T5 B55 Fbi Response 1 Of 3 Fdr- Tab 13-4- Entire Contents- Memos- Withrawal Notice 159

LIAISON BY BORDER AUTHORITIES WITH THE FBI

RESPONSIVE to REQUEST #13-4

COMMISSION COPY

MEMORANDUM OF UNDERSTANDING BETWEEN DEPARTMENT OF STATE/DIPLOMATIC SECURITY SERVICE AND THE FEDERAL BUREAU OF INVESTIGATION PREAMBLE: Presidential Decision Directive 39 (FDD 39) states "it is the policy of the United States to deter, defeat, and respond vigorously to all terrorist attacks on our territory and against our citizens, or facilities..." Within the United States, the Department of Justice, acting through the Federal Bureau of Investigation (FBI), is the designated lead agency for In order to ensure that there is a robust capability to deter, defeat, and respond vigorously to terrorism in the United States, the FBI recognizes the need to utilize the resources of other federal law enforcement agencies to exploit their many specialities in fighting terrorism. This approach ensures that the U.S. Government is combating terrorism In a coordinated and comprenensive manner. To that end, the FBI believes that the creation of Joint Terrorism Task Forces (JTTFs) embodies the objectives of the U.S. policy on counterrorism as set forth in FDD 39. This Memorandum of Understanding (MOU) shall serve to establish the parameters for the detailing/assigning of employees from Department of State/Diplomatic Security Service (DOS/DSS) to the FBI led JTTFs in selected cities across the U.S. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to outline the mission of the Joint Terrorism Task Force (JTTF), and to formalize the relationship between the FBI and DOS/DSS in order to maximize cooperation and to create a cohesive unit capable of addressing the most complex terrorist investigations within the U.S. This MOU specifically recresencs the agreement between the FBI snd the DO'S DSS w'^ich will cover" che crocsss ov w~~ich DCS-DSS employees are detailed or ocnerwise assigned to work at the FBI as oar" "

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MISSION The mission of the JTTF will be to utilize the collective resources of the participating agencies for the prevention, preemption, deterrence and investigation of terrorism and activities related to terrorism, both actual and potential, occurring in or affecting the U.S. carried out by terrorist groups and/or individuals, as well as apprehending individuals committing such violations. CONTROLLING DOCUMENTS Because the JTTF will operate under Attorney General authority, it will be necessary for the JTTF to adhere to Attorney General Guidelines that have been tested for legal sufficiency. Therefore, all parties agree to abide by the following guidelines: 1) Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations, 2) Attorney General Guidelines for Foreign Intelligence Collection and Foreign Counterintelligence Investigations, 3) Attorney General Guidelines on Federal Bureau of Investigation Undercover Operations, 4) Attorney General Procedure for Reporting and Use of Information Concerning Violations of Law and Authorization for Participation in otherwise Illegal Activity in FBI Foreign Intelligence, Counterintelligence or International Terrorism Intelligence Investigations, 5) Attorney General Memorandum dated July 19, 1995, entitled "Procedures for Contacts Between the FBI and the Criminal Division Concerning Foreign Intelligence and Foreign Counterintelligence Investigations," 6) Attorney General's Guidelines on the FBI Use of Informants and Confidential Sources, 7) Attorney General Guidelines on .the Development and Operation of FBI Criminal Informants and Cooperative witnesses in Ex~ra terr j-Eor i_al Junscic~ions . TUrdance issued bv nhe FBI.

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DIRECTION

(CHAIN OF COMMAND)

The policy, program involvement and direction of the JTTF shall be the responsibility of the FBI. The direct daily investigative supervision of the personnel assigned to the JTTF will be the responsibility of an FBI Supervisory Special Agent (SSA). The FBI SSA will be responsible for administrative/operational matters directly associated with his/her Squad and the JTTF, such as assigning cases, shifts, and coordination of written work necessary to make each squad and the JTTF operative and functional. The groups, organizations or individuals to be investigated will be specifically identified and agreed upon by the participating agencies or uhe ui'Tr1, in conrormance witn tiie a.oove stated Attorney General Guidelines. The FBI agrees to conduct periodic briefings of the member agencies of the JTTF pursuant to all legal requirements and FBI policies. Any operational problems will be resolved at the field office level. Any problems not resolved at the field office level, will be submitted to each agency's headquarters for resolution. Each Agency representative will report to his/her respective Agency for personnel administrative matters. Each agency shall be responsible for the pay, overtime, annual leave, performance appraisals, etc. of its own employees. SECURITY CLEARANCES Members of the JTTF, as well as appropriate supervisory personnel responsible for these individuals, must apply for and receive a TOD Secret Security Clearance verified by the FBI. No one will have access to classified documents or materials without a proper security clearance. In view of the need for security clearances, all personnel assigned to the JTTF should be expected to be assigned for a period of ac least one year, to be mutually agreed upon by both agencies. PHYSICAL LOCATION AND SUPPORT su.ppcr~ scazz .

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RECORDS AND REPORTS be controlled solely by the FBI, and will be handled in accordance with FBI policy. All JTTF investigative records are the property of, and will be maintained by, the FBI. Investigative reports will be prepared by all JTTF personnel on FBI forms. Access to, and use of JTTF records will be in accordance with Federal law and Department of Justice and FBI regulations and policy, including but not limited to the Freedom of Information and Privacy Acts. Detailees may request information for dissemination to their organization. Such dissemination of information will be handled through normal FBI procedures, subject to any agreement made between the FBI and the agency which originated the information. TRAVEL All JTTF related travel of non-FBI personnel will require the approval of the Agency employing the individual. All individuals will be responsible for securing his/her own agency's approval for all travel. Costs for such travel will be paid for by the FBI. For international travel, the FBI will obtain country clearances for all JTTF members. For domestic travel, each agency member will be responsible for appropriate notifications within their own agency. LIABILITY MATTERS IN GENERAL For tort liability purposes, no participating organization shall be considered the agent of the other. Participating organizations shall be liable (if at all) only for the torts of its own employees committed within the scope of their official duties. COORDINATION All members of the JTTF agree not to knowlingly act unilacerall; zhe FBI.

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It is agreed that masters designated co be handled by

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PROSECUTIONS The JTTF investigative procedure will conform to the requirements for Federal prosecution. A determination will be•made on a caseby-case basis whether the prosecution of cases will be at the State or Federal level. The criteria for the decision will be which level of prosecution would better advance the interests of j ustice. INFORMANTS All confidential informants and cooperating witnesses developed through the JTTF will be opened as FBI informants, sources, assets or cooperating witnesses, and handled in accordance with Attorney General and FBI Guidelines, policy and procedures. The FBI agrees to pay reasonable and necessary informant expenses incurred by the JTTF. All expenses must be approved by the FBI before they are incurred. MEDIA All media releases will be mutually agreed upon and jointly handled by the member Agencies of the JTTF. Press releases will conform to Department of Justice Guidelines regarding such releases. DURATION The term of this understanding shall be for an indefinite period and shall terminate upon withdrawal from the JTTF by DOS/DSS. Upon termination of the understanding, all equipment will be returned to the supplying agency. AMENDMENTS This Agreement may be amended by mutual wricten consent of thu parties.

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SIGNATORIES:

/ XJack 'Cota.es / Date7 Chief Contracting Officer Federal Bureau of I n v e s t i g a t i o n Assistant Director Date National Security Division r Ftrd-eral Bureau of Investigation Office Director for Date intelligence and InvWti gat ions Department of State/Diplomatic Security S e r v i c e

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MEMORANDUM OF UNDERSTANDING BETWEEN THE IMMIGRATION AND NATURALIZATION SERVICE AND THE FEDERAL BUREAU OF INVESTIGATIONS

A.

PREAMBLE

1. Presidential Decision Directive 39 (PDD39) states "it is the policy of the United States to deter, defeat, and respond vigorously to all terrorist attacks on our territory and against our citizens, or facilities../' Presidential Decision Directive 62 (PDD 62) directs various agencies of the United States, including the Immigration and Naturalization Service (INS), to develop integrated programs to increase interagency effectiveness in countering, managing and containing terrorism. Within the United States, the Department of Justice, acting through the Federal Bureau of Investigation (FBI), is the designated lead agency for counterterrorism. 2; In order to. ensure that there is a robust capability to deter, defeat, and respond vigorously to terrorism in the United States, the FBI recognizes the need to utilize the resources of other federal law enforcement agencies to exploit their many specialties in fighting terrorism. This approach ensures that the U.S. Government is combating terrorism in a coordinated and comprehensive manner. 3. To that end, the signatories believe that the creation of Joint Terrorism Task Forces (JTTFs) embodies the objectives of the U.S. policy on counterterrorism as set forth in PDD 39. 4. In consideration of the above objectives, both the FBI and the INS agree that INS special agents, dedicated full-time to the JTTF, will utilize their unique criminal and administrative resources to develop cases in furtherance of Immigration and Nationality Act (IMA) violations. As such, IMS agents will not be assigned routine FBI casework, but rather, are expected to work, within the JTTF structure which recognizes the lead status of the FBI, imraigrationrelated cases of value to the JTTF as a whole. INS special agents will service the JTTF investigations by providing data bases, language, legal and investigative expertise in keeping with INS ; r> n.

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the tEi-led uTTFs in selected cities across the U.S.

B.

PURPOSE

1. The purpose of this MOU is to outline the mission of the J'TTF, and to formalize the relationship between the FBI and the INS in order to maximize cooperation and to create a cohesive unit capable of addressing the most complex terrorist investigations within the U.S . 2. This MOU specifically represents the agreement between the FBI and the INS which will govern the process by which INS employees ar« detailed or otherwise assigned to work at the FBI as part of a JTTF.

C.

MISSION

1. The mission of the JTTF will be to utilize the collective resources of the participating agencies for the prevention, preemption, deterrence and investigation of terrorism and activities related to terrorism, both actual and potential, occurring in or affecting the U.S. carried out by terrorist groups and / or individuals, as well as apprehending individuals committing such violations.

D.

CONTROLLING DOCUMENTS

1. Because the JTTF will operate under Attorney General authority, it will be necessary for the JTTF to adhere to Attorney General Guidelines that have been tested for legal sufficiency. Therefore, all parties agree to abide by the following guidelines: A) Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security / Terrorism Investigations, B) Attorney General Guidelines for Foreign Intelligence Collection and Foreign Counterintelligence Investigations, C) Attorney General Guidelines on Federal Bureau of Investigation Undercover Operations,

Coun~erinuellicrence or Inrernanicna.! Terrorism Intelliaer.ee

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"Procedures for Contacts Between the t'ci and the Criminal Division Concerning Foreign Intellicrence and Foreign Counterintelligence I rive s t i ga t i on s, " F) Attorney General Guidelines on the FBI Use of Informants and Confidential Sources, G) Attorney General Guidelines on the Development and Operation of FBI Criminal informants and Cooperative Witnesses in Extraterritorial Jurisdictions. 2. To ensure compliance with the controlling documents, the FBI will provide appropriate training to all INS agents assigned to work as a part of the JTTF. In addition, the FBI will provide to INS Headquarters complete copies of each of the cited documents with INS providing appropriate control of classified documents received. 3. All guidance on investigative matters handled by the JTTFs will be issued by the FBI, except those relating to violations of Title 8 of the United States Code. In those instances, INS officials retain their delegated responsibilities and authorities while concurrently recognizing the need to coordinate all actions with the FBI.

E.

DIRECTION

(CHAIN OF COMMAND)

1. The policy, program involvement and direction of the JTTF shall be the responsibility of the FBI. The direct daily investigative supervision of the personnel assigned to the JTTF will be the responsibility of an FBI Supervisory Special Agent (SSA). 2. The FBI SSA will be responsible for administrative and operational matters directly associated with his / her squad and the JTTF, such as assigning cases, shifts, and coordination of the written work necessary to make each squad the JTTF operative and functional. The FBI agrees that INS agents shall not be assigned tc casework that exclusively involves investigation of native-born United States citizens with no connection to foreign nationals or naturalized citizens. This shall not preclude INS, however, from engaging in the investigation of U.S. citizens suspected of violating criminal or administrative provisions under IMS jurisdiction, such as alien smuggling or visa or 'ine groups, organizations or incivi specifically identified ana agreed upon by the participating .nes .

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in cases involving IMS personnel, or suspected violations of immigration law. 5. In addition, all reports authored by INS personnel involving relevant IMA violations, whether on Letterhead Memoranda (LKMs), standard form FD-302, or otherwise, may be disseminated to that agent's responsible INS supervisor and to INS Headquarters' National Security Unit. Such documents will be maintained in a manner consistent with their security classification and with Section H ("Records and Reports") of this MOU. 6. Whenever possible, any operational problems will be resolved at the field office level. Any problems not resolved at the field office level, will be submitted to each agency's headquarters for resolution. 7. Each agency representative will report to his / her agency for personnel administrative matters. Each agency shall be responsible for pay, overtime, annual leave, and performance appraisals, etc. of its own employees. FBI supervisory personnel will provide written input to the appropriate agency administrative or supervisory personnel in order to prepare performance appraisals for INS agents assigned to the JTTF.

F.

SECURITY

CLEARANCES

1. Members of the JTTF, as well as app-ropriate supervisor personnel responsible for these individuals, must apply for and receive a Top Secret Security Clearance verified by the FBI. No one will have access to classified documents or materials without a proper security clearance. 2. In view of the need for security clearances, all INS personnel assigned to the JTTF should be expected to be assigned for a period of at least one year, but the exact term must be mutually agreed upon by both agencies, and consistent with INS personnel policies.

G.

PHYSICAL LOCATION AND SUPPORT

1. The FBI will provide office space for all JTTF members and support staff. In addition, the FBI will provide all necessary — C '— • —

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FE_ policy. 2. All JTTF investigative records are the property of, and will be maintained by, the FBI. Investigative reports will be prepared byall JTTF personnel on FBI forms except that reports of violations under Title 8, United States Code, must also be prepared on INS forms. Access to, and use of, JTTF records will be in accordance with Federal law and Department of Justice and FBI regulations and policy, including but not limited to the Freedom of Information and Privacy Acts. 3. Detailees may request FBI controlled information for dissemination to their organization. Such dissemination of information will be handled through normal FBI procedures, subject to any agreement made between the FBI and the agency which originated the information.

I.

TRAVEL

1. All JTTF-related travel of non-FBI personnel will require the approval of the agency employing the individual. All individuals will be responsible for securing their own agency's approval for all travel. Costs for such travel will be paid for by the FBI, within budgetary constraints, unless alternative arrangements have been made in advance by the sponsoring agency. 2. For international travel, the FBI will obtain country clearances for all JTTF members. For domestic travel, each agency member will be responsible for appropriate notifications within their own agency.

J.

LIABILITY MATTERS IN GENERAL

1. For tort liability purposes, no shall be considered the agent of the organizations shall be liable (if at their own employees committed within duties.

K.

participating organization other. Participating all) only for the torts of the scope of their official

COORDINATION

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will not be subject to non-JTTF law enforcement efforts. Each member agency will make all reasonable efforts to refer matters to the JTTF that are logically relevant to the JTTF mission. L.

PROSECUTIONS

1. The JTTF investigative procedure will conform to the requirements for Federal prosecution. A determination will be made on a case-by-case basis whether the prosecution of cases will be at the State or Federal level. The criteria for the decision will be which level of prosecution would better advance the interests of justice. In cases which are undertaken with an eye toward excluding or removing foreign nationals from the United States,, standard INS investigative procedures will be utilized.

M.

INFORMANTS

1. All confidential informants and cooperating witnesses developed through the JTTF will be opened as FBI informants,, sources, assets or cooperating witnesses, and handled in accordance with Attorney General and FBI Guidelines, policy and procedures. 2. The FBI agrees to pay reasonable and necessary informant expenses incurred by the JTTF. All expenses must be approved by the FBI before they are incurred. 3. Informants developed outside of the JTTF environment by, and under the control of, the INS will be handled in accordance with Attorney General and INS Guidelines. They will be made available to the JTTF should they encounter information relating to alleged terrorist acts, and subject to Section K ("Coordination") of this MOU.

N.

MEDIA

1. All media releases will be mutually agreed upon and jointly handled by the member agencies of the JTTF. Press releases will conform to Department of Justice Guidelines regarding such releases

O.

DURATION "^^JLS

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Upon Lerminaticn of the u n d ^ rerurned to the supplying a g c y

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AMENDMENTS

I-

This Agreement may be amended by mutual parties. "

written consent of the

SIGNATORIES:

-,urack Gord /Chief Contracting Officer Federal Bureau of Investigation

Neil J. [rtallagheiAssistanr Director National Security Division Federal Bureau of Investigation

tichael A. Pearson Executive Associate Commissioner Office of Field Operations Immigration and Naturalization Service

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MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. CUSTOMS SERVICE AND THE FEDERAL BUREAU OF INVESTIGATION PREAMBLE: Presidential Decision Directive 39 (FDD 39) states "it is the policy of the United States to deter, defeat, and respond vigorously to all terrorist attacks on our territory and against our citizens, or facilities, whether they occur domestically, in international waters or airspace or on foreign territory." Within the United States, the Department of Justice, acting through the Federal Bureau of Investigation (FBI), is the designated lead agency for counterterrorism. In order to ensure that there is a robust capability to deter, defeat, and respond vigorously to terrorism in the United States, the FBI recognizes the need to utilize the resources of other federal law enforcement agencies to employ their many specialties in fighting terrorism. This approach ensures that the U.S. Government is combating terrorism in a coordinated and comprehensive manner. To that end, the FBI believes that the creation of Joint Terrorism Task Forces (JTTFs) embodies the objectives of the U.S. policy on counterterrorism as set forth in PDD 39. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to outline the mission of the Joint Terrorism Task Force (JTTF), and to formalize the relationship between the FBI and the U.S. Customs Service in order to maximize cooperation a'nd to create a cohesive unit capable of addressing the most complex terrorist investigations'within the U.S. This Memorandum of Understanding (MOU) shall serve to establish operational guidelines and the parameters for the detailing/assigning of employees from the U.S. Customs Service to the FBI led JTTFs in selected cities across the U.S. This MOU specifically represents the agreement between the FBI and the U.S. Customs Service which wifl govern the process by which U.S. Customs Service employees are detailed, or otherwise assigned to work as part of the JTTF. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, their parent agencies, the United States: or the officers, employees, agents or other associated personnel thereof.

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MISSION: The mission of the JTTF will be to utilize the collective resources of the participating agencies for the prevention, preemption, deterrence and investigation of terrorism and activities related to terrorism, both actual and potential, occurring in or affecting the U.S. carried out by terrorist groups and/or individuals, as well as apprehending individuals committing such violations, the groups, organizations or individuals to be investigated will be specifically identified and agreed upon by the participating agencies of the JTTF. AUTHORITY: Pursuant to 28 U.S.C. 533, 28 C.F.R. 0.85, and FDD 39 and 62, the FBI is authorized to coordinate a law enforcement investigative and operational response to terrorism. By virtue of that.same authority, the FBI may form this JTTF composed of other federal, state and local law enforcement agencies acting in support of the above listed statutory and regulatory provisions. CONTROLLING DOCUMENTS: Because the JTTF will operate under Attorney General authority, it will be necessary for the JTTF to adhere to Attorney General Guidelines that have been tested for legal sufficiency. Therefore, to the extent not covered by the provisions in the Direction section all parties agree to abide by the following guidelines: 1) Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations, 2) Attorney General Guidelines for Foreign Intelligence Collection and Foreign Counterintelligence Investigations, 3) Attorney General Guidelines on Federal Bureau of Investigation Undercover Operations, 4) Attorney General Procedure for Reporting and Use of Information Concerning Violations of Law and Authorization for Participation in otherwise Illegal Activity in FBI Foreign Intelligence, Counterintelligence or International Terrorism Intelligence Investigations, 5) Attorney General Memorandum dated July 19, 1995, entitled "Procedures for Contacts Between the FBI and the Criminal Division Concerning Foreign Intelligence and Foreign Counterintelligence Investigations/ 6) Attorney General's Guidelines on the FBI Use of Informants and Confidential Sources,

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7) Attorney General Guidelines on the Development and Operation of FBI Criminal Informants and Cooperative Witnesses in Extraterritorial Jurisdictions. All guidance on investigative procedures will be issued by the FBI. DIRECTION (CHAIN OF COMMAND): The policy, program involvement, and direction of the JTTF shall be the responsibility of the FBI. The direct daily investigative supervision of the personnel assigned to the JTTF will be the responsibility of an FBI Supervisory Special Agent (SSA). The FBI SSA will be responsible for administrative matters directly associated with his/her Squad and the JTTF, such as assigning cases, shifts, and coordination of written work necessary to make each squad and the JTTF operative and functional. The FBI agrees to designate the individual who will have overall responsibility for the JTTF. Said responsibility may be delegated to Supervisory Special Agents (Squad Supervisors) for day-to-day operations. The FBI agrees to periodic briefings on request of the member Agencies of the JTTF pursuant to all legal requirements and FBI policies. Operational decisions in criminal investigations involving violations of laws which are exclusively or primarily within Customs jurisdictional authority will be made jointly between the JTTF supervisor and the appropriate Customs supervisor. This MOU is not intended to usurp or impede Customs authority to conduct or pursue any investigations which fail within Customs normal purview. Any operational problems will be resolved at the field office level. Any problems not resolved at the field office level, will be submitted to each agency's Headquarters for resolution. In the event that Customs personnel are requested to take action and to employ such powers and authorities, as a Customs Officer, e.g., border search, in support of the FBI's counterintelligence investigations or activities or another intelligence community agency's investigations or activities as defined by and within the parameters of Executive Order 12333, the procedures and policies of T.O. 113-01 will govern, and Customs will coordinate such matter(s) in advance with the U.S. Department of the Treasury. Each Agency representative will report to his/her respective Agency for administrative matters. Each agency shall be responsible for the pay: overtime, annual leave, performance appraisals, etc. of its own employees.

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SECURITY CLEARANCES: Members of the JTTF, as vvelf as appropriate supervisory personnel responsible for these individuals, must apply for and receive a Top Secret Security Clearance verified by the FBI. No one will have access to classified documents or materials without a proper security clearance. In view of the need for security clearances, all personnel assigned to the JTTF should be so assigned for an extended period of time, to be mutually agreed upon by both agencies. PHYSICAL LOCATION AND SUPPORT: The FBI will provide office space for all JTTF members and support staff. In addition, the FBI will provide all necessary secretarial', clerical, automation, and technical support for the JTTF. RECORDS AND REPORTS: Except for information originating from Treasury/Customs, all classified information will be controlled solely by the FBI, and will be handled in accordance with FBI policy. All JTTF investigative records are the property of and will be maintained by the FBI. Investigative reports will be prepared by all JTTF personnel on FBI forms. Investigations of criminal violations solely or primarily within the jurisdiction of the Customs Service may also be reported on Customs Reports of Investigation and entered into the Treasury Enforcement Communications System within the parameters of its classification, subject to the provisions of the "COORDINATION" section of this MOU. Access to, and use of, JTTF records will be in accordance with Federal law and Department of Justice and FBI regulations and policy, including but not limited to the Freedom of Information and Privacy Act. Detailees may nominate any information they see for dissemination to their organization, which will be handled through normal FBI procedures, and agreements between the FBI and the agency which originated the information. FUNDING: Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Obligations/expenditures by each party will be subject to federal budgetary processes and availability of funds pursuant to applicable laws, regulations, and policies.

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TRAVEL: All JTTF related travel of non-FBI personnel will require the approval of the Agency employing the individual. All individuals will be responsible for securing his/her own agency's approval for all travel. Costs for such travel will be paid for by the FBI. For international travel, the FBI will obtain country clearances for all JTTF members. For domestic travel, each agency member will be responsible for appropriate notifications within their own agency. LIABILITY MATTERS IN GENERAL: For Federal Tort Claims Act purposes, no participating organization shall be considered the agent of the other. Participating organizations shall be liable (if at all) only for the torts of its own employees committed within the scope of their official duties COORDINATION: All members of the JTTF agree not to act unilaterally on any matter affecting the JTTF without first coordinating with the FBI. It is agreed that matters designated to be handled by the JTTF will not be subject to non-JTTF law enforcement efforts without prior coordination. Each member agency will make all reasonable efforts to coordinate matters with the JTTF that evidence terrorist organization involvement or activities. PROSECUTIONS: The JTTF investigative procedure will conform to the requirements for Federal prosecution. A determination will be made on a case by-case basis whether the prosecution of cases will be at the State or Federal level. The criteria for the decision will be which level of prosecution would better advance the interests of justice. INFORMANTS: All confidential informants and cooperating witnesses developed through the JTTF, who provide information pertaining to terrorist activities, will be opened as FBI informants, sources, assets or cooperating witnesses, and handled in accordance with Attorney General and FBI Guidelines, policy and procedures. The FBI agrees to pay reasonable and necessary informant expenses incurred by the JTTF. All expenses must be approved by the FBI before they are incurred. MEDIA: All media releases will be mutually agreed upon snd jointly handled by the member Agencies of the JTTF. Press releases will conform to Department of Justice Guidelines regarding such releases.

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DURATION: The term of this understanding shall be for an indefinite period and shall terminate upon withdrawal from the JTTF by the U.S. Customs Service. Upon termination of the understanding, all equipment will be returned to the supplying agency. AMENDMENTS: This Agreement in no manner affects any existing MOUs or agreements with the FBI or any other agency. This Agreement may be amended by mutual written consent of the parties. SIGNATORIES:

Office of the Chief Contracting Officer Federal Bureau of Investigations

Date

Assistant Director

Date

Counterterrorism Division

Federal Bureau of Investigations

Assistant-Commissioner 'Investigations United States Customs Service

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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: 0004

COPIES: 1 PAGES:

TAB: 5

DOC ID: 31194031

16

ACCESS RESTRICTED The item identified below has been withdrawn from this file: FOLDER TITLE: FBI responses to Request #13 DOCUMENT DATE: 09/09/1999

DOCUMENT TYPE: Memorandum

FROM: TO: SUBJECT:

Liaison by Border authorities with the FBI-Responsive to Request #13-4: FBI Joint Terrorism Task Force (JTTF)

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

WITHDRAWAL NOTICE