T5 B24 Copies Of Doc Requests 2 Of 3 Fdr- Entire Contents- Dos Doc Requests- Responses- Indexes- Withdrawal Notices- Docs

S/S 200322231

XR 200319446

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

f/ .

September 3, 2003 /A SENSITIVE BUT UNCLASSIFIED 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. 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 third installment of documents in response to the Commission's fourth request specifically, item numbers 11 and 13 a, b and c. This installment consists of eight documents. 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. 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

SENSITIVE BUT UNCLASSIFIED

AX-/

SENSITIVE BUT UNCLASSIFIED

Attachments: Documents Responsive to Document Request No. 4, Question 11: a. MOU Between INR and Immigration and Naturalization Service \ b. US-Canada Terrorist Watch List Program Concept of **/ Operations; MOAA-Participation with Department of State in Providing TIPOFF Program Information to the Canadian Government from Community Counterterrorism Board ^, c. MOU Implementation and Use of the TIPOFF Systems of ^ *"' Records at Ports of Entry "~V d. Aide Memoire and Concept of Operations USAustralian Terrorist Watch List Program P e. MOU TIPOFF-Crime with INR, FBI, CIA and NSA 2.

3.

Documents Responsive to Question 13 a, b and c • i a. TIPOFF Terrorists and Other Felons '/b. TIPOFF Source Documents y c . Summary Report - True CLASS Hits Incoming Request

SENSITIVE BUT UNCLASSIFIED

i# S/S 20032225 XR 200319446 United States Department of State Washington, D.C. 20520

September 4, 2003

SENSITIVE BUT UNCLASSIFIED WITH TOP SECRET CODEWORD ATTACHMENT

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. 4)

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is a diskette of TOP SECRET CODEWORD documents in response to the Commission's fourth request, specifically question number 13(d). This installment consists of the TIPOFF entries and true hits as specified in the request. Because of the pairing of identifying information and affiliationr that information is classified TOP SECRET CODEWORD. 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 appropriately 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.

SENSITIVE BUT UNCLASSIFIED WITH TOP SECRET CODEWORD ATTACHMENT

SENSITIVE BUT UNCLASSIFIED WITH TOP SECRET CODEWORD ATTACHMENT

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. Diskette Responsive to Document Request No. 4, Question 13 (d) 2.

Incoming request.

SENSITIVE BUT UNCLASSIFIED WITH TOP SECRET CODEWORD ATTACHMENT

200319446 XR200322495

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

I/L. t

W^MA/

September 5, 2003 SENSITIVE BUT UNCLASSIFED 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. 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 third installment of documents in response to the Commission's fourth request, specifically documents in response to item 21a. This installment consists of 207 documents. 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, 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 SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED -2-

Attachment: Documents Responsive to Document Request No. 4, item number 2la.

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED -2-

Attachment: 1.

Documents Responsive to Document Request No. 4, item number 2la.

SENSITIVE BUT UNCLASSIFIED

Type

Document Request / Item*

09/05/03

RDOS

1,21a

03007171 Hofmann, Karl Marcus, Daniel Response to DOS Document Request No. 4 f

GSA

09/05/03

RDOS

1,21a

03007172

GSA

Date Logged

Date of Item

Doc#

From

To

Subject

Agency ID Number

Copies of alerts concerning passport and visa fraud

Updated Septemh

Location

\2003

I

S/S 200319446

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

vl / i\^^i/lC

September 5, 2003 (UNCLASSIFIED when separated from classified attachments) DECL: 1.6 XI, X6

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. 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 second installment of documents in response to the Commission's fourth request, specifically documents in response to items 1-8, 10-17, 19, and 23. This installment consists of 532 documents, primarily telegrams 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 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, its designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

S^€RBT/NOFORN/ORCO N (UNCLASSIFIED when separated from classified attachments) Classified by: Karl Hofmann, Executive Secretary E.G. 12958 Reason: 1.5, (b) and (d)

(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

Attachment: 1.

Documents Responsive to Document Request No. 4, Item numbers 1-8, 10-17, 19, and 23

SE€RB?/WOFORN/ORCOM (UNCLASSIFIED when separated from classified attachments)

Kb05 200322525 XR200319446--

United States Department of State Washington, D.C. 20520 www.state.gov September 9 , 2003 •SBCRBg/MOFOnN/ORCOML (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. 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 fourth installment of documents in response to the Commission's fourth request, specifically documents in response to items 2, 4-6, 10, 11, 13-16, 19 and 23. This installment consists of 617 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 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, its designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

(UNCLASSIFIED when separated from attachments)

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

Karl Hofma'nn Executive Secretary

Attachment: Documents responsive to Document Request No. 4, item numbers 2, 4-6, 10, 11, 13, 14, 15, 16, 19 and 23

(UNCLASSIFIED when separated from attachments)

2 0 0 3 2 2 5 26 XR200319446

United' States>T)ep£ Department of State Washington, D.C. 20520 www.state.gov

6BGRET/N6FQBM/ ORCQSL (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. 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 fifth installment of documents in response to the Commission's fourth request, specifically documents in response to item numbers 1, 2, 4, 6, 8, 10, 14 and 19. This installment consists of 273 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.O. 12958 on the handling of classified information. Although some material is not classified, its designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

(UNCLASSIFIED when separated from attachments)

SEGRBT/WOFORM / ORCON (UNCLASSIFIED when separated from attachments) -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

Attachment: Documents responsive to Document Request No. 4, item numbers 1, 2, 4, 6, 8, 10, 14 and 19

SBCRET/NOFeRS/QReQtf (UNCLASSIFIED when separated from classified attachments)

S/S 200322805 XR 200319446 United States Department of State Washington, B.C. 20520 September 15, 2003

(UNCLASSIFIED when separated from attachments) DECL: 1.6 XI, X6

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. 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 seventh installment of documents in response to the Commission's fourth request, specifically documents in response to item numbers 2-6, 12, 14 and 19. This installment consists of 150 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.O. 12958 on the handling of classified information. Although some material is not classified, its designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

3ECRET/NOFORN/ORCQN (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 Document Request No. 4, item numbers 2-6, 12, 14 and 19.

2.

Incoming request.

gECRET/NOFORi;f/ORCQ&(UNCLASSIFIED when separated from attachments)

United States Department of State Washington, D.C. 20520 September 25, 2003

(SENSITIVE BUT UNCLASSIFIED when separated from attachments)

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 (Document Request No. 4)

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. This memordanum is the ninth installment of documents in response to the Commission's "DOS Document Request No. 4." This installment consists of 2 documents whose classification requires special handling. The documents are responsive to item No. 6 of the Document Request. 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.

-SECRET/NOFORN/ORCON/ H€S— (SENSITIVE BUT UNCLASSIFIED when separated from attachments) Classified by Karl Hofmann, Executive Secretary E.O. 12958; Reason 1.5 (B) and (D)

(SENSITIVE BUT UNCLASSIFIED when separated from attachments) -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 Attachment: Index and 2 Documents Responsive to Document Request No. 4

(SENSITIVE BUT UNCLASSIFIED when separated from attachments)

DEPARTMENT OF STATE November 13, 2002

CIA Memorandum to Consular Affairs regarding Visas Condor

No date

Action Memorandum to the Deputy Secretary from EAP Assistant Secretary Kelly regarding Malaysia

200324902

XR-200323153

United States Department of State

Washington, D.C. 20520 October 2, 2003 SECRET"^ (UNCLASSIFIED when Separated from Attachments) 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.4)

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is an index of documents in response to the Commission's "DOS Document Request No. 4" that respond to items 4, 5 and 10. Because of the classification and sensitive nature of the documents listed in the attached index, they may be viewed at the State Department by the members of and staff of the Commission on the conditions that the documents remain in the possession of the State Department; notes taken during review of the documents are reasonably limited; and the views contained in the documents are not attributed to the authors in any public report issued by the Commission. Please have the appropriate Commission members contact us to arrange a convenient time to review these materials. This installment consists of 6 documents. Additional installments will be provided as we complete our search and review of materials. 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. Index of Documents. 2. Incoming Request for Documents.

(UNCLASSIFIED when Separated from Attachments]

X

200324757

XR-200319446

United States Department of State Washington, D.C. 20520 www.state.gov October 2, 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 9/11 Commission Request (S/ES No. 200319446/IPS No. 3200300007/Request No. 4

This is in further response to the National Commission on Terrorist Attacks Upon the United States' fourth request for Department of State documents. Attached is the tenth installment of documents in response to the Commission's Request No. 4, items 1 and 3. This installment consists of 132 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 only that 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.0.12958 on the handling of classified information. Document 0169 has been redacted to remove information about a lawful permanent resident that is protected under the Privacy Act.

-SE€RET/NOFORN/ORC9N — (UNCLASSIFIED when separated from attachments)

I \

vi .

(UNCLASSIFIED when separated from attachments) 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. 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. Incoming request

ORCON ( UNCLASSIFIED when separated from attachments)

200324060

XR-20031944 6

United States Department of State Washington, D.C. 20520 October 2, 2 0 0 3

(UNCLASSIFIED when separated from classified attachments) / DECL: 1.6 XI, X6 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. 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 ninth installment of documents in response to the Commission's fourth request, specifically documents in response to item number 2-6, 9, 11, 12, 14 and 19. This installment consists of 147 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. Documents WE35, WE37, WE44, WE45 and WE60 contain intelligence information.

SBeKET/NeFOMJ/ORGON/NOCONTRACT (UNCLASSIFIED when separated from classified attachments) DECL: 1.6 XI, X6

(UNCLASSIFIED when separated from classified attachments) 2 Please note that 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 States." Further, some of the material is marked "Sensitive but Unclassified" because it contains privacy information, confidential visa information, and law enforcement information. Although this material is not classified in and of itself, its designation as "Sensitive but Unclassified" requires special handling. Therefore we have requested that the Commission protect all of the attached 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 Attachment: 1.

168 Documents responsive to Document Request No. 4, item number 2-6, 9, 11, 12, 14 and 19

2.

Incoming request.

(UNCLASSIFIED when separated from classified attachments)

S/ES 20032559 6 United States Department of State Washington, D.C. 20520

UNCLASSIFIED (with SECRET attachments)

XR: 200319446

October 10, 2003

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 No. 4)

This is in further reply to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. This installment has 10 documents consisting 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 only that appropriately 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. 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 for Documents. 2. Index and 10 Documents Responsive to Request No. 4 UNCLASSIFIED (with SECRET attachments)

S/ES 200325384 United States Department of State Washington, D.C.

20520

October 10, 2003 SENSITIVE BUT UNCLASSIFIED 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. 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 twelfth installment of materials in response to this request. The documents are specifically responsive to item number 16. This installment consists of eight documents. This material is marked "Sensitive but Unclassified" because it contains security information. Although this material is not classified in and of itself, its designation as "Sensitive but Unclassified" requires special handling. Therefore, we have request that the Commission protect all of the attached 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 Hofmam Executive Secretary Attachments: 1. Documents responsive to Document Request No. 4, item number 16. 2.

Incoming request.

SENSITIVE BUT UNCLASSIFIED

Index of Documents To the National Commission on Terrorist Attacks Upon the United States Case No. S200300007 Segment EB001 Doc Date Type From

Title/Subject

(None)

MI

EB/TRA:MILLER, STEPHEN M

TRANSPORT SECURITY

EB 001

N

05/08/2003

ME

POWELL, COLIN L

YOUR ATTENDANCE AT THE G-8 EVIAN SUMMIT

EB 002

B

(None)

Ml

EB/TRA:HAYWOOD, DORIS

TRANSPORTATION SECURITY

EB 003

U

y 05/21/2002 ME

EB:WAYNE, E ANTHONY

PASS CONFERENCE CALL MAY 22

EB 004

U

'k/ (None)

None

G-8 WORKING DINNER - CHECKLIST OF ISSUES

EB 005

B

\2 ME

EB: WAYNE, E ANTHONY

G-8 TRANSPORT SECURITY UPDATE

EB 006

U

t/\)

None

UN/EDIFACT MESSAGING FORMAT AT THE G8 SUMMIT

EB 007

N

INL/PC:MICHAL, E

COMPLETION OF LYON/ROMA 25 POINT ACTION PLAN

EB 008

N

Ml

Ml 05/22/2002

MI

Mesg No

S200212368

S200220430

IPS Doc #

/& / (,

S/ES 200325596 United States Department of State Washington, D.C. 20520

UNCLASSIFIED (with SECRET attachments)

XR: 200319446

October 10, 2003

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 No. 4)

This is in further reply to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. This installment has 10 documents consisting 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 only that appropriately 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. 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 for Documents. 2. Index and 10 Documents Responsive to Request No. UNCLASSIFIED (with SECRET attachments)

United States Department of State Washington, D.C. 20520 October 21, 2 0 0 3

TOP

(SENSITIVE BUT UNCLASSIFIED when separated from attachments) DECL: 1.6X1 MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: REQUEST FOR DOCUMENTS -- NUMBER SIX (U) (SBU) This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents dated October 3, 2003. (SBU) Attached are forty-three documents meeting your request. They include five documents (nos. thirty-five through thirty-nine on the list) that commission staff requested following a briefing by TIPOFF Director John Arriza on September 30. (SBU) 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 appropriately cleared members of staff be granted access to the materials and that it be protected by applying standards at least as stringent as E.O. 12958 on the handling of classified information. (U) 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

;SENSITIVE BUT UNCLASSIFIED when separate from attachments! Classified by: Karl Hofmann, Executive Secretary Reason: E.O. 12958 1.4(c) and (d)

DOS DOCUMENT REQUEST NO. 5

Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

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

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of State ("Respondent") provide the Commission with copies of the following materials no later than September 4, 2003. 1. Copies of all documents relating to the visa applications of the individuals listed below, including all supporting documentation, and all information contained in computer databases (such as CLASS, the Consular Consolidated Database, and TIPOFF):

John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow E X E C U T I V E DIRECTOR

a. b. c. d. e. f. g. h. i. j. k.

Abderraouf Jdey Julaybib al-Ghamdi Muhammad al-Qahtani Mushabib al-Hamlan Qutaybah al-Najdi Ramzi Binalshibh Sa'ad al-Baluchi Sa'id Abdallah Sa'id al-Ghamdi Saud al-Rashid Zakaria Essabar Zuhair al-Thubaiti

The Commission requests that in instances where documents responsive to DOJ enumerated requests are acquired, received or produced subsequent to the date of this document request, that such requests are deemed continuing through March 2003. The Commission further requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, thorough means of a "rolling" production. Please provide documents organized in a manner indicating to what document request number each document is responsive. 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. TEL (202) 331-4060 FAX (202) 296-5545 www.9-llcommission.gov

DOS Document Request No. 5 Page 2 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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, 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. The Commission point of contact for this request is Tom Eldridge at (202)401-1686. August 19, 2003

Daniel Marcus General Counsel

Formatted

DOS DOCUMENT REQUST NO. 5 1.

la. Ic. Id. le. If. Ih. li. Ik.

Copies of all documents relating to the visa applications of the individuals listed below, including all supporting documentation, and all information contained in computer databases (such as CLASS, the Consular Consolidated Database, and TIPOFF): Abderraouf Jdey Julaybib al-Ghamdi Muhammad al-Qahtani Mushabib al-Hamlan Qutaybah al-Najdi Ramzi Binalshibh Sa'ad al-Baluchi Sa'id Abdallah Sa'id al-Ghamdi Saud al-Rashid Zakaria Essabar Zuhair al-Thubaiti

08/27/03

16:08

©202 647 7660

OIG/FO

United Stales D«:jiarlrn«nt of Slate and the Broadcasting Board of Governor Office

of Inspe.r.tnr

C,ftnf>rnl

AUG 2 7 2003

Mr. Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW Third Floor Washington, DC 20427 Dear Mr. Marcus: In response to your Department of Slate Document No. 5 request, the Office of Inspector General (OIG) has completed a search of its records and has determined that there are no responsive documents. If you have any questions, please feel free to contact me, or you may have your staff contact Tamara Gelboin or Judy Leader, OIG Office of Counsel, at (202) 647-9450. Sincerely,

Anne M. Sigmund Deputy Inspector General

ss correspondence to: U . S . Department of Stale. Office of Inspector General. Washington, \).('.. 20520-6HI7

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

-TOP SECRET//HUMINT//GRCON/NOFORJt— (FOR OFFICIAL USE ONLY when separate from attachment; DECL: 1.6X1

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. 5) (U)

(U) This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. (FOUO) Attached is the first installment of documents in response to the Commission's 5th request, specifically documents contained in TIPOFF databases pertaining to 11 individuals. The additional installments will be provided as we complete our search and review of materials. (FOUO) Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that afforde'd to such information within the Executive Branch. We ask that only appropriately 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. (U) 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.

(FOR OFFICIAL USE ONLY when separate from attachment; Classified by: Karl Hoffman, Executive Secretary Reason: E.O. 12958 1.5 (b)and(d)

THE SECRETARY OF STATE WASHINGTON

August 25, 2 0 0 3

Dear Mr. Chairman:

."•;.'.

Thank you for your recent letter co-signed by Vice Chairman Hamilton. The Commission's investigation into the facts and circumstances surrounding the September 11, 2001 terrorist attacks is of crucial importance to our nation. I take the Commission's requests for information from the State Department very seriously. We are working to meet these requests in the most thorough and expeditious manner possible. I have instructed my staff to give the highest priority to responding to your requests, so that the Commission can effectively complete its important task. As our country approaches the second anniversary of September 11, I look forward to our continued collaboration to assist you in your mandate. The Commission's evaluations and recommendations will provide valuable information to the American public and our government. Please be assured of my continued support for the Commission's important work. Sine

colin L. Powell

The Honorable Thomas Kean, Chair, National Commission on Terrorist Attacks upon the United States, 301 7th Street, SW, Room 5125, Washington, DC 20407.

WITHDRAWAL NOTICE

Series: Team 5 Files Folder: Copies of Document Requests and Response Letters from Agencies, Filel (2 of 3) Date: 9/17/2003 Pages: 21 Description: Memorandum from Department of State together with an Index of Documents to the 9/11 Commission from the Department of State, Case No. S200300009 Reason for withdrawal: classification review pending

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

S/S 200327085

United States Department of State Washington, D.C. 20520 October 28, 2003

UNCLASSIFIED DECL: n/a

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 Interviews

Two members of the Commission interviewed Catherine Barry, the Managing Director of the Visa Office, on October 20, 2003. In the course of the interview, Ms. Barry agreed to provide answers to some technical questions concerning nonimmigrant visas at a later date. The Department now has the appropriate information and forwards it to the Commission as an attachment to this memo. 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 Attachment: Memo concerning six questions Four Department of State telegrams Nonimmigrant Visa statistics for FY 02 and FY 03

UNCLASSIFIED

S/S 200330500

United States Department of State Washington, D.C. 20520 December 10, 2003 SENSITIVE BUT UNCLASSIFIED

MEMORANDUM FOR DAN MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: National Commission on Terrorist Attacks Upon the United States Request for Information Request This is in response to the National Commission on Terrorist Attacks Upon the United States latest request for visa records. In a November 3 e-mail message, Mr. Tom Eldrige of the Commission requested "the first visa application (granted on 4/9/99) of Salem Mohammed Salem Al Hazmi, DOB 2-2-81, Place of Birth: Mecca, Saudi passport C562647 OR 582647," which it believes is covered by the Commission's second document request. We forwarded the Commission's request to the U.S. Consulate General in Jeddah. The Consulate General in Jeddah reports that Salem Al Hazmi received a visa from them in 2001. The Commission has received copies of these records. According to the Consular Section, it was his brother, Nawaf MS Al Hazmi, who received visa record 1999093 825 2 on April 3, 1999 in Jeddah. The consular section in Jeddah, searched the Jeddah NIV and the CCD, and found that no other visas were ever issued to Salem other than the one in 2001. Please note that all visa issuance records from 1999 were destroyed at post according to policies in effect before September 11, 2001. The Al Hazmi brothers were from Mecca. They were not in the CLASS record when issued visas in 1999 or 2001. Please note the above response 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,

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED amendment, administration, or enforcement of the immigration, nationality, or other laws of the United States." Further, this should be considered "Sensitive but Unclassified" because it contains confidential visa information. Therefore, we request that the Commission protect this information 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 Attachment: Incoming request from 9-11 Commission.

SENSITIVE BUT UNCLASSIFIED

Page 1 of 1 /Villiams, Paula A From:

Tom Eldridge [teldridge@9-11 commission.gov]

Senji^ Monday, November 03, 2003 3:09 PM To

[email protected]

Cc:

[email protected]; 'Janice Kephart-Roberts'

Subject: request for additional information on hijacker records Paula I thought I would contact you since you have been our contact person on visa information requests. I do not believe that the Commission has received any data (CCD or other) on the first visa application (granted on 4/9/99) of Salem Mohammed Salem Al Hazmi, DOB 2-2-81, Place of Birth: Mecca, Saudi passport C562647 OR 582647 (I am not sure which). We would like unredacted copies of all State Department records in connection with this application. He was one of the hijackers. We did receive the CCD data and his application for his visa granted him on June 20, 2001 in Jeddah. That information probably had been collected in connection with the GAO investigation. The GAO did not include information on Hazmi's 1999 visa in their report. The earlier visa information is covered by our document request #2. Please let me know if locating and producing this information will pose any problem for State, or if you believe I should direct this request elsewhere. Thanks. -Tom

11/13/2003

S/ES 200329468 United States Department of State Washington, D.C. 20520 UNCLASSIFIED

I VWMMS^

November 24, 2003

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

This is in response to the request by the Border Security Team of the National Commission on Terrorist Attacks Upon the United States for transcripts of interviews by the House Committee on Government Reform of certain Department of State consular personnel in August, 2002. Since these are Government Reform Committee documents, we have consulted with the Committee, which agrees to our providing you with copies of them, and also with the personnel in question, who have r?o objection to this release. Given the conditions and agreements under which they were created, however, these transcripts should not be further disseminated without agreement of the Committee and the Department. By agreement with the Committee, these transcripts were redacted to remove the names of the individuals in quesrion and other identifying information; should you desire, we can advise you orally who is the interviewee in each case. I note in this regard your assurances in your August 15, 2003 letter to me that "the Commission has agreed that it will not publicly disclose the names of these officers, in its report or otherwise, without prior agreement by the Department." As always, please do not hesitate to contact us if you have further questions. • x Karl Hofmann Executive Secretary Attachments: Committee on Government Reform Transcripts

S/ES 2I>0329433

h

.<*,

United StatesJJepa eartmeftt of St State Washington, B.C. 20520 November 26, 2003

SENSITIVE BUT UNCLASSIFIED

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

National Commission on Terrorist Attacks Upon the United States Request for Information (Interview Request No. 9)

Attached is the additional information requested by the 9/11 Commission members in an October 24 interview with Travis Farris of Consular Affairs' Consular Systems Division. Please note that some of the attached material and information is considered "Sensitive but Unclassified." Therefore, we request that the Commission protect this information 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 Attachment: Document List/Supplementary Information and DOS documents

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED

Document List/Supplementary Information 1.

Copy of 4/25/95 Consular Systems Brief: Attached

2.

Statistics on NIV facial recognition pilot: Attached List of 13 posts in the FR pilot: AMMAN ANKARA BUENOS AIRES ISLAMABAD ISTANBUL KIEV KINGSTON LAGOS LONDON MANILA MERIDA RIO DE JANEIRO SANAA

3.

Dates for Arabic Algorithm: Dec 1998 for the first posts. The remaining posts were phased in over the next three - four months. Dates for Russo/Slavic Algorithm: Dec 2000 for the first posts. The remaining posts were phased in over the next three - four months. Date for Hispanic Algorithm: Software was completed in Sept 2002. However, because emphasis was placed on entering data received from the FBI, implementation was deferred. We currently have 60 posts on the Hispanic algorithm and are adding about 5 posts a month.

4.

How many and how old are NIV records in the CCD The CCD contains approximately 59VS million NIV records, and includes all records generated since January 2001. The CCD contains all NIV records from Frankfurt since February 1999. Other posts were phased in between February 1999 and January 2001, and the CCD contains all NIV records from each post effective as of the post's phase-in date.

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED 2 5.

When did the 20-day hold go into effect? 11/14/2001 Date the 30-day hold went into effect? 1/26/2002 Date for the indefinite hold? 7/20/2002

6.

When did CA/EX/CSD first get involved with the Visa Clearance problem? 12/11/2002 When did we start doing CCD sweeps for the FBI? 1/10/2003

SENSITIVE BUT UNCLASSIFIED

Thomas H. Kcan CHAIR IA-C l-l. l-Iamilton V1CK CII.4IR

Richard Hen-Vcniste Max Clcland Fred I1'. Fielding Jamie S. Gorclick Slade Gorton John Ix-hman

DOS DOCUMENT REQUEST NO. 7 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 November 4,2003 (the "production date"): 1. All documents relating to the visa applications of the individuals listed below, including supporting documentation, and all information contained in DOS computer databases (such as CLASS, the Consular Consolidated Database, and TEPOFF) relating to these individuals:

Timothy J. Roomer James R. Thompson

Philip D. Zclikow EXECUTIVE DIRECTOR

b. c. d. e. f.

Khalid Sheikh Mohammed, aka AAbdulrahman A.A. Al Ghamdi, aka Abi Abd al-Rahman al-Faqasi al Ghamdi Khallad bin Attash Al Aziz AH, aka Ammar al-Baluchi Agus Budiman Mohammed bin Nasser Belfas Omar al-Bayoumi

LDiah Thabet

9/11 Personal Privacy

i. j. k. 1.

J

Anwar Aulaqi Eyad al-Rababah Rayed Abdullah Bandar al-Hazmi

rn.9/11 Personal Privacy

n. o. p. q. r. s. t. u. v. w. x. y. z. aa. bb. cc.

Nidal Ayyad Mahmud Abouhalima Mohammed Abouhalima Ahmad Mohammad Ajaj Mohammed Salameh Eyad Ismoil Ramzi Yousef Mustapha Shalabi Bilall Alkaisi Sheik Omar Abdel Rahman El Sayyid Nosair Ibrahim el Gabrowny Mohammed Saleh Amir Abdelghani Fadil Abdelghani Tarig Elhassan Tin. (202) 331-4060 FAX (202) 296-5545 www.9-1 lcomtnission.gov

DOS Document Request No. 7 Page 2 dd. Fares Khallafalla ee. Siddig Ibrahim Siddig Ali ff. Matarawy Mohammed Said Saleh gg. Abdo Mohammed Haggag hh. Gazi Ibrahim Abu Mezer ii. LafiKhalil jj. Abdul Hakim Murad kk. Ali Mohammed 11. Khalid Abu Al Dahab mm. Wadih el Hage nn. Essam al Ridi oo. Ahmed Ressam pp. Abdelghani Meskini qq. Abdel Hakim Tizegha 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, thorough 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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, 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. October 21, 2003

Daniel Marcus General Counsel

Thomas H. Kean

DOS DOCUMENT REQUEST NO. 8

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 Department of State (DOS or the "respondent") provide the Commission with copies of the following documents no later than November 11, 2003 (the "production date"): 1. All records relating to the departure of Saudi nationals by airplane from the United States while the national airspace was closed to commercial aviation after the September 11, 2001 terrorist attacks, including flight manifests or other documents related to the individuals on those flights. 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. October 28, 2003

Daniel Marcus General Counsel

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

Accolla •om: ^^Sfsn Sent:

To: Cc: Subject:

[email protected] Thursday, October 30, 2003 3:17 PM Tom Eldridge; [email protected] team5@9-11 commission.gov; jraidt@9-11 commission.gov RE: EOP 5 and State No. 8

DOS Document Request No 8.doc...

Tom -- Based on your earlier request, and my conversations with Dan and Raj, we went ahead and put in a request to the State Dept. A copy is attached. Thanks. Steve Quoting Tom Eldridge :

> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > v> > > >

Steve -Thank you. Attached for your review is a revised State Department document request on the issue referenced in EOP5, no. 4 -- the flight(s) of Saudis out of the U.S. during the closure of the national airspace. I prepared this originally to assist Team 7. It contains language already vetted in my earlier version, plus language on the topic vetted in EOP5, plus a minor change recommended by Sam Brinkley, who sat on the State Task Force established during this time period and who advised me that, indeed, State was involved in this issue. Sam's words were: "As a member of the DOS task force working then, DOS was involved in the process. Most likely, there were at least emails and summaries within the TF and Regional bureau on the issue. Should go ahead with a request [to] DOS. Sam"

Sam also said there were flights out from more than one U.S. city. Dan Marcus had asked me to query Raj De to see what Team la has learned since they were given the lead on this one. Raj's words back were: "Hey Tom,

Sorry not to get back to you sooner, but I couldn't access my e-mail for most of the day. We have made minimal progress on this front, and frankly (unless Dieter thinks otherwise), would be glad to work with you guys on this piece of the puzzle. Your document request looks solid to me, and I think it would be a great idea to send it to State asap. I'll be at the Bureau tomorrow morning, but maybe we could discuss a plan going forward in the afternoon,

Raj " In other words, there is no opposition to, and strong support for, this document request. My sense is that we stand a better chance of getting valuable documents on this topic from the State Department

from other agencies. I also think it is better than EOP5 since covers flights out the week out after 9-11, regardless of whether xiey were after the opening of the national airspace. We shouldn't really care whether the airspace was open, only whether certain people > received special treatment. I hope you will agree, and expedite its x > transmission to State. > > Please let me know if you need anything more from me on this one. > > Best. > > -- Tom

> > > > > >

Original Message From: [email protected] [mailto:[email protected]] Sent: Thursday, October 30, 2003 12:37 PM To: [email protected] Cc: [email protected] Subject: Fwd: EOP 5

> Here it is. > Forwarded r UJ. WCI.L u.c<-i message uicjDiDCiyc from -Lii^iu "" <[email protected]> «-wjjd 00^.7 > Date: Thu, 30 Oct 2003 12:33:27 -0500 > From: "" <[email protected]> > Reply-To: "" <[email protected]> > Subject: EOP 5 > To: "" <[email protected]> > Steve-> Tom Eldridge over at GSA would like to see a final copy of EOP 5. > Thanks , > Warren End forwarded message

Thomas 11. Kean

DOS DOCUMENT REQUEST NO. 10

CHAIR

Lcc I-1. Hamilton VICF. CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton Bob Kerrey John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow E X E C U T I V K DIRECTOR

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 January 12, 2004 (the "production date"): 1. All documents relating to the visa applications of the individual listed below, including supporting documentation, and all information contained in DOS computer databases (such as CLASS, the Consular Consolidated Database, and TEPOFF) relating to this individual: a. Abdul Shorabi, aka Abdul Mohammed Abdul Anam Suhail, Barkat, aka abu Bar'a al-Ta'izi. 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, thorough 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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, 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. December 24, 2003

Daniel Marcus General Counsel

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

Page 1 of 1 anne Accolla From: ^ht:

Steve Dunne Wednesday, December 24, 2003 9:53 AM

To:

'Hofmann, Karl W

Cc:

'[email protected]'; Dan Marcus; Team 5; Dianna Campagna

Subject: DOS document request no. 10

Karl: Attached as a Word document is DOS document request no. 10. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

12/29/2003

S/S 200402761 United States Department of State Washington, D.C.

20520

\y 2 6 , 2 0 0 4

(UNCLASSIFIED When Separated from Classified Attachment) 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. 10 This is in response to the National Commission on Terrorist Attacks Upon the United States tenth request for Department of State documents. The attached consists of 16 classified and unclassified documents. Under Executive Order No. 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure the information will be given protection equivalent to that afforded to such information within the Executive Branch. Please note that the attached document 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 States." Further, some of the documents are marked "Law Enforcement Sensitive" and/or "Sensitive But Unclassified." Therefore, we request the Commission protect these documents, as well as all of the other attached documents, from unauthorized disclosure. -SECRET (UNCLASSIFIED When Separated from Classified Attachment)

(UNCLASSIFIED When Separated from Classified Attachment) 2 We are also asking that the Commission protect the names of the officers who adjudicated the attached visa applications. We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofman Executive Secretary Attachments: 1. Index and Department of State documents 2. Incoming request

(UNCLASSIFIED When Separated from Classified Attachment)

Thomas H. Kean

DOS DOCUMENT REQUEST No. 12

CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton Bob Kerrey 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 February 26, 2004 (the "production date"): 1. All documents relating to the visa applications of the individuals listed below, including the visa application itself, all supporting documentation, and all information contained in DOS computer databases (such as CLASS, the Consular Consolidated Database, and TIPOFF): a. Mir Aimal Kansi, DOB: 2-10-64, COB: Pakistan. b. Qualid Moncef Benomrane, DOB: 4-29-76, COB: Tunisia, Passport No. L870243. c. Malek Mohamed Seif, DOB: 9-24-65, COB: Djibouti. d. Yazeed al Salmi, DOB: circa 1977, COB: Saudi Arabia. e. Fuad Bazarah, DOB: circa 1977, COB: Yemen. 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, thorough 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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, 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. February 9, 2004

Daniel Marcus, General Counsel TEL (202)331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

Pagel ofl d Accolla m: ~~">ent:

Steve Dunne Monday, February 09, 2004 6:09 PM

*>:

'Hofmann, Karl W

Cc:

'[email protected]'; Dan Marcus; Team 5; Dianna Campagna

Subject: DOS document request no. 12

Karl: Attached as a Word document is DOS document request no. 12. Please call Susan Ginsburg at 202-401-1747 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

2/10/2004

Thomas H. Kean

DOS DOCUMENT REQUEST NO. 13

CHAIR

Lee H. Hamilton VICE CHAIR

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

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 a copy of the following document no later than March 22, 2004 (the "production date"): 1. Cable ABU DHAB 02863 dated May 20, 2001.

Slade Gorton Bob Kerrey John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

The Commission requests that the document requested above be provided as soon as it is available. If the requested document is 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, describe 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 the requested document but has information about where such document 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 this document request, 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. March 8, 2004

Daniel Marcus General Counsel

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

Page 1 of 1 ie Accolla
Steve Dunne Monday, March 08, 2004 5:22 PM

To:

'Hofmann, Karl W

Cc:

'[email protected]'; Dan Marcus; Team 5; Dianna Campagna

Subject: DOS document request no. 13

Karl: Attached as a Word document is DOS document request no. 13. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

3/9/2004

100400733 United States Department of State Washington, D.C. 20520

JAN 13 X04 SENSITIVE BUT UNCLASSIFIED 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 Requests No. 5 and 7 This is in further response to the National Commission on Terrorist Attacks Upon the United States fifth and seventh requests for Department of State documents. Attached is the second installment of materials in response to the Commission's requests No. 5 and 7. This installment consists of 7 unclassified visa records. Additional installments will be provided as we complete our search and review of documents. Please note that the attached material 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 States." Although this material is not classified, the designation as "Sensitive but Unclassified" requires special handling because it contains confidential visa information. Therefore, we request that the Commission protect all of these documents from unauthorized disclosure.

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED

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. Department of State Documents 2. Incoming request

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED

Drafted: CA/P - Paula A. Williams 01/07/03 X74744 Clearances: CA/P:Wstaeben (ok) P:BBRink (ok) D:RBeecroft (ok) M:AFeeley (ok) L/LM:JRomano (ok) S/ES-IA:SSarkis (ok)

SENSITIVE BUT UNCLASSIFIED

S/ES

m 3w

200403566

United States Department of State Washington, D.C. 20520 February 20, 2 0 0 4

SENSITIVE BUT UNCLASSIFIED (WITH SECRET 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 Information The General Accounting Office (GAO) has asked the Department of State to provide copies of the attached cables to the 9-11 Commission. These six cables are responsive to certain GAO work files that the Commission has requested to review. Because they are State Department documents, GAO has asked that we provide copies to the 9-11 Commission. Please find the cables attached. 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 for the handling of classified information. 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: Index and Six Department of State cables. SENSITIVE BUT UNCLASSIFIED (WITH SECRET ATTACHMENTS)

0

S/ES 200403732 United States Department of State Washington, D.C. 20520 February 23, 2004

UNCLASSIFIED

M^f^, MEMORANDUM FOR DANIEL MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

]/1

SUBJECT: National Commission on Terrorist Attacks Upon the United States Request for Information Attached is the supplementary information regarding alleged malfeasance by some translators during the visa interview process and the U.S. Department of State's awareness of this problem that was requested by Commissioner Ben-Veniste of Assistant Maura Harty at the Commission's January 26 hearing. The attached consists of one unclassified document. 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 Attachment: As stated.

UNCLASSIFIED

*

UNCLASSIFIED Drafted: CA/P - Paula A. Williams 02/17/04 X74744 Clearances: CA:DBSmith, Acting CA/P:WStaeben (ok) L/LM:JARomano (ok) L/LM:JBorek (ok) P:BBrink (ok) M:AFeeley (ok) D:SBeecroft S/ES:Ssarkis (ok)

UNCLASSIFIED

9/11 Commission Question for the Record on Malfeasance by Interpreters Whenever the Department of State becomes aware of allegations of malfeasance by locally hired consular employees (or FSNs -- Foreign Service Nationals), the allegations are immediately referred to the appropriate office for review and possible investigation. The Department takes such allegations very seriously. A number of such cases are ongoing and are in various stages of investigation. We are unaware of any specific allegations or patterns of allegations regarding willful manipulation of the translation process, the provision of inaccurate or incomplete translation in return for money or other favors, or other such malfeasant translation/interpretation activity. We do not believe such activity to be a pervasive problem, although any such allegations are promptly and thoroughly investigated.

The Department is aware of a recent allegation made earlier this year, which may be the specific case of concern to a member of the commission. As we understand it, the allegation was unrelated to translation or interpretation activities, though the word "interpreter" was used, apparently in reference to local employees in general. Diplomatic

Security has opened an investigation in the case. Since it is an open investigation, the Department cannot provide any further details at this time.

It should be noted that the vast majority of consular officers receive language training appropriate to the level of the assignment and are expected to conduct visa interviews without the use of interpreters. FSN personnel may be used as interpreters in certain instances involving difficult languages, countries where a variety of languages are used, or for the small percentage of American personnel without language training or with sufficient training in a difficult language to understand the gist of a conversation only. However, in basic consular training, consular officers are instructed to rotate interpreters (i.e., not to use the same one all the time), take advantage of language training opportunities at post, pay attention to body language and other non-verbal indicators, and, if they have some basic training in the language being spoken, to listen to the conversation between the interpreter and the applicant in an effort to gauge the accuracy of the exchange. Consular interviews also generally take place in an open environment within hearing of other officers and FSNs, which also serves to mitigate the risk of malfeasance.

Drafted: CA/FPP - Julie Kavanagh and CA/VO - Tony Edson Cleared: DS - Jeff Culver CA/P - Derwood Staeben CA:ASimkin ok CA - MHarty ok

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

,n

March 10, 2004

SENSITIVE BUT UNCLASSIFIED (WITH SECRET/NOFORN ATTACHMENT) 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 DOS Document Request No. 13 DOS Document Request No. 13 asked the Department of State to provide a copy of Abu Dhabi 02863 dated May 20,2001 to the 9-11 Commission. Please find the cable attached. 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 for the handling of classified information. 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. 2. Abu Dhabi 02863, dated May 20, 2001.

SENSITIVE BUT UNCLASSIFIED (WITH SECRET/NOFORN ATTACHMENT)

200402761

/

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

UNCLASSIFIED (with CONFIDENTIAL Attachment)

ll} J . / 1 W<

March 12, 2 0 0 4

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. 12 This is in response to the National Commission on Terrorist Attacks Upon the United States twelfth request for Department of State documents. Attached is the second installment of documents in response to the Commission's Request No. 12, specifically items d and e. The attached consists of six classified and unclassified documents. Under Executive Order No. 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure the information will be given protection equivalent to that afforded to such information within the Executive Branch. Accordingly, we ask that the Commission protect the classified information by applying standards at least as stringent as E.O. 12958, as amended, on the handling of classified information. Please note that the attached document 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 States." Further, some of the documents are marked "Law Enforcement Sensitive" and/or "Sensitive But Unclassified." Therefore, we request the Commission protect these documents, as well as all of the other attached documents, from unauthorized disclosure. We are also asking that the Commission protect the names of the officers who adjudicated the attached visa applications. UNCLASSIFIED (with CONFIDENTIAL Attachment)

UNCLASSIFIED (with CONFIDENTIAL Attachment) 2 We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofm Executive Secretary Attachments: 1. Index and Department of State documents 2. Incoming request

UNCLASSIFIED (with CONFIDENTIAL Attachments)

Thomas II. Kean

DOS DOCUMENT REQUEST NO. 15

CHAIR

Lee H. Hamilton VICE CHAIR

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

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 materials no later than April 13, 2004 (the "production date"): 1. Statistics of refusal rates for each consular officer (full-time and parttime) who adjudicated visas in Jeddah and Riyadh, Saudi Arabia, from January 1, 1997, through September 11, 2001, including a breakdown of refusal rates for Saudi citizens and for third-country nationals, and the total number of persons in each category who were refused.

Timothy J. Roemer James R. Thompson

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, thorough means of a "rolling" production.

Philip D. Zelikow EXECUTIVE DIRECTOR

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. March 30, 2004

Daniel Marcus General Counsel

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

Page 1 of 1 .ie Accolla "^ <-om:

Steve Dunne

. "Nit:

Tuesday, March 30, 2004 3:34 PM

To:

'Hofmann, Karl W

Cc:

'[email protected]; Dan Marcus; Team 5; Dianna Campagna

Subject: DOS document request no. 15

Karl: Attached as a Word document is DOS document request no. 15. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

3/30/2004

United States Department of State Washington, D.C.

20520

v

tfarch 12, 2004 UNCLASSIFIED

MEMORANDUM FOR DANIEL MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: National Commission on Terrorist Attacks Upon the United States Request for Information (Follow up to an Interview) Attached is the on-line newsletter, "VO's ezine," requested by the 9/11 Commission members in a March 1, 2004, interview with a Consular Officer. Please note that the attached newsletter is an informal communication between Consular Affairs' Office of Visa Services and visa adjudicating-posts, and was designed to highlight events, new procedures and resources that have already been officially introduced by cable or other means. Since this document was intended for internal distribution only and contains potentially sensitive information, we therefore request that the Commission not quote from the document without the agreement of the Department of State. We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofi Executive Secretary Attachment: As stated.

UNCLASSIFIED

Drafted: CA/P - Paula A. Williams 3/8/04 X74744 Clearances: CA:DBSmith CA/P:WStaeben (ok) L/LM:Jborek (ok) P:BBrink (ok) M:Afeeley (ok) D:Sbeecroft (ok) S/ES:SSarkis(ok)

UNCLASSIFIED

South Asia Visa News February 2004

Welcome to VO*s ezine! For those of you who haven't seen one before, VO's ezine is designed to highlight events, new procedures and resources which have already been officially introduced by cable or other means, but which posts may not have had the time to take a close look at. It's also a way for us to broadcast your successes, share news on what works and how to resolve issues common to all visa-issuing posts. We encourage posts to make these ezines available to all officers and local employees doing consular work at post. However, as this is an informal communication, we ask that you limit distribution to USG folks (local or Amcit) at your post involved in visa issues - no third parties please. We try to send out an edition every 2-3 months, and welcome your suggestions and feedback - please send any comments by email to [email protected]. If you should ever miss an edition, check the CA website - we post the ezines under the Visa Office and IV/NIV tabs. !

In this February 2004 edition: • • •

Issues of interest (eDV, SAOs, Adoptions, Petitions, US-VISIT/NSEERS/IDENT and VWP) A Good Question (Fingerprinting) Feedback and Resources (IV/NIV Manuals, Accountability, Referrals, Olympics and other events affecting NIV demand).

Issues of interest eDV Program - CA pleased with the results As many of you are aware, the Department implemented a new electronic registration system for the 2005 Diversity Visa lottery. Just under 6 million lottery entries were received by the Department during the 60-day registration period, representing over 10 million individuals. Despite the difficulties some applicants faced in registering during the final days of this year's enrollment period due to excessive demand on the system, EDV continued to function and we actually registered more applicants over the final 3 days than any other 3 day period of the lottery. The next phase of the process is to utilize Facial Recognition technology to weed out the frauds and cheaters. Qualified lottery winners will be notified by mail sometime this summer. The new system has significantly improved administration of the DV lottery and likely greatly reduced the number of fraudulent and multiple entries submitted. Last year, the Department received 7.3 million qualified entries during the registration period. However, we conservatively estimate that approximately 30 percent of those were duplicate entries. Furthermore, millions of entries were disqualified last year because they were received outside of the registration window or because they did not meet specific guidelines. We believe the electronic system helps level the playing field for those individuals who play by the rules, and is a great tool for combating the rampant fraud associated with the DV lottery. The top 15 countries represented in terms of entries received are: Bangladesh, Nigeria, Nepal, Ethiopia, Poland, Egypt, Ukraine, Ghana, Peru, Albania, Iran, Bulgaria, Kenya, Romania and Morocco. 39.2% of the individuals registered for DV-2005 are from the Africa DV region, 34.1% from Asia, 20.7% from Europe, 5.6% from South America, 0.3% from Oceania and a mere 0.022% from North America. For a more comprehensive look at the results of the DV lottery, including a breakdown of the number of entries received for each nationality, please refer to the following link on the CA Intranet: http://intranet.ca.state.gov/vo/diversity/FINAL%20quick%20stats.ppt. Double clicking on the graphs or charts in the presentation will give you the most specific data available. SAOs •

SAO Improvement Project: In November and December, we conducted Beta testing of the new SAO-IP (SAO Improvement Project) at four posts. SAO-IP will eliminate cables for SAOs and allow the electronic transmission of data among posts, the Department and other clearing agencies. CA/EX/CSD is hoping to roll-out the new software to other posts very soon. Posts will submit applicant data via the CCD; responses from the clearing agency and CA/VO/L/C will then be returned to posts directly through the CCD. Stay tuned for information on this exciting new phase of SAO processing.

Visa Chameleon: State 3352 of January 7, 2004 explained a new type of CLASS hit and provides guidance on how to process these hits. Over one million P9A ("DACs") hits were added to CLASS following an agreement between CA/VO and ICE (DHS). To process these hits, CA/VO created the Visas Chameleon cable type. Consular officers should submit a Visas Chameleon cable only when you cannot make a determination based on the information already in CLASS. If an applicant has other hits or is subject to any other special processing requirements, post should submit a Visas Donkey. A clarification cable is in the works and a Visas Chameleon template is being added to the NIV system. As with any non-immigrant visa application, applicants must overcome 214(b) before post takes any action on one of these cases. Other new hits: If you haven't yet seen it, make sure to take a look at State 14219 (Jan. 21, 2004) for information on five other new lookout codes in CLASS. Other good cables to make sure you've seen are SOP 25 and 03 State 282504 (classified) on condors, 03 State 40841 and 02 State 163964 on NCIC hits, and 02 State 145515 on state sponsors of terrorism. Old SAO responses, new applicants: Remember that previous SAO responses giving information on the subject of a particular CLASS hit cannot be used to determine whether a new SAO needs to be submitted on a current applicant. For example, if in the past post received a visas eleven cable permitting visa issuance as long as the applicant didn't match a description of the subject of a common-name hit, you cannot assume that a future applicant not matching that description is exempt from getting an SAO clearance. •

Delayed Responses to SAOs: Posts may send inquiries on Condors and Eagles, for which they have had no response after 60 days, to NVC CBO on the global address book (NVCCBO@state, gov) and for Donkeys, Bears, Merlins and Mantis cases with no response after 60 days to SAO Inquiries (SAQinquiries @ state, gov). Be sure to include the applicant's full name, DOB and your cable number.

9/11 Commission. "Just say no" As many of you probably saw in the press accounts, A/S Harty, former A/S Ryan and various DHS officials testified before the 9/11 Commission, facing some tough questions about what was known and how it was acted upon prior to the September 11 attacks. The official report of course won't be out for a while, but an interesting feature of many of the press accounts was the focus on one immigration inspector's having refused admission to the alleged 20th hijacker. Namechecks on the individual didn't reveal any grounds for denying admission, but the inspector was not convinced that his purpose in coming to the United States really was business. Why's this important? Well, we sometimes forget that the overseas equivalent of the inspector's decision is available to us too. That tool is INA 214(b), which encompasses much more than just looking at whether someone has a residence abroad that they don't intend to abandon. In fact, a check of INA 214(b) language reminds us that any alien is

presumed to be inadmissible as a nonimmigrant unless they establish to the satisfaction of a consular officer that they fall into one of the NIV classifications defined in INA 101(a)(15). (For example, 101(a)(15)(B) describes aliens with a residence abroad visiting the U.S. temporarily for business or pleasure.) If you're not satisfied that someone's really going for tourism, business, studies, or one of the other classifications, then 214(b) is a perfectly valid basis for refusal. Adoptions "I have an adoption-related question - who should I ask about this?" A common question, and the answer is that both the Visa Office and Office of Children's Issues (CI) handle adoptions, but our focus is different. If your question relates to how to process an IR2 adoption case or how to deal with an orphan case procedurally (who completes the 1-604, what evidence is needed of abandonment, how old the kid can be, etc.), then it's a VO issue. VO/L/A would be the key contact for a legal determination that criteria for the visa have been met; VO/F/P focuses on the procedures for processing these cases. However, if the question relates to laws or the adoption policies of a particular country (how can I adopt a child in China?) or if it's a particular case-related inquiry from the public (what's holding up issuance of my adopted kid's visa?), then CI is the key contact. When in doubt, ask us both and we'll sort it out! Posts handling adoptions are probably aware that the U.S. signed the Hague Convention on Intercountry Adoptions in 1994 and in 2000 Congress passed the Intercountry Adoptions Act (IAA), although neither have yet taken effect. The IAA in particular requires the development of a number of new regulations and procedures, the subject of a joint State-DHS Working Group. The Working Group is trying to resolve issues related to definitions of Hague children, visa processing of Hague and other adoption cases, the need for new or revised forms, and tracking of the cases through an independent database called the Adoption Tracking System. Within State, CI has the lead on implementation of the IAA and the Working Group - so far they've drafted and solicited comments on regulations governing Adoption Service Providers (ASPs) and the accreditation process. The focus has now shifted to processing future Hague cases, and VO is obviously playing a role there to try to ensure as simple and straight-forward a visa process as possible - we'll keep you updated as we move along. Petitions Over the last couple months we've seen a lot of proposed changes to how we process temporary worker cases, as well as a lot of petition-based inquiries, so we thought we'd share what we've learned: Blanket L-ls: We've heard from several L-l petitioners who've apparently been asked by more than one post to provide the original approved 1-129 petition or the original 1-797 approval notice granting blanket L-l authority for their applicants. Posts are reminded that applicants are only required to provide a copy of the 1-797 Notice of Action (approval notice) in support of their applications. Remember,

petitioners will have only one original that may be valid for several years or even indefinitely and which can be used for an indefinite number of L-1 applicants. Therefore, it is simply not reasonable to expect a qualifying organization to risk losing the original by sending it to any number of posts around the world over a period of years. While qualifying organizations must complete an original I-129S in support of each individual L-1 applicant, they are required to attach only a copy of the 1-797. Adjudicating officers may wish to review 9 FAM 41.54 N14.4. •

HIBs: Along similar lines, we've had several recent requests for clarification on which documents are required for H1B temporary workers. Per 9 FAM 41.56 N2 and N9, consular officers should consider DHS approval of the 1-129 petition prima facie evidence of qualification for the H-1B visa, as demonstrated by either the approved 1-129 itself, an 1-797A, or by telegraphic, e-mail, or telephonic notification from DHS. To adjudicate these cases, posts should not routinely be requiring the original 1-129 (instead of other acceptable methods of notification), personal presence of the H-1B beneficiary when an H4 spouse or child applies, or substantial documentary requirements on the nature of the job (list of possible job sites, contracts with clients, photos of business, etc). That said, if information developed during a particular visa interview gives the consular officer reason to believe that the beneficiary may not be entitled to status, the consular officer may request additional evidence which can reasonably be expected to lead to a clear decision to issue or refuse the visa.

•

H2B petitions: The Visa Office is working on a number of projects to improve communication between posts that process H2Bs, individuals at the Department who work with H2B issues and H2B liaisons at both the Department of Labor and the Department of Homeland Security. We hope that improved communication and access to resources will help posts process H2B applications, particularly when a petition is sent to several posts. Some of the projects include a global email list for officers and FSNs working on H2B petitions, and the creation of an H2B intranet eroom where members will be able to post questions, comments or concerns about companies, petitioners or agents, alerting other posts to trends they are seeing or management practices they have initiated. Please let Don Frerichs in CA/VO/F/P know if your post is interested in participating in these projects.

•

H2B petitions, cont.: Beginning later this spring the H2B petition will become electronic. This means that petition denial and approval information will be available to post via the CCD, and posts will also be able to verify via the CCD if visas have been issued for a petition by another post. A future goal of the system is to provide H2B applicants with a form that will include a 1-D barcode which would be scanned at post for automatic retrieval of CCD info on the petition. Another benefit of the electronic petition will be better management of the annual 66,000 H2B visa cap to include issuances abroad and adjustments of status. CA is working on how it will inform posts once the cap is reached and how it will prevent posts from issuing H2Bs after this point. More to come on this ..

•

Revocation, petitioner fraud: Posts are reminded that requests for revocation of petitions should be based on specific evidence, unavailable to DHS at the time of

petition approval, that there was misrepresentation in the petition process or that the applicant may not be entitled to status. (Disagreement with DHS' interpretation of the law or the same facts presented to you should generally not be the basis for a revocation request.) FPP has a very useful petition revocation guide on its website - they present some great (successful!) petition revocation memos. Some of you have asked about following up on revocation requests - there's no formal mechanism for doing so, but each post can contact the District Office to which they sent the revocation request (remember, this should be the original petition adjudicating office.) In the near future we hope to consolidate revocation requests and returned petitions though KCC (for NIV cases) and NVC (for immigrant visas). That will enable us to better track and report on these cases. More guidance will be forthcoming in the next few months. •

Keep in mind that many frustrations that posts experience with these cases cannot be resolved through revocation requests. Employers' previous nonpayment of wages, "benching" employees by not keeping them fully employed, or engaging in poor labor practices — these are all issues that employees should address in the U.S. through the Department of Labor. But we all do appreciate posts' continued reporting on these tough issues - thanks!

•

Temporary worker reforms: Stay tuned - there are a few new legislative proposals being discussed with regard to President Bush's recent announcements, but no changes to the current situation are imminent. State 3904 and 16422 provided additional background and guidance on responding to inquiries about proposed reforms - we'll report back to you as we get further information.

US-VISIT, NSEERS and IDENT 03 State 349892 (Biometrics #8) and State 33350 (Biometrics #10) provided a good update on US-VISIT'S collection and use of fingerprints and digital photos at ports of entry to verify travelers' identity and check for hits against the IDENT database. While implementation of US-VISIT is adding less than a minute's processing time for each traveler, posts are asked to help get the word out on the program, as well as the continued (and separate) need to go through NSEERS entry registration and exit checks. US-VISIT is of course a continuum of security measures that begin overseas, where posts that are doing biometric fingerprint collection check applicants' identity and eventually will compare fingerprints to those of known criminals or terrorists in the IDENT database. Four pilot posts have begun checking for IDENT matches. At those posts officers adjudicate cases at the window as normal, but the system places a hold on actual printing and issuance of the visa until satisfactory IDENT results are provided electronically. Initial results have been good - IDENT clearances have been returned within a few minutes. Expect a cable in the near future with more information on this program!

Visa Waiver Program There's been a fair amount of confusion in the press and public about US-VISIT and VWP countries. Just to clarify - under US-VISIT, travelers currently entering the U.S. without visas (including VWP travelers) are not being fingerprinted or photographed at the port of entry. However, VWP countries are not exempt from US-VISIT provisions travelers from VWP countries with U.S. visas are subject to the same fingerprinting and photographic requirements as other visa-bearing travelers. And our VWP travelers are still going biometric. On October 26, 2004, all VWP travelers will have to present a machine-readable passport to enter the U.S. visa-free. This requirement was originally to have gone into effect on October 1, 2003, but was waived for 22 of the 27 countries until October 26, 2004. (Travelers from Andorra, Belgium, Brunei, Liechtenstein and Slovenia are already required to present MRPs for VWP travel.) Also on October 26, VWP travelers with passports issued on or after that date must present an MRP with a biometric identifier. These two requirements affect neither regular visa applicants nor other categories of visafree travelers, such as Canadians. Non-VWP travelers will not have to present machinereadable passports as of October 26 - only individuals traveling under the VWP will have to comply with requirements to have MRPs with biometric identifiers. As was clarified in State 16751, the MRP requirement applies only to VWP travelers applying for visa-free entry at U.S. POEs.

i A Good Question Q. We know about biometrics, but could you please clarify the circumstances under which applicants should be fully fingerprinted here at post? Sure - as you point out, everyone getting an NIV and an IV will have to have their index fingers scanned by October 26, 2004. The only exceptions will be for children under the age of 14, adults over the age of 79, and NIV holders of Al-2, Gl-4, C2-3 and NATO visas (see 03 State 296489 and 03 State 320150, Biometric Deployment Cable #2 and #6 respectively, for more details.) Separate from biometric fingerprinting requirements, there are several other situations in which post may be involved in collecting full sets of fingerprints: •

FBI's NCIC, DP and WP hits - The FBI's National Crime Information Center Interstate Identification Index (NCICIII, or NCIII), Deported Felon File (DF) and Wanted Person (WP) databases contain criminal histories. The Department is entitled to full criminal histories only when an applicant with a possible match to an NCIII, DF or WP hit has been fingerprinted and identity confirmed. Therefore, whenever there is such a possible match and the applicant hasn't been found ineligible on independent grounds (including 214(b)), fingerprinting is mandatory, even if the applicant admits a criminal history and even though post may have independent knowledge concerning the applicant's criminal history. 02 State 163964, 03 State 40841 (SOP #2) and 03 State 284545 (SOP #43) provide additional information on handling these cases.

•

Other FBI hits: VGTOF, FF - These FBI hits are for those in whom there is an active criminal justice or investigative interest. Per 02 State 163964, consular officers encountering possible matches to Violent Gangs and Terrorist Organizations File (VGTOF) and Foreign Fugitives (FF) hits should notify the Department, LegAtt, RSO and concerned law enforcement authorities (see cable for details). Fingerprinting may or may not be required depending on the circumstances of the case. 03 State 284545 (SOP #43) provides additional information on submitting fingerprint cards for VGTOF cases.

•

Refugees, Visas 93 cases - At posts with no Overseas Processing Entity for refugees, consular officers may be contacted by the Refugee Processing Center, requesting that refugees and Visas 93 beneficiaries with possible matches to FBI hits be fingerprinted overseas. 03 State 55583 and 03 State 79968 provided additional information on submitting these fingerprint cards.

•

Visas 92 cases - Consular officers must do CLASS checks on all visas 92 (asylee following-to-join) cases. Any V92 cases with FBI hits must be fingerprinted and handled as if it were a visa case (see above) before a transportation letter can be issued.

•

Adoptions - Per SOP #21 (03 State 146632), consular officers must confirm that prospective adoptive parents filing an 1-600 overseas have valid fingerprint clearances. These individuals originally submitted electronic fingerprints with their I600A suitability/eligibility to adopt application, but BCIS clearances are only valid for 15 months. BCIS encourages adopting parents to update their fingerprint clearances prior to departure if necessary (by going to their local Application Processing Center), but petitioners stuck overseas without a valid fingerprint clearance may have their fingerprints taken at post. Fingerprint cards are then sent by express courier to Bill Colwell at CA/VO/F/P, who works with the FBI, and usually is able to send posts an email clearance within a few days.

•

LIFE Act legalization cases - Certain aliens who entered the U.S. before January 1, 1982 were permitted to request an adjustment of status under the LIFE Act. An eligible applicant or dependent residing overseas may contact post to schedule an appointment to have their fingerprints taken for submission to the Nebraska Service Center. Additional instructions on handling such requests are provided in 02 State 245445.

•

Other DHS benefits - Sometimes other individuals applying for waivers of ineligibility or other DHS benefits may seek consular fingerprinting assistance. If there is no DHS representative at post, consular officers should provide fingerprint services for consular district residents applying for DHS benefits as described in Appendix N Section 100 and 400 at DHS' request.

In all of the circumstances listed above, with the exception of refugees and Visas 93 beneficiaries, posts must charge the current fee for fingerprinting (Item 35(f) on the Schedule of Fees, ACRS code 36 - now set at $85). It is very important to follow instructions carefully in order to ensure efficient processing of these fingerprint checks. Taking good quality prints the first time obviously greatly benefits both posts and applicants. For hints on getting good fingerprints, please see 9 FAM 42.67 Exhibit 1 for an FBI pamphlet on the subject - washing hands well, and using lotion and talc before taking prints are two suggestions there. Our thanks to San Salvador who provided a few other hints: • •

Post purchased an old-fashioned wet ink and roller system for problem cases - the wet ink allows for more ink to penetrate the ridges of the finger and often results in better quality prints. Post inspects the person's fingers before printing to see how dry and cracked they might be. If the applicant appears to be a laborer or has very dry and cracked skin,

• •

post requires them to run their hands under water for a few minutes before taking the prints (makes the skin softer and more pliable). For obviously worn fingers or any sets that have been returned as unreadable, post does a total of three sets of prints (3 cards) to improve the odds that one set will be readable. For prints returned as unreadable, post asks the applicant to purchase any common hand lotion and apply it to their hands daily for a week before coming back in to have their prints retaken.

Also, the cables cited above, as well as 03 State 131623 on the NVC role in processing FBI fingerprint cards, give specific instructions on where to send fingerprint cards, how to complete various blocks on the cards and how results will be communicated to post. 9 FAM 41.105 PN1, 9 FAM 42.67 PN7 and Appendix N Section 102 provide additional information on accurately completing fingerprint cards and obtaining fingerprintingrelated supplies. Once in awhile, posts get inquiries from individuals who are not applying for a U.S. visa or any of the other benefits described above, but who wish to have their fingerprints done in order to get an FBI clearance. Generally speaking, such individuals should have their fingerprints taken by local law enforcement authorities, and then should submit their own request for FBI records directly to the FBI (see 28 CFR Part 16 for details.)

Resources, Feedback

NIV and IV virtual processing manuals on-line Wondering how to keep all the telegrams, SOPs and FAM references straight? As a reference tool for consular personnel, CA has designed virtual processing manuals for the NIV and IV processes. These are now available on line on the CA Intranet site under the tab marked "SOP." These processing manuals are essentially indexes with links to material located in other areas (as an example, check out NIV Fingerprinting and you'll see many of the cables cited above!). The manuals are structured as more-or-less linear, soup-to-nuts outlines of the visa process to aid in locating instructions and other references. Ultimately, we are interested in an index that would be dynamically updated taking advantage of what web technology has to offer. The goal is to have all guidance inside or linked to the FAM and to have the FAM structured so that it's easy to search and use. In the meantime, we encourage you to take advantage of these new virtual processing manuals. If you have any suggestions, and particularly if you find any errors, please pass them to the CA Support Desk. Accountability Feeling a bit overwhelmed by your Accountable Consular Officer responsibilities? Well, hopefully you're not a first-tour officer and you're getting helpful support from other consular managers and the Consular Management Handbook (Chapter 600). But CA/EX also just sent out a great cable summarizing AGO responsibilities, SOP #55 - 03 State 346729. A must read, this is essential info on keeping accurate inventories and dealing appropriately with controlled items like passports, CRBAs, passport bar code labels, NIV foils, OF232s, IV forms and consular receipts. Be sure that your front office has also seen two other important cables - State 34271 and 34743 - on front office oversight of the consular function. Referrals Yes, that updated cable on referrals is still on its way, along with updated referral forms. A few of you have noticed that the folks who maintain the forms finished some parts of the updated form project more quickly than we were able to get our cable and new FAM language cleared. While an updated version of the DS-4034 (Class A referral form) is available on eforms, we are recommending that posts continue to use the old forms available in Appendix K of 9 FAM until new guidance is provided. This recommendation comes because we've just learned we're going to have to do another change to the DS4034, because we don't want folks to have to learn more new forms than necessary, and

because we don't yet have DHS clearance on the new referral guidance. Until then, remember that whenever using the Appendix K forms, Chiefs of Mission granting visas condor or NSEERS exemptions will need to write in and sign appropriate statements at the bottom of the A referral form. You should also make sure that referring officers at your post have seen State 13750 on an FSO pleading guilty to referral fraud. DS and CA are committed to investigating, and if appropriate, prosecuting any individual who knowingly abuses the referral system by referring applicants who don't meet referral criteria. Email Auto-Response and Email Listserv CA/EX/CSD/DO is now able to offer posts email mailboxes that are capable of autoforwarding already prepared or "canned" responses when they receive a visa-related inquiry. It is recommended for use in situations where an interim or automatic reply is desirable (for example, "we have received your email, and a reply will be provided within 10 days.") This service has already been implemented in Warsaw, and it is used extensively domestically. If your post would like to use this service, please send an email to the CA Support Desk ([email protected]) with the following information: 1. Name of your post's functional mailbox (for example: "US VISA," "LegalNet," "NPIC Passport," etc.) The functional mailbox will be used to receive email on the CA server for auto-responses and forwarding to Post. 2. Text of the prepared response(s) that should be used. 3. Post mailbox name that will be used to receive emails sent to the functional mailbox maintained by CA/EX/CSD/DO. The functional mailbox will forward a copy of incoming email to post's mailbox (on post's server.) 4. Contact information CA/EX/CSD/DO also can assist posts in setting up and maintaining email listservs to send out post newsletters, bulletins, notices, etc. to approved government personnel on the list. Lists are private, and subscribers will be screened. If your post would like to use this service, please send an email to the CA Support Desk ([email protected]) with the following information: 1. Name of List (Example: "VISA Bulletin") 2. Contact Information Forms Occasionally we receive questions from posts regarding the appropriateness of creating their own post-specific forms. We'd like to take this opportunity to highlight the distinction between an information collection requiring OMB approval, and a form used internally by post that does not require approval. In a nutshell, we are prohibited from

using any form to collect information from the public unless such form has been approved by the Office of Management and Budget. In other words, posts cannot ask applicants to complete a non-approved form that solicits information. Posts also are not authorized to modify approved forms except to translate a form locally, provided that the translation is accurate and that the layout of the translated form looks as much like that of the English version is possible. (The same instructions apply to information sheets that are not technically forms. If the Department of State or DHS have released standard instructions or information sheets, these should not be altered or edited, although they may be translated if necessary.) Posts may, however, design a post-specific form to be used internally. For instance, post could develop a checklist to use while interviewing a visa applicant, or design a form that is completed by consular officers themselves based on an applicant's verbal answers. Posts are encouraged to contact Brendan Mullarkey in CA/VO/F/P for additional information or assistance in determining if a particular form requires OMB approval. We would also like to share your good ideas and internal forms with other posts - if you have a locally-developed Cheatsheet, paper or electronic tracking system, or internal form that you find useful, please send a copy to Debbie Lopes da Rosa in CA/VO/F/P by email or fax (202-663-3897). We'll then find a way to pass on some of your good ideas to other posts - thanks! SEVIS DHS's Student and Exchange Visitor Information System (SEVIS) program has successfully tracked over 1.4 million records of individuals who have been issued 1-20 or DS-2019 forms, making this information available to schools, exchange programs, immigration officials and consular officers (through CCD). As posts have probably noted, the reliability of the SEVIS database has improved. During August and September, when the first wave of SEVIS-registered students were entering the United States, the SEVIS Response Team logged over 8000 calls for assistance. In contrast, during the first three weeks of January, another peak time for student travel, the Response Team received only 350 calls for assistance. -%

However, SEVIS isn't perfect. Consular officers still do not have direct access to a number of data fields, and occasionally have problems accessing SEVIS files. If you have any problems, you can contact the SEVIS Help Desk at [email protected], or call 800-892-4829 from 6 AM to 6 PM Mountain time (8 AM to 8 PM Washington time). You can also contact VO/F/P's Martin B. Tatuch at [email protected].

Olympics and other big events affecting visa demand The Olympic (August 13-29) and Paralympic (September 17-28) games will take place this year in Athens. Posts might see an increase in the demand for visas in the months of July and August, as travelers transit the U.S. or add U.S. stops to their itinerary. For many posts, the student application season will also begin in a few months - see 03 State 336004 and 349930 on getting the word out to prepare for these J and F surges. As a reminder, other events impacting visa demand are listed on the CA home page, NIV tab, News:Upcoming Conferences in the United States. "Apply early" is a great message to get out throughout the year!

Got any great ideas, suggestions, things that have worked for you? Let your CA/VO/F/P contacts know so we can spread the word-thanks!

S/S 200407595

United States Department of State Washington, D.C. 20520 www.state.gov APR

5 2CC4

UNCLASSIFIED

MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: Transmittal of Statistics on the Visas Condor Program Please find enclosed, statistics and comments on the Visas Condor program as requested by Thomas Eldridge, Counsel to the 9/11 Commission.

Karl Hofmann Executive Secretary Attachment: Visas Condor Statistics

UNCLASSIFIED

UNCLASSIFIED VISAS CONDOR STATISTICS Q. How many Condors have now been done? A. According to VISTA, the Visa Office's internal case tracking system, there have been approximately 130,000 Visas Condor Security Advisory Opinion (SAO) requests submitted by posts to Washington since the program began on January 26, 2002. The VISTA system counts SAO requests, not applicants. There are several factors that could have an effect on this number. Until March 21, 2003 posts could and often did submit more than one applicant on a Condor SAO. On the other hand, posts sometimes sent a second or third SAO request on the same applicant if they didn't receive a quick response. Therefore, the number of actual Condor applicants vs. SAO requests could be greater than 130,000 but probably not significantly so. Q. Are there any applications still in limbo? How many? A. About 2,000 cases are still awaiting a final response from the FBI. Q. How many visas have been denied based on Condor clearance results? A. No visa has yet been denied under terrorism grounds to any applicant subject to a Condor SAO. Cases denied under the terrorism grounds of the Immigration and Nationality Act are reported to Congress on a quarterly basis by the Department of State. The cases mentioned in these reports received interagency screening under the Visas Donkey program. Q. Were any visas granted with silent waivers? A. No silent waiver was granted to any applicant subject to a Condor SAO as none were denied under terrorism grounds.

UNCLASSIFIED

U4/UO/2UU4

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OR'IG OU.TMEM TO ADDRESSEE VIA COURIER COPY WASHFAXED TO 'THOMAS ELDRIDGE' •COPIES TO: S

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S/S 200407595

United States Department of State Washington, D.C. 20520 www.state.gov APR

5 2004

UNCLASSIFIED PA/RB S/ES-S

INR IPS (HEW)

MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: Transmittal of Statistics on the Visas Condor Program Please find enclosed, statistics and comments on the Visas Condor program as requested by Thomas Eldridge, Counsel to tKe 9/11 Commission.

Karl Hofmann Executive Secretary Attachment: Visas Condor Statistics

UNCLASSIFIED

04/06/2004 O B : 2 6 KAi 2026470341

(JUINSULAK

UNCLASSIFIED ^

VIS AS CONDOR STATISTICS Q. How many Condors have now been done? A. According to VISTA, the Visa Office's internal case tracking system, there have been approximately 130,000 Visas Condor Security Advisory Opinion (SAO) requests submitted by posts to Washington since the program began on January 26,2002. The VISTA system counts SAO requests, not applicants. There are several factors that could have an effect on this number. Until March 21,2003 posts could and often did submit more than one applicant on a Condor SAO. On the other hand, posts sometimes sent a second or third SAO request on the same applicant if they didn't receive a quick response. Therefore, the number of actual Condor applicants vs. SAO requests, could be greater than 130,000 but probably not significantly so. Q. Are there any applications still in limbo? How many?

__^

A. About 2,000 cases are still awaiting a final response from the FBI. Q. How many visas have been denied based on Condor clearance results? A. No visa has yet been denied under terrorism grounds to any applicant subject to a Condor SAO. Cases denied under the terrorism grounds of the Immigration and Nationality Act are reported to Congress on a quarterly basis by the Department of State. The cases mentioned in these reports received interagency screening under the Visas Donkey program. Q. Were any visas granted with silent waivers? A; No silent waiver was granted to any applicant subject to a Condor SAO as none were denied urider terrorism grounds.

UNCLASSIFIED

S/S 200407403 United States Department of State Washington, D.C. 20520 April 6, 2 0 0 4

UNCLASSIFIED MEMORANDUM FOR DANIEL MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: National Commission on Terrorist Attacks Upon the United States Request for Information (Follow up to a Briefing) Attached is the study to determine the demand for U.S. passports by U.S. citizens living in and traveling to Canada, Mexico, and the Caribbean, requested by the 9/11 Commission members after a briefing by Deputy Assistant Secretary for Passport Services, Frank Moss. Please note that the attached document is intended for internal use and contains potentially sensitive information. Therefore, we request that the Commission not quote from the document without the agreement of the Department of State. 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 Attachment: As stated.

UNCLASSIFIED

^

^-^

BearingPoint

A Study to Determine the Inaugural and Annual Demand for U.S. Passports by U.S. Citizens Living In and Traveling to Canada, Mexico, and the Caribbean - Phase Two: Developing a Passport Demand Estimate Status Report United States Department of State Bureau of Consular Affairs Passport Office November 12, 2003

Business and Systems Aligned. Business Empowered.7

A9enda

BearingPoint

This briefing provides the Bureau of Consular Affairs Office of Passport Services (CA/PPT) with an update on BearingPoint's progress and activities conducted to meet the task requirements and fulfilling the project objectives. Specifically, this briefing will address the following: Data Collection Update Preliminary Data Analysis Results Project Schedule Management Issues

Business and Systems Aligned. Business Empowered.TO

BearingPoint

Work Breakdown Structure

As illustrated in the Work Breakdown Structure (WBS) below, BearingPoint is supporting Passport Services across three work areas during Phase 2 of the Study to Determine the Inaugural and Annual Demand for U.S. Passports by U.S. Citizens Living In and Traveling to Canada, Mexico, and the Caribbean.

Developing an Upper Bound Passport Demand Estimate

1.1

1.2

Develop Passport; ;':••; ''\beniarid; :;/:?;'•" <: Estimate

Collect Data Sources Contact data owners Secure data sets

1.3

Conduct assessment of data quality

Develop estimate using defined framework

Compile data sources and compute relevant estimates

Prepare final report and briefing package

Conduct appropriate statistical analysis (e.g., variances)

Business and Systems Aligned. Business Empowered.11

Data Collection Update

BearingPoint,

The following data sources have been collected: National Household Travel Survey (NHTS) American Travel Survey (ATS) State Department F-77 reports for all regions and countries ACS System report data, outlining information from all embassies and consulates in the target regions Blue Book of Trucking Companies (being delivered) We have contacted the owners of the following data sets, but have not yet received data: FAST NEXUS SENTRI

Business and Systems Aligned. Business Empowered.

Preliminary ATS Data Analysis Results

BearingPoint

ATS Data represent survey panel respondents who are 18 years or older and heads of household (essentially one adult head of household for each household in the panel). The following are preliminary weighted estimates of the relevant population of 18+ heads of household. 1. 45.1% of the sample (of 10,623 persons) did not answer the passport question, thus presumably did not have any trips during the year requiring an overnight stay. 2. 9.1% of the sample (971 people) said they did travel to Canada or Mexico on business or for leisure. (Note: Caribbean not included.) 5.5% of the sample (582 of the 10,623 people) had a current passport - this is -60% of those who traveled to C/M. 3.7% of the sample (389 of 10,623 people) did not have a current passport - this is -40% of those who traveled to C/M.

3.

An additional 231 people said they made at least one trip to Canada, Mexico or the Caribbean but did not have an overnight stay. These people were not asked the passport question. The number of additional travelers was small enough so that it would not change the passport possession estimates substantially.

4. Preliminary estimates of the percentages of persons traveling to Canada, Mexico, or the Caribbean without passports were prepared based on the responses to the passport question crossed with the distribution of persons traveling to each destination for leisure. The results were: Destination

Have PPT

No PPT

Total

Relative % w/o PPT

Canada

11.35%

8.84%

20.19%

8.84/20.19 = 43.8%

Mexico

21,49%

20.21%.

41.69%

20.21/41.69 = 48.5%

Caribbean

15.2%

5.57%

20.77%

5.57/20.77 = 26.8%

TOTAL

60.24%

39.76%

100.00%

39.76/100.00 = 39.76%

These results are similar to the estimates for persons traveling to Canada and Mexico for business or leisure discussed in item 2 above. These percentages can be applied to the estimated number of unique persons who traveled to C/M/C in 2001-2002 based on NHTS data to produce upper and lower bound estimates of new passports that would be needed. See Pages. Business and Systems Aligned. Business Empowered.™

Preliminary NHTS Data Analysis Results

BearingPoint

NHTS Data represent all people residing in the United States during the survey period from spring 2001 - spring 2002. The nationally representative data are from 26,038 households that participated in the national sample portion of the survey. Preliminary estimates from the long trip portion of the survey (i.e., details of trips that went to a destination at least 50 miles from home) suggest the following: 1. About 29.1 million persons traveled to Canada, Mexico or the Caribbean in 2001-2002. 12.5 million people traveled to Canada 13.6 million people traveled to Mexico 3.0 million people traveled to the Caribbean (excluding US VI and PR) 2. NHTS estimates of travel to Canada, Mexico or the Caribbean correspond to estimates of US Resident's Travel prepared by ITA/Dept. of Commerce which estimates trips to various destinations. The ITA estimates are as follows: 16.2 million trips to Canada 16.8 mijlion trips to Mexico 4.3 million trips to Caribbean (Note: An estimate of trips is naturally higher than persons traveling to particular destinations because some people make multiple trips to the same destination. The ITA estimates are on average about 25% higher than the • NHTS estimates of persons traveling. We are satisfied that the NHTS estimates are close enough for the purpose of estimating passport demand for DOS.) 3. Although neither citizenship nor passport possession were asked in the NHTS, each respondent age 16 and older was asked whether or not he/she was born in the US. Crossing this with the trip destination provided the following preliminary result: Destination % Born in US Canada 67.2% Mexico 43.8% Caribbean 26.8%

Business and Systems Aligned. Business Empowered.

Preliminary NHTS Data Analysis Results (cont.) 4.

^

^^v

BearingPoint

Upper and lower bounds on the number of persons who would need passports were roughly estimated. The upper bound assumed all persons making trips to C/M/C were US citizens. The lower bound assumed that only those born in the US were US citizens (i.e., the number of travelers x the % born in the US). The number of new passports was estimated by multiplying the upper and lower bounds by the percentage of persons who do not possess a passport who traveled to each destination according to the ATS (see ATS item 4 above). The preliminary results for the number of travelers are:

Destination

US Travelers Upper bound

x % Born in US =

US Travelers Lower Bound

Canada Mexico Caribbean TOTAL

12.5 million 13.6 million 3.0 million 29. 1 million

x 67.2% = x 37.9% = x 73.6% =

8.4 million 5.1 million 2.2 million 15. 7 million

x% without PPT= x 48.5% = x 43.8% = x 26.8% =

Need PPT Upper bound

Need PPT Lower bound

6.0 million 6.0 million 0.8 million 12.8 million

4.1 million 2.3 million 0.6 million 7.0 million

The preliminary estimate is that between 7 million and 13 million people who do not have passports would need passports if travel patterns were sustained in the future. The next step in the estimation process is to review and check the work to date, examine the distribution of where the persons needing passports reside so that regional estimates of DOS passport office effort can be prepared, and calculate the standard errors associated with the estimates wherever possible to assess the goodness of the estimates.

Business and Systems Aligned. Business Empowered.71

Original Project Schedule

BearingPoint

The following timeline represents planned activities and deliverables for the Passport Study - Phase II based upon a kickoff date of September 11, 2003.

WBS -1.1 Collect Data Sources S Kick-off Briefing

Progress Meeting

Progress! Meeting T

Progress Meeting

I WBS 1.2 -

Assess Data Quality and Analyze Results

WBS 1.3 - Develop Passport Demand Estimate ' Final Report and Briefing Package I k September 11

September 25

October 9

October 23

Business and Systems Aligned. Business Empowered/

November 6

November 20

Updated Project Schedule

BearingPoint

The following timeline represents an update to the original project schedule. Due to administrative delays in obtaining NHTS and ATS data sets, we have now targeted December 12, 2003 as the delivery date for the Final Report.

WBS -1.1 Collect Data Sources S'Kick-off Briefing

WBS 1.2 •

Progress

Progress

Meeting

Meeting

Progress Meeting

Assess Data Quality and Analyze Results

WBS 1,3 - Develop Passport Djeminif

Final Report and Briefing Package September 11

October 11

November 12

Business and Systems Aligned. Business Empowered.1

November 26

December 12

Management Issues

BearingPoint

In an effort to continue as quickly and efficiently as possible, we have identified the following issues that we would like to bring to CA/PPT's attention:

Obtain final approval from Bureau of Transportation Statistics on use of NHTS data

To date, we have been unable to obtain complete FAST, NEXUS, and SENTRI data sets. This is likely attributed to DHS re-organization issues, new program staff and evolving data collection requirements on their end. We have recently placed additional calls and sent emails, but if we are not able to make significant progress by the end of this week, we may seek CA/PPT's involvement.

We have access to the entire database of American Citizens that have registered with or received services from the Embassies and Consular offices in the subject countries. We plan to determine the number of registrants are in Canada and Mexico and the percentage that used passports to prove citizenship, or provided passport numbers.

We could also extract a list of all registrants and create custom programs that send queries to the Passport database to determine how many actually have passports. This will require support from CA/PPT. Should we pursue this as a method for further refining our estimates?

Business and Systems Aligned. Business Empowered.71

United States Department of State

BearingPoint

Please refer questions regarding this presentation to: Christopher R. Marston, Managing Director Eric J. Martin, Manager BearingPoint 1676 International Drive McLean, VA 22102-4828 Tel: (703) 747-4684

This document is protected under the copyright laws of the United States and other countries as an unpublished work. This document contains information that is proprietary and confidential to BearingPoint or its technical alliance partners, which shall not be disclosed outside or duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate BearingPoint. Any use or disclosure in whole or in part of this information without the express written permission of BearingPoint is prohibited. © 2003 BearingPoint (Unpublished). All rights reserved.

Business and Systems Aligned. Business Empowered.™ -

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S/S 2 0 0 4 0 7 4 0 3 United States Department of State Washington, D.C. 20520 April 6, 2004

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UNCLASSIFIED MEMORANDUM FOR DANIEL MARCUS NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: National Commission on Terrorist Attacks Upon the United States Request for Information (Follow up to a Briefing) Attached is the study to determine the demand for U.S. passports by U.S. citizens living in and traveling to Canada, Mexico, and the Caribbean, requested by the 9/11 Commission members after a briefing by Deputy Assistant Secretary for Passport Services, Frank Moss. Please note that the attached document is intended for internal use and contains potentially sensitive information. Therefore, we request that the Commission not quote from the document without the agreement of the Department of State. 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 Attachment: As stated.

UNCLASSIFIED

' 7? # UNITE*5'

Thomas H. Kean

DOS DOCUMENT REQUEST NO. 16

CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton Bob Kerrey John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow E X E C U T I V E 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 materials no later than June 8, 2004 (the "production date"): 1. All records relating to the decision in May 2003 to prevent the admission into the United States, but not to revoke the visa, of Fahad al Thumairy, an accredited diplomat with the Saudi Arabian consulate in Los Angeles, California. 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, thorough 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. May 25, 2004

Daniel Marcus General Counsel

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

Page 1 of 1 oanne Accolla From: nt:

Steve Dunne Tuesday, May 25, 2004 9:42 AM

To:

'Hofmann, Karl W

Cc:

[email protected]'; Dan Marcus; Team 5; Team 1A; Dianna Campagna

Subject: DOS document request no. 16

Karl: Attached as a Word document is DOS document request no. 16. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

5/25/2004

Thomas H. Kean CHAIR

DOS DOCUMENT REQUEST NO. 17

Lee H. Hamilton VICE CHAIR . , ,„

.

Richard Ben-Vemste

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 June „„ , , , ..... ^ 17, 2004 (the "production date"):

Fred F. Fielding

Jamie s. Goreiick Siade Gorton Bob Kerrey

whole;

Lehm Timothy]. Roemer James .

1 . Visa statistics for fiscal years 1998 through 2004, including preliminary figures on the most recent quarter available setting forth: a- me total number of nonimmigrant visa applications and issuances at consulates abroad for (i) the Middle East as a whole, and (ii) Asia as

ompson

D. Zelikow E^^UTIVE

^' ^ tota^ num^er ^ nonimmigrant visa applications and issuances at posts abroad, by country, for Iran, Syria, UAE, Jordan, Saudi Arabia, Lebanon, Egypt, Libya, Pakistan, Afghanistan, Indonesia, Yemen, and Malaysia; c ^ ^^ numjjer Of nonimmigrant visa applications and issuances for business (Bl), pleasure (B2), Border Crossing Cards, transit aliens, C visas, D visas, students (F), vocational students (M), exchange visitors (J), exchange visitors (Q), exchange visitors (P), representatives of foreign media (I), internationally recognized and unique artists (PI and P3), and workers in religious occupations (Rl); d. the total number of nonimmigrant visa applications and issuances for students and temporary visitors visas (classes above), by country, for Iran, Syria, UAE, Jordan, Saudi Arabia, Lebanon, Egypt, Libya, Pakistan, Afghanistan, Indonesia, Yemen, and Malaysia; and e. the total number of immigrant visa applications and issuances at posts abroad for Asia, the Middle East, North America, Europe, and Latin America. 2. Documents setting forth the State Department's position on: a. whether there have been declines since September 11, 2001 in visa applications for student and exchange visitors (i) in general, (ii) in the fields of math and science, and (iii) from the Middle East and Southeast Asia; b. whether there has been an increase since September 11, 2001 in the number of student visas not renewed at some point during the duration of studies; c. the role visa processing requirements adopted since 9/1 1 have played in any declines in visa applications; d. what the other causes are for such declines; and e. the effect of any such declines on U.S. commerce and trade. TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

fument Request No. 17

The Commission requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, thorough means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 3, 2004

Daniel Marcus General Counsel

Page 1 of 1 ,ne Accolla "V

£com: .it:

Steve Dunne Thursday, June 03, 2004 10:04 AM

To:

'Hofmann, Karl W

Cc:

[email protected]; Dan Marcus; Team 5; Dianna Campagna

Subject: DOS document request no. 17

Karl: Attached as a Word document is DOS document request no. 17. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

6/4/2004

United States Department of State Washington, D.C.

20520

April 2 8 , 2 0 0 4

TOP SECRETV/HUMINT//NOFORN^ReeN (SENSITIVE BUT UNCLASSIFIED when separate 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 Nos. 7 and 10) (U) (U) This is in response to two National Commission on Terrorist Attacks Upon the United States' requests for Department of State documents. (SBU) Attached are sixty documents, including special compartments, responding to the Commission's 7th and 10th requests. They were assembled based on an e-mail exchange earlier this year concerning visa documents and are in addition to earlier submissions responding to the same requests. (U) 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 appropriately 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.

SENSITIVE BUT UNCLASSIFIED when separate from attachments Derived from: Multiple Sources Reason for Classification: E.O. 12598 1.4(c) and (d) DECL ON: Sources marked XI

TQF"SE€ (SENSITIVE BUT UNCLASSIFIED when separate from attachments) -2(U) Please note that some of the material is marked "Sensitive but Unclassified." Although this material is not classified in and of itself, its designation as "Sensitive but Unclassified" requires special handling. In addition, the attached information 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 States." Therefore we request that the Commission protect these documents from unauthorized disclosure. (U) 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

,ORCON7/MR(SENSITIVE BUT UNCLASSIFIED when separate from attachments)

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United States Department of Stat Washington, D.C. 20520 June 1, 2004

SENSITIVE BUT UNCLASSIFIED when searate from attachments

MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT: (U) National Commission on Terrorist Attacks Upon the United States Request for Documents (Request for Documents No. 16) This is in response to National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. (U) Attached are fifteen TIPOFF documents, including special compartments, responding to the Commission's 16th request concerning a named Saudi Arabian diplomat. Other submissions will demonstrate that this subject's visa had already been revoked by the time he applied for entry into the U.S. (SBU) 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 appropriately 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. (U) Please note that some of the material is marked "Sensitive but Unclassified." Although this material is not classified in and of itself, its designation as "Sensitive but Unclassified" requires special handling. In addition, the attached information is protected from disclosure under Section 222(f) of the Immigration and Nationality Act, 8 U.S.C. 1202(f), and, in

SENSITIVE BUT UNCLASSIFIED when separate from attachments

SENSITIVE BUT UNCLASSIFIED when separate from attachments 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 States." Therefore we request that the Commission protect these documents from unauthorized disclosure. (U) We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions. (U)

Karl Hofmarur Executive Secretary

SENSITIVE BUT UNCLASSIFIED when separate from attachments

/

*CL/(/ —^ P"jf S/S 2d(R13501 XR 200412121

United States Department of State Washington, D.C. 20520 June 8, 2 0 0 4

(UNCLASSIFIED When Separated from Classified Attachment) 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. 16 This is in response to the National Commission on Terrorist Attacks Upon the United States sixteenth request for Department of State documents. Attached is the first installment of documents in response to the Commission's Request No. 16. According to the Commission's latest request, the decision was made to revoke Al Thumairy's visa in "May 2003," and State did "not... revoke the visa..." According to State's records, the decision and revocation actually happened in March 2003. Al Thumairy was issued an A-2 visa at the Department on August 27, 2002. In March 2003, State received a request to revoke Al Thumairy's visa based on information from another agency. On March 19, 2003, State entered his name in CLASS as a VRVK (revocation) hit. The certificate of revocation was signed on March 21, 2003, and that same day State sent a cable to Riyadh informing them of the revocation.

(UNCLASSIFIED When Separated from Classified Attachment) Classified by: Assistant Secretary Maura A. Harty Reasons: E.G. 12958 1.5, (b), (c) and (d)

(UNCLASSIFIED When Separated from Classified Attachment) 2 The attached consists of seven classified, five unclassified and two INTEL documents. Under Executive Order No. 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure the information will be given protection equivalent to that afforded to such information within the Executive Branch. Accordingly, we ask that the Commission protect the classified information by applying standards at least as stringent as E.O. 12958, as amended, on the handling of classified information. Please note that the attached document 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 States." Therefore, we request the Commission protect these documents, as well as all of the other attached documents, 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.

Jt\\,

Kirl Hofmann Executive Secretary

Attachments: 1. Index and Department of State documents 2. Incoming request

QJNCLASSIFIED When Separated from Classified Attachment)

200412121

United States Department of State Washington, D.C. 20520 June 23, 2 0 0 4

SENSITIVE BUT UNCLASSIFIED (UNCLASSIFIED When Separated from Classified Attachment) 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. 16 This is in response to the National Commission on Terrorist Attacks Upon the United States sixteenth request for Department of State documents. Attached is the second installment of documents in response to the Commission's Request No. 16. The attached consists of two unclassified documents. Although this material is not classified, the designation as "Sensitive But Unclassified" requires special handling. The attached documents contain 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 States." Therefore, we request the Commission protect these documents 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.

~/JV Karl Hofmann I FExecutive Secretary Attachments: 1. Index and Department of State documents 2. Incoming request SENSITIVE BUT UNCLASSIFIED (UNCLASSIFIED When Separated from Classified Attachment)

WITHDRAWAL NOTICE

Series: Team 5 Files Folder: Copies of Document Requests and Response Letters from Agencies, Filel (2 of 3) Date: 5/27/2004 Pages: 13 Description: 9/11 Commission Document Request No. 16 (second installment) from the Department of State Reason for withdrawal: classification review pending

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