T2 B1 Canada Trip 3 Of 3 Fdr- Table Of Contents And Tab 3- Questions And Handwritten Notes 898

CONTENTS

Travel and Hotel Itinerary

1 Meeting Schedule and Bios

2 Questions

Family Questions for Commission^

Miscellaneous

8

FBI Legat Personnel in Ottawa Outline of Areas of Interest to Team 6

I. II.

III.

Background on Commission Background on interviewee, including: education, work experience prior to joining the FBI, and assignments at the FBI. Liaison responsibilities A.

What is their assigned territory?

B.

How often are they able to meet with their foreign intelligence and law enforcement counterparts?

C.

To what extent is their role one of liaison, and who are their primary liaison contacts?

D.

Their role in coordinating U.S.-based FBI agents' investigations in their territory, and any difficulties they have encountered in this regard.

E.

Relationship with other U.S. Government agencies and personnel outside of Canada

F. 9/11 Closed by Statute

G. H.

IV.

V.

Are there any formal arrangements for coordination between your unit/office and any outside agencies or offices? Please describe.

Resource Allocation A.

What is their annual funding level for liaison expenses, and is it adequate to cover their expenses?

B.

Do they have adequate agent and non-agent personnel? How many nonagent personnel do they have assigned to the Legat, and is it sufficient?

Information Sharing/Dissemination A.

Please describe the process through which your office shares information with outside entities.

B.

How they handle requests for information from other U.S. Government Embassy personnel; their authority and ability to provide FBI information directly to other U.S. Government agency personnel at the Embassy

VI.

VII.

C.

How they handle requests for information from CSIS, RCMP, or other Canadian government officials;

D.

Their authority and ability to provide FBI information directly to CSIS, RCMP, or other Canadian Government officials

E.

What priority is placed within your office and the FBI on sharing information on a timely basis, and responding to requests for information.

Information Access A.

Who at the FBI tasks them to request information from CSIS, RCMP and other Canadian Governmental organizations.

B.

What is their ability to task and receive information in a timely fashion from CSIS, RCMP and other Canadian government officials.

C.

To what extent do you receive information, intelligence, and/or guidance from outside entities? Please describe the process through which the information is shared and how you and your office process the information shared.

Operational Involvement and Coordination

A.

To what extent are they permitted by the MIOG, the Attorney General or other statutory guidelines to engage in intelligence collection or actual investigation in Canada.

B.

What MOUs and official agreements govern their relationship with CSIS, the RCMP, and other Canadian Government entities.

C.

9/11 Closed by Statute

descnbe the Legat's role in this process and any legal or policy guidelines that you have to follow.

D.

Are they participating in aspects of any operations with either CSIS or the RCMP. If so, please describe your role in this process and any legal or policy guidelines that you have to follow.

E.

Have there been any changes in the way you and your office have collaborated with other agencies over the past couple of years?

F.

In what ways do you feel the collaboration has been particularly effective? In your judgment, how could the collaboration and information sharing with outside agencies be improved upon? What obstacles do you perceive to making these improvements?

VIII. Legal and policy changes A.

How the changes in the Patriot Act have impacted their work, if at all.

B. IX.

X.

XI.

XII.

How the changes in the Attorney General Guidelines have impacted their work, if at all.

The separation of the RCMP and CSIS A.

Their perspective on the benefits and downsides to having CSIS and RCMP as separate agencies.

B.

Differences in dealing with RCMP and CSIS, including their willingness to share information and coordinate investigations with the FBI.

Information Technology Issues A.

Information flow within the FBI, and your ability to access all relevant FBI intelligence on a timely basis.

B.

The current state of the FBI's information technology, and how this affects your work.

C.

Your access to relevant Intelligence Community information and other intelligence on a timely basis.

D.

Please describe the extent of your direct access to the data bases of outside law enforcement or other Intelligence Community databases. Are you able to submit specific requests for intelligence to other agencies? Have you ever done this? Please describe.

Relationship with FBI HQ and FBI Field Offices A.

The role of and interaction with FBI Headquarters and with FBI field offices.

B.

The FBI's policies and procedures on what matters they have to coordinate with FBIHQ, and on what matters they are allowed to deal directly with the field offices.

Counterterrorism Strategy A.

Among all of the responsibilities you have, where do counterterrorism responsibilities rank in priority? What percentage of your time is spent on counterterrorism?

B.

During your tenure at the FBI, have you detected a shift in emphasis on counterterrorism?

C.

How has your office's actual approach to counterterrorism changed? When did it change? Is it changing still? Did a shift in resources (personnel, technology, etc.) accompany the shift in strategy?

D.

In your estimation, were the changes necessary and substantive? Has the increased emphasis on counterterrorism changed the way in which you

have worked? Please describe in detail the specific ways in which your work has changed as a result of the shift in strategy. E.

To what extent do you and/or your office have input on developing the FBI's counterterrorism strategy? What is the process for providing your input?

F.

Who within your office allocates resources and determines priorities for accommodating or implementing changes to the FBI's counterterrorism strategy? Is there a formal process for setting goals and objectives with respect to achieving an effective counterterrorism strategy?

G.

What discretion does your office have in shifting strategy, priorities, and resources? To what extent is your office's investigations and priorities determined by Headquarters?

H.

How often does your office's approach to counterterrorism get reevaluated?

I.

How does your office measure the effectiveness of your counterterrorism strategy? For example, how do you know if what you're trying to do is the most effective approach to counterterrorism? Is there a formal process for evaluation?

J.

In your view, has the new emphasis on counterterrorism negatively impact the other priorities of the FBI? In what ways? In your view, is the emphasis on counterterrorism appropriate, or is it being over- or underemphasized relative to other priorities?

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PCO's Deputy Intelligence Coordinator > Who has the responsibility, authority, and accountability for counterterrorism in the Canadian government in general and Canadian intelligence in particular?

> Is there is a single person with complete control (including budgetary execution) over Canadian intelligence?

Does GOC have an overall strategy for counterterrorism?

> What Canadian governmental entities are involved in counterterrorism, and how is interagency coordination accomplished? Which are responsible for intelligence on terrorism?

> Why did Canada separate law enforcement from domestic intelligence?

> Who is responsible for warning on terrorism?

> Is Canadian intelligence a "learning organization?"

Does the rise of transnational threats such as terrorism and proliferation necessitate fundamental changes in government organization and functioning?

What is the nature of Canadian intelligence's liaison relationship with the U.S.?

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Canadian Customs and Revenue Agency > Who in the Canadian government is responsible for eradicating terrorist financing, and what is the Agency's role and strategy for this?

> What is the Agency's strategy for border security, and how does the Agency balance border security with the need to ensure efficient transit of cargo?

How does the Agency cooperate with other parts of the Canadian government and particularly Canadian intelligence - concerning counterterrorism?

How does the Agency cooperate with U.S. government institutions such as the Customs Service? > How does the Agency interact with the private sector, both U.S. and Canadian?

UNCLASSIFIED / COMMISSION SENSITIVE

UNCLASSIFIED / COMMISSION SENSITIVE Questions for Canadian Governmental Entities PCO's Intelligence Coordinator (Oversight) > What is the mechanism by which the Prime Minister sets priorities for Canadian intelligence, and how often are those priorities updated?

> How does the Prime Minister conduct oversight of Canadian intelligence?

How does the Prime Minister ensure that Canadian intelligence is devoting resources to the Prime Minister's priorities? How does Canadian intelligence perform strategic and tactical warning? What does the political leadership consider to be reasonable expectations regarding Canadian intelligence's performance? How are relations between Canadian intelligence and Parliamentary overseers handled? > Does Canadian intelligence conduct lessons-learned? > Issues with privacy and civil liberties?

UNCLASSIFIED / COMMISSION SENSITIVE

UNCLASSIFIED / COMMISSION SENSITIVE Questions for Canadian Governmental Entities •

Department of Finance 1.

To what extent, if any, is Al Qaeda raising funds in Canada today? Has this fundraising decreased/increased since 9/11? Why or why not?

2.

Before 9/11 how much of a focus on terrorist financing was there at the Department of Finance? a. Specific entities or programs dedicated to terror finance (either in Finance or elsewhere)? b. Examples of specific pre-9/11 disruptions/prosecutions regarding terrorist finance?

3.

Since 9/11 what has changed with respect to counter-terrorist financing efforts?

4.

Pre 9/11 was the Department of Finance involved in the process to set counter terrorist policy? Post 9/11?

5.

What is the process by which Canada can freeze assets of a terrorist entity? a. Level of proof necessary? b. Ability to use classified information? c. Any legal challenges? d. What is your view of the US process to designate entities for asset freezes?

6.

What legal tools exist in Canada to ensure that its financial system is not used to move terrorist funds? a. How does Canada regulate charities to prevent the funding of terrorist organizations? Mosques? b. How does Canada regulate hawala and other informal value transfer mechanisms?

7.

Does the Department of Finance believe international efforts to stem terrorist financing, such as through FATF, Egmont Group, UN Counter-Terrorism Committee etc., are effective? How can they be improved?

8.

Are you satisfied with the level of cooperation between the USG and Canada on counter-terrorist financing? a. What can the US do to make it easier for you to cooperate with the US in tracking or disrupting terrorist financing?

UNCLASSIFIED / COMMISSION SENSITIVE

UNCLASSIFIED / COMMISSION SENSITIVE Questions for Canadian Governmental Entities

CSE > How is CSE tasked, and how does CSE balance between defense and 'national' priorities?

> What priority is counterterrorism for CSE?

> Who conducts all-sources analysis using information acquired by CSE? What is the relationship between CSE and other parts of the Canadian government such as Canadian intelligence? > How is CSE responding to the increasing complexity and multiplicity of telecommunications media? > How does CSE cooperate with the U.S. and other partners? > What laws govern CSE operations domestically? Information sharing with provincial and local authorities.

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Dept. of National Defense > What is DND's role in Canada's counterterrorist activities?

Are there limitations on DND's role domestically that are akin to the U.S. posse commitatus act, which limits the U.S. Department of Defense's role in domestic law enforcement?

Does the DND conduct its own analysis of counterterrorism-related intelligence information?

Is the DND's focus solely on force protection, or does it have a more 'national' focus as well?

> What is DND's relationship to U.S. DOD and NORAD and NORTHCOM and DHS vis-a-vis the counterterrorism mission?

> What is DND's role in the warning process? > Relationship to the provinces?

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UNCLASSIFIED / COMMISSION SENSITIVE Questions for Canadian Governmental Entities CSIS > Why did Canada separate law enforcement from domestic intelligence?

> What priority is counterterrorism for CSIS?

> Does CSIS have a strategy for counterterrorism?

> Who conducts "all-source" strategic intelligence analysis concerning terrorism, and does counterterrorism analysis require a distinct tradecraft?

> How does CSIS conduct warning on terrorism?

> What is CSIS's relationship to policymakers?

> What is CSIS's relationship with the RCMP and with the rest of the Canadian national government?

> What is CSIS's relationship to non-national governmental entities?

> What is the nature of CSIS's cooperation with U.S. intelligence? > Any connection/relation to provincial and local governments?

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RCMP > Why did Canada separate law enforcement from domestic intelligence?

> What priority is counterterrorism for the RCMP?

> Does the RCMP have a strategy for counterterrorism?

Does the RCMP conduct strategic analysis, and if so, how? What is the history of the RCMP's intelligence unit, including why the RCMP recently reconstituted it?

What is RCMP's relationship with CSIS and with the rest of the Canadian national government?

In the U.S., there is a debate about whether the FBI's law enforcement culture and posture can be changed to a more prevention-oriented culture; does the RCMP face similar questions regarding its law-enforcement-oriented culture?

> What is the RCMP's relationship to non-national governmental entities?

> What is the nature of the RCMP's cooperation with U.S. law enforcement?

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Security Intelligence Review Committee > What is the Committee's jurisdiction and history, and what are the rules for membership? What staff support does the Committee receive?

> How does the Committee relate to other committees with jurisdiction over parts of the Canadian government concerned with national and homeland security?

What are the mechanisms by which the Committee conducts oversight of the Canadian intelligence apparatus? > What influence does the Committee have over Canadian intelligence's counterterrorism activities? How is the effectiveness of Parliamentary oversight of intelligence measured?

UNCLASSIFIED / COMMISSION SENSITIVE

UNCLASSIFIED / COMMISSION SENSITIVE Questions for Canadian Governmental Entities •

Foreign Affairs (Security and Intelligence Bureau) > Does Foreign Affairs conduct its own strategic analysis of terrorism?

Does Foreign Affairs task Canadian intelligence for support, and how does it evaluate the support it receives?

Do diplomats collect information for other government agencies? What is Foreign Affairs' role in warning on terrorism? Does Foreign Affairs have a relationship with the U.S. State Department's Bureau of Intelligence and Research and/or Ambassador-at-Large for Counterterrorism?

UNCLASSIFIED / COMMISSION SENSITIVE

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Canadian Immigration and Citizenship > Please provide an overview of Canadian immigration programs that are the most likely portals for terrorists to enter Canada.

Does Canada have a terrorist watchlist, and what is that watchlist's relationship to the U.S. government's watchlist?

> What is your relationship with CSIS and the RCMP?

> What is the nature of your relationship with the U.S. Dept. of Homeland Security on immigration issues?

Is law enforcement allowed to investigate immigration violations, or are law enforcement and immigration enforcement kept separate - as in the U.S.?

UNCLASSIFIED / COMMISSION SENSITIVE

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