorist financing in the annual Patterns of Global Terrorism for the years 1998 - 2002. 13) Documents summarizing or analyzing distinctions between U.S. designations (FTO, EO 13129, EO 13224, and EO 12947) and designations by foreign governments, regional organizations, and multilateral organizations. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 23, 2003

Daniel Marcus General Counsel

\

S V

^ Thomas H. Kean CHAIR

Lee H Hamilton VICE CHAIR

Richard Ben- Veniste MaxGeland Fred F. Fielding

DOS DOCUMENT REQUEST NO. 2 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of State (DOS or the "respondent") provide the Commission with copies of the following documents no later than July 8, 2003 (the "production date"): 1. All materials provided by the State Department to the Joint Inquiry.

Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer

2. All documents provided by the State Department to the General Accounting Office / in connection with its investigation into the visa process which resulted in the v report: Border Security: Visa Process Should be Strengthened as an Antiterrorism Tool, October 2002, GAO-03-132NI. /

James R. Thompson

3. Copies of all visa applications (not redacted) and any supporting documents, including information contained in computer databases, for all the 9/11 hijackers^

/

Philip D. Zelikow EXECUTIVE DIRECTOR

4. All memoranda having to do with issuance of visas to the 9/11 hijackers. 5. Documents setting forth policy, procedure, evaluation criteria, and findings for the Visa Express Program and any other programs expediting visa processing in force from February 1993 to the present for Riyadh, Jeddah, Berlin, Dubai, and Abu Dhabi posts. ^^ 6. Annual statistical summaries and analyses of visa applications (including for thirdcountry national applicants), average processing times, categories of visas, refusals, and reasons for refusals (statutory provisions) for the period from 1995 r through 2003 for Riyadh, Jeddah, Berlin, Dubai, and Abu Dhabi posts. ^ 7. Annual Reports of the Visa Office, and worldwide summary consular packages for the period 1990-2003. .— : 8. Documents setting forth the State Department's budget requests overall and for Consular Affairs, Diplomatic Security, and Intelligence and Research (INR), and the amounts appropriated by Congress and signed into law by the President for those entities for fiscal years 1998-2004. 9. Documents describing the State Department's Border Security Program for th period fiscal years 1995-2004, including resources devoted to the program, clearance processes, and automated consular system support.

TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

DOS Document Request No. 2 Page 2 ;

10. Documents memorializing establishment and subsequent fee revisions of the machine readable visa (MRV) program, MRV fee, and related automation.

J"""

11. Memoranda to "7th Floor" principals, for the period 1993 to 2003, discussing policy priorities guidancev with respect to the issuance of visas, generally; the visa waiver policy; or visa and migration issues in relations with the following countries: Afghanistan, Egypt, Iran, Iraq, Malaysia, Pakistan, Qatar, Saudi .„ Arabia, and Yemen. J 12. Documents, including memoranda, cables, and portions of the Foreign Affairs Manual setting forth the, procedures to be followed and the amount and kind of evidence needed to deny a visa on terrorism grounds under the Immigration and Nationality Act (INA), as amended, from 1998 to 2003. --*• /-/• , t . 13. Documents issued since the inception of the Visa Waiver Program at the level of Assistant Secretary or above setting forth policy and procedures on the implementation of the program and any subsequent modifications to it.

f

T*

14. Policy guidance sent to posts after 9/11/01 setting forth changes to visa and refugee policy and procedures as a result of the events of 9/11/01. 15. All blank visa anoVrefugee application)forms used by posts and instructions to the field introduced after 9/11/01. 16. Documents describing efforts by State, alone or on an interagency basis, since 9/11/01, to reassess visas issued prior to 9/11/01 in order to determine whether any such visas had been issued to terronst-a/fili aliens. 17. Documents summarizing training initiatives or briefings for consular officers instituted after 9/11/01 Q counterterrorism, document fraud, and the CLASS system. 18. Documents setting forth policies and procedures implementing the Enhanced Border Security and. Visa Entry Reform Act of 2002. /^V^L 19. Documents, including telegrams to the field, to and from officials at the level of Assistant Secretary or above setting forth policy and procedure statements regarding the visa referral program since 1998. x*-

The Commission requests that the documents requested above be provided as soon as they are available,' even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding.

DOS Document Request No. 2 Page 3 If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 24,2003

Daniel Marcus General Counsel

FOR OFFICIAL USE ONLY Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorelick

DOS DOCUMENT REQUEST No. 3

-V

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of State (DOS or the "respondent") provide the Commission with copies of the following items no later than July 16, 2003 (the "production date"). The Commission requests that the respondent inform the Commission promptly if the production date poses a problem for certain categories of documents and meet promptly with the Commission staff to set a schedule for the production of those documents.

Slade Gorton

ITEMS REQUESTED John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

1. Substantive policy memoranda, briefing packages, guidance documents, or meeting notes/minutes going to or coming from the Secretary of State, the Deputy Secretary of State, or the Under Secretary for Political Affairs, from January 1, 1998 through September 20, 2001, related either wholly or in part to Usama bin Laden (UBL), al Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance), and/orgeneraj^counterterrons -policy^ This would include cables from Embassies Borm7 Isiafnabad, Khartoum, Nairobi, Riyadh, Sanaa and Amman regarding UBL, al Qa'ida and/or Afghanistan (including the Taliban and/or the Northern Alliance) that were distributed to the Secretary of State or the Deputy Secretary of State. 2. DOS communications, including those by Assistant Secretaries of State, U.S. ambassadors, or their staffs, with Taliban representatives, even if conducted through third parties such as other governments, groups or organizations (including corporate entities), from January 1, 1998 through September 20, 2001. 3. DOS communications, including those by Assistant Secretaries of State, U.S. ambassadors, or their staffs, with the Pakistani and/or Saudi governments relating to UBL, al Qa'ida and/or the Taliban, including requests that these countries discuss UBL and/or al Qa'ida with the Taliban, from January 1, 1998 through September 20, 2001. 4. DOS communications with Pakistan's Inter-Services Intelligence Directorate (ISJJD, a.k.a. ISI), from January 1, 1998 through September 20, 2001, including those by Assistant Secretaries of State, US ambassadors, or their staffs, and all September 2001 meetings between IS ID Chief Mahmoud Ahmad and Secretary Powell or Deputy Secretary Armitage. TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

5. Records of Washington meetings between White House or DOS personnel and Pakistani Prime Minister Nawaz Sharif or his staff occurring in December 1998 and July 1999. 6. Records from Deputy Secretary Armitage and Cofer Black's trip to Russia, circa September 18, 2001. 7. Information prepared or communicated by DOS staff for the Bush-Cheney Transition Team or incoming Bush-Cheney officials or staff in connection with UBL, al Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance) and/or USG counterterrorism policy. The Commission requests that the items described above be provided as soon as they are available, even though all requested items may not be provided at the same time, through means of a "rolling" production. If any requested items are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such items or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested items but has information about where such items may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date.

July 2, 2003

Daniel Marcus General Counsel

FOR OFFICIAL USE ONLY

sicw ON jv.

DOS DOCUMENT REQUEST NO. 4 Thomas H. Kean CHAIR

Lee H Hamilton VICE CHAIR

Richard Ben-Veniste MaxQeland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of State (DOS or the "respondent") provide the Commission with copies of the following documents no later than August 8, 2003 (the "production date"): 1. State OIG Investigations. a. Documents created and collected pursuant to the State OIG investigation of the issuance of visas to the nineteen September 11 hijackers in response to a request from Rep. Frank Wolf (OIG Review of NIVIssuance Policy and Procedures Memorandum, ISP-I-03-26, December 2002, and Review of the Issuance of Visas, ISP-CA-03-27, March 2003), including: interview notes and reports; documents collected at posts and at the State Department facilities in the Washington, D.C. metropolitan area on visa policies and procedures; the list of questions asked of the consular officers; and congressional correspondence relating to the report. b. Documents created and collected pursuant to the State OIG investigation of the issuance of visas to Sheik Omar Abdel Rahman (OIG Review of the VisaIssuing Process Phase I: Circumstances Surrounding the Issuance of Visas to Sheik Omar All Ahmed Abdel Rahman 4-CI-007 March 1994), including: interview notes and reports; documents collected at posts, at the State Department facilities in the Washington, D.C. metropolitan area, and from other agencies, and congressional correspondence relating to the report. c. Compliance Reports prepared in connection with OIG reviews of the issuance of non-immigrant visas for the period from 1994 through 2003. d. Inspector General semi-annual reports to Congress for the period from 1994 through 2003. 2. State - White House Border Policy in Response to September 11. Regarding border security, border policy and controls, border security arrangements with Mexico and Canada, passport, visa, and refugee security reviews and clearance matters arising out of the events of September 11,2001: a. State Department records of meetings held in the White House from September 11 through September 20, 2001, attended by State Department officials, to discuss immigration and border security issues arising out of the September 11 attacks, and a list of Departmental personnel who attended those meetings and were responsible for follow-up to those meetings; b. State Department records describing the current policies concerning those matters raised in these White House meetings; and c. Communications from the Secretary of State to the President or the National Security Adviser or the heads of the Office of Homeland Security or the Homeland Security Council, discussing proposed and implemented measures concerning these matters, from September 11, 2001 through September 20,2001. TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-1 lcommission.gov

DOS Document Request No. 4 Page 2 3. State Department Consular Reference Materials. a. Best Practices Handbook. A copy of the State Department's Best Practices Handbook, 2000 edition, including subsequent updates; b. Consular Management Handbook, 2000 edition, including subsequent updates; c. Appendix A (Classified) to the Visa FAM, 2000 edition, including subsequent updates; d. Standard Operating Procedures. SOP's concerning clearances, security advisory opinions, and terrorism-related determinations included in cables to posts, from 1998 through 2003; and e. INS Forms. Guidance to posts concerning how to make use in the visa process of INS routine reports on aliens who have changed status or have been found to be inadmissible aliens at ports of entry, from 1998 through 2003. 4. Policy memoranda. Policy memoranda concerning border security matters (visas, passports, related arrangements with Canada and Mexico, migration, refugee/asylee issues) relating to terrorism and alien smuggling, including follow-up to PDD-39, PDD62, and HSPD-2, from the Secretary of State or the Deputy Secretary of State to Assistant Secretaries of State (a) from 1993 through September 20, 2001, and (b) sufficient to show current policies and proposed policies under consideration. 5. Secretary of State - Justice/Homeland Security. Documents, including legal analyses, sufficient to describe the allocation of authority over visas and visa security advisory opinions among the Secretary of State, the Department of Homeland Security, and the Department of Justice (a) on September 11, 2001, and (b) currently. 6. Intelligence Community. Policy correspondence concerning intelligence, information sharing, and visa security clearances relating to terrorism, alien smuggling, travel document fraud, and border security and controls, from 1995 to the present: a. from the Secretary of State, the Deputy Secretary of State, or any Under Secretary to counterparts at: the Department of Defense and its intelligence agencies; the Director of Central Intelligence and the CIA; the Department of Justice and its agencies; the Department of Homeland Security and its agencies; and the Department of the Treasury and its agencies; and b. from the Assistant Secretaries of INR, CA, and INL, and the Coordinator for Counterterrorism (S/CT), to counterparts at the CIA, the Department of Defense and its agencies, the Department of Justice and its agencies, the Department of the Treasury and its agencies, and the Department of Homeland Security and its agencies. 7. Congress. An index or indices of correspondence to or from Members of Congress concerning border security and control in relation to terrorist entry, alien smuggling, or travel document fraud (excluding correspondence exclusively about individual cases), from 1995 to the present: a. signed by the Secretary of State, Deputy Secretary of State, or any Under Secretary; b. signed by the Assistant Secretary for Consular Affairs; or c. signed by the Assistant Secretary for Legislative Affairs.

DOS Document Request No. 4 PageS

8. Congressionally Required Reports. a. A list of reports prepared for Congress that are required by statutes, or by conference or committee reports, addressing border security or control matters (including visas and passports, and handling of refugees/asylees) that relate to terrorist entry, alien smuggling, and travel document fraud (classified and unclassified), from 1995 to the present; and b. Copies of the congressionally required reports concerning denials of visas on terrorism/security grounds, including any classified supplements with individualized information. 9. Analyses. Legal analyses prepared at the State Department concerning: authority and standards for watchlisting individuals associated with terrorism; authority to gain cooperation from intelligence and law enforcement agencies on watchlist information; interagency sharing of watchlist information; harmonization of U.S. and Canadian visa and/or entry requirements; the use of U.S. passports to enter the U.S. from Mexico and/or Canada; and standards for revoking of visas, from 1993 through 2003. 10. Refugee/Asylee Security Review Process. Documents sufficient to describe: a. the security review and clearance process for asylees and refugees from 1998 through September 11, 2001; b. new security requirements in the immigration process for refugees and asylees imposed since September 11, 2001; c. the number of asylee and refugee applicants and the number who have been barred on terrorist-related grounds from 2000 to the present; and d. the number of asylee and refugee applicants for whom security reviews are currently pending. 11. Watchlists. Agreements among DOS and other government agencies regarding information sharing on terrorist watchlists, from 1991 through 2003. 12. Alien Smuggling. Intelligence assessments prepared by INR that linked alien smuggling, migration, or transnational refugee and asylee movements with terrorists, from 1996 through 2003. 13. TIPOFF. The following information on the TIPOFF program: a. the number of entries in TIPOFF by year, from its inception as a computerized system to the present, with 6 month total numbers for 2001, 2002, and 2003; b. the total number of entries submitted by source agency, by year, from 1998 to the present; c. the total number of true hits (matches of visa applicants and watchlisted individuals) identified for years 1993 through 2003, the number of visas denied based on these matches, and the reasons for these denials; and d. the TIPOFF entries (names, aliases, date of birth, place of birth, passport number, passport country) for all TIPOFF true hits for Islamic extremist terrorists generally, and al Qa'ida specifically, from 1993 to the present, indicating those to whom visas

DOS Document Request No. 4 Page 4 were issued or denied, or issued through a waiver of ineligibility, and the post of application. 14. Supplemental clearances. a. documents (classified and unclassified) stating the legal authority, requirements and procedures for the supplemental visa clearance processes (a) for males of specified countries and age groups, instituted after September 11, 2001, and (b) for sensitive technology-related visas; b. the number of clearances sought through each process to date; c. the number of individuals found ineligible or to whom a visa was denied through each process, who were not already listed in TIPOFF, by agency providing the clearance or derogatory information; d. for those denied, the names, aliases, dates of birth, countries of origin and nationality, passport number, visa classification, date and place of issue, and the reasons for the denials, with an indication of which clearance process resulted in the bar and/or whether a waiver of ineligibility was sought or obtained; and e. memoranda reporting on the evaluation and associated recommendations concerning the supplemental visa security review process instituted after September 11, 2001, and still in effect. 15. ICAO. Documents sufficient to describe the U.S. government position on machinereadable travel documents and biometrics, associated with ICAO meetings, from 1998 to the present. 16. G-8. Documents sufficient to describe U.S. positions concerning border security or control issues (visas, passports, biometrics, migration, refugees/asylees, alien smuggling, travel document fraud) at the G-8 meetings, from 1998 through 2003. 17. IOM. Documents sufficient to describe U.S. positions on any discussions in the International Organization for Migration concerning terrorist mobility, from 1998 through 2003. 18. Diversity Program. Any memoranda or telegrams concerning the relationship between fraud or other vulnerabilities in the Diversity Program and terrorist entry to the U.S., from 1998 to the present. 19. Foreign Government Visa Policies. Any analyses of foreign government visa policies and their impact on terrorist mobility, e.g., Malaysia's policy of admitting Muslims without visas and various island nations' citizenship purchase policies, from 1996 to the present. 20. Annual Post Fraud Reports. Annual reports on fraud in the visa process sent from Berlin, Abu Dhabi, Dubai, Jeddah, Riyadh, Karachi, Islamabad, Cairo, Amman, Ankara and Istanbul from 1998 to the present.

DOS Document Request No. 4 PageS 21. Diplomatic Security and/or Consular Affairs. a. copies of Diplomatic Security or Consular Affairs alerts issued from 1998 to the present concerning passport and visa fraud, including alerts concerning access by terrorists to blank passports or fraudulent visas; b. an index of reviews carried out by Consular Management Assessment Teams or their predecessors to assess post consular vulnerabilities, 1998 to present; c. Diplomatic Security reporting relating to Islamic extremist terrorist threats against individuals, groups or sites in the United States sent to Washington by the field, from August 7, 1998 through September 11, 2001; d. copies of foreign airport in-transit reports of Islamic extremist terrorists apprehended with fraudulent travel documents, from 1998 to the present; e. analytic products that discuss the use of fraudulently obtained birth records and drivers licenses in acquiring visas and passports, from 1998 to the present; f. analytic products that discuss the link between passport and visa fraud and terrorist entry to the U.S.; g. annual arrests, referrals for prosecution (federal or state), declinations, and case results, resulting from investigations of passport and visa fraud, noting any involving Islamic extremists, from 1998 to the present; and h. information concerning Diplomatic Security's current mission with respect to preventing terrorist entry to the U.S. and resources dedicated to it. 22. Doha Visa Fraud. Summary report of the results of the investigation into alleged visa fraud at the U.S. Embassy in Doha, Qatar, referred to as "Operation Eagle Strike," including: a. the names, dates of birth, passport country, passport and visa numbers of individuals issued the fraudulent visas, and immigration status of each; b. the manner in which the visas were acquired; c. names and positions of those taken into custody, in connection with the provision or acquisition of the visas; d. whether any of the persons sought had terrorist affiliations, the nature of those affiliations; e. current status of any cases; f. results of the investigation into the employees who processed visa applications during the time of the fraud; and g. any disciplinary or other actions taken as a result of the investigation. 23. Ambassador, DCM, and Principal Officers. Provide the names of the Ambassadors or charge d'affaires, the Deputy Chiefs of Mission, the Principal Officers and the Consular Section Chiefs for the period January 1, 1999 through the present, for posts in Egypt, Saudi Arabia, United Arab Emirates, Pakistan, and Germany. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production.

DOS Document Request No. 4 Page 6 If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. July 25, 2003

Daniel Marcus General Counsel