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S/S 200322231 XR 200319446

United States Department of State

Washington, D.C. 20520 f/ .

AX-/
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


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 US-
Australian Terrorist Watch List Program
P e. MOU TIPOFF-Crime with INR, FBI, CIA and NSA

2. 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

3. 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 I/L.
www.state.gov 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


Document
Date Date of Request / Agency ID
Logged Item Type Item* Doc# From To Subject Number Location

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 Copies of alerts concerning passport and visa fraud GSA

Updated Septemh \2003


I
S/S 200319446

United States Department of State


Washington, D.C. 20520 vl
www.state.gov / 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)
-2-

We 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)
-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:
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)
-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:

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) - I \ vi .

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)
(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
XR: 200319446
Washington, D.C. 20520

UNCLASSIFIED October 10, 2003


(with SECRET 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 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 Mesg No IPS Doc #

(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 EB 002 B


SUMMIT

(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 S200212368 EB 004 U /&
'k/ (None) Ml None G-8 WORKING DINNER - CHECKLIST OF EB 005 B / (,
ISSUES

\2 ME EB: WAYNE, E ANTHONY G-8 TRANSPORT SECURITY UPDATE S200220430 EB 006 U


t/\) Ml None UN/EDIFACT MESSAGING FORMAT AT EB 007 N
THE G8 SUMMIT

05/22/2002 MI INL/PC:MICHAL, E COMPLETION OF LYON/ROMA 25 POINT EB 008 N


ACTION PLAN
S/ES 200325596
United States Department of State
XR: 200319446
Washington, D.C. 20520

UNCLASSIFIED October 10, 2003


(with SECRET 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 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)
Thomas H. Kean
CHAIR
DOS DOCUMENT REQUEST NO. 5
Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States ("the
Commission") requests that the Department of State ("Respondent") provide the
Richard Ben-Veniste
Commission with copies of the following materials no later than September 4,
Max Cleland 2003.
Fred F. Fielding
1. Copies of all documents relating to the visa applications of the
Jamie S. Gorelick individuals listed below, including all supporting documentation, and all
Slade Gorton information contained in computer databases (such as CLASS, the
Consular Consolidated Database, and TIPOFF):
John Lehman

Timothy J. Roemer a. Abderraouf Jdey


b. Julaybib al-Ghamdi
James R. Thompson
c. Muhammad al-Qahtani
d. Mushabib al-Hamlan
Philip D. Zelikow
E X E C U T I V E DIRECTOR
e. Qutaybah al-Najdi
f. Ramzi Binalshibh
g. Sa'ad al-Baluchi
h. Sa'id Abdallah Sa'id al-Ghamdi
i. Saud al-Rashid
j. Zakaria Essabar
k. 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. 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):
la. Abderraouf Jdey
Julaybib al-Ghamdi
Ic. Muhammad al-Qahtani
Id. Mushabib al-Hamlan
le. Qutaybah al-Najdi
If. Ramzi Binalshibh
Sa'ad al-Baluchi
Ih. Sa'id Abdallah Sa'id al-Ghamdi
li. Saud al-Rashid
Zakaria Essabar
Ik. 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 paulaw@state.gov
Cc: sginsburg@9-11commission.gov; '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 I VWMMS^

November 24, 2003


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

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 DOS DOCUMENT REQUEST NO. 7
IA-C l-l. l-Iamilton
V1CK CII.4IR The National Commission on Terrorist Attacks Upon the United States ("the
Richard Hen-Vcniste
Commission") requests that the Department of State (DOS or the "respondent")
provide the Commission with copies of the following documents no later than
Max Clcland November 4,2003 (the "production date"):
Fred I1'. Fielding
1. All documents relating to the visa applications of the individuals listed
Jamie S. Gorclick
below, including supporting documentation, and all information
Slade Gorton contained in DOS computer databases (such as CLASS, the Consular
Consolidated Database, and TEPOFF) relating to these individuals:
John Ix-hman

Timothy J. Roomer Khalid Sheikh Mohammed, aka AAbdulrahman A.A. Al Ghamdi,


aka Abi Abd al-Rahman al-Faqasi al Ghamdi
James R. Thompson
b. Khallad bin Attash
c. Al Aziz AH, aka Ammar al-Baluchi
Philip D. Zclikow
EXECUTIVE DIRECTOR d. Agus Budiman
e. Mohammed bin Nasser Belfas
f. Omar al-Bayoumi
LDiah Thabet
9/11 Personal Privacy
J
i. Anwar Aulaqi
j. Eyad al-Rababah
k. Rayed Abdullah
1. Bandar al-Hazmi
rn.9/11 Personal Privacy
n. Nidal Ayyad
o. Mahmud Abouhalima
p. Mohammed Abouhalima
q. Ahmad Mohammad Ajaj
r. Mohammed Salameh
s. Eyad Ismoil
t. Ramzi Yousef
u. Mustapha Shalabi
v. Bilall Alkaisi
w. Sheik Omar Abdel Rahman
x. El Sayyid Nosair
y. Ibrahim el Gabrowny
z. Mohammed Saleh
aa. Amir Abdelghani
bb. Fadil Abdelghani
cc. 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 The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of State (DOS or the "respondent")
Richard Ben-Veniste
provide the Commission with copies of the following documents no later than
Max Cleland November 11, 2003 (the "production date"):
Fred F. Fielding
1. All records relating to the departure of Saudi nationals by airplane from the United
Jamie S. Gorelick States while the national airspace was closed to commercial aviation after the
Slade Gorton September 11, 2001 terrorist attacks, including flight manifests or other documents
related to the individuals on those flights.
John Lehman

Timothy J. Roemer 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
James R. Thompson
the same time, through 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.

October 28, 2003 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
www.9-1 lcommission.gov
Accolla
•om: sdunne@9-11commission.gov
Sent:
^^Sfsn Thursday, October 30, 2003 3:17 PM
To: Tom Eldridge; dmarcus@9-11commission.gov
Cc: team5@9-11 commission.gov; jraidt@9-11 commission.gov
Subject: 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 <teldridge@9-llcommission.gov>:
> 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 "
v>
> 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: sdunne@9-llcommission.gov [mailto:sdunne@9-llcommission.gov]
> Sent: Thursday, October 30, 2003 12:37 PM
> To: teldridge@9-llcommission.gov
> Cc: dmarcus@9-llcommission.gov
> Subject: Fwd: EOP 5

> Here it is.


>
Forwarded
r UJ. WCI.L u.c<-i message
uicjDiDCiyc from
-Lii^iu "" <wbass@9-llcommission.gov>
«-wjjd 00^.7 -
> Date: Thu, 30 Oct 2003 12:33:27 -0500
> From: "" <wbass@9-llcommission.gov>
> Reply-To: "" <wbass@9-llcommission.gov>
> Subject: EOP 5
> To: "" <sdunne@9-llcommission.gov>

> 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 The National Commission on Terrorist Attacks Upon the United States ("the
Richard Ben-Veniste
Commission") requests that the Department of State (DOS or the "respondent")
provide the Commission with copies of the following documents no later than
Fred F. Fielding January 12, 2004 (the "production date"):
Jamie S. Gorelick
1. All documents relating to the visa applications of the individual listed
Slade Gorton below, including supporting documentation, and all information
Bob Kerrey contained in DOS computer databases (such as CLASS, the Consular
Consolidated Database, and TEPOFF) relating to this individual:
John Lehman

Timothy J. Roemer a. Abdul Shorabi, aka Abdul Mohammed Abdul Anam Suhail,
Barkat, aka abu Bar'a al-Ta'izi.
James R. Thompson

The Commission requests that the documents requested above be provided as


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


^ht: Wednesday, December 24, 2003 9:53 AM
To: 'Hofmann, Karl W
Cc: 'brian.h.hook@usdoj.gov'; 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 The National Commission on Terrorist Attacks Upon the United States ("the
Richard Ben-Veniste
Commission") requests that the U.S. Department of State (DOS or the
"respondent") provide the Commission with copies of the following documents
Fred F. Fielding no later than February 26, 2004 (the "production date"):
Jamie S. Gorelick
1. All documents relating to the visa applications of the individuals listed
Slade Gorton below, including the visa application itself, all supporting documentation,
Bob Kerrey and all information contained in DOS computer databases (such as
CLASS, the Consular Consolidated Database, and TIPOFF):
John Lehman
a. Mir Aimal Kansi, DOB: 2-10-64, COB: Pakistan.
Timothy J. Roemer b. Qualid Moncef Benomrane, DOB: 4-29-76, COB: Tunisia,
Passport No. L870243.
James R. Thompson
c. Malek Mohamed Seif, DOB: 9-24-65, COB: Djibouti.
d. Yazeed al Salmi, DOB: circa 1977, COB: Saudi Arabia.
Philip D. Zelikow
EXECUTIVE DIRECTOR 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: Steve Dunne
~~">ent: Monday, February 09, 2004 6:09 PM
*>: 'Hofmann, Karl W
Cc: 'brian.h.hook@usdoj.gov'; 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 The National Commission on Terrorist Attacks Upon the United States ("the
Richard Ben-Veniste
Commission") requests that the U.S. Department of State (DOS or the
"respondent") provide the Commission with a copy of the following document
Fred F. Fielding no later than March 22, 2004 (the "production date"):
Jamie S. Gorelick
1. Cable ABU DHAB 02863 dated May 20, 2001.
Slade Gorton

Bob Kerrey The Commission requests that the document requested above be provided as
soon as it is available.
John Lehman

Timothy J. Roemer 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
James R. Thompson
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
Philip D. Zelikow
EXECUTIVE DIRECTOR 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

<Qm: Steve Dunne


. .,it: Monday, March 08, 2004 5:22 PM
To: 'Hofmann, Karl W
Cc: 'brian.h.hook@usdoj.gov'; 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 200403566m 3w
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 ]/1
NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE
UNITED STATES

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 on-

going 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 ll} J .


/ 1 W<

March 12, 2 0 0 4
UNCLASSIFIED
(with CONFIDENTIAL 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. 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 The National Commission on Terrorist Attacks Upon the United States (the
Richard Ben-Veniste
"Commission") requests that the U.S. Department of State (DOS or the
"respondent") provide the Commission with copies of the following materials
Fred F. Fielding no later than April 13, 2004 (the "production date"):
Jamie S. Gorelick
1. Statistics of refusal rates for each consular officer (full-time and part-
Slade Gorton time) who adjudicated visas in Jeddah and Riyadh, Saudi Arabia, from
Bob Kerrey January 1, 1997, through September 11, 2001, including a breakdown of
refusal rates for Saudi citizens and for third-country nationals, and the
John Lehman
total number of persons in each category who were refused.
Timothy J. Roemer
The Commission requests that the documents requested above be provided as
James R. Thompson
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: 'Brian.H.Hook@usdoj.gov1; 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 lopesdarosadl@state.gov. 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, E-
DV 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 e-
room 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 visa-
free travelers, such as Canadians. Non-VWP travelers will not have to present machine-
readable 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 I-
600A 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 fingerprinting-
related 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 DS-
4034, 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 auto-
forwarding 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 (supportdeskCA@state.gov) 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 (supportdeskCA@state.gov)
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 SEVIShelpdesk@eds.com, 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 tatuchmb@state.gov.
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 U O : 2 O FAA UUINOUJ-AK AJTAIKO

OR'IG OU.TMEM TO ADDRESSEE VIA COURIER


COPY WASHFAXED TO 'THOMAS ELDRIDGE' S/S 200407595
•COPIES TO:
S United States Department of State
Washington, D.C. 20520
www.state.gov
rm RPR s pn n 05
APR 5 2004

UNCLASSIFIED
PA/RB
S/ES-S
INR

MEMORANDUM FOR DANIEL MARCUS


IPS GENERAL COUNSEL
(HEW)
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


Work Breakdown Structure BearingPoint
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 1.3


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

Contact data owners Conduct assessment Develop estimate using


of data quality defined framework
Secure data sets
Compile data sources
and compute relevant Prepare final report
estimates 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.


^ ^^v
Preliminary NHTS Data Analysis Results (cont.) BearingPoint
4. 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:

US Travelers x % Born x% Need PPT


US Travelers Need PPT
Destination
Upper bound in US = Lower Bound
without Upper bound Lower bound
PPT=
Canada 12.5 million x 67.2% = 8.4 million x 48.5% = 6.0 million 4.1 million
Mexico 13.6 million x 37.9% = 5.1 million x 43.8% = 6.0 million 2.3 million
Caribbean 3.0 million x 73.6% = 2.2 million x 26.8% = 0.8 million 0.6 million
TOTAL 29. 1 million 15. 7 million 12.8 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 Progress! Progress Progress


Briefing Meeting T Meeting 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 November 6 November 20

Business and Systems Aligned. Business Empowered/


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 Progress Progress Progress


Briefing Meeting
Meeting Meeting

WBS 1.2 • Assess Data Quality and Analyze Results

WBS 1,3 - Develop Passport Djeminif

Final Report and


Briefing Package

September 11 October 11 November 12 November 26 December 12

Business and Systems Aligned. Business Empowered.1


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.™ 10

- I ) ' )
S/S 2 0 0 4 0 7 4 0 3
United States Department of State

Washington, D.C. 20520 ]/}


// -
April 6, 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 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 The National Commission on Terrorist Attacks Upon the United States (the
Richard Ben-Veniste
"Commission") requests that the U.S. Department of State (DOS or the
"respondent") provide the Commission with copies of the following materials
Fred F. Fielding no later than June 8, 2004 (the "production date"):
Jamie S. Gorelick
1. All records relating to the decision in May 2003 to prevent the admission
Slade Gorton into the United States, but not to revoke the visa, of Fahad al Thumairy,
Bob Kerrey an accredited diplomat with the Saudi Arabian consulate in Los Angeles,
California.
John Lehman

Timothy J. Roemer The Commission requests that the documents requested above be provided as
soon as they are available, even though all requested documents may not be
James R. Thompson
provided at the same time, thorough means of a "rolling" production.
Philip D. Zelikow
E X E C U T I V E 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.

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: Steve Dunne


nt: Tuesday, May 25, 2004 9:42 AM
To: 'Hofmann, Karl W
Cc: Brian.H.Hook@usdoj.gov'; 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 DOS DOCUMENT REQUEST NO. 17
CHAIR

Lee H. Hamilton The National Commission on Terrorist Attacks Upon the United States ("the
VICE CHAIR Commission") requests that the Department of State (DOS or the "respondent")
. , ,„ . provide the Commission with copies of the following documents no later than June
Richard Ben-Vemste „„ , , , ..... ^
17, 2004 (the "production date"):
Fred F. Fielding
1 . Visa statistics for fiscal years 1998 through 2004, including preliminary
Jamie s. Goreiick figures on the most recent quarter available setting forth:
Siade Gorton 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
Bob Kerrey whole;

Lehm ^' ^ tota^ num^er ^ nonimmigrant visa applications and issuances at


posts abroad, by country, for Iran, Syria, UAE, Jordan, Saudi Arabia,
Timothy]. Roemer Lebanon, Egypt, Libya, Pakistan, Afghanistan, Indonesia, Yemen, and
Malaysia;
James . ompson c ^ ^^ numjjer Of nonimmigrant visa applications and issuances for
business (Bl), pleasure (B2), Border Crossing Cards, transit aliens, C
D. Zelikow visas, D visas, students (F), vocational students (M), exchange
E^^UTIVE 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: Steve Dunne


.it: Thursday, June 03, 2004 10:04 AM
To: 'Hofmann, Karl W
Cc: Dan.Levin@usdoj.gov; 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)
.
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

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