T5 B24 Copies Of Doc Requests 1 Of 3 Fdr- Entire Contents- Dos Doc Requests- Responses- Indexes

S/ES 200314929 United States Department of State Washington, D.C. 20520 www.state.gov June 11, 2003

RECEIVED JUN 1 2 ?003

(Unclassified when separated from attachments)

National Commission on Terrorist Attacks

MEMORANDUM FOR MS. BETTY SWOPE National Commission on Terrorist Attacks Upon the United States SUBJECT: Department of State Documents In response to the Commission's recent request for documents regarding the events surrounding September 11 terrorist attacks, I am forwarding for your review 109 documents. If you have any questions, please do not hesitate to call me on 647-5301.

Karl Hofmann Executive Secretary Attachments: One hundred and nine documents with manifest

'-SECKbl — (Unclassified when separated from attachments)

Drafted by:S/ES-CR:IJMcCray

Clearance: P - Michael Hammer (ok) L - John Schnitker (ok)

- 1SENSITIVE BUT UNCLASSIFIED

"NODIS Taliban Demarche" and Posts' Responses 17 January 2003 / Joint Intelligence Committees' 9/11 OfJ Inquiry QFRs 27 August 2002

Joint Inquiry Staff review of the / . Intelligence Community's response to l/C^and handling of NSA message
12 March 2002

Request from Britt Snider to INR on Q "this most important study"

22 August 2002

September 11: Working together to Fight the Plague of Global Terrorism and the Case Against Al-Qa'ida

22 June 2001

1 April 2002

Public Announcement of increased risk j of a terrorist action from extremist Ir /I (JkZ-jgroups for American citizens and n interests abroad U Responses to 13 questions from the House Joint Inquiry regarding 9/11

8 January 1999 Report of the Accountability Review / flLtL' Boards on the Embassy Bombings in f Nairobi and Dar Es Salaam 13 November 2002

Transcript of Joint Inquiry Committee Hearing on the Events Leading Up to the Attack on the United States on September 11, 2001

SENSITIVE BUT UNCLASSIFIED

- 2 SENSITIVE BUT UNCLASSIFIED 7 June 2002

Lande/Barton memo and classified receipt covering (not including copies of) Report of Accountability Review Boards on the Embassy Bombings in Nairobi and Dar Es Salaam and "culpability cable"

30 August 2002

Ford/Hill letter re INK's handling of two messages from NSA in early April 2001

•v

ndated-given to 17 May 2002 Undated-given to JIG 17 May 2002 6 May 2002 April 2002 2002 2002

Terrorism Task Force DS Participation Briefin Paper Rewards for Justice Program Fact Sheet Daily Press Briefing, Richard Boucher questions regarding threats to airlines Lande/Barton memo enclosing Statements for the Record of ASEC Ryan and Hearing Transcripts

03000114

E-mail - Recommendation to JIG Team Lande/Barton memo enclosing Editions of Patterns of Global Terrorism t

May 2002

JIS Meeting Participant Information £ rel="nofollow">

May 2002

Handwritten contact information

• 0E March 2002

^

Ford/Snider letter re the April 1 deadline

1 April 2002

Ford/Snider letter enclosing responses to 13 questions asked by the Joint Inquiry of Intelligence Community Agencies

Undated

TESTIMONY BEFORE THE JOINT INTELLIGENCE COMMITTEE INQUIRY ON THE TIPOFF PROGRAM, SEPTEMBER 19, 2002, CHRISTOPHER A. KOJM SENSITIVE BUT UNCLASSIFIED

- 3 SENSITIVE BUT UNCLASSIFIED 1 October 2002

TESTIMONY TO THE JOINT CONGRESSIONAL INTELLIGENCE COMMITTEE INQUIRY by Ambassador Francis X. Taylor

3 February 2003 /^Questions for the record in Joint Inquiry's ^VOctober 31 Letter 25 September 200£\Ujteterial Relevant to Your Datasharing Interests \0riginally prepared for Another Committee f DHS-related Query 4 March 2003

I JLouestions for the record in Joint Inquiry's ^November 6 Letter

6 November 2002 jv-j Questions for the Record Joint Congressional V 9/11 Inquiry Responses of the Department o State 19 September 2 002 I/TESTIMONY BEFORE THE JOINT INTELLIGENCE f)

vVcoMMiTTEE INQUIRY ON THE TIPOFF PROGRAM, 'CHRISTOPHER A. KOJM

19 May 2003

\t Sheet - "Visa Systems Improvements Since \n I n 1 ..

f\ * rt\(\3 written responses

Secretary for Intelligence and Research Carl Ford to Britt Snider's 2/21 letter to intelligence community agencies' f) heads. Copies of Consular Affairs Bureau materials including from databases such as the Consular Lookout and Support System (CLASS) concerning the nineteen hijackers. The materials were previously provided to the SSCI in response to Vice Chairman Shelby's 11/1/01 document request. Tranches of documents previously coordinated with DoJ are held in SSCI and will be available to the JIC. SENSITIVE BUT UNCLASSIFIED

- 4 SENSITIVE BUT UNCLASSIFIED

60 classified audit reports by Department Inspector General. attached. Note that State/OIG statutorily independent. I am for your convenience the index as a courtesy by the OIG to my

the State [List is providing provided office.]

10/12/2001

Senate Judiciary Subcommittee on Technology, Terrorism and Government Information- Statement for the Record of Assistant Secretary for Consular Affairs Mary Ryan

10/17/2001

Senate Judiciary Subcommittee on Immigration- Statement for the Record of Assistant Secretary for Consular Affairs Mary Ryan

10/12/2001

Hearing Transcript-Senate Judiciary Subcommittee on Technology, Terrorism and Government Information

10/17/2001

Hearing Transcript-Senate Judiciary Subcommittee on Immigration

10/31/2001

« A Clearing Transcript-House Education and |YWorkforce Subcommittees on 21st Century ^ \s and Select Education

Q

4-CI-007 - Review of Visa Issuing, Phase I - audit report

V

5-CI-004 - Review of the Nonimmigrant Visa-Issuing Process, Phase II - audit report 5-CI-004A - Review of Visa Issuing, Phase II - audit report 5-CI-023 - Consular Fraud - audit report

SENSITIVE BUT UNCLASSIFIED

0 $00 io&

- 5 SENSITIVE BUT UNCLASSIFIED

7-CI-002 - Review of Immigrant Processing - audit report K&/)99-CI-28 - Audit of Consular Fraud [y\ ^Prevention Program - audit report TERRORISM REPORTS 1980 THROUGH 2002

Review of the Issuance of Visas to the September 11, 2001 Terrorists (JL&S /

DIG - Intelligence and Law Enforcement Oversight Index-Visa Viper Program (December 2002)

till A /Letter to Senator Graham dated April 21, •MfcK (Mr;/ 2003, regarding the Joint Inquiry I recommendation.

O£L) fa\iikiM vf

tiottiHHi^Rwr

SENSITIVE BUT UNCLASSIFIED

o%#p/fl3i

10005

DOS LEGISLATIVE AFFAIRS

05/01/2003 17:13 FAX 6472504

Sensitive but Unclassified

"Report Numbers and Recommendations" for Recommendations - visa processing Report Number

Rcmd Number

Code

" Classification

Description Embassy Caracas should revise the work lequirernenls statement of the immigrant visa officer and foreign national employees lo make it explicit thai their primary duly is immigrant visa processing.

H/A

Undauilied

Embassy Bogota should eslabfish a cross-training program in Ihe consular section that wiN ensura that at least one junior officer and at least one foreign national employee assigned to the nonimmigrant unit .are avaftabte to assist with immigrant visa processing as needed. The Department, in coordination with Embassy Dakar and Hi neighboring posts, should conduct and implement a consular regional workload study to identity consular functions, in particular nonimmigrant visa processing, thai could be fetocaled to Embassy Dakar.

ISP/1-01-04

Embassy Bamako should develop and initiate a post policy lo require the preparation ol an end-oMour report and updated standard operating procedures for consular section management and visa processing, which should be a . requMement in an officer's post departure checklist. These procedures should also require an intensive review by the consular officer's supervisor ol all visa »pp4tcalions during (he 3-month transition period ol the newty arrived consular officer. Embassy Bamako should institute monthly audits of nonimmigrant visa processing lees. Sensitive but Unclassified In preparing as FT 2002 budget request. ATT should secure Stale Department agreement to transfer base costs for personnel representing Us interests and lo limit use of visa processing dees tor consular operations only, with the excess returned lo Ihc Department. Sensttrve but Unclassified

0300011,1,

ATT Taipei should submit fresh justification tor and should request authorization lo continue collecting and retaining immigrant visa processing charges.

Sensitive but Unclassified We recommend that the contracting officer require Ihe American Institute of Tawian. in the future, to submit detail cost data regarding the use of visa processing fees lo ensure that all costs are properly included in the indited cost calculation. ISP/l-99-12

Unclassified

The Department shouM prepare an action pUn to Improve communications with Ihe INS icgarding laser visa processing.

ISP/V-99-OS

Unclassified

Embassy Kampala should contract with a local bank lo assume Ihe (unction o< coftccbng the MS machine*readabte visa processing lee.

ISPfl-97-41

Unclassified

Emb. Mevico City shd leqwwc CG Tijuana lo prepare and submit a plan lor the renovation of Ihe post's 1st floor noMivnigrani visa piocessing ai«a lo include the teconfiguration & enlargement of Ihe nonimmigfanl visa interview aiea and public wailing room.

T

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Sensitive but Unclassified

0 5 / 0 1 / 2 0 0 3 17:13

DOS LEGISLATIVE AFFAIRS

FA* 6 4 7 2 5 0 4

Sensitive but Unclassified "Report Numbers and Recommendations" for Recommendations - visa processing Rcmd Report Number Dumber_

Code

Classification

Description

ISPft-97-36

22

Unclassified

Embassy Abu Dhabi should establish a system ID coifed machine-readable visa processing lees (orUAE posts through • bank.

S7-CW09

1

Unclassified

We rcmd the Department designate a portion ol the diversity visa tees lo be used le augment funding the visa fraud prevention program, including staffing costs a] ap diversity visa processing posts.

7-CI-002

1

Unclassified

We rcmd thart CA identify the skills, tools. I anlUraud resources required by the immigration visa officers & the FS Nationals at posts where the immigrant visa processing is being considered lot consolidation & provide the results to the Bureau erf Personnel.

Unclassified

Emb Ouho shd tran&ler afl nonon"t6at nonifnm*9rant visas to the consulate general as soon as immigrant visa procession can be moved to the new immigrant visa unit.

Unclassified

The Oepl shd approve Emb Dhaka's request lor an additional $10.000 lor investigative travel related to visa processing.

Unclassified

Embassy Chbtnau should send its FSN consular assistant to Embusy Bucharest'-for training in immigrant vts» processing, antrlraud investigations, and American citizen services.

Unclassified

THe Dept shd develop a version ot immigrant vi&a automated computer systems specifically designed (or US1NT Havana's needs, similar lo the specialized versions used lor dwarsity visa processing.

ISP/WSS-51

16

Unclassified

Emb Montevideo shd prepare a briefing handbook on nonimmigrant visa processing (or new consular officers.

iSPn-ss-n

«

Unclassified

DOS shld advise National Vtsa Processing Or in Portsmouth. NH & INS that CG Toronto win no longer process Immigrant visa petitions approved after 3/1/95. From that date, cases ready for processing shld be forwarded to CG Montreal

Unclassified

Dept shd ext high-ttvel task force lo study and rnak* recommendations pertaining to use and oversight of visa processing lees at AJT.

Unclassified

Depi shd provide an expert knowledgeable in visa processing and workflow to assist ATT/Taipei w/design of Us N(V processing and waiting room areas.

Unclassified

Dept shd assign responsibility for all immigrant and nonimmigrant (except diplomatic & official) visa processing lor Seychelles trom Emb Victoria to Emb Nairobi.

Unclassified

Depi lew Emb Kampala & Nairobi, shd initiate plans to shin rnrnigrant visa processing (torn Emb Kampala as soon as post visa frtes can be readied lor the move.

ISPA-94-15

Unclassified •

Emb Rabat shd trahslet aP visa processing, excepl dip & official visas, lo CG Casablanca, upon departure ol current incumbent of position number 30-3001-050.

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DOS LEGISLATIVE AFFAIRS

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1^007

Sensitive but Unclassified "Report Numbers and Recommendations " for Recommendations - visa processing Report Number

Rcmd plumber

Code

'Classification

Description Depl shd give high priority lo Emb Addis Ababa lor instaltaljon of CLASS-connecled automated'visa processing systems. MRV.PC & IVACS.

Unclassified

Depl shd establish a high-level task force ID iludy & make reeorrmendalioiu pertaining to the Justification, coltecllon. use. I oversight at visa processing lees at ATT thai art neither lelumed lo Treasury nor subject lo congressional

ISP/1-93-41

10

Unclassified

Oept shd provide hinding lor temp consular assistance on personal service contracts at Emb Seoul lor retirement ol IV frici lo the transitional immigrant visa processing center.

ISP/1-93-25

33

Unclassified

Emb Meiico City, in conj w/CG T)uana & ARA/EX, & CAJEX shd promptly complete planning to reduce & reassign resources currently devoted lo immigrant visa processing at CG Tfuana.

ISP/VS3-20

334

Unclassified

To tnsuie integrity of cash & visa processing Deprations. Emb Moscow shd req CG SL Petersburg erect barrier lo pfevent physical access to equipmenl but at same time permit communication w/public.

N/A

EmO Islamabad. CG Lahore. CG Karachi. I CA shd delel consolidation of immigrant visa processing lor Pakistan at CG Karachi until adequate space is provided lor conduct ol both curienl & expanded cons operations. ISP/1-92-21

3J4

N/A

Unclassified

Emb Lisbon shd ensure that Cons Ponla Delgada review Its visa processing procedures & ptepare a visa policy plan as outlined in 9 FAU Appendh M. Embassy Tunis should reassess the corrective action plan lor the vulnerability assessment ol U.S. citizen services and visa processing lor each question that the post scored below the acceptable level, and pul lhat pbn into effect

O-8S-J3

11

O-89-33

12

The Dep should provide written instructions to AIT lo fokow procedures outlined in ATTAM 1W of May S 1979 regarding visa processing and postage lees collections. Undassilied

The Dep should provide wrinerv guidance to AIT regarding waiver of the visa processing snf postage lees requirements. (Action: Stale AIT COR, in coord w CA)

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DOS LEGISLATIVE AFFAIRS Noforn-Sensitive But Unclass

©008

"Report Numbers and Recommendations" for Recommendations - visafees Report Number

'• Rcmd Number

Code

Classification

Description

Unclassified

EMBASSY THE HAGUE. AS SOON AS POSSIBLE AFTER THE BANK BEGINS COLLECTING MACHINE-READABLE . VISA FEES. SHOULD INSTRUCT CONSULATE GENERAL AMSTERDAM TO INSTITUTE N£W NONIMMIGRANT VISA PROCEDURES TO REDUCE THE PERCENTAGE OF APPLICANTS WHO MUST APPLY IN PERSON AND TO FACILITATE THE PASS BACK OF VISAED DOCUMENTS.

Nokxn-Sensltive BiX Unclass

We recommend that AfTJT, In collaboration with EAP, seek written authorization Irom the contracting officer as required by its contract with Ihe Dept. concerning a) the purposes for which both the 2/3 and 1/3 visa lees it collects can be spent. b) how il prans to use the lunds ii has collected and Witt continue to collect, and c) the mo si appropriate investment options tor those lunds that it does not plan to use in the short term.

lSP/l-97-<2

9

Unclassified

Emb. Seoul shd request, based on border security concerns, funding geneiated from machine-readable visa fees lo establish an American pad-time. inleimitlenL temporary (PIT) position in its anti-fraud unit lor a period of 12 months lo oiganize and upgrade the unit's Mes and lo provide office coverage to a tow additional fold investiga lions.

97-CI-009

.. 1

Unclassified

We rcmd the Department designate a portion of (he diversity visa lees lo be used to augment lunding the visa fraud prevention program, including staffing costs al all diversity visa processing posls.

Unclassified

We rcmd that CA <1) require posts lo collect ad immigrant vtia lees at once in older to maximize the use of limited resources and (2) seek a change in the Schedule of Fees lo combine the two (en into one single lee.

.7-C1-002

'/J-9606

10

Undusifcd

Emb Oslo shd. in coordination wilh U* DepL take necessary action lo contract (through a competitive bid procedure) with a local bank to cored «B machine readable visa fees.

ISP/l-96-27

16

Unclassified

Emb Quito shd negotiate a contract with a bank thai would allow the bank lo colted the machine-ieadabte visa tees for both the embassy and the consulate general.

Unclassified

Emb Baku shd propose, and th» Dept shd approve, a revised visa schedule tor Azert»|an If % is determined thai the Azerba|an Govt is arbitrarily charging visa fees for at U.S. citizens in contravention of the present no-fee visa agreement.

Uneta»if>ed

Emb Santiago shd find a bank that is willing to accept machine-readable visa tees according lo the Oeprs guidance and submit a proposal lo the Dept lor approval.

Unclassified

W/ guidance of RCO in rWoscow and the Dept and taking into consideration mandated tees lor MRV applications, Emb Ashgabat should immediately initiate talks wilh the Government of Turkmenistan lo devise a new schedule of -reciprocal visa lees.

lSPA-95-a

lSPfl-95-12

6

c I of 2

04MS/3003 Noforn-Sensitive But Unclass

05/01/2003 17:15 FAX 6472504

DOS LEGISLATIVE AFFAIRS

Notorn-Sensitive But Unclass

"Report Numbers and Recommendations " for Recommendations - visa fees •, Report Number

Rcmd Number

ISP/V95-09

Code

Cliasiflcalion

Description £mb Almaty ICW DOS shW review current visa tees & procedures ol the GOK legarding American citizens & prepare a plan to provide reciprocity _ DOS shoutd review the current published visa recipiocity schedule tor Kyrgyzslan and correct the discrepancies in visa lees bled in 9 FAM and those actually being charged Dy EMB BISHKEK. Embassy shld seek authority (rom DOS to initiate formal talks wMhe GOU on the question ol establishing a reciprocal schedule lor visa lees & simplification of documentary requirements. Dept shd delay the MRV installation at Emb Taflinn urtil an Amb a *m place and has had lime to develop a plan UN containing negative political fallout from th« colteclion ot visa lees. Rec FMP. after consuRation wA. promptly notify the Congiess & the U.S. Treisury that AIR is using coHections from nonimmigrant visa lees .to finance major portion ol its operations.

SOR7-94-01

•

Rec A/ACO re^ EAP and AIR to explain all ol the circumstances relating to the assessment of nonimmigrant visa fees since 19B7 and. in consultation w/L and A/OPE, determine if their actions were legal & tl so. whether they req approval by Dept's Proc Exec Emb Damascus shd review visa lev reciprocity issue & propose. & Dept shd approve, schedule that will bring U.S. visa fees and validity for Syrian nationals into compliance with U.S. wgs & Dept policy on visa leciprooTy.

00 O-88-38

11

Emb Amman, at an appropriately high level. sKd (a) inform JortJana Ministry of Foreign Affairs of the US taw (Le.. Sec. 2B1 of Irrvnigration & Katwality Ad) regarding the requirement 1or reciprocity in visa lees,

O-BB-38

12

If th* Gov. of Jordan is unwilling to waive visa tees lor US cifecfts seeking employment in Jordan under circumstances comparable to those of Jordanians working in the US on nonimmigrant H* & "L" visas Emb Amman shd inform the Opt of the'

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Noforn-Sensitive But Unclass

Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Max Cleland 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 James R. Thompson

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 report: Border Security: Visa Process Should be Strengthened as an Antiterrorism Tool, October 2002, GAO-03-132NI. 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 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 the 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.9-11 commission.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. 11. Memoranda to "7th Floor" principals, for the period 1993 to 2003, discussing policy priorities guidance 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. 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. 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. 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 and refugee 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 terrorist-affiliated aliens. 17. Documents summarizing training initiatives or briefings for consular officers instituted after 9/11/01 on 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. 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. 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 Page3 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

200316281

0*4031-71*

United States Department of State Washington, D.C. 20520 July 16, 2003

.. pjJULSW- —• "

SENSITIVE BUT UNCLASSIFIED MEMORANDUM FOR MR. TOM ELDRIDGE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents (Request for Documents Request No. 2)

This is in reply to the National Commission on Terrorist Attacks Upon the United States request for Department of State documents. Attached is the first installment of documents responding to your request. 'Additional installments will be provided as we complete our search and review of material. This installment consists of unclassified documents. Please note, however, that some of the attached information is protected _from---dis-closure^"rtnder^Sectron 222 ff) of the ', Immigration and Nationality Act, 8 U.S.C. 1202 (f), and, in accordance with that law, may only be used for the "formulation, amendment, administration, or enforcement of the immigration, '\, or other laws of the United States." Although the material is not classified in and of itself, its designation as "Sensitive but Unclassified" requires special handling. Therefore we request that all these documents be protected from unauthorized disclosure. In accordance with the Department of State's standard practice, we have excised the names of drafting, clearing and approving officers below the level of Assistant Secretary or Ambassador, as well as information related to the deliberative process or other non-responsive information.

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED -2We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

KT'M/V^—-—-> Karl Hofmanft Executive Secretary

Attachments: 1. State Department documents 2. Incoming Request

SENSITIVE BUT UNCLASSIFIED

Index To Documents Provided by CA/VO for the 9/11 Commission, "DOS Document Request No. 2" June 30, 2003

Item request no. 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 report: Border Security: Visa Process Should Be Strengthened as an Antiterrorism Tool,

* ? v The Visa Office did not provide that are not included elsewhere in this request.

'

(J

Item request no. 3; Copies of all visa applications (not redacted) and any supporting documents, including information contained in computer databases, for all the 9/11 hijackers. Chart listing the 19 hijackers and the 22 visas issued Consular Consolidated Database record of all visa applications and issuances, with the Consular Lookout and Support System (CLASS) namecheck records as seen at the time of issuance attached OF-156 Nonimmigrant Visa Applications of 19 of the applications made

Item request no. 4; All memoranda having to do with issuance of visas to the 9/11 hijackers. £, tj!jL.. :^/^ L^ Zj^rfrfctto'US--*--*'' ^ If The Visa Office did not provide that are not included elsewhere in this request.

0

Item request no. 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. 02 State 138635, "Visa Processing Options" 18 Jul 2002 Abu Dhabi: 01 Abu Dhabi 6659, "Congressional Request for Information on Visas for September 11 Hijackers - Abu Dhabi and Dubai" telegram 26 Nov 2001 •V

01 Abu Dhabi 6767, "Embassy Abu Dhabi FY 2001 Consular Package Narrative" telegram 5 Dec 2001 03 Abu Dhabi 318, "Embassy Abu Dhabi FY 2002 Consular Package Narrative" telegram 21 Jan 2003 Berlin: •

97 Bonn 1617, "Requirements of State 191813" telegram 3 Nov 1997

•

98 Bonn 2882, "Nonimmigrant Visa Processing in Mission Germany; Some New Procedures" 23 March 1998

•

"U.S. Mission Germany NIV Processing" briefing paper Undated, fall 1998

•

99 Bonn 551, "Transfer of Consular Services of Embassy Bonn" 11 Feb 1999

•

99 Berlin 1347, "Section 214(b) Refusal Procedures" 18 Oct 1999

•

00 Berlin 4874, "Berlin FY-2000 Consular Package Narrative" 5 Dec 2000

Dubai: •

01 Dubai 1140, "TFUS01: Visa Applications of Suspect in 11 September Attacks" 13 Sep 2001

•

01 Dubai 1572, "Consulate General Dubai's FY 2001 Consular Package Narrative" telegram 19 Dec 2001

•

02 Dubai 1830, "NIV Processing Survey" telegram 17 Aug 2002

03 Dubai 514, "Consulate General Dubai's FY 2002 Consular Package Narrative" telegram 5 Feb 2003 Jeddah: 01 Jeddah, "FY 2001 Consular Package Narrative.- Jeddah" 10 Dec 2001 •

03 Jeddah 290, "FY 2002 Consular Package Narrative-Jeddah" 5 Feb 2003

Riyadh: •

01 Riyadh 2326, "U.S. Visa Express Program Transforms NIV Scene in Saudi Arabia" 19 Aug 2001,,

•

01 Riyadh 3253, "Effect of September 11 and Aftermath on Saudi 'Study in the USA'" 23 Oct 2001

•

02 Riyadh 104, "FY 2001 Consular Package Narrative" 9 Jan 2002

_

^fy* 02 Riyadh 4340, "Request for Guidance on Termination of ,\a Express" 9 Jul 2002 rtU^ _ " 0 2 Riyadh 4606, "Options to Replace/Supplement Visa Express" 16 Jul 2002 "

02 Riyadh 4784, "Visa Processing in Saudi Arabia" 22 Jul 2002

•

02 Riyadh 5308, "Update on Nonimmigrant Visa Processing in Saudi Arabia" 6 Aug 2002

•

03 Riyadh 2008, "FY 2003 Consular Package Narrative" 14 Apr 2003

•

02 Jeddah 5690, "NIV Processing Survey" 24 Aug 2002

Item request no. 6; Annual statistical summaries and analyses of visa applications (including for third-country national applicants), average processing times, categories of visas, refusals, and reasons for refusals (statutory provisions) for the period from 1995 through 2003 for Riyadh, Jeddah, Berlin, Dubai, and Abu Dhabi posts. • Key to nationality codes used on NIV reports • Reports by visa country and Abu

on refusals/overcomes, nonimmigrant visa issuances category, and nonimmigrant visa issuances by of nationality for Berlin, Riyadh, Jeddah, Dubai, Dhabi, for FY 1995 through March 2003

Item request no. 7; Annual Reports of the Visa Office, and worldwide summary consular packages for the period 1990-2003 •

Copies of the annual Report of the Visa Office for 19902000 (most recent year available)

Item 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. The following documents represent budget materials presented to Congress for the fiscal years 1998 through 2004. Each document sets forth the budget request for the Bureau of Intelligence and Research. Congressional Congressional Congressional Congressional Congressional Congressional Congressional

Presentation Document, budget fiscal year 1998 J Presentation Document, budget fiscal year 1999 Presentation Document, budget fiscal year 2000 Presentation Document, budget fiscal year 200 1 ^ ij $ " Presentation Document, budget fiscal year 2002 Presentation Document, budget fiscal year 2003 Presentation Document, budget fiscal year 2004

Item request no. 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 Item request no. 9; Documents describing the State Department's Border Security Program for the period fiscal years 1995-2004, including resources devoted to the program, clearance processes, and automated consular system support • Border Security Program - Budget in Brief FY 97 - 04

Item request no. 13; Documents issues 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. CFR Title 22, Ch. 1, part 4--Visas: Documentation on Nonimmigrants under the Immigration and Nationality Act 9 FAM 41.2 Nil Visa Waiver Program 88 State 301909, "Nonimmigrant Visa Waiver Pilot Program - FRG" telegram to Bonn 15 Sep 1988 94 State 299749, "VWPP: Criteria for Consideration" ALDAC 5 Nov 1994 96 State 223565, "Visa Waiver Pilot Program: Machine Readable Passports" telegram to VWPP capitals 25 Oct 1996 99 State 210960, "Visa Waiver Pilot Program: Machine Readable Passports" telegram 9 Nov 1999 00 State 210639, "Changes in Visa Waiver Program" ALDAC 2 Nov 2000 00 State 229052, "Passage of VWP Legislation: Where Do We Go from Here?" ALDAC 1 Dec 2000

Item request no. 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. •

03 STATE 153587, "SOP NO. 22: REVISION TO VISAS MANTIS CLEARANCE PROCEDURE" 5 JUN 2003

•

03 STATE 144850, "SOP 20: 30-DAY RULE AND STUDENT AND EXCHANGE VISITOR VISA PROCESSING" 30 MAY 2003

•

03 STATE 144849, "SOP 19: A-2 VISAS FOR ATA TRAINEES" 30MAY 2003

•

03 STATE 144246, "CSPA ALDAC NO. 3 -- PROCEDURAL INSTRUCTIONS ON ISSUING IMMIGRANT VISAS TO ALIENS QUALIFYING FOR AGE-OUT RELIEF UNDER THE CSPA OR SECTION 424 OF THE PATRIOT ACT" 29 MAY 2003

•

03 STATE 139997, "SOP NO. 17: STUDENT AND EXCHANGE VISITOR VISA PROCESSING" 24 MAY 2003

•

03 State 136100, "Border Security - Waiver of Personal Appearance for Nonimmigrant Visa Applicants - Revision to the Regulations" 21 May 2003

•

03 STATE 131625, "CHILD STATUS PROTECTION ACT: ALDAC #4 WHAT CONSTITUTES A "FINAL DETERMINATION" ON AN APPLICATION ADJUDICATED PRIOR TO THE EFFECTIVE DATE OF CSPA" 17 MAY 2003

•

03 STATE 123678, "SOP NO. 15: VISAS AND NON-COMPLIANCE WITH NATIONAL SECURITY ENTRY EXIT REGISTRATION SYSTEM (NSEERS)" 10 MAY 2003

•

03 STATE 123670, "SOP NO. 14: ELECTRONIC ANNOTATION OF NIV REFUSALS" 10 MAY 2003

•

03 STATE 100046, "SOP: NO. 11 USE OF VRVK REVOCATION CODE" 18 APR 2003

•

03 STATE 099225, "CONSULAR STANDARD OPERATING PROCEDURES NUMBER #10: ACCESS TO CONSULAR NAMECHECK SYSTEMS" 17 APR 2003

•

03 STATE 098003, "VISA PROVISIONS IN USA PATRIOT ACT SERIES: #8" 16 APR 2003

•

03 STATE 074670, "SOP:"STUDENT AND EXCHANGE VISITOR VISA PROCESSING UPDATE" 21 MAR 2003

»

03 STATE 074668, "SOP: SECURITY ADVISORY OPINION PROCESSING" 21 MAR 2003

•

03 STATE 072804, "SOP: SECTION 113: AVIATION SECURITY BILL UPDATE: CONSULAR PROCESSING SIMPLIFIED" 19 MAR 2003

•

03 STATE 058041, "SOP: SEVIS PROCESSING UPDATE" 5 MAR 2003

•

03 STATE 055723, "SOP: CASES REQUIRING NON-SECURITY ADVISORY OPINIONS" 4 MAR 2003

•

03 STATE 040362, "FINAL SEVIS VERIFICATION AND REPORTING INSTRUCTIONS" 12 FEE 2003

•

03 STATE 031163, "SECURITY ADVISORY OPINION 4 FEB 2003

•

03 STATE 029840, "VRVK CODE, HEADINGS ON SAOS, MANTIS DESIGNATION" 1 FEB 2003

PROCESSING"

•

03 STATE 029504, "CANADIAN LANDED IMMIGRANTS" 1 FEB 2003

•

03 STATE 015049, "CHILD STATUS PROTECTION ACT: ALDAC #2" 17 JAN 2003

•

03 STATE 011046, "SENDING EAGLE CABLES AND RETRANSMISSION OF CASES" 14 JAN 2003

•

03 STATE 001452, "SEVIS AND NEW STUDENT AND EXCHANGE VISITOR FORMS" 3 JAN 2003

•

02 State 265444, "Visa Lookout Accountability (VLA) Revised Guidelines and Call for Post Certification" 24 Dec 2002

»

02 STATE 263499, "SPREADSHEETS FOR CONDOR CLEARANCES" 21 DEC 2002

•

02 STATE 259740, "EAGLE CASES--INCLUDE NVC PORTSMOUTH AS ADDRESEE" 17 DEC 2002

•

02 STATE 259253, "CONDOR CABLES: IDENTIFY STUDENTS AND REMEMBER THAT HITS SHOULD BE SENT AS DONKEY CONDORS" 17 DEC 2002

•

02 STATE 254093, "SECURITY CONSIDERATIONS IN VISA PROCESSING" 11 DEC 2002

•

02 STATE 252209, "CHANGE IN NAME OF REFUGEE AND ASYLEE SAO REQUEST CABLES" 9 DEC 2002

02 STATE 245447, "BORDER COMMUTER STUDENT ACT OF 2002" 3 DEC 2002 02 STATE 223629, "PROPER FORMATTING OF VISA CLEARANCE CABLES" 7 NOV 2002 02 STATE 205630, "TERMINATION OF 20-DAY HOLD PROCEDURE FOR CERTAIN NONIMMIGRANT VISA APPLICATIONS" 18 OCT 2002 02 STATE 200497, "REQUEST FOR INPUT ON CURRENT OPERATION OF THE SAO PROCESS" 10 OCT 2002 02 STATE 175386, "ISEAS: FURTHER CLARIFICATION AND INSTRUCTIONS" 11 SEP 2002 02 STATE 174234, "THE INTERIM STUDENT AND EXCHANGE AUTHENTICATION SYSTEM" 11 SEP 2002 02 STATE 173089, "AVIATION SECURITY BILL: UPDATE 3" 10 SEP 2002 02 STATE 166063, "POSTS AUTHORIZED TO ENTER 3A AND 3B VISA REFUSAL CODES IN CLASS" 29 AUG 2002

Item request no. 15; All blank visa and refugee application forms used by posts and instructions to the field introduced after 9/11. • DS-157 Supplemental Nonimmigrant Visa Application form •

02 State 6020, "A New Form - DS-157, Supplemental Nonimmigrant Visa Application" ALDAC 11 Jan 2002

•

02 State 7129, "Clarification on the Use of the DS-157" ALDAC12 Jan 2002

•

02 State 10522, "Further Clarification on the Use of the DS-157" ALDAC 18 Jan 2002

•

02 State 14667, "The DS-157 and Techro Applicants" ALDAC 25 Jan 2002

"

DS-158 Contact Information and Work History for Nonimmigrant Visa Applicant form

•

02 State 141395, "A New Form - DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant" ALDAC 24 Jul 2002

Item request no. 18; Documents setting forth policies and procedures implementing the Enhanced Border Security and Visa Entry Reform Act of 2002. •

02 STATE 187180, "BORDER SECURITY ACT -- HOST GOVERNMENT VIEWS ON USG FINGERPRINTING OF ITS CITIZENS" 26 SEP 2002

Item request no. 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. ^

• Materials for Ambassadorial Seminar Handbook regarding visa referral model, including sample referral forms 10 January 1997

&) • 97 State 12774, "Chief of Mission Responsibility for Visa '*' Referral System" ALDAC 23 Jan 1997 f1 • 97 State 15792, "Visa Referral System Guidance" ALDAC ^ 28 Jan 1997 1

97 Brazzaville 594, "Visa Referral^System Guidance" telegram 25 Feb 1997

1

97 State 57324, "Visa System Referral System Guidance" response 28 March 1997

1

99 State 56722, "Chief of Mission Responsibility for Visa Referral System" ALDAC 29 March 1999

•

99 State 56678, "Visa Referral System Guidance" ALDAC 29 March 1999

, **(c) 99 port au Prince 2442, "HNP Use of NIV's to Immigrate" 8 Sep 1999 1

00 State 8844, "Chief of Mission Responsibility for Visa Referral" ALDAC

•

02 State 96111, "New Guidance on Visa Referral Systems" ALDAC 18 May 2002

•

02 State 100799, "Curbing the Potential for Visa Referral System Abuse - the Santo Domingo Example" ALDAC 23 May 2002

S/ES 200316281 United States Department of State Washington, D.C. 20520

August I, 2003

SENSITIVE BUT UNCLASSIFIED MEMORANDUM FOR MR. TOM ELDRIDGE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents (Request for Documents Request No. 2)

This is in further reply to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the second installment of documents in response to your request. Additional installments will be provided as we complete our search and review of material. This installment consists of unclassified documents. Please note that although the material is not classified, some of it may be "Sensitive But Unclassified" for law enforcement reasons. Therefore, we request that these documents be protected from unauthorized disclosure. We hope this information is useful to you. As always, please do not hesitate to contact us if you have further"'" questions.

Karl Hofmann Executive Secretary Attachments: 1. State Department documents 2. Incoming Request

SENSITIVE BUT UNCLASSIFIED

S/ES No.200316281 REV United States Department of State Washington, D.C. 20520 P U:5h

ACTION MEMORANDUl^^X.-AO '

July 31,

2003

SENSITIVE BUT UNCLASSIFIED TO:

P

- Under Secretary Grossman

FROM:

CA - Maura HartyrMj-"

SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents (S/ES No. 200316281/Request No. 2)

Issue for Decision • Whether to make the attached materials available to the National Commission on Terrorist Attacks Upon the United States. In a June 24 letter (Tab 1), the National Commission on Terrorist Attacks Upon the United States (the "Commission") requested that the Department provide it with documents and information contained in a 19-item list of subject areas. State has already shared documents related to item numbers 1-7, 9, 12, 14, 15, 18 and 19 on the Commission's list. This is the second tranche of documents (Tab 3) that we propose to make available to the Commission. The attached documents are primarily responsive to items number 8, 13, and 17 of the Commission's request. This tranche consists of documents setting forth the Department's bjgdget requests and amounts appropriated by Congress for fiscal years 1998-2004; documents issued since the inception of the Visa Waiver Program setting forth policy and procedure; and documents summarizing training initiatives or briefings for consular officers instituted after 9/11/01, including several dozen "Intelligence Alert Bulletins" sent to consular sections. All of it is unclassified.

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED -2CA is continuing its search for items listed in the attached request. Documents produced by NEA, PRM and S/ES are currently being reviewed. We will make the next installment

available to the Commission as soon as we have located and processed additional documents. The attached memorandum to Tom Eldridge of the Commission (Tab 1) will accompany the documents. This is similar to the two previous memorandum^ that you have authorized for transmittal to the Commission in response to its request. Although the material is not classified, some of it is "Sensitive But Unclassified" for law enforcement reasons. Therefore, we have requested that the Commission protect these documents from unauthorized disclosure. In accordance with the Department's standard practice, we have also excised the names of drafting, clearing and approving officers below the level of Assistant Secretary or Ambassador, as well as information related to the deliberative process and other non-responsive information. Recommendation That you approve making the documents at Tab 3 available to the National Commission on Terrorist Attacks Upon the United States. Approve

IpAj

Disapprove

--*- -

1 AUG 2003 Attachments: Tab 1 - Memorandum to Mr. Eldridge. Tab 2 - Incoming Request from the Commission. Tab 3 - Index of State Department Responses to Items 8, 13 and 17

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED -3Drafted:CA/P:Paula A. Williams Revised:07/31/03

07/18/03, X74744

Clearances: CA/P:EVazquez (ok) CA:ASimkin A/RPS:REdwards, Acting(ok) H:JLande (ok) L/CA:Jkropf (ok) D:RBeecroft (ok) P:BBrink (ok) M:Ensslin (ok) S/ES-IA:SSarkis (ok) S/ES-CR:BHorton (ok)

SENSITIVE BUT UNCLASSIFIED

DEPARTMENT OF STATE

6/25/03

'ATE:

EXECUTIVE SECRETA ACTION SLIP

ATE DUE S/ES BYi.

UNCLASSIFIED

7 / 2 / 0 3 FIRM S/ES CONTROL NO.

(Classification/Down grader) ACTION ASSIGNED TO:

200316281

flffll JUN2b P

HIGH PRIORITY ITEM

ACTION REQUESTED: FORMAL STATE TO

MEMO

STATE TRANSMIT!AL FORM TO NSC OVP

SCANNED clUJ

3

WITH DRAFT REPLY FOR SIGNATURE BY: WITH COMMENT/RECOMMENDATION

PREPARE A CROSS-HATCH CABLE REPLY FOR PRESIDENT/VICE PRESIDENT. SEND A COMEBACK COPY OF OUTGOING STATE CABLE AND ORIGINAL WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMITTAL FORM (NSC /OVP). IF NO REPLY NECESSARY, RETURN ORIGINAL WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMITTAL FORM WITH AN EXPLANATION IN REMARKS AS TO WHY NO REPLY IS NECESSARY.

TRAVEL AUTHORIZATION

PROVIDE INFO COPY OF DIRECT REPLY ON BEHALF OF. ALONG WITH ORIGINAL INCOMING WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMITTAL FORM. ************************************************* -22- RECOMMENDATION FOR _ x BY:

~

UNDER COVER OF AN ACTION MEMO WITH REPLY FOR SIGNATURE

Hofmann-Eldridqe memo (sample attached)

- (FOR SCHEDULE ITEMS ONLY): RECOMMENDATION FOR

UNDER COVER OF AN

ACTION MEMO WITH REPLY FOR SIGNATURE. OR IF DECLINED: DIRECT REPLY ON BEHALF OF DIRECT REPLY ON BEHALF OF . FOR APPROPRIATE HANDLING . FOR YOUR INFORMATION WITH REPLY FOR SIGNATURE BY PROVIDE INFO COPY OF DIRECT REPLY TO S/ES -CR • REMARKS/SPECIAL INSTRUCTIONS: CAi P13- coordinate State' s "response under cover of an Action Memo to P along with a Hofmann-Eldridge memo. Pis clear/coordinate with D, P, M, A/RPS/IPS, S/ES-CR, H.and others as.appropriate. Tranches are welcome. Information already provided to Con?™fnIwrrH. y iaentified. Please identify exceptionally burdensome requirements. Thanks. wTrH W11M:[ C /T?C_OP TJ . __. . ^________^_^^_^ COPIES TO:

XX

XX

USAID

XX S/ES-EX S/ES-IA S/ES-IRM S/ES-O S/ES-CR

AF EAP EUR NEA SA WHA

A AC CA CPR DRL DS EB EGA IIP INL

XX

XX

M/FSI M/P

S/OF

NP

vc

OES

PA

USUN/W

PM

PRM RM S/CT S/OCR

INR 10 FROM: Saadia Sarkis 1RM L EXECUTIVE SECRETARIAT M/DGHR EXT: 7-6590

FAX: 7- 2283

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland 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 James R. Thompson

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 report: Border Security: Visa Process Should be Strengthened as an Antiterrorism Tool, October 2002, GAO-03-132NL 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 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 the 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.9-11 commission 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. 11. Memoranda to "7th Floor" principals, for the period 1993 to 2003, discussing policy priorities guidance 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. 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. 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. 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 and refugee 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 terrorist-affiliated aliens. 17. Documents summarizing training initiatives or briefings for consular officers instituted after 9/11/01 on 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. "°-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. 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

flUG.26.2003

ll:09flM

S/ES 200321021 United States Department of State Washington, D.C. 20520

August 21, 2003

SENSITIVE BUT UNCLASSIFIED When Separated from Classified Attachments MEMORANDUM FOR MR. TOM ELDRIDGE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents (Request for Documents Request No. 2)

This is in further reply to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the third installment of documents responsive to your request. Additional installments will be provided as we complete our search and review of material. This installment consists of classified and unclassified documents. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that the information will be given protection equivalent to that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of your staff be granted access to the material and that it be protected by applying standards at least as stringent as E.O. 12958 on the handling of classified information. Although some of the material is not classified in and of itself, its designation as ''Sensitive But Unclassified" requires

special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

SENSITIVE BUT UNCLASSIFIED When Separated from Classified Attachments

,.2003

ll:89RM

NO. 024

P. 8/11

SENSITIVE BUT UNCLASSIFIED When Separated from Classified

Attachments -2-

We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

o-r Karl Hofmann Executive Secretary

Attachments: 1. State Department documents 2, Incoming Request

SENSITIVE BUT UNCLASSIFIED When Separated from Classified

Attachments

flUG.26.2003

ll:09flM

P.9/11

200320787

United States Department of.State Washington, D,C. 20520 August 22, 2003 SENSITIV2__BUT UNCLASSIFIED

MEMORANDUM FOR MR. DANIEL MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBJECT: National Commission on Terrorist Attacks Upon the United States request for Documents This is in reply to your letter of August 15, requesting a list containing the following information: (1) the names of all Department personnel (current and former) who issued visas to any of the nineteen 9/11 hijackers; (2) for each official, the name of the hijacker, classification of the visa, and date of issuance; (3) the post where each visa was issued; and (4) the current post and assignment for each official. s

In your letter, you agree that you "will not publicly disclose the names of these officers, in its report or otherwise, without prior agreement by the Department". The attached document is responsive to your request. We are providing this information under the terms agreed upon by the Commission, Although this material is not classified in and of itself, its designation as "Sensitive But Unclassified" requires special handling. Therefore we request that this information be protected from unauthorized disclosure.

SENSITIVE BUT UNCLASSIFIED

NO.024

SENSITIVE BUT UNCLASSIFIED -2-

We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Hofmann Executive Secretary

Attachiaents: 1. State Department documents

2.

Incoming Request

SENSITIVE BUT UNCLASSIFIED

P.10/11

200320787

botfl* -

United States Department of State Washington, D.C. 20520 August 22, 2003 SENSITIVE BUT UNCLASSIFIED

MEMORANDUM FOR MR. DANIEL MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents

This is in reply to your letter of August 15, requesting a list containing the following information: (1) the names of all Department personnel (current and former) who issued visas to any of the nineteen 9/11 hijackers; (2) for each official, the name of the hijacker, classification of the visa, and date of issuance; (3) the post where each visa was issued; and (4) the current post and assignment for each official. In your letter, you agree that you "will not publicly disclose the names of these officers, in its report or otherwise, without prior agreement by the Department". The attached document is responsive to your request. We are providing this information under the terms agreed upon by the Commission. Although this material is not classified in and of itself, its designation as "Sensitive But Unclassified" requires special handling. Therefore we request that this information be protected from unauthorized disclosure.

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED

-2We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofmann Executive Secretary

Attachments: 1. State Department documents 2. Incoming Request

SENSITIVE BUT UNCLASSIFIED

Date of Item

Type

Document Request / Item*

Doc#

From

Subject

To

Agency ID Number

Location

Response to letter to DOS dated 8/15/03 requesting names of all Department personnel (current and former) who issued visas to any 03004684 Hofmann, Karl Marcus, Daniel of the nineteen hijackers

GSA

03004685 Hofmann, Karl Eldridge, Tom

Response to DOS Document Reqyfest No. 2

GSA

08/22/03

RDOS

08/21/03

RDOS

2

undated

RDOS

2,4

03004686

Statement from Embassy Berlin

GSA

undated

RDOS

2,5

03004687

Statement from Berlin; embassy website page; memorandum dated 11/18/02

GSA

undated

RDOS

2,5

03004688

Index

GSA

undated

RDOS

2,5

03004688A

Documents from Embassy Riyadh: U.S. Visa Express Program Agent Manual (Winter 2001 -2002)

GSA

undated

RDOS

2,5

03004688B

Documents from Embassy Riyadh: Memorandums of Understanding Between Vice Consul and Saudi Travel Agencies

GSA

undated

RDOS

2,5

03004689

Index

GSA

undated

RDOS

2,5

03004689 A

CLASSIFIED MATERIAL

GSA

undated

RDOS

2,5

03004689B

CLASSIFIED MATERIAL

GSA

Updated August 21, 2003

Date of Item

Type

Document Request / ltem#

undated

RDOS

2, 10

03004690

undated

RDOS

2,10

undated

RDOS

undated

Doc#

From

To

Subject

Agency ID Number

Location

Index

GSA

03004690A

Public Notice: Machine Readable Visa Fee

GSA

2, 10

03004690B

Federal Register Notice dated May 16, 1994

GSA

RDOS

2,10

03004690C

Federal Register Notice dated May 19, 1994

GSA

undated

RDOS

2,10

03004690D

Federal Register Notice dated December 1, 1997

GSA

undated

RDOS

2,10

03004690E

Federal Register Notice dated March 28, 2002

GSA

undated

RDOS

2,10

03004690F

Federal Register Notice dated May 16, 2002

GSA

undated

RDOS

2,10

03004690G

Federal Register Notice dated October 9, 2002

GSA

undated

RDOS

2, 13

03004691

Index

GSA

undated

RDOS

2,13

03004691 A

01 State 21 81 1 3, Mandatory use of MrP's for Visa Waiver Travel 20 Dec 2001

GSA

Updated August 21, 2003

Type

Document Request / Item #

Doc#

undated

RDOS

2,13

03004691 B

02 State 187180, Border Security Act -- Host Government Views on USG Fingerprinting of Its Citizens 26 Sep 2002

GSA

undated

RDOS

2, 13

03004691 C

03 State 160834, Machine-Readable Passport Required for all visa Waiver Travelers Beginning October 1 , 2003 1 2 Jun 2003

GSA

undated

RDOS

2.13

03004691 D

03 State 161093, October 1 , 2003, Deadline for Machine-Readable Passports in Countries Participating in the Visa Waiver Program

GSA

undated

RDOS

2,19

03004692

Index

GSA

undated

RDOS

2,19

03004692A

CLASSIFIED MATERIAL

GSA

Date of Item

From

To

Subject

Agency ID Number

Location

Updated August 21, 2003

S/S 20031628 United States Department of State Washington, D.C. 20520

AU9USt 28' 2003 SENSITIVE BUT UNCLASSIFIED

/\ A tO

MEMORANDUM FOR MR. DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents (Request for Documents Request No. 2)

This is in further reply to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the fourth installment of documents responsive to your request No. 2. This material relates to question No. 14. Additional installments will be provided as we complete our search and review of material. Although the material is not classified in and of itself, its designation as "Sensitive But Unclassified" requires special handling. Therefore, we request that all of these documents be protected from unauthorized disclosure. We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

/ Karl Hofmann Executive Secretary

Attachments: 1. Incoming Request SENSITIVE BUT UNCLASSIFIED

Date Logged

Date of Item

08/28/03

Type

Document Request / ltem#

2, 14

RDOS

2,14

RDOS

09/02/03

RDOS

09/02/03

02/27/03

09/02/03

12/19/02

09/02/03

12/05/02

09/02/03

12/18/02

09/02/03

01/23/03

09/02/03

1 1/25/02

09/02/03

11/25/02

09/02/03

11/20/02

09/02/03

2

2, 14

RDOS

2, 14

RDOS

2, 14

RDOS

2, 14

RDOS

2,14

RDOS

2,14

RDOS

2, 14

RDOS

Doc#

From

To

Subject

Agency ID Number

National Commission on Terrorist Attacks Upon the United States 03005561 Hofmann, Karl Marcus, Daniel request for documents (request for document request No. 5)

03005561 A

Location

GSA

GSA

Index: Program Announcements from PRM

03005562

03005563

03005564

03005565

GSA

Form I-688B: Employment Authorization Cards (EACs)

GSA

AOR's for Angola and Sierra Leone: Filing Deadline

GSA

USRP Policy on Resettling Unaccompanied Refugee Minors (URM)s

GSA

Guidelines for Requesting and Processing Expedited Assurances

03005566

GSA

Procedures for handling RVU cases

03005567

Processing of USRP applicants in Cote d'lvoire

3rocedures

03005568

GSA

for handling remaining AOR backlog issues

GSA

Program Announcement memo, "Consular Officers Informed of Change in Travel Packets with WRAPS

03005569

GSA

9r

Updated Augu»* 30, 2003

Date Logged

Document Request / ltem#

2, 14

RDOS

2,14

RDOS

03/28/02

2, 14

RDOS

05/07/02

2,14

RDOS

09/02/03

2, 14

RDOS

12/05/02

09/02/03

2, 14

RDOS

05/22/03

09/02/03

2,14

RDOS

04/21/03

09/02/03

2,14

RDOS

02/28/03

09/02/03

Type

Date of Item

RDOS

01/17/03

09/02/03

RDOS

01/17/03

09/02/03

10/22/02

09/02/03

09/02/03

09/02/03

2, 14

2,14

Doc#

From

To

03005570

Subject

Agency ID Number

SAOs and Prescreening Earlier

03005571

03005572

03005573

Location

GSA

GSA

SOP for DNA processing in refugee cases

GSA

FY 01 and FY 02 Posts - INS RAVU cases

Affiliate and Suboffice closing procedures

03005574

GSA

Index: Cables from PRM

03005575

03005576

GSA

GSA

02 State 58983 Instructions for Processing Visa 93 Caes (following to join refugees) ALDAC

GSA

02 State 86409 Refugee Processing: Embassy Referrals ALDAC

02 State 207978 Presidential Determination for FY 2003 refugee admissions ALDAC

03005577

GSA

03 State 15910 Fingerprinting refugees in accordance with guidelines for processing NCIC hits telegram to Amman

03005578

GSA

03 State 1 5670 Fingerprinting refugees in accordance with guidelines for processing NCIC hits telegram to Amman

03005579

GSA

Updated Augur* ^0, 2003

Date Logged

Date of Item

04/10/02

09/02/03

04/23/02

09/02/03

03/28/02

09/02/03

03/03/03

09/02/03

03/06/02

09/02/03

1 1/23/01

09/02/03

1 1/23/01

09/02/03

11/16/02

09/02/03

08/27/02

09/02/03

05/24/02

09/02/03

Type

RDOS

RDOS

RDOS

RDOS

RDOS

RDOS

RDOS

RDOS

RDOS

RDOS

Document Request / Item*

2,14

2, 14

2, 14

Doc#

From

To

Subject

02 State 163964 National Crime Information Center (NCIC) data in CLASS: Revised Guidance: Processing NIV cases with NCIC hits telegram

03005581

01 State 202328 New Security Procedures Required for Refugee Processing ALDAC

03005584

2,14

01 State 202316 Presidential Determination for FY 2002 Refugee Admissions ALDAC

03005583

2,14

Location

GSA

GSA

GSA

GSA

GSA

02 State 43737 FY 2002 Refugee Admissions Processing Guidelines ALDAC

GSA

03 State 55583 Fingerprinting Visa 93 Cases in Accordance with Guidelines for Processing NCIC Hits ALDAC

03005586

GSA

02 State 59104 Deferred Travel for SAO Approved Refugee Cases telegram

03005587

03005588

2, 14

Agency ID Number

02 State 101769 National Crime Information Center (NCIC) Data in CLASS: Processing NIV Cases with NCIC hits telegram

03005580

02 State 232906 Visa 93 Security Advisory Opinion Requests ALDAC

03005582

03005585

2,14

2,14

2,14

03005589

2, 14

GSA

02 State 66362 Refugee Processing and Consular Section Assistance telegram to Accra

GSA

02 State 68395 Rescinding Travel Deferral of SAO Approved Visa 92, Visa 93, Visa 1 1 and Refugee Cases ALDAC

GSA

Updated AugL'r* 30, 2003

|

Date Logged

Date of Item

10/25/02

09/02/03

04/04/02

09/02/03

08/30/02

09/02/03

Type

RDOS

RDOS

RDOS

Document Request / Item*

2, 14

2,14

2, 14

DOC#

From

To

Subject

Agency ID Number

02 State 1 67385 National Crime Information Center (NCIC) Data in CLASS: Revised Guidance: A-1 , A-2, G-1 through G-4, NATO-1 through NATO-6 Applicants ALDAC

03005590

Location

GSA

02 State 63440 Deferred Travel for SAO Approved Visa 92, Visa 93, and Refugee Cases ALDAC

03005591

03005592

GSA

GSA

02 State 21 1 880 Worldwide Priority System for FY 2003 ALDAC

Updated Augy** ^0, 2003

t

S/S 200316281/11

United States Department of State Washington, D.C. 20520 August 2 9 , 2003 (UNCLASSIFIED When Separated from Attachments]

MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents (Request for Documents Request No. 2)

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the fifth installment of documents in response to the Commission's request No. 2, specifically item numbers 7, 11, 14, 17 and 18. This installment consists of the following: memoranda to "7th Floor" principals discussing policy priorities with respect to the issuance of visas; summaries of consular packages; 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; and documents summarizing briefings for consular officers instituted after 9/11/01 on counter-terrorism, document fraud, and the CLASS system. Additional installments will be provided as we complete our search and review of materials. •-**• Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that the information will be given protection equivalent to that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access to the material and that it be protected by applying standards at least as stringent as E.G. 12958 on the handling of classified information. Although some material is not classified, the designation "Sensitive But Unclassified" requires special handling.

[UNCLASSIFIED When Separated from Attachments]

SECRET(UNCLASSIFIED When Separated from Attachments) -2Therefore, we request that all these documents be protected from unauthorized disclosure. We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofm^rnn Executive Secretary Attachments: Tab 1 -

Documents Responsive to Document Request No. 2, Questions 7, 11, 14, 17 and 18 Tab 2 - Incoming Request

SECRET (UNCLASSIFIED When Separated from Attachments)

SECRET

Updated August 28, 2003

3005602 Hofmann, Karl

09/03/03

08/29/03

RDOS

09/03/03

undated

RDOS

2,7

3005603

09/03/03

02/25/03

RDOS

2,7

3005603A

09/03/03

04/14/03

RDOS

2,7

09/03/03

RDOS

|

Marcus, Daniel Response to DOS Document Request No. 2

GSA

Index of documents in response to Document Request No. 2, Item 7

GSA

03 Beirut 556 FY 2002 Consular Package Narrative

GSA

3005604

03 Riyadh 2008 FY 2002 Consular Package Narrative

GSA

2,11

3005605

j Index of documents in response to Document Request No. 2, Item 11

GSA

09/03/03

01/21/03

RDOS

2, 11

3005605A

NSEERS/Visas Condor: Improving State-DOJ-DHS Policy Coordination

GSA

09/03/03

01/09/03

RDOS

2,11

3005606

NSEERS Final Domestic Tranche and Deadline Extension

GSA

09/03/03

12/08/02

RDOS

2, 11

3005607

NSEERS Fax from Attorney General

GSA

09/03/03

12/18/02

RDOS

2, 11

3005608

NSEERS Domestic Phase Group 3 Difficulties

GSA

I

SECRET

Updated August 28, 2003

09/03/03

12/12/02

RDOS

2,11

3005609

Indonesia and Revisions to Visas Condor

09/03/03

11/19/02

RDOS

2,11

3005610

Lunch with DAG Thompson

GSA

09/03/03

11/15/02

RDOS

2, 11

3005611

NSEERS Domestic Phase Implementation

GSA

09/03/03

11/01/02

RDOS

2,11

3005612

09/03/03

10/30/02

RDOS

2, 11

3005613

Letter to DOJ re State's Recommendations for Roll-out of Domestic Phase of NSEERS

GSA

09/03/03

09/11/02

RDOS

2, 11

3005614

Indonesia and Revisions to Visas Condor Criteria

GSA

09/03/03

08/01/02

RDOS

2,11

3005615

Visas Condor: State-Justice Gap on Adding Criteria Countries

GSA

09/03/03

07/27/02

RDOS

2,11

3005616

Your Telephone Call with DAG Thompson

GSA

09/03/03

05/21/02

RDOS

2,11

3005617

Interagency Meeting on Visas Condor

GSA

- - - - - -

GSA

GSA

--

SECRET

Updated August 28, 2003

09/03/03

05/01/02

RDOS

2,11

3005618

Meeting with the President on DOJ's Alien Registration Pilot Initiative

GSA

09/03/03

undated

RDOS

2,14

3005619

Index of documents in response to Document Request No. 2, Item 14

GSA

09/03/03

03/06/02

RDOS

2, 14

3005619A

02 State 43737 FY 2002 Refugee Admissions Processing Guidelines

GSA

09/03/03

03/07/03

RDOS

2,14

3005620

03 Rangoon 305 Questions on Following-To-Join Asylum Processing in Rangoon

GSA

09/03/03

06/12/03

RDOS

2,14

3005621

03 Damascus 3046 Embassy Damascus' Experience with a 100 PCT Visa Interview Policy

GSA

09/03/03

11/10/01

RDOS

2, 14

3005622

( C) 01 State 19355 Interim Special Clearance Procedures for Certain Nonimmigrant Visa Applicants

GSA

09/03/03

11/02/01

RDOS

2,14

3005623

( C) 01 Asuncion 1503, Security Advisory Opinion Reqeust

GSA

GSA

GSA

|

09/03/03

09/10/02

RDOS

2,14

3005624

( C) 02 State 173747 Missile Technology Control Regime (MTCR): US Paper on Visas and Intangible Technology Transfers

09/03/03

08/28/02

RDOS

2, 14

3005625

(C) 02 Madrid 3017 Survey of Non-Immigrant Visa Issuance Policies - Madrid, Spain

I

SECRET

Updated August 28, 2003

09/03/03

08/27/02

RDOS

2, 14

3005626

( C) 02 Santo Domingo 3188 Survey of Non-Immigrant Visa Issuance Policies

S

GSA

S

GSA

i i

09/03/03

08/20/02

RDOS

2,14

3005627

( C) 02 Montreal 1033 Survey of Non-Immigrant Visa Issuance Policies

09/03/03

06/23/01

RDOS

2, 14

3005628

01 State 109933 Summary of Special Processing Requirements

GSA

09/03/03

06/09/00

RDOS

2,14

3005629

00 State 109673 Summary of Special Processing Requirements

GSA

09/03/03

05/31/00

RDOS

2,14

3005630

00 State 102840 S0001301 Processing Politically Sensitive Visa

GSA

09/03/03

01/24/00

RDOS

2, 14

3005631

00 State 13163 Chechen Parliamentarian Requests Meeting in Paris and US Visa

GSA

09/03/03

11/03/99

RDOS

2, 14

3005632

99 State 207656 Processing Crew List Visas

GSA

09/03/03

02/10/99

RDOS

2, 14

3005633

99 State 25434 Summary of Recent Changes to Special Processing Requirements

GSA

09/03/03

02/23/98

RDOS

2,14

3005634

98 Belfast 0079 Visa Exclusion Waiver Policy - Belfast Information on Sinn Fein Applicants

j GSA

SECRET

Updated August 28, 2003

Index of documents in response to Document Request No. 2, Item 17

GSA

02 State 196705 NEA Press Guidance

GSA

3005636

97 State 220546 Fraud Digest, Number 97-9

GSA

2,18

3005637

| Index of documents in response to Document Request No. 12, Item 18

GSA

2,18

3005637A

02 State 148484 WHA Guidance

GSA

09/03/03

undated

RDOS

2,17

3005635

09/03/03

10/07/02

RDOS

2,17

3005635A

09/03/03

11/21/97

RDOS

2,17

09/03/03

undated

RDOS

09/03/03

08/02/02

RDOS

!

S/ES

200316281/14

o*>00M° 7

United States Department of State Washington, D.C. 20520

September 3, 2003

UNCLASSIFIED when separated from attachments MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents Request No. 2

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the sixth installment of documents in response to the Commission's Request No. 2, specifically items number 25, 11-14, 16 and 18.. This installment consists primarily of cables and memoranda. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access to the material and that it be protected by applying standards at least as stringent as E.O. 12958 on the handling of classified^ information. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

SECRET UNCLASSIFIED when separated from attachments

UNCLASSIFIED when separated from attachments 2 We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofmann Executive Secretary Attachments: 1. Documents Responsive to Request No. 2, specifically questions number 2-5, 11-14, 16 and 18. 2. Incoming request.

•SECRET" UNCLASSIFIED when separated from attachments

S/S 200322440 XR 200316281

United States Department of State Washington, D.C. 20520 www.state.gov September 4, 2003

UNCLASSIFIED when separated from attachments MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents Request No. 2

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. At the Commission's request, we are sending copies of the cables previously provided to the Commission in response to Request No. 2, question 13, because drafting and clearing information had been excised. The attached cables are complete and not redacted. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access to the material and that it be protected by applying standards'" at least as stringent as E.O. 12958 on the handling of classified information. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

lUblillA-L/NOFOW UNCLASSIFIED when separated from attachments

We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

r^ikA^ • Karl Hofmann Executive Secretary Attachments: 1. 17 Documents Responsive to Request No. 2, Question Number 13. 2. Incoming request.

GQNFTDENTIMr/NOFORN UNCLASSIFIED when separated from attachments

S/ES 200322572

XR: 200316281

United States Department of State Washington, D.C. 20520 www.state.gov September 5, 2003

UNCLASSIFIED when separated from attachments

'". . . - MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents Request No. 2

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the seventh installment of documents in response to the Commission's Request No. 2, specifically answers to questions number 3, 8, 9, 11, 12, 17 and 18. This installment consists of 86 documents, including cables, memoranda, and certain sections of the FAM. Additional installments will be provided as we complete our search and review of materials. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access "to the material and that it be protected by applying standards at least as stringent as E.O. 12958 on the handling of classified information. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

'-SECRCT/NOFORN UNCLASSIFIED when separated from attachments

We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofmann Executive Secretary Attachments: 1. 86 Documents Responsive to Request No. 2, Questions Number 3, 8, 9, 11, 12, 17 and 18 2. Incoming request.

UNCLASSIFIED when separated from attachments

9/11 Commission Document Request No. 2

3. All memoranda having to do with issuance of visas to the 9/11 hijackers. 1. Secret memorandum #200120265 2. Packet of data on 9/11 hijackers, including bio information spreadsheet, Consular Consolidated Database records, and copies of visa applications.

WITHDRAWAL NOTICE

Series: Team 5 Files Folder: Copies of Document Requests and Response Letters from Agencies, File 1 (1 of 3) Date: n.d. Pages: 11 Description: Index of Documents to the 9/11 Commission from the Department of State, Case No. S200300004 Reason for withdrawal: classification review pending

Box 24 Withdrawn by: K.M., 01/12/2009

DC

OCUMENT REQUEST NO. 2

1.

^^^B^^^M^^M^i^lMl^^yPmPiKS^HMi^SmH^l^^^^^^^fflHiil^^SBi

HMI^^^Hli •SS^I^^PBmsfflff™^ JW"CT!J| ^3fti^WTmsBBi!.Sii!iB8sBiP

All materials provided by the State Department to the Joint Inquiry. 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 report: Border Security: Visa Process Should be Strengthened as an Antiterrorism Tool, October 2002, GAO-03-132NI

Good (8/22) Complete (8127 MES) Unclear(8/22) No idea what these docs are and under which other requests we could locate (8/27 MES)

3.

Copies of all visa applications (not redacted) and any supporting documents, including information contained in computer databases, for all the 9/1 1 hijackers+

Good, but the documents are redacted(8/22)

4.

All memoranda having to do with issuance of visas to the 9/11 hijackers.

5.

Unclear(8/22) Unable to determine whether included in JI material Okay(8/22) AH corres. Redacted and recent

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 Annual statistical summaries and analyses of visa Good(8/22) applications (including for third-country national VO Reports through 2000 applicants), average processing times, categories of visas, will we get other info? By refusals, and reasons for refusals (statutory provisions) for some other means? (8/27 the period from 1995 through 2003 for Riyadh, Jeddah, MES) Berlin, Dubai, and Abu Dhabi posts

2.

6.

7. 8.

Annual Reports of the Visa Office, and worldwide summary consular packages for the period 1990-2003 Documents setting forth the State Department's budget requests overall and for Consular Affairs, Diplomatic

SilHi^BiBiKBSillaBHSBBre

We believe we have received all these materials State has responded that they are providing nothing under this question because they provide all these documents pursuant to other requests, but we believe there are responsive documents we have not yet received pursuant to any request. (8/22) State should provide us with unredacted documents. (8/22) No longer necessary due to receiving info on officers. State says there are none not provided elsewhere, but we are skeptical (8/22) We have only received cables beginning in August 2001. We believe there must be earlier cables seeking approval for this program. (8/22) These documents are at K street. We should get a copy for GSA. (8/22)

Good(8/22)

We have these at GSA(8/22)

Good(8/22)

They produced both budget documents and charts summarizing

*n

6.

9.

10.

11.

12.

13.

14. 15. 16.

V 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 Documents describing the State Department's Border Security Program for the period fiscal years 1995-2004, including resources devoted to the program, clearance processes, and automated consular system support. Documents memorializing establishment and subsequent fee revisions of the machine readable visa (MRV) program, MRV fee, and related automation

___

isiiijs&yL^^

the data. (8/22)

Good(8/22) Completed (8/27 MES)

See above. (8/22)

Poor(8/22)

JWe have received no documents. 1(8/22) We have received Fed. Reg. notices but no memo (8/27 MES). We have received no documents. This was one of the Key Overdue Documents ^categories listed in our update for August 22, 2003-1 (8/22) In Marcus' Aug 26 memo to DOS (8/27 MES) We have received no documents. (8/22)

Memoranda to "7th Floor" principals, for the period 1993 Poor(8/22) to 2003, discussing policy priorities guidance 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 Documents, including memoranda, cables, and portions of Poor(8/22) 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 Documents issued since the inception of the Visa Waiver Okay(8/22) 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. Policy guidance sent to posts after 9/11/01 setting forth Okay(8/22) changes to visa and refugee policy and procedures as a Redacted cables (827 MES) result of the events of 9/1 1/01 All blank visa and refugee application forms used by posts Good(8/22) and instructions to the field introduced after 9/11/01 Only Visa (8/27 MES) Documents describing efforts by State, alone or on an Poor(8/22) interagency basis, since 9/1 1/01, to reassess visas issued Nothing (8/27 MES) prior to 9/1 1/01 in order to determine whether any such

We have received only redacted cables and no linternall memoranda. (8/22) (8/27 MES) We have received only cables (all redacted) and no internal memoranda. (8/22) (8/27 MES) We have the forms and guidance. (8/22) We have received no documents. (8/22)

17.

18.

19.

visas had been issued to terrorist-affiliated aliens Documents summarizing training initiatives or briefings for consular officers instituted after 9/11/01 on counterterrorism, document fraud, and the CLASS system Documents setting forth policies and procedures implementing the Enhanced Border Security and Visa Entry Reform Act of 2002 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

Good(8/22) Complete (8/27 MES)

We received many documents on this topic. (8/22)

Unclear(8/22)

We have received only one cable on this topic. (8/22) 1 cable; no memos; cable redacted (8/27 MES) We received cables only, and no internal memoranda(8/22) Redacted cable only thru 2002; nothing from FAM nor Handbook

Okay(8/22)

200322804 United States Department of State Washington, D.C.

20520

September 15, 2003

(UNCLASSIFIED when separated from classified attachments) MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents Request No. 2

This is in further response to the National Commission on Terrorist Attacks Upon the United States' second request for Department of State documents. Attached is the eighth installment of documents in response to the Commission's Request No. 2, specifically answers to questions number 1, 10, 11, 13, 14 and 16. This installment consists of 68 classified and unclassified documents, primarily cables and memoranda. Additional installments will be provided as we complete our search and review of materials. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that the information will be given protection equivalent to that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access to the material and that it be protected by applying standards at least as stringent as E.G. 12958 on the handling of classified information. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

-SECRET/NOFORN (UNCLASSIFIED when separated from classified attachments)

(UNCLASSIFIED when separated from classified attachments) 2 We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.



Karl HofAjann Executive Secretary

Attachments: 1. Incoming request. 2. Documents Responsive to Request No. 2, Items Number 1, 10, 11, 13, 14 and 16.

(UNCLASSIFIED when separated from classified attachments)

S/S 200325525 XR 200316281 United States Department of State Washington, D.C. 20520 October 15, 2 0 0 3

SECRBT/NOFORN (UNCLASSIFIED when separated from classified attachments) MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents (Request for Documents No. 2)

This is in response to the National Commission on Terrorist Attacks Upon the United States' second request for Department of State documents. To the best of our knowledge, we have completed our search and review of documents in response to the Commission's second request. Attached is the tenth and likely final installment of materials in response to this request. The attached documents are specifically responsive to items 3-6, 14 and 17. This installment consists of 174 classified and unclassified documents. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that the information will be given protection equivalent to that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access to the material and that it be protected by applying standards at least as stringent as E.O. 12958 on the handling of classified information. Additionally, some of the material in this installment contains information that is protected from disclosure under Section 222 (f) of the Immigration and Nationality Act, 8 U.S.C. 1202(f), and, in accordance with that law, may only be used for the "formulation, amendment, administration, or enforcement of the immigration, nationality, or other laws of the United SEGRET/NOFQRN (UNCLASSIFIED when separated from classified attachments)

(UNCLASSIFIED when separated from classified attachments) 2 States." Therefore, we request that the Commission protect all of the attached documents from unauthorized disclosure. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore, we request that all of these documents be protected from unauthorized disclosure as well. We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofmann Executive Secretary Attachments: Tab 1 - Incoming Request Tab 2 - Documents Responsive to Request No. 2, Items 3-6, 14 and 17.

(UNCLASSIFIED when separated from classified attachments)

DOS DOCUMENT REQUEST NO. 4 Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Max Cleland 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 ofNIV Issuance 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 Visa-Issuing Process Phase I: Circumstances Surrounding the Issuance of Visas to Sheik Omar AH 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 TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-l lcommission.gov

DOS Document Request No. 4 Page 2 measures concerning these matters, from September 11, 2001 through September 20, 2001. 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;

DOS Document Request No. 4 ^Page 3 b. signed by the Assistant Secretary for Consular Affairs; or c. signed by the Assistant Secretary for Legislative Affairs. 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 TEPOFF 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

DOS Document Request No. 4 Page 4 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 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.

DOS Document Request No. 4 PageS 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. 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.

DOS Document Request No. 4 Page 6 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. July 25, 2003

Daniel Marcus General Counsel

United States Department of State and the Broadcasting Board of Governors Inspector General

August 8, 2003

Mr. Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW Third Floor Washington, D. C. Dear Mr. Marcus: In response to your Department of State Document No. 4 request, the Office of Inspector General (OIG) is hereby transmitting to you copies of the following documents: 1) Documents created pursuant to OIG's report, OIG Review of Nonimmigrant Visa Issuance Policy and Procedures, ISP-I-03-26, December 2002, including its classified annex on the visa vipers process (Paragraph l(a) of your request); 2) Documents created pursuant to OIG's report, Review of the Issuance of Visas, ISP-CA-03-27, March 2003 (Paragraph l(a) of your request); 3) Compliance memorandum prepared in connection with OIG reviews of the issuance of non-immigrant visas from 1994 through 2003 (Paragraph l(c) of your request); 4) Inspector General semi-annual reports to Congress for the period from 1994 through 2003 (Paragraph l(d) of your request). hi addition to the semi-annual reports, a total of 292 documents are being transmitted with this letter. Consistent with OIG and Department of State practice, we ha,Y£ referred 216 responsive documents that did not originate with OIG but rather with other Department entities to the Department for their review and direct release to you. We are still processing the documents created and collected pursuant to OIG's investigation of the issuance of visas to Sheik Omar Abdel Rahman, OIG Review of the Visa-Issuing Process Phase I: Circumstances Surrounding the Issuance of Visas to Sheik Omar Ali Ahmed Abdel Rahman 4-CI-007 March 1994. (Paragraph 1 (b) of your request.) We have retrieved two boxes of documents and expect to be able to provide them to you by the week of August 18. hi addition, we are still collecting additional compliance

Address correspondence to:

U.S. D e p a r t m e n t of S t a t e , Office of Inspector General, Washington, D.C. 20520-681"

-2documents prepared in connection with OIG reviews of the issuance of non-immigrant visas. We anticipate that we also will be able to provide these to you by the week of August 18. As we have discussed, a number of the documents being released to you reflect sensitive, confidential interviews and conversations between OIG inspectors and Department employees. Our assurances of confidentiality are vital in facilitating frank and candid communications between Department employees and the OIG regarding a range of issues and problems facing the Department. As such, maintenance of confidentiality is essential to our ability to accomplish our mission. Accordingly, it is our understanding that you have agreed to extend our assurances of confidentiality by not disclosing the identities of these individuals in any publicly issued report or other public, unclassified forum. If you have any questions, please feel free to contact me, or you may have your staff contact Tamara Gelboin, OIG Office of Counsel, at (202) 647-9450.

Sincerely,

Anne Signiurid Acting Inspector General

Enclosures: As Stated Cc: S/ES-KHofmann

200320216 XR 2 0 0 3 1 9 4 4 6 United States Department of State Washington, D.C. 20520 August 8, 2 0 0 3 •-SB6RBT"SENSITIVE BUT UNCLASSIFIED When Separated from Classified Attachments MEMORANDUM FOR MR. TOM ELDRIDGE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States request for Documents (Request for Documents Request No. 4)

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the first installment of documents in response to the Commission's fourth request for documents, specifically question number three. This installment consists of classified and unclassified State Department consular handbooks and other reference materials. Additional installments will be provided as we complete our search and review of material. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that the information will be given protection equivalent to that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of your staff be granted access to the material and that it be protected by applying standards at least as stringent as E.G. 12958 on the handling of classified information. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

•SECRET SENSITIVE BUT UNCLASSIFIED When Separated from Classified Attachments

SENSITIVE BUT UNCLASSIFIED When Separated from Classified Attachments -2-

We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofmann Executive Secretary

Attachments: Documents Responsive to Document Request Number 4, Question Three: a. Best Practices Handbook b. Consular Management Handbook c. Appendix A (Classified) to the Visa FAM d. Standard Operating Procedures e. INS Forms - Not applicable Incoming Request

SENSITIVE BUT UNCLASSIFIED When Separated from Classified Attachments

9/11 Commission Document Request No. 4

3. State Department Consular Reference Materials. 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. CA has no documents that are responsive to this request.

DOS DOCUMENT REQUEST NO. 4 Thomas H. Kcan CHAIR

Lee H. Hamilton VICE C H A I R

Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Got click Slade Gorton John Lehman Timothy J. Roemer James R. Thompson Philjp D. Zelikow

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 ofNIV Issuance 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 Visa-Issuing Process Phase I: Circumstances Surrounding the Issuance of Visas to Sheik Omar AH 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. -oV»

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 TEL (202)331-4060 FAX (202) 296-5545 http://www.9-11commission.gov

DOS Document Request No. 4 Page 2 measures concerning these matters, from September 11, 2001 through September 20, 2001. 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;

DOS Document Request No. 4 Page 3 b. signed by the Assistant Secretary for Consular Affairs; or c. signed by the Assistant Secretary for Legislative Affairs. 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

DOS Document Request No. 4 Page 4 d. the TEPOFF entries (names, aliases, date of birth, place of birth, passport number, passport country) for all TPOFF true hits for Islamic extremist terrorists generally, and al Qa'ida specifically, from 1993 to the present, indicating those to whom visas 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 1 1, 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 .-_w 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. 1 8. 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 1 998 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.

DOS Document Request No. 4 Page 5 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. 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«ach; 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.

DOS Document Request No. 4 Page 6 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. July 25, 2003

Daniel Marcus General Counsel

United States Department of State and the Broadcasting Board of Governors Inspector General

™ Daniel n • i Marcus AA Mr. General Counsel National Commission on Terrorist Attacks Upon the United States 2100K Street, NW Third Floor Washington, DC Re:

AUG 2 0 2003

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Department of State Document Request No. 4

Dear Mr. Marcus: As indicated in our August 8, 2003 letter to you, we have now completed our collection and review of Office of Inspector General (OIG) documents responsive to the abovereferenced document request. Accordingly, we are hereby transmitting to you copies of the following documents: 1) Documents created pursuant to OIG's report, OIG Review of the Visa-Issuing Process Phase I: Circumstances Surrounding the Issuance of Visas to Sheik Omar AH Ahmed Abdel Rahman, 4-CI-007, March 1994 (Paragraph l(b) of your request); 2) Compliance Reports prepared in connection with OIG reviews of the issuance of non-immigrant visas from 1994 through 2003 (Paragraph l(c) of your request). A total of 286 documents are being transmitted with this letter. Consistent with OIG and Department of State practice, we have referred 569 responsive documents that did not originate with the OIG to the Department for their review and direct release to you. Of these, 493 originated with other Department entities and 76 originated with other agencies. If you have any questions, please feel free to contact me, or you may have your staff contact Tamara Gelboin, OIG Office of Counsel, at (202) 647-9450. Sincerely,

j

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und Acting Inspector General

Enclosures (as stated)

Address correspondence to: U.S. Department of State, Office of Inspector General, Washington, D.C. 20520-6817

Date Logged

Date of Item

Type

Document Request / ltem#

Doc*

From

To

Subject

Agency ID Number

Location

08/25/03

08/20/03

RDOS

4

08/25/03

undated

RDOS

4,1 b

03004740

Tanche titled Confidential Administrative Files Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004741

Tranche titled Confidential INS Files Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004742

Tranche titled Classified Cairo Docummyd Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004743

Tranche titled Cable Traffic Collected for Visa Review

GSA

08/25/03

undated

RDOS

4, 1b

03004744

Tranche tilled Secret Interviews Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004745

Tranche titled Unclassified Lookout System Documents Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004746

Tranche titled Secret Passport and Visa Applications Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004747

Tranche titled Classified Hearings and Testimony Classified Material Attached

GSA

03004748

Tranche containing documents regarding testimony by Sherman Funk on the circumstances surrounding the issuance of visas to Sheik Omar All Ahmed Abdel Rahman Classified Material attached

GSA

08/25/03

undated

RDOS

4, 1b

03004739 Sigmund, Anne Marcus, Daniel Response to DOS Document Request No. 4

"

Updated August 23, 2003

Date Logged

08/25/03

Date of Item

Type

Document Request / Item*

undated

RDOS

4, 1c

DOC#

03004749

From

To

Subject

Tranche containing documents relating to review of NIV Issuing Process, Phase II, 5-C1-004 Classified Material attached

Agency ID Number

Location

GSA

Updated Augu="3, 2003