T5 B55 Cia-state Docs Re Blind Sheikh 1 Of 3 Fdr- Entire Contents- Doc Index- Memos- Cables- Withdrawal Notices

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission Team 5, FRC Box 23 NND PROJECT NUMBER:

51095

FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004

FOLDER: 0008

COPIES: 1 PAGES:

TAB: 1

DOC ID: 31194383

56

ACCESS RESTRICTED The item identified below has been withdrawn from this file: FOLDER TITLE: CIA/State documents re Blind Sheikh 1 of 3 DOCUMENT DATE:

DOCUMENT TYPE: Report

FROM: CIA TO: Marcus SUBJECT:

Response to DCI document request no. 39

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

S/S 200402078

XR 200319446

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

February 4, 2004 TTNCLASSIFIED 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 farther response to the National Commission on Terrorist Attacks Upon the United States' fourth request for Department of State documents. Attached is the fifteenth installment of documents in response to the Commission's fourth request, specifically documents in response to item 1. This installment consists of 9 documents, primarily memoranda. The attached materials 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 ot the United States." Therefore, we request that the Commission protect all of the 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.

Karl Hofhiann Executive Secretary Attachments: ,T . L Index and Documents Responsive to Document Request No. 4, Item number 1. 2. Incoming request.

UNCLASSIFIED

Index of Documents To the National Commission on Terrorist Attacks Upon the United States Case No. S200300007 Segment CA007 Doc Date Type From

Title / Subject

Mesa No

TPS Doc #

Class

10/09/1991

TM

CARLSON, KELLY

TRANSLATED DOCUMENTS FROM EGYPT

CB 004

N

09/05/1991

MI

AL-FAYOUM

TRANSLATION: DOC #2 - AL-FAYOUM PROSECTION- MEMORANDUM REGARDING LAWSUITS #12163,12164, 12167, 12168 OF 1986 AL-FAYOUM

CB 004A

N

(/ 07/07/1991

MI

MAHMOUD, ABDEL MEGUDD

TRANSLATION:DOC #1 - GENERAL PROSECUTION

CB 004B

N

09/11/1991

MI

ABBAS, MAHMOUD

TRANSLATION:DOC#3 - GENERAL PROSECUTION - STATEMENT OF FACTS, AS ENTERED IN OFFICIAL RECORDS AND DOCKETS, OF LAWSUIT #462 OF 1981 HIGHER STA

CB 004C

N

1/09/11/1991

MI

ABBAS, MAHMOUD

TRANSLATION:DOC#4 - GENERAL PROSECUTION - STATEMENT OF FACTS, AS ENTERED IN OFFICIAL RECORDS AND DOCKETS, OF LAWSUIT #351 OF 1985 HIGHER STA

CB 004D

N

09/11/1991

MI

ABBAS, MAHMOUD

TRANSLATION:DOC#5 - GENERAL PROSECUTION - STATEMENT OF FACTS, AS ENTERED IN OFFICIAL RECORDS AND DOCKETS, OF LAWSUIT #258 OF 1989 HIGHER STA

CB 004E

N

07/16/1993

ME

RYAN, MARY A

ISSUANCE OF NONIMMIGRANT VISAS TO SHEIK ABDEL RAHMAN

CB005

N.

V07/07/1993

ME

FUNK, SHERMAN M

ISSUANCE OF NONIMMIGRANT VISAS TO SHEIK ABDEL RAHMAN 1

CB 005A

N

Index of Documents To the National Commission on Terrorist Attacks Upon the United States Case No. S200300007 Segment CA007 Doc Date Type From

Title / Subject

07/15/1993

ISSUANCE OF NONIMMIGRANT VISAS TO SHEIKH ABDEL RAHMAN

ME

SCULLY, CORNELIUS D, III

Mesp No

IPS Doc # CB 006

Class N

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Al-Fayoiin Prosecution

//

Memorandum Regarding Lawsuits 0 12163, 12164, 12165, 12167, 12168 of 1986 Al-Fayoum

1, Lawsuit 12163/36 : Found recorded against 'Omar Ahmed 'Ali 'Abdurrahman. The charge was falsification of a private note "Cheque". The ruling was pronounced in his presence in the hearing of December 8,1987 and was confirmatory (of previous sentence). Defendant was sentenced with one month imprisonment with stay of execution, and payment of expenses (of lawsuit). 2.

Lawsuit # 12164 : Found recorded against 'Omar Ahmed

•Abdurrahman. The Charge was falsification of a private note "cheque". The ruling was pronounced in his presence in the hearing of > \.

8,1987, and was confirmatory

(of previous sentence).

was sentenced with one month imprisonment with stay of execution, and payment of the expenses. 3.' Lawsuit # 12165 : Found recorded against 'Omar Ahmed 'Abdurrahman. The Charge was falsification of a private note "cheque", The ruling was pronounced in his presence in the hearing of Dec. 8,1987, and was confirmatory (of previous sentence). Defendant was sentenced with one month imprisonment with stay of execution, and payment of the expenses. A.

Lawsuit 0 12167 : Recorded against 'Omar Ahmed 'Abdurrahman, The

Charge was falsification of a private note "cheque11. The ruling was pronounced in his presence in the hearing of Dec. 21,1987, Defendant fourd not guilty.

De

5. Lawsuit # 12168 : Found recorded against 'Omar Ahmed 'Abdurrahman. The Charge was falsification of a private note "cheque".' The ruling was pronounced in his presence and was confirmatory (of previous sentence). Defendant was sentenced with one month (imprisonment), L.E.50 bail, L.E, 51 expenses, and L.E, 5 legal attorney fees. Defendant appealed, and, Case entered in register, #581 of 1988 Al-Fayoum. The ruling, in the hearing of June 22,1988, confirmed total stay of execution, and stated the civil plaintiff's abandonment of the civil action.

Chief of Criminal Department

Director of Prosecution

(Signed)

(Signed) f-

September 5,1991

Official Seal Ministry of Justice, Al-Fayoum Prosecution

Translation ; Doc.ffl GENERAL PROSECUTION CFFICE OF THE PROSECUTOR GENERAL HIGHER STATE SECURITY PROSECUTION

Maj, General

Assistant to the Minister of Interior for State Security Intelligence Affairs Dear Sir, On the occasion of the investigations the Prosecution is conducting in the Case # 318/91 "Higher State Security", we order the arrest and summons of defendant 'Omar Ahmed 'Abdurrahman as soon as he has f- • arrived to the country (Egypt). v,v., Date Issued : July 7,1991 Time

: 11:30

Very Respectfully yours Attorney General

- - • -

Higher State Security Prosecution Counsellor (Signed) Abdel Megidd Mahmoud • •„_., ,&*,***-'— • • •— "

Official Saal Office of the Prosecutor General

0

Translation ; Doc.<

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GENERAL PROSECUTION OFFICE OF THE PROSECUTOR GENERAL HIGHER STATE SECURITY PROSECUTION Statement of facts, as entered in official records and dockets, of Uawsuit # 462 of 19Bl Higher State Security

According to the dockets, it appears that Case # 462 of 1581 was a Higher State Security case, and that 'Omar Ahmed 'Abdurrahman was included in the Committal Cfrder of this case with the charge of participation with others 'in the attempt of forcibly overthrowing of the regime and changing of the Constitution, and formation of an armed terrorist group whose leaders were the defendant and others. The case was looked into in the hearing of .September 30,1984. In his presence, the Court ruled that defendant was'-not guilty of the charges leveled against him. Additionally, looking into a copy of the verdict in Case * 7/B1 "Military" on the assasination of the former President of the Republic which is attached to the abovementioned Case, it was found out that this defendant was also included in the Committal Order of this case, as he was charged with participation through instigation with other defendants in this Case in wilfully and knowingly committing the felony of murder of former President of the Arab Republic of Egypt. This Case was looked into by the Military Court in his presence in the hearing of March 6,1982. Defendant was found not guilty Director, General Department for Higher State Security Prosecution Affairs Official Seal

(Signed) Mahmoud 'Abbas Sept. 11,1991

Translation ; Doc. #A General Prosecution Higher State Security Prosecutioo-

Statemerit of facts, as entered in . official records and dockets, of Lawsuit # 351 of 1985 Higher State Security . According to the file of this Case, it appears that 'Omar Ahmed •Abdurrahman was charged with the leadership and formation of an underground military organization opposed to the established regime, and dissemination of provocative propaganda causing disturbance to i.*'

public security and harming public interest. Defendant was interrogated and imprisoned, pending looking into the litigation, on July 24,1585, and was released in-.October 28,1985. No action has yet been taken in the Case.

Director, General Department for Higher State Security Prosecution Affairs (Signed) Mahmoud 'Abbas Sept. 11,1991 Official Ss£l Higher State Security Prosecution

Trsnslation ; Doc.#5

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GENERAL PROSECUTION

OFFICE OF THE PROSECUTOR GENERAL HIGHER STATE SECURITY PROSECUTION

Statement of facts, as entered in official records and dockets, of Lawsuit # 258 of 1989 Higher State Security #3052, of. 1989 Administrative AI-Fayoum .According *o the docket, it appears that this Case was recorded

.•

. against 'Omar Ahmed 'Abdurrahman and others, that he participated, • and others^,in a gathering with the purpose of committing of crimes of assault against individuals and public funds, and influencing the authorities in carrying out their duties, by"Use of force and violence, ceirrying fire arms and ammunitions and steel weapons. Case was referred to the Court. Ruling was pronounced in absentia. Defendant was found not guilty of the charges leveled against him. Director, General Department for Higher State Security Prosecution Affairs (Signed) Mahmoud 'Abbas Sept. 11,1991 Official Seal Higher State Security Prosecution

//

United States Department of Stale

Assistant Secretttrc uf Stale , (\{s\r Consular Affai

Washington, D.C. 20520 July 16,

1993

MEMORANDUM TO:

DIG - Sherman M. Funk

FROM:

CA - Mary A. R

SUBJECT:

Issuance of Nonimmigrant Visas to Sheik Abdel Rahman

REF:

Your Memorandum of July 7, 1993

It is not possible to answer definitively whether or not visas (particularly the one issued in 1990) should have been issued or denied based on the evidence and information available at the time of application, because we do not know with certainty today the extent of the evidence or information available at those times. What can be said is that it is still not clear sufficient evidence or information was available then to ensure that the visas would have been denied under the existent law had the proper procedures been followed. In 1990, given the effect of section 901 of P.L. 100-204 on Section 212 (a) of the Immmigration and Nationality Act (I1CA) , mere advocacy of or incitement to acts of terrorism would not have been sufficient for ineligibility under Section 212 (a) (28). Then (as now) evidence of actual involvement in terrorist activity beyond mere words would have been required. Taking into account that the Sheik had been acquitted by an Egyptian court on the charges brought against him in the Sadat assassination, there is no evidence we have seen that clearly establishes that his activities in support of terrorism extended beyond mere words.

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\o we

I That determination, have had to be made at the Undersecretary level, based on arguments that might have been made regarding the effect of his entry on the public interest. Not knowing how those arguments might have been framed, it is not possible to say whether, based on what was known about the Sheik then, they would have been persuasive. However, in view of the climate of criticism of the then Administration regarding refusal of visas on 'ideological grounds", it cannot be taken for granted that the decision would have been to deny him the visa. I enclose a paper prepared in the Visa Office which examines the question in more detail.

Attachment: As stated.

United States Department of State The Inspector General

Washington, D.C. 20520-6817 July 7, 1993

\itl

\ :'

MEMORANDUM TO:

CA - Ms. Mary A. Ryan

FROM:

OIG - Sherman M.

SUBJECT:

Issuance of Nonimmigrant Visas to Sheik Abdel Rahman

During our work on the subject of visas issued to Sheik Rahman, our team concluded that sufficient evidence was available at the time to deny each of his applications, if the information had been properly entered into the lookout system and/or accessed. This conclusion was generally concurred in bv officials at the time the visas were issued. I

9/1: Closed ::.y .Statute

Shortly before the June 30 hearing we were provided a copy of Mr. Scully's June 22, 1993, memorandum which stated his opinion that a better-than-average chance existed that the Department's Legal Adviser would have found that a refusal of the Sheik's visa in 1990 would have violated immigration law. This issue may likely attract considerable attention during the upcoming open hearing on July 22. I very much need to understand CA's official position on whether the visas (particularly the 1990 one) should have been issued or denied, based on the evidence and information available at the time of the applications. My team will be happy to discuss this matter and share all information we collected from officials (past and present) and post files. I would appreciate your written response by July 16, 1993, so that I can properly examine it in advance of the next hearing. Your staff can contact John Payne at 7-7096 or Linda Topping from my Office of Counsel at 7-5059 if you have questions.

u United States Department of State Washinglon, D.C. 20520

rjUU51993 To

:

CA - Mary A. Ryan

Through:

CA/VO - John H. Adam

From

CA/VO/L - Cornelius D. Sc\iiy$/l

:

III

I

Subj

: Issuance of Nonimmigrant Visas to Sheikh Abdel Rahman

Ref

:

OIG memorandum of July 7, 1993

For possible use in responding to the request set forth in the memorandum under reference, I offer the following comments. Before going into a technical analysis, I believe I should explain the state of.affairs as I understand it. After receipt of the memorandum under reference, I discussed this matter with Mr. Brennan and Ms. Brown of OIG and reviewed documents dating between 1982 and November 199.0 assembled by the OIG team during its investigation to date. As Mr. Brennan explained the matter to me,

Being unable to review the actual file, the investigators thereafter interviewed a number of officers who had been stationed in Cairo during the pertinent periods and obtained their recollections of the nature and substance of the information which was contained in the file during its existence. |

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J I was unable to review the records ofthose interviews since, according to Mr. Brennan, they have not as yet been transcribed. As a result, insofar as the Sheikh's possible ineligibility on terrorist grounds in 1990 is concerned, I cannot make a d e f i n i t i v e judgment . __\1 Closed by Statute

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J A c c o r d i n g l y , although it wouldhave been legally permissible to grant the sheikh a waiver of ineligibility to permit his temporary entry notwithstanding the ineligibility, the decision whether or not to do so would have been entirely discretionary. Obviously, it is not possible to know with certainty how that discretion would have been exercised, but it was long-standing Department policy that waivers would not routinely be obtained for aliens ineligible for past terrorist activity. Thus, someone would have had to make a convincing case for the propriety of obtaining a waiver for the Sheikh in order for the necessary recommendation to be made to the Immigration and Naturalization Service. If, on the other hand, the Cairo file had reflected a history of extremist statements, advocating the overthrow of governments which failed to function according to Islamic law and the overthrow or assassination of the rulers of such government, but not a history of terrorist acts or actions in furtherance of terrorism, the situation would have been quite different. It is here that section 901 comes into the equation. Section 901 must be seen in its context. Beginning in about 1983 various groups opposed 'to Reagan Administration policies vis-a-vis Central America and Cuba and with respect to nuclear_ disarmament began to charge that the Administration was depriving American citizens of their First Amendment right to hear the views of aliens who sought to enter to participate in public debates on these issues and whose views were antithetical to those of the Administration. These charges were pursued in various ways — in

-3the media, in the courts and through the legislative process. AS the 1980s wore on, the charges became ever more expansive and positions on the matter became more polarized. Ultimately, opponents of the Administration came to characterize sections 212(a)(27), (28), and (29) as the "ideological exclusions" and to insist upon their outright repeal. Now, outright repeal of all three sections would have had catastrophic consequences. The problem the Administration faced at the time, however, was that attempts to explain that fact and to describe what the consequences would be were dismissed as political subterfuges designed to thwart reform of an unjust system, making it possible for the Administration to continue its nefarious practices. The atmosphere which all of this produced within the Department is difficult to imagine at this remove, but there was substantial apprehension about any politically sensitive visa refusal. Secretary Shultz was personally very concerned, as he made clear to then Assistant Secretary Joan Clark. The legislative process began in 1984 or 1985 with the introduction by Cong. Frank (D-Mass) of a bill to revise section 212(a) of the Act. Hearings were held on that bill, but it was not enacted in that Congress, nor in the next. Mr. Frank again introduced it in the 100th Congress, but again it appeared unlikely to be enacted. It was at this point, that other like-minded members proposed and had enacted section 901. Initially, section 901 was limited to a fifteen month period beginning on January 1, 1988. The report of the conferees on P.L. 100-204 makes it clear that the time limit was in anticipation of the enactment of permanent revisions to sections 212(a)(27), (28), and (29) of the Act. In the event, the completion of that revision process was delayed until late 1990. As a result, section 901 was, first, extended for a two-year period and, later, made permanent. In the process, it was also modified to apply only to nonimmigrant aliens. (Initially, it had applied to all aliens, immigrant or nonimmigrant.) Section 901 was repealed by the Immigration Act of 1990, as of June 1, 1991, the effective date of the permanent revisions of section 212(a). Upon the enactment of section 901, the Administration took the position that section 901 did not repeal or suspend the application of any provision of the Act, specifically sections 212(a)(27), (28), or (29). It conceded that an alien could not be denied admission under those sections for reasons specified in section 901, but asserted that aliens could be denied under those sections for reasons other than the prohibited ones.

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With specific respect to sections 212(a)(28)(C) and (F), the Administration took the position that it continued to be legally permissible to make findings of ineligibility under those sections in respect of nonimmigrants, but that, where the finding of ineligibility was based upon mere membership or affiliation or upon statements which would bring the alien within the purview of either section, section 901 mandated that a waiver of ineligibility be recommended and granted to permit temporary entry notwithstanding the ineligibility. Almost immediately thereafter, yet another controversy arose over the Administration's position. Proponents of section 901 asserted that its enactment suspended the operation of those section^ eliminating the need for waivers of ineligibility, and accused the Administration of bad faith in its failure to act accordingly. This controversy became particularly acute after the final amendment of section 901 which made it permanent. In this connection, I am enclosing for your information a copy of a May 23, 1990 letter to the Secretary from Messrs Frank, Morrison, Edwards, Schumer, Herman and Kastenmeier. All six were then members of the House Judiciary Committee; four of them members of the Subcommittee on Immigration. I am also enclosing a document prepared for the use of Cong. Frank by the Congressional Research Service on this subject, I hasten to say that the Administration did not agree with the interpretation espoused in either document, but I think they are of interest in terms of the climate which existed at the time of the Sheikh's May 1990 visa application. In connection with section 901 and its impact on this subject, Mr. Brennan expressed the view to me that Congress did not intend to cover people like the Sheikh, but rather intended section 901 to apply only to Communist Party members. While that could, of course, be the case, the documents available to me do not support that opinion. The conferees stated "For example, such exclusions, restrictions, or deportaeions"would Ihot be appropriate if based on an alien's criticism of the United States or U.S. policies; an alien's attempt to influence lawfully the outcome of legislation before the Congress; or an alien's mere membership in a Communist, anarchist or other organization proscribed under current law." In addition, the Congress expressly denied the benefits of section 901 to aliens who were members, officers, officials,

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v\\>,

representatives or spokesmen of the PLO. .The PLO had been designated as a terrorist organization in 1974 and the Congress clearly understood that section 901 would apply to its members and those who made statements in its support unless they made special provision with respect thereto. I believe that, the: fact that the Congress made special provision for a named terrorist organization and its members strongly suggests that it knew that membership in terrorist organizations generally would be within the purview of section 901. Finally, the successor provision to section 2.12 (a.) ( 2ST). (F ) — section 212(a)(3)(B) -- is very carefully written to cbnfinife itself to terrorist activity and actions in f urtherance .thereof.

am enclosing a copy of that document for your information as well. | | | j-it was shared on an informal basis with a, member of Cong. Frank's staff and of the staff of the House JUdiciary Subcommittee on Immigration. Both expressed agreement with, its terms. I do not know whether either Mr. Frank or actual members of the Subcommittee saw the draft.

I turn back now to the Sheikh's May 1990 visa application,in light of the foregoing and the possibility that the Cairo file would have shown nothing more than extremist, terrorist . statements, but not activity./ ~~~~"" ~ \e attorney at Justic

who handled all the litigation on foreign policy refusals expressed the view then, and continues to hold it, that allowing the prohibition against denials because of statements, beliefs, or

-7year. Cairo also reported that it routinely issued nonimmigrant visas to Muslim clerics seeking to preach at mosques in the U.S. once it was satisfied that all expenses were being covered by the U.S. interested party. Thus, by the time the Sheikh applied in May 1990 he had travelled temporarily to the United States at least once and perhaps twice and had not violated, so far as we know, the terms and conditions of his admission. I

While we now k.now that the Sheikh applied for adjustment of status several months after arriving her^ there is nothing.to indicate that the consular officer at Khartoum could have had reason to suspect that he would do so. In fact, we have no way of knowing at what point the Sheikh made the decision to seek permanent residence. He could have had that in mind in May 1990 or even before then. He could have decided to do so after arrival here, for reasons which arose after entry. We know nothing of that aspect of the matter and will likely never learn anything meaningful about it. Thus, the most that can possibly be said is the broad generalization that a consular officer can doubt the nonimmigrant bona fides of any applicant, depending upon what is said by the applicant during the interview and his demeanor. encl: (1) (2) (3) (4) (5)

Letter of May 20, 1990 CRS Memorandum of May 9, 1990 91 State 178327 L/CA FAX of October 9, 1991 Memorandum of October 18, 1991

Drafted: CA/VO/L:CDScullyIIl:cds 7/15/93 WDS3501D X31184

Clearance: CA/VO-JHAda

TAB 1

DOS DOCUMENT REQUEST NO. 4 Thomas H. Kean CHAIR-

Lee H. Hamilton VICE CHAIR

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

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

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

DOS Document Request No. 4 Page 3 b. signed by the Assistant Secretary for Consular Affairs; or c. signed by the Assistant Secretary for Legislative Affairs. 8. Congressionally Required Reports. a. A list of reports prepared for Congress that are required by statutes, or by conference or committee reports, addressing border security or control matters (including visas and passports, arid handling of refugees/asylees) that relate to terrorist entry, alien smuggling, and travel document fraud (classified and unclassified), from 1995 to the present; and b. Copies of the congressionally required reports concerning denials of visas on terrorism/security grounds, including any classified supplements with individualized information. 9. Analyses. Legal analyses prepared at the State Department concerning: authority and standards for watchlisting individuals associated with terrorism; authority to gain cooperation from intelligence and law enforcement agencies on watchlist information; interagency sharing of watchlist information; harmonization of U.S. and Canadian visa and/or entry requirements; the use of U.S. passports to enter the U.S. from Mexico and/or Canada; and standards for revoking of visas, from 1993 through 2003. 10. Refugee/Asylee Security Review Process. Documents sufficient to describe: a. the security review and clearance process for asylees and refugees from 1998 through September 11,2001; b. new security requirements in the immigration process for refugees and asylees imposed since September 11,2001; c. the number of asylee and refugee applicants and the number who have been barred on terrorist-related grounds from 2000 to the present; and d. the number of asylee and refugee applicants for whom security reviews are currently pending. ' 11. Watchlists. Agreements among DOS and other government agencies regarding information sharing on terrorist watchlists, from 1991 through 2003. 12. Alien Smuggling. Intelligence assessments prepared by INR that linked alien smuggling, migration, or transnational refugee and asylee movements with terrorists, from 1996 through 2003. 13. TIPOFF. The following information on the TIPOFF program: a. the number of entries in TIPOFF by year, from its inception as a computerized system to the present, with 6 month total numbers for 2001,2002, and 2003; b. the total number of entries submitted by source agency, by year, from 1998 to the present; c. the total number of true hits (matches of visa applicants and watchlisted individuals) identified for years 1993 through 2003, the number of visas denied based on these matches, and the reasons for these denials; and

9/11 Closed by Statute

DOS Document Request No. 4 Page 4 d. the TIPQFF entries d 1 | | for all TIPOFF true hits for Islamic extremist terrorists generally, and al Qa'ida specifically, from 1993 to the present, indicating those to whom visas were issued or denied, or issued through a waiver of ineligibility, and the post of application. 14. Supplemental clearances. a. documents (classified and unclassified) stating the legal authority, requirements and procedures for the supplemental visa clearance processes (a) for males of specified countries and age groups, instituted after September 11, 2001, and (b) for sensitive technology-related visas; b. the number of clearances sought through each process to date; c. the number of individuals found ineligible or to whom a visa was denied through each process, who were not already listed in TIPOFF, by agency providing the clearance or derogatory information; d. for those denied, the names, aliases, dates of birth, countries of origin and nationality, passport number, visa classification, date and place of issue, and the reasons for the denials, with an indication of which clearance process resulted in the bar and/or whether a waiver of ineligibility was sought or obtained; and e. memoranda reporting on the evaluation and associated recommendations concerning the supplemental visa security review process instituted after September 11,2001, and still in effect. 15. ICAO. Documents sufficient to describe the U.S. government position on machinereadable travel documents and biometrics, associated with ICAO meetings, from 1998 to the present. 16. G-8. Documents sufficient to describe U.S. positions concerning border security or control issues (visas, passports, biometrics, migration, refugees/asylees, alien smuggling, travel document fraud) at the G-8 meetings, from 1998 through 2003. 17. IOM. Documents sufficient to describe U.S. positions on any discussions in the International Organization for Migration concerning terrorist mobility, from 1998 \h 2003. 18. Diversity Program. Any memoranda or telegrams concerning the relationship between fraud or other vulnerabilities in the Diversity Program and terrorist entry to the U.S., from 1998 to the present.

19. Foreign Government Visa Policies. Any analyses of foreign government visa policies and their impact on terrorist mobility, e.g.\ |and various island nations' citizenship purcha present.

DOS Document Request No. 4 PageS 20. Annual Post Fraud Reports. Annual reports on fraud in the visa process sent from Berlin, Abu Dhabi, Dubai, Jeddah, Riyadh, Karachi, Islamabad, Cairo, Amman, Ankara and Istanbul from 1998 to the present. 21. Diplomatic Security and/or Consular Affairs. a. copies of Diplomatic Security or Consular Affairs alerts issued from 1998 to the present concerning passport and visa fraud, including alerts concerning access by terrorists to blank passports or fraudulent visas; b. an index of reviews carried out by Consular Management Assessment Teams or their predecessors to assess post consular vulnerabilities, 1998 to present; c. Diplomatic Security reporting relating to Islamic extremist terrorist threats against individuals, groups or sites in the United States sent to Washington by the field, from August 7,1998 through September 11,2001; d. copies of foreign airport in-transit reports of Islamic extremist terrorists apprehended with fraudulent travel documents, from 1998 to the present; e. analytic products that discuss the use of fraudulently obtained birth records and drivers licenses in acquiring visas and passports, from 1998 to the present; f. analytic products that discuss the link between passport and visa fraud and terrorist entry to the U.S.; j g. annual arrests, referrals for prosecution (federal or state), declinations, and case results, resulting from investigations of passport and visa fraud, noting any involving Islamic extremists, from 1998 to the present; and h. information concerning Diplomatic Security's current mission with respect to preventing terrorist entry to the U.S. and resources dedicated to it. 22. Doha Visa Fraud. Summary report of the results of the investigation into alleged visa fraud at the U.S. Embassy in Doha, Qatar, referred to as "Operation Eagle Strike," including: a. the names, dates of birth, passport country, passport and visa numbers of individuals issued the fraudulent visas, and immigration status of each; b. the manner in which the visas were acquired; c. names and positions of those taken into custody, in connection with the provision or acquisition of the visas; d. whether any of the persons sought had terrorist affiliations, the nature of those affiliations; e. current status of any cases; f. results of the investigation into the employees who processed visa applications during the time of the fraud; and g. any disciplinary or other actions taken as a result of the investigation. 23. Ambassador, DCM, and Principal Officers. Provide the names of the Ambassadors or charge d'affaires, the Deputy Chiefs of Mission, the Principal Officers and the Consular Section Chiefs for the period January 1,1999 through the present, for posts in Egypt, Saudi Arabia, United Arab Emirates, Pakistan, and Germany.

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

Daniel Marcus General Counsel

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission Team 5, FRC Box 23 NND PROJECT NUMBER:

51095

FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004

FOLDER: 0008

COPIES: 1 PAGES:

TAB: 4

DOC ID: 31194386

23

ACCESS RESTRICTED The item identified below has been withdrawn from this file: FOLDER TITLE: CIA/State documents re Blind Sheikh 1 of 3 DOCUMENT DATE:

DOCUMENT TYPE: Cable

FROM: TO: SUBJECT:

Various State Dept. cables re Blind Sheikh [RD05030/0775]-classified cables

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

Current Class: UNCLASSIFIED Current Handling: n/a Document Number: 1990KHARTO12626

tfo 1 Oil?

Page: l

Channel: n/a

UNCLASSIFIED PAGE 01 ACTION VO-06 INFO

KHARTO

12626

041042Z

V

LOG-00 DS-01

ADS-00 AF-01 AMAD-01 CA-02 CIAE-00 INRE-00 INR-05 NSAE-00 SCT-03 /019W -------- ....... --- 25DOD7 041042Z /38 P 041043Z DEC 90 FM AMEMBASSY KHARTOUM TO SECSTATE WASHDC PRIORITY 8074

X

DODE-00

UNCLAS KHARTOUM 12626 FOR CA/VO/L/C:I E.G. 12356: N/A / TAGS: CVIS, PTER, EG (ABDEL RAHMAN, OMAR AHMED ALL) SUBJ: REQUEST FOR ASSISTANCE / REP: (A) PREVIOUS

VICTARS 120891

(B) STATE 402128 AND / /

MATERIALS REQUESTED IN REFTEL B WERE FORWARDED VIA REGULAR MAIL HAND CARRIED TO THE UNITED STATES ON NOVEMBER 28. THEY WERE ADDRESSED TO AF/E: | FOR HANDLING. /

|

UNCLASSIFIED NNNN

9/11 Personal Privacy

Current Class: UNCLASSIFIED

Page: 1

9/11 Personal Privacy Current Class: UNCLASSIFIED Current Handling: n/a Document Number: 1990STATE401142

Page: 1 Channel: n/a

UNCLASSIFIED PAGE 01 ORIGIN VO-06

STATE

INFO

ADS-00 INSE-00

LOG-00 0 INR-05 5

401142 CA-02 L-03

280243Z CIAE-00 NBA- 01

DODE-00 NSAE-00

DS-01 SCT-03

INRE-OO /021R

DRAFTED BY: APPROVED BY:

•22639B

280243Z /38

O 280242Z NOV 90 FM SECSTATE WASHDC TO USINS WASHDC IMMEDIATE UNCLAS STATE 401142 VISAS;

FOR INS/COINS AND INS/COINT

E.G. 12356: N/A TAGS: CVIS, PINS, PTER, EG (ABDEL RAHMAN, OMAR AHMED ALI) VISA REVOCATION REF: A) VICTARS 120891 (NOTAL) 1.

B) CAIRO 22795 AND PREVIOUS

THIS IS TO ADVISE THAT ON26 NOVEMBER 1990 THE UNCLASSIFIED UNCLASSIFIED

PAGE 02 STATE 401142 280243Z DEPARTMENT REVOKED ANY AND ALL VALID NONIMMIGRANT VISAS ISSUED TO OMAR ALI ABDEL RAHMAN (AKA ABDURRAHMAN, AKA AL-RAHMAN, AKA ABD-AL-RAHMAN), DPOB 3 MAY 1938, EGYPT. 2.

EX

0

THE CERTIFICATE OF REVOCATION.

QUOTE. NOVEMBER 26, 1990 CERTIFICATE OF REVOCATION THIS IS TO CERTIFY THAT I, THE UNDERSIGNED DEPUTY ASSISTANT SECRETARY OF STATE FOR VISA SERVICES, ACTING IN PURSUANCE OF THE AUTHORITY CONFERRED BY SECTION 221 (LITTLE I) OF THE IMMIGRATION AND NATIONALITY ACT (8 Current Class: UNCLASSIFIED

Page: 1

Current Class: UNCLASSIFIED Current Handling: n/a Document Number: 1990STATE401142

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U.S.C. 1201 (LITTLE I)), BY DELEGATION OF AUTHORITY NUMBER 74 AND BY REDELEGATION OF AUTHORITY NUMBER 74-3-A, HEREBY REVOKE ANY AND ALL CURRENTLY VALID NONIMMIGRANT VISAS ISSUED TO MR. OMAR ALI ABDEL RAHMAN, BORN MAY 3, 1938, IN EGYPT. THIS ACTION SHALL TAKE EFFECT IMMEDIATELY. (SIGNED) JOHN H. ADAMS UNQUOTE. 3. CA/VO WILL FORWARD A COPY OF THE SIGNED CERTIFICATE OF REVOCATION. PLEASE INFORM ALL CARRIERS AND PORTS OF ENTRY OF THE REVOCATION. DEPT. UNDERSTANDS THAT THE SPELLING ON HIS EGYPTIAN PASSPORT IS ABDEL RAHMAN. AS IDENTIFICATION, HE IS BLIND AND WALKS WITH A LIMP. HE IS NOT PRESUMED TO SPEAK ENGLISH. MOST PROBABLE US PORTS OF ENTRY ARE JFK AND NEWARK AIRPORTS. 4. ABDEL RAHMAN IS LISTED IN AVLOS AS A 77 ENTRY FROM CAIRO. DEPT. WILL ENTER HIM AS A 00 AND REQUESTS INS TO MAKE THE APPROPRIATE ENTRIES IN NAILS. BAKER UNCLASSIFIED UNCLASSIFIED PAGE 03

STATE

401142

280243Z

UNCLASSIFIED NNNN

Current Class: UNCLASSIFIED

Page: 2

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission Team 5, FRC Box 23 NND PROJECT NUMBER:

51095

FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004

FOLDER: 0008

COPIES: 1 PAGES:

TAB: 4

DOC ID: 31194386

26

ACCESS RESTRICTED The item identified below has been withdrawn from this file: FOLDER TITLE: CIA/State documents re Blind Sheikh 1 of 3 DOCUMENT DATE:

DOCUMENT TYPE: Cable

FROM: TO: SUBJECT:

Various State Dept. cables re Blind Sheikh [RD05030/0775]-classified cables

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE