T5 B55 CIA-State Docs Re Blind Sheikh 1 of 3 Fdr- Entire Contents- Doc Index- Memos- Cables- Withdrawal Notices

8/14/2019 T5 B55 CIA-State Docs Re Blind Sheikh 1 of 3 Fdr- Entire Contents- Doc Index- Memos- Cables- Withdrawal Notices

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WITHDRAWAL NOTICE

RG : 148 Expo si t ion, An niversary, and M emorial Comm issionsSERIES: 9 /11 Commission Team 5, FRC Box 23

N N D P R O J E C T N U M B E R : 5 109 5 FOIA CASE NUM BER: 30383W I T H D R A W A L DATE: 09 /08/2008

BOX: 00004 FOLDER: 0008 TAB: 1 DO C ID: 31194383COPIES: 1 P A G E S : 56

A C C E S S R E S T R I C T E DThe i tem identi f ied below has been wi thdrawn from this fi le:

FOL DER TITLE : CIA /State docum ents re Blind Sheikh 1 of 3DOCUMENT TYPE: Repor tO C U M E N T D A T E :

F R O M : CIATO: MarcusSUBJECT: Response to DCI document request no. 39

This docum ent h as been wi thdrawn for the fo l lowing reason(s):9/11 Classi fied Information

WITHDRAWAL NOTICE


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S / S 2 0 0 4 0 2 0 7 8 X R 2 0 0 3 1 9 4 4 6United States Department of StateWashington, D.C. 20520

February 4 , 2 0 0 4TTNCLASSIFIED

MEMORANDUM FOR DANIEL MARCUSGENERAL COUNSELN A T I O N A L COMMISSION ON TERRORIST ATTACKS UPON THE UNITEDSTATES

SUBJECT: National Commission on Terrorist Attacks Upon the United States Requestfo r Documents (Request for Documents Request No. 4)

This is in farther response to the National Commission on Terrorist Attacks Uponthe United States' fourth request fo r Department of State documents.

Attached is the fifteenth installment of documents in response to theCommission's fourth request, specifically documents in response to item 1. Thisinstallment consists of 9 documents, primarily memoranda.

The attached materials contain information that is protected from disclosure underSection 222( f ) of the Immigration and Nationality Act, 8 U.S.C. 1202(f), and, inaccordance with that law, may only be used for the "formulation, amendment,administration, or enforcement of the immigration, nationality, or other laws ot theUnited States." Therefore, we request that the Commission protect all of the attacheddocuments from unauthorized disclosure.

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

Karl HofhiannExecutive Secretary

Attachments: ,T .L Index and Documents Responsive to Document Request No. 4,Item number 1.2 . Incoming request.

UNCLASSIFIED


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Index of DocumentsTo the National Com mission on Terrorist Attacks Upon the United SCase No. S200300007 Segment CA007Doc Date Type From

10/09/1991 TM CARLSON, KELLY09/05/1991 MI AL-FAYOUM

(/ 07/07/1991 MI MAHMOUD, ABDEL MEGUDD

09/11/1991 MI ABBAS, MAHMOUD

1/09/11/1991 MI ABBAS, MAHMOUD

09/11/1991 MI ABBAS, MAHM OUD

07/16/1993 ME RYAN, MARY A

V07/07/1993 ME FUNK, SHERMAN M

Title / Subject

TRANSLATED DOCUMENTS FROMEGYPTTRANSLATION: DOC #2 - AL-FAYOUMPROSECTION- MEMORANDUMREGARDING LAWSUITS #12163,12164,12167, 12168 OF 1986 AL-FAYOUMTRANSLATION:DOC #1 - GENERALPROSECUTIONTRANSLATION:DOC#3 - GENERALPROSECUTION - STATEMENT OF FACTS,AS ENTERED IN OFFICIAL RECORDSAND DOCKETS, OF LAWSUIT #462 OF1981 HIGHER STATRANSLATION:DOC#4 - GENERALPROSECUTION - STATEMENT OF FACTS,AS ENTERED IN OFFICIAL RECORDSAND DOCKETS, OF LAWSUIT #351 OF1985 HIGHER STATRANSLATION:DOC#5 - GENERALPROSECUTION - STATEMENT OF FACTS,AS ENTERED IN OFFICIAL RECORDSAN D DOCKETS, OF LAWSUIT #258 OF1989 HIGH ER STAISSUANCE OF NONIMMIGRANT VISASTOSHEIK ABDEL RAHMANISSUANCE OF NONIMMIGRANT VISAS TOSHEIK ABDEL RAHMAN

1

Mes


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Index of DocumentsTo the National Commission on Terrorist Attacks Upon the United S

Case No. S200300007 Segment CA007Doc Date Type From Title / Subject Mes

07/15/1993 ME SCULLY, CORNELIUS D, III ISSUANCE OFNONIMMIGRANT VISAS TO SHEIKH ABDELRAHMAN


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O f f i c t o f t h e L t o a l A d v x s t rM a i n S t i e tR o o mW a i h i n q c o n , D C 2 0 5 2 0

T h i s eopitr n d t i t a n a e e d as ' u n a t t t n d t d * n d w i l lr * c t i v < d o c u m t n t f 2 4 h o u r s a d a y . Y o u m u s t It t ehr e c t i v i ' n q p r e y k n o w y o u a r t s t n d i n q a d o c u m e n t .


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fl :.-.T..- jJV^I 5 .

c O CTrans la t ion ; Doc.#2Al-Fayoiin Prosecution / /

Memorandum Regarding Lawsuits0 12163, 12164, 12165, 12167, 12168of 1986 Al - Fay ou m

1, L a w s u i t 12163/36 : Found recorded against 'Omar A h m e d ' A l i' Ab du r r ah man . The charge w as falsification of a private note"Chequ e " . Th e ruling w as pronounced in his presence in the hearing ofDecember 8,1987 and w as conf irm atory (of previous sentence).De f endan t w as sentenced w i t h one month im pr i sonm en t with stay ofexecution, and payment of expenses (of lawsuit).2. Lawsuit # 12164 :Found recorded against ' O ma r A h m e dAbdurrahman. The Charge w as falsification of a private note" ch e q u e " . Th e ruling w as pronounced in his presence in the hearing of

> \. 8,1987, and was conf i rm a tory (of previous sentence). D

w as sentenced with one month imp r isonm ent with stay of execution, an dpayment of the expenses.3.' Lawsu i t # 12165 : Found recorded against ' O m a r A h m e d' Ab du r r ah man . Th e Charge w as falsification of a private note" c h e q u e " , Th e ruling w as pronounced in his presence in the hearing ofD e c . 8,1987, and w as confirm atory (of previous sentence). D e f e n dan tw as sentenced wi th one month impr i sonment with stay of execution, andpayment of the expenses.A . Lawsu i t 0 12167 : Recorded against ' O m a r A h m e d ' A bd u r r a hma n , Th eCharge w as falsification of a private note "cheque11. Th e ruling w aspronounced in his presence in the hearing of Dec. 21,1987, D e f e n dan tf ou r d not guilty.


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5. Lawsui t # 12168 : Found re c orde d ag a i ns t ' O m a r A h m e d' A b d u r r a h m a n . T h e Charge w as f a l s i f i c a t i on o f a p r i v a t e n o t e"cheque". ' T h e ru l ing w as pronounced in h is presence a n d w a sco n f i r m a t o r y (o f previous s e n t e n c e ) . D e f e n d a n t w as sentenced w i t h o n emo n th ( i m p r i s o n m e n t ) , L.E.50 bail, L . E , 51 expenses , an d L . E , 5 legala t t o r n e y fees. Defendan t appealed , a n d , Case entered in register,#581 o f 1988 A l-Fay oum . T h e r u l i n g , in the hear ing o f June 22,1988,conf i rmed total stay of execut ion , and s ta ted t he civil plaintiff'sa b a n d o n m e n t of t he civil action.

Chief o f Cr im ina l Depar tment Direc tor o f Prosecu t ion(S igned) (Signed)

f - September 5,1991Official Seal

Mini s t ry o f Justice, Al-Fayoum Prosecution


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Translation ; Doc . f f lGENERAL PROSECUTION

CFFICE OF THE PROSECUTOR GENERALHIGHER STATE SECURITY PROSECUTION

Maj, GeneralA s s is t a nt t o t h e M i n i s te r o f I n t e r i or f o r S t a t e S e c u r it y I n t e ll i g e nc eA f f a i r sD e a r S i r ,O n t h e o c c a s i o n o f t h e i n v e s t i g a t i o n s t h e P r o s e c u t i o n i s c o n d u c t i n gi n t he C a s e # 318/91 " H i g h e r S t a t e S e c u r i t y " , w e o r d e r t h e a r r e s t a n ds u m m o n s o f d e f e n d a n t ' O m a r A h m e d ' A b d u r r a h m a n a s s o o n a s h e h a s

f - a r r i v e d t o t h e c o u n t r y (Egypt). v , v . ,D a t e I s s u e d : J u l y 7,1991T i m e : 11:30 V e r y R e s p e c tf u l l y y o u r s

A t t o r n e y G e n e r a lH i g h e r S t a t e S e c u r i t y P r o s ec u t i on

C o u n s e l l o r ( S i g n e d )A b d e l M e g i d d M a h m o u d- - - _ . , , & * , * * * - ' "

Official SaalOffice of the Prosecutor General


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0( L J v vTranslation ; D o c . G E N E R A L P R O S E C U T I O N / /

OFFICE O F T H E P R O S E C U T O R G E N E R A LH I G H E R STATE S E C U R I T Y P R O S E C U T I O N

Statement of facts, as enteredin official records and dockets,

of Lawsuit # 258 of 1989Higher State Security#3052, of. 1989 A dministrative AI-Fayoum .-

According *o the docket, it appears that this Case was recorded . . against 'Omar A h m e d 'Abdurrahman and others, that he participated,

and others^,in a gathering with the purpose o f committing o f crimesof assault against individuals and public funds, and influencing th eauthorities in carrying out their duties, b y "Use of force andviolence, ceirrying fire arms an d ammunitions and steel weapons.Case w as referred to the Court. Ruling w as pronounced in absentia.Defendant was found no t guilty of the charges leveled against him.

Director, General Department fo rHigher State Security Prosecution Affa i rs

(Signed) M a h m o u d 'Ab b as Sept. 11,1991Official Seal

Higher State Security Prosecution


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U n i t e d States D e p a r t m e n t o f S t a l eAssistant Secretttrc uf Stale , (\{s\r Consular Affa

Washington, D.C. 20520July 16, 1993

MEMORANDUM

TO: DIG - Sherman M. FunkFROM: CA - Mary A. RSUBJECT: Issuance of Nonimmigrant Visas to Sheik Abdel RahmanREF: Your Memorandum of July 7, 1993

It is not possible to answer definitively whether or notvisas (particularly the one issued in 1990) should have beenissued or denied based on the evidence and information availableat the time of application, because we do not know with certaintytoday the extent of the evidence or information available atthose times. What can be said is that it is still not clearsufficient evidence or information was available then to ensurethat the visas would have been denied under the existent law hadthe proper procedures been followed.

In 1990, given the effect of section 901 of P.L. 100-204on Section 212 (a) of the Immmigration and Nationality Act (I1CA) ,mere advocacy of or incitement to acts of terrorism would nothave been sufficient for ineligibility under Section 212 (a)(28). Then (as now) evidence of actual involvement in terroristactivity beyond mere words would have been required. Taking intoaccount that the Sheik had been acquitted by an Egyptian court onthe charges brought against him in the Sadat assassination, thereis no evidence we have seen that clearly establishes that hisactivities in support of terrorism extended beyond mere words.


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9/11 Closed by StatuteI That determination, \ o w

have had to be made at the Undersecretary level, based onarguments that might have been made regarding the effect of hisentry on the public interest. Not knowing how those argumentsmight have been framed, it is not possible to say whether, basedon what was known about the Sheik then, they would have beenpersuasive. However, in view of the climate of criticism of thethen Administration regarding refusal of visas on 'ideologicalgrounds", it cannot be taken for granted that the decision wouldhave been to deny him the visa.

I enclose a paper prepared in the Visa Office whichexamines the question in more detail.

Attachment:As stated.


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United States Department of StateThe Inspector General \ i t lWashington, D.C. 20520-6817 \July 7, 1993 :'

MEMORANDUM

TO: CA - Ms. Mary A. RyanFROM: OIG - Sherman M.SUBJECT: Issuance of Nonimmigrant Visas to Sheik Abdel Rahman

During our work on the subject of visas issued to SheikRahman, our team concluded that sufficient evidence was availableat the time to deny each of his applications, if the informationhad been properly entered into the lookout system and/oraccessed. This conclusion was generally concurred in bvofficials at the time the visas were issued. I

9/1: Closed ::.y .Statute

Shortly before the June 30 hearing we were provided a copyof Mr. Scully's June 22, 1993, memorandum which stated hisopinion that a better-than-average chance existed that theDepartment's Legal Adviser would have found that a refusal of theSheik's visa in 1990 would have violated immigration law.

This issue may likely attract considerable attention duringthe upcoming open hearing on July 22. I very much need tounderstand CA's official position on whether the visas(particularly the 1990 one) should have been issued or denied,based on the evidence and information available at the time ofthe applications. My team will be happy to discuss this matterand share all information we collected from officials (past andpresent) and post files.I would appreciate your written response by July 16, 1993,so that I can properly examine it in advance of the next hearing.Your staff can contact John Payne at 7-7096 or Linda Topping frommy Office of Counsel at 7-5059 if you have questions.


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uUnited States Department of StateWashinglon, D.C. 20520

rjUU51993To : CA - Mary A. RyanThrough: CA/VO - John H. Ad amFrom : CA/VO/L - Cornelius D. Sc\iiy$/l IIIISubj : Issuance of Nonimmigrant Visas to Sheikh Abdel RahmanRef : OIG memorandum of July 7, 1993

For possible use in responding to the request set forth inthe memorandum under reference, I offer the following comments.Before going into a technical analysis, I believe I shouldexplain the state of.affairs as I understand it. After receipt ofthe memorandum under reference, I discussed this matter with Mr.Brennan and Ms. Brown of OIG and reviewed documents dating between1982 and November 199.0 assembled by the OIG team during its

investigation to date. As Mr. Brennan explained the matter to me,

Being unable to review the actual file, the investigatorsthereafter interviewed a number of officers who had been stationedin Cairo during the pertinent periods and obtained theirrecollections of the nature and substance of the information whichwas contained in the file during its existence. |

9/11 Closed by sStatute

J I was unable to review the records ofthoseinterviews since, according to Mr. Brennan, they have not as yetbeen transcribed.

As a result, insofar as the Sheikh's possible ineligibilityon terrorist grounds in 1990 is concerned, I cannot make adefinitive judgment ._ _ \ 1 Closed by Statute


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9/ 1 i Closed by Statute

9/11 Clo.sed by Statute

JAccordingly, although it wouldhave been legallygrant the sheikh a waiver of ineligibility toermissible to grant the sheikh a waiver of ineligibility topermit his temporary entry notwith stan ding the ineligibility , thedecision wh et her or not to do so would h ave been entirelydiscretionary.Obviously, it is not possible to know with certainty how thatdiscretion would have been exercised, but it was long-standingDepartment policy that waiver s would not routinely be obtained foraliens ineligible for past terr orist activity. Thus, someone

would have had to make a convincing case for the propriety ofobtaining a wai ve r for the Sheikh in order for the necessaryrecommendation to be made to the Imm igr atio n and NaturalizationService.If, on the other han d, the Cairo file had reflec ted a historyof extremist statements, advocating the overthrow of governmentswhich failed to function according to Islamic law and theoverthrow or assassination of the rulers of such government, butnot a history of terrorist acts or actions in furtherance ofterrorism, the situation would have been quite different. It ishere that section 901 comes into the equation.Section 901 must be seen in its context. Beginning in about1983 various groups opposed 'to Reagan Administration policiesvis-a-vis Central A merica and Cuba and with respect to nuclear_disarmament began to char ge that the Administration was deprivingAmerican citizens of their First Amendment right to hear the views

of aliens who sought to enter to par ticip ate in pub lic deb ates onthese issues and whose views were antit hetica l to those of theAdministration. These ch arg es were pu rsued in various ways in


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the media, in the courts and through the legislative process. ASthe 1980s wore on, the charges became ever more expansive andpositions on the matt er became more polarized. Ultimately,opponents of the Administration came to characterize sections212(a)(27), (28), and (29) as the "ideological exclusions" and toinsist upon their outright repeal.

Now, out righ t repeal of all th ree sections would have hadcatastrophic consequences. The problem the Administrat ion facedat the time, however, was that attempts to explain t hat fact andto describe what the consequences would be were dismissed aspolitical subterfuges designed to thwart reform of an unjustsystem, making it possible for the Administration to continue itsnefarious practices. The atmosphere which all of this producedwithin the Department is difficult to imagine at this remove, butthere was substan tial apprehension about any politically sensit ivevisa refusal. Secretary Shultz was personally very concerned, ashe made clear to th en Assistant Secretary Joan Clark.

The legislative process began in 1984 or 1985 with theintroduction by Cong. Frank (D-Mass) of a bill to revise section212(a) of the Act. Hearings were held on that bill, but it wasnot enacted in that Congress, nor in the next. Mr. Frank againintroduced it in the 100th Congress, but again it appearedunlikely to be enacted. It was at th is point, th at othe rlike-minded me mbe rs proposed and had enact ed section 901.Initially, section 901 was limited to a fifteen month periodbeginning on January 1, 1988. The report of the conferees on P.L.100-204 makes it clear that the time limit was in anticipation ofthe enactment of permanent revisions to sections 212(a)(27), (28),and (29) of the Act. In the event, the completion of thatrevision process was delayed until late 1990. As a result,

section 901 was, first, extended for a two-year period and, later,made permanent. In the process, it was also modified to applyonly to nonimmigrant aliens. (Initially, it had applied to allaliens, immigrant or nonimmigrant.) Section 901 was repealed bythe Immigrat ion Act of 1990, as of June 1, 1991, the effectivedate of the permane nt revisions of section 212(a).

Upon the enactment of section 901, the Administ ration tookthe position that section 901 did not repeal or suspend theapplication of any provision of the Act, specifically sections212(a)(27), (28), or (29). It conceded that an alien could not bedenied admission under those sections for reasons specified insection 901, but asserted that aliens could be denied und er thosesections for reasons other than the prohibite d ones.


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With specific respect to sections 212(a)(28)(C) and (F), theAdministration took the position that it continued to be legallypermissible to make findings of ineligibility under those sectionsin respect of nonimmigrants, but that, wher e the finding ofineligibility was based upon mere membership or affiliation orupon statem ents which would bring the alien within the purview ofeither section, section 901 mandated that a waiver ofineligibility be recommended and granted to permit temporary entrynotwithstanding the ineligibility.

Almost im mediately thereafter, yet another controversy aroseover the Administration's position. Proponents of section 901asserted that its nactment suspended the operation of thosesection^ eliminating the need for waivers of ineligibility, andaccused the Administration of bad faith in its failure to actaccordingly. This controversy became pa rtic ula rly acute afte r thefinal am endment of section 901 which ma de it perm an ent.

In this connection, I am enclosing for your information acopy of a May 23, 1990 letter to the Secretary from Messrs Frank,Morrison, Edwards, Schumer, Herman and Kastenmeier. All six werethen members of the House Judiciary Committee; four of themmembers of the Subcommittee on Immigration. I am also enclosing adocument prepared for the use of Cong. Frank by the CongressionalResearch Service on this subject, I hasten to say that theAdministration did not agree with the interpretation espoused ineither document, but I think they are of interest in terms of theclimate which existed at the time of the Sheikh's May 1990 visaapplication.

In connection with section 901 and its impact on thissubject, Mr. Brennan expressed the vi ew to me that Congress didnot intend to cover people like the Sheikh, but rather intendedsection 901 to apply only to Commun ist Party members. While thatcould, of course, be the case, the documents available to me donot support that opinion. The conferees stated "For example, suchexclusions, restrictions, or deportaeions"would Ihot be appropriateif based on an alien's criticism of the United States or U.S.policies; an alien's attempt to influence lawfully the outcome oflegislation before the Congress; or an alien's mere m embership ina Communist, anarchist or other orga nization proscribed un dercurrent law."

In ad dition , the Congress expressly den ied the benefits ofsection 901 to aliens who were me mb ers, officers, officials,


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9 /11 Closed bv Statute

- 5 - v \ \ > ,representatives or spokesmen of the PLO. . T h e PLO had beend e s i gn a t e d a s a t e r r o r i s t o r g a n i z a t i o n i n 1974 and the Congressclearly un ders tood that section 901 would apply to its members andthose who made statements in its support unless they made specialprovision wit h respect theret o. I believe that, the: fact that theCongress made special p r o v i s i o n for a named terrorist organizationand its mem bers strongly sugg ests that it knew that membershi p interrorist organizations generally would be w i t h i n the purview ofsection 901.

Finally, the successor provision to section 2.12 (a.)( 2ST). (F ) section 212(a)(3)(B) -- is very carefully wri tte n to c b n f i n i f eitself to terro ris t act ivi ty and actions in f rth era nce .thereof.

am enclosing a copy of that document for your information aswell.| || j - i t was shared on an informal basis w i t h a, member ofCong. Frank's staff and of the staff of the House JUdiciarySubcommittee on Im mig rat ion . Both expressed agreement with, itsterms. I do not know whether either Mr. Frank or actual membersof the Subc ommi tte e saw the d r a f t .

I turn back now to the Sheikh's May 1990 visa a p p l i c a t i o n , i nlight of the foregoin g and the possibility tha t the Cairo filew ou ld h a v e s h o w n n o t h i n g m o r e t h a n e x t r e m i s t , t e r r o r i s t .statements, but not a c t i v i t y . / ~~~~"" ~ \eattorney at Justi

who handled all the l i t i g a t i o n on foreign policy refusalsexpressed the view the n, and conti nues to hold it, that allowi ngthe prohi bition against denial s because of s t a t e m e n t s , beliefs, or


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year. Cai ro also report ed that it routinely issued nonimmigr antvisas to Muslim clerics se ek ing to prea ch at mosques in the U.S.once it was satisfied that all expenses were being covered by theU.S. interes ted party .Thus, by the time the Sheikh applied in May 1990 he hadtravelled temporarily to the Unite d States at least once andperhaps twice and had not violated, so far as we know, the termsand conditions of his admission. I

While we now k.now that the Sheikh applied for adjustment ofstatus several months after ar ri vi ng her^ there is nothing.toindicate that the consular officer at Khar toum could have hadreason to suspect that he would do so. In fact, we have no way ofknowing at what point the Sheikh made the decision to seekpermanent residence. He could have had that in mind in May 1990or even before then. He could have decided to do so after arrivalhere, for reasons which arose after entry. We know nothing ofthat aspect of the matter and will likely never learn anyth ingmeaningful about it. Thus, the most that can possibly be said isthe broad generalization that a consular officer can doubt thenonimmigrant bona fides of any applicant, depending upon what issaid by the applicant during the interview and his demeanor.encl: (1) Let ter of May 20, 1990(2) CRS Memorandum of May 9, 1990

(3) 91 State 178327(4) L/CA FAX of October 9, 1991(5) Memorandum of October 18, 1991

Drafted: CA/VO/L:CDScullyIIl:cds7/15/93 WDS3501D X31184Clearance: CA/VO-JHAda


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TAB 1

Thomas H. KeanCHAIR-

Lee H. HamiltonVICE CHAIR

Richard Ben-VcnisteMax ClelandFred F. FieldingJamie S. GorelickSlade GortonJohn LehmanTimothy J. RoemerJames R. ThompsonPhilip D. ZelikowEXECUTIVE DIRECTOR

DOS DOCUMENT REQUEST NO. 4

The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the U.S. Department of State (DOS or the"respondent") provide the Commission with copies of the following documents nolater than August 8, 2003 (the "production date"):1. State OIG Investigations.

a. Documents created and collected pursuant to the State OIGinvestigation of the issuance of visas to the nineteen September 11 hijackersin response to a request from Rep. Frank Wolf (OIG Review ofNIVIssuance Policy an d Procedures M emorandum, ISP-I-03-26, December2002, and Review of the Issuance o f Visas, ISP-CA-03-27, March 2003),including: interview notes and reports; documents collected at posts and atthe State Department facilities in the Washington, D.C. metropolitan area onvisa policies and procedures; the list of questions asked of the consularofficers; and congressional correspondence relating to the report.

b. Documents created and collected pursuant to the State OIGinvestigation of the issuance of visas to Sheik Omar Abdel Rahman(OIGReview of th e Visa-Issuing Process Phase I: Circum stances Surroundingth e Issuance o f Visas to Sheik Omar All Ahmed Abdel Rahman 4-CI-007March 1994), including: interview notes and reports; documents collected atposts, at the State Department facilities in the Washington, D.C.metropolitan area, and from other agencies, and congressionalcorrespondence relating to the report.c. Compliance Reports prepared in connection with OIG reviews of theissuance of non-immigrant visas for the period from 1994 through 2003.

d. Inspector General semi-annual reports to Congress for the periodfrom 1994 through 2003.

2. State - White House Border Policy in Response to September 11.Regarding border security, border policy and controls, border securityarrangements with Mexico and Canada, passport, visa, and refugee securityreviews and clearance matters arising out of the events of September 11,2001:a. State Department records of meetings held in the White House from

September 11 through September 20,2001, attended by State Departmentofficials, to discuss immigration and border security issues arising out of theSeptember 11 attacks, and a list of Departmental personnel who attendedthose meetings andwere responsible for follow-up to those meetings;

b. State Department records describing the current policies concerningthose matters raised in these White House meetings; and

c. Communications from the Secretary of State to the President or theNational Security Adviser or the heads of the Office of Homeland Securityor the Homeland Security Council, discussing proposed and implemented

T E L (202) 331-4060F A X (202) 296-5545

http://www.9-l lcommission.gov


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DOS Document Request No. 4Page 2

measures concerning these matters, from September 11,2001 through September 20,2001.3. State Department Consular Reference Materials.

a. Best Practices Handbook. A copy of the State Department's Best PracticesHandbook, 2000 edition, including subsequent updates;b. Consular Management Handbook,2000 edition, including subsequent updates;c. Appendix A (Classified) to the Visa FAM, 2000 edition, including subsequentupdates;d. Standard Operating Procedures. SOP's concerning clearances, security advisory

opinions, and terrorism-related determinations included in cables to posts, from1998 through 2003; and

e. INS Forms. Guidance to posts concerning how to make use in the visa process ofINS routine reports on aliens who have changed status or have been found to beinadmissible aliens at ports of entry, from 1998 through 2003.

4. Policy memoranda. Policy memoranda concerning border security matters (visas,passports, related arrangements with Canada and Mexico, migration, refugee/asyleeissues) relating to terrorism and alien smuggling, including follow-up to PDD-39, PDD-62, and HSPD-2, from the Secretary of State or the Deputy Secretary of State to AssistantSecretaries of State (a) from 1993 through September 20, 2001, and (b) sufficient to showcurrent policies and proposed policies under consideration.

5. Secretary of State - Justice/Homeland Security. Documents, including legal analyses,sufficient to describe the allocation of authority over visas and visa security advisoryopinions among the Secretary of State, the Department of Homeland Security, and theDepartment of Justice (a) on September 11,2001, and (b) currently.

6. Intelligence Community. Policy correspondence concerning intelligence, informationsharing, and visa security clearances relating to terrorism, alien smuggling, traveldocument fraud, and border security and controls, from 1995 to the present:a. from the Secretary of State, the Deputy Secretary of State, or any Under Secretary

to counterparts at: the Department ofDefense and its intelligence agencies; theDirector of Central Intelligence and the CIA; the Department of Justice and itsagencies; the Department of Homeland Security and its agencies; and theDepartment of the Treasury and its agencies; and

b. from the Assistant Secretaries of INR, CA, and INL, and the Coordinator forCounterterrorism (S/CT), to counterparts at the CIA, the Department of Defenseand its agencies, the Department of Justice and its agencies, the Department of theTreasury and its agencies, and the Department of Homeland Security and itsagencies.

7. Congress. An index or indices of correspondence to or from Members of Congressconcerning border security and control in relation to terrorist entry, alien smuggling, ortravel document fraud (excluding correspondence exclusively about individual cases),from 1995 to the present:

a. signed by the Secretary of State, Deputy Secretary of State, or any Under Secretary;


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b. signed by the Assistant Secretary for Consular Affairs; orc. signed by the Assistant Secretary for Legislative Affairs.

8. Congressionally Required Reports.a. A list of reports prepared for Congress that are required by statutes, or byconference or committee reports, addressing border security or control matters(including visas and passports, arid handling of refugees/asylees) that relate toterrorist entry, alien smuggling, and travel document fraud (classified andunclassified), from 1995 to the present; andb. Copies of the congressionally required reports concerning denials of visas onterrorism/security grounds, including any classified supplements withindividualized information.

9. Analyses. Legal analyses prepared at the State Department concerning: authorityandstandards for watchlisting individuals associated with terrorism; authority to gaincooperation from intelligence and law enforcement agencies on watchlist information;interagency sharing of watchlist information; harmonization of U.S. and Canadian visaand/or entry requirements; the use of U.S. passports to enter the U.S. from Mexico and/orCanada; and standards for revoking of visas, from 1993 through 2003.

10. Refugee/Asylee Security Review Process. Documents sufficient to describe:a. the security review and clearance process for asylees and refugees from 1998through September 11,2001;

b. new security requirements in the immigration process for refugees and asyleesimposed since September 11,2001;

c. the number of asylee and refugee applicants and the number who have been barredon terrorist-related grounds from 2000 to the present; andd. the number of asylee an d refugee applicants for whom security reviews arecurrently pending. '

11. Watchlists. Agreements among DOS and other government agencies regardinginformation sharing on terrorist watchlists, from 1991 through 2003.12. Alien Smuggling. Intelligence assessments prepared by INR that linked alien

smuggling, migration, or transnational refugee and asylee movements with terrorists,from 1996 through 2003.

13. TIPOFF. The following information on the TIPOFF program:a. the number of entries in TIPOFF by year, from its inception as a computerizedsystem to the present, with 6 month total numbers for 2001,2002, and 2003;b. the total number of entries submitted by source agency, by year, from 1998 to thepresent;c. the total number of true hits (matches of visa applicants and watchlistedindividuals) identified for years 1993 through 2003, the number of visas deniedbased on these matches, and the reasons for these denials; an d


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9/11 Closed by Statute


d. the TIPQFF entries d 1| | forall TIPOFF true hits for Islamic extremist terrorists generally,and al Qa'ida specifically, from 1993 to the present, indicating those to whom visaswere issued or denied, or issued through a waiver of ineligibility, and the post ofapplication.

14. Supplemental clearances.a. documents (classified and unclassified) stating the legal authority, requirements andprocedures for the supplemental visa clearance processes (a) for males of specifiedcountries and age groups, instituted after September 11, 2001, and (b) fo r sensitivetechnology-related visas;

b. the number of clearances sought through each process to date;c. the number of individuals found ineligible or to whom a visawas denied through-each process, who were no t already listed in TIPOFF, by agency providing theclearance or derogatory information;d. for those denied, the names, aliases, dates of birth, countries of origin andnationality, passport number, visaclassification, date and place of issue, and thereasons for the denials, with an indication of which clearance process resulted in thebar and/or whether awaiver of ineligibilitywas sought or obtained; ande. memoranda reporting on the evaluationand associated recommendationsconcerning the supplemental visa security review process instituted after September11,2001, and still in effect.

15. ICAO. Documents sufficient to describe the U.S. government position on machine-readable travel documents and biometrics, associated with ICAO meetings, from 1998 toth e present.

16. G-8. Documents sufficient to describe U.S. positions concerning border security orcontrol issues (visas, passports, biometrics, migration, refugees/asylees, alien smuggling,travel document fraud) at the G-8 meetings, from 1998 through 2003.

17. IOM. Documents sufficient to describe U.S. positions on any discussions in theInternational Organization for Migration concerning terrorist mobility, from 1998\h 2003.18. Diversity Program. Any memoranda or telegrams concerning the relationship between

fraud or other vulnerabilities in the Diversity Program and terrorist entry to the U.S.,from 1998 to the present.19 . Foreign Government Visa Policies. Any analyses of foreign government visa policies

and their impact on terrorist mobility, e.g.\ |and various island nations' citizenship purchpresent.


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DOS Document Request No. 4PageS

20. AnnualPost Fraud Reports. Annual reports on fraud in the visa process sent fromBerlin, Abu Dhabi, Dubai, Jeddah, Riyadh, Karachi, Islamabad, Cairo, Amman,Ankaraand Istanbul from 1998 to the present.21 . Diplomatic Security and/or Consular Affairs.a. copies of Diplomatic Security or Consular Affairs alerts issued from 1998 to thepresent concerning passport and visa fraud, including alerts concerning access byterrorists to blank passports or fraudulent visas;b. an index of reviews carried out by Consular Management Assessment Teams ortheir predecessors to assess post consular vulnerabilities, 1998 to present;

c. Diplomatic Security reporting relating to Islamic extremist terrorist threats againstindividuals, groups or sites in the United States sent to Washington by the field,fromAugust 7,1998 through September 11,2001;d. copies of foreign airport in-transit reports of Islamic extremist terroristsapprehended with fraudulent travel documents, from 1998 to the present;e. analytic products that discuss the use of fraudulently obtained birth records anddrivers licenses in acquiring visas and passports, from 1998 to the present;f. analytic products that discuss the link between passport and visa fraud and terroristentry to the U.S.; jg. annual arrests, referrals for prosecution (federal or state), declinations, and caseresults, resulting from investigations of passport and visa fraud, noting anyinvolving Islamic extremists, from 1998 to the present; andh. information concerning Diplomatic Security's current mission with respect topreventing terrorist entry to the U.S. and resources dedicated to it.

22 . DohaVisa Fraud. Summary report of the results of the investigation into alleged visafraud at the U.S. Embassy in Doha, Qatar, referred to as "Operation Eagle Strike,"including:a. the names, dates of birth, passport country, passport and visa numbers ofindividuals issued the fraudulent visas, and immigration status of each;b. the manner in which the visas were acquired;c. names and positions of those taken into custody, in connection with the provision oracquisition of the visas;d. whether any of the persons sought had terrorist affiliations, the nature of thoseaffiliations;e. current status of any cases;f. results of the investigation into the employees who processed visa applicationsduring the time of the fraud; andg. any disciplinary or other actions taken as a result of the investigation.

23. Ambassador,DCM, and Principal Officers. Provide the names of the Ambassadors orcharge d'affaires, the Deputy Chiefs of Mission, the Principal Officers and the ConsularSection Chiefs for the period January 1,1999 through the present, forposts in Egypt,Saudi Arabia, United Arab Emirates, Pakistan, and Germany.


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The Commission requests that the documents requested abovebe provided as soon as they areavailable, even though all requested documents may not be provided at the same time, throughmeans of a "rolling" production.If any requested documents are withheld from production, even temporarily, based on an allegedclaim of privilege or for any other reason, the Commission requests that the respondent, as soon aspossible and in no event later than the production date, identify and describe each such document orclass of documents, as well as the alleged basis for not producing it, with sufficient specificity toallow a meaningful challenge to any such withholding.If the respondent does not have possession, custody or control of any requested documentsbut hasinformation about where such documents may be located, the Commission requests that therespondent provide such information as soon as possible and in no event later than theproductiondate.If the respondent has any questions or concerns about the interpretation or scope of these documentrequests, the Commission requests that any such questions or concerns be raised with theCommission as soon aspossible so that any such issues can be addressed and resolved prior to theproduction date.

July 25,2003 Daniel MarcusGeneral Counsel


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WITHDRAWAL NOTICE

RG : 148 Exposit ion, Anniversary, and Memorial CommissionsSERIES: 9/11 Commission Team 5, FRC B ox 23

N N D PROJECT NUM BER: 51095 FOIA CASE NU M BER : 30383WITHD RAW AL DATE: 09 /08 /2008

BOX: 00004 FOLD ER: 0008 TAB: 4 DOC ID: 31194386COPIES: 1 PAGES: 23

ACCESS R E S T R I C T E DT he i tem ident i f ied below has been wi thd rawn from this file:

FOLDER TITLE: CIA /State documents re Blind Sheikh 1 of 3DOCUM ENT DATE: DOCU MEN T TYPE: Cab leF R O M :TO:SUBJECT: Various State Dept. cables re Blind Sheikh [RD05030/0775]-classif ied cables

This document has been wi thd rawn for the fo l lowing reason(s):9/11 Class if ied Inform ation

WITHDRAWAL NOTICE


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Current Class: UNCLASSIFIEDCurrent Handling: n/aDocument Number: 1990KHARTO12626

t f o 1 O i l ? Page: lChannel: n/a

PAGE 01ACTION VO-06INFO LOG-00DS-01

UNCLASSIFIEDKHARTO 12626 041042Z

ADS-00 AF-01 AMAD-01 CA-02 CIAE-00 DODE-00INRE-00 INR-05 NSAE-00 SCT-03 /019W-------- ....... --- 25DOD7 041042Z /38

V XP 041043Z DEC 90FM AMEMBASSY KHARTOUMTO SECSTATE WASHDC PRIORITY 8074UNCLAS KHARTOUM 12626FOR CA/VO/L/C:IE.G. 12356: N/A /TAGS: CVIS, PTER, EG (ABDEL RAHMAN, OMAR AHMED ALL)SUBJ: REQUEST FOR ASSISTANCE /REP: (A) VICTARS 120891 (B) STATE 402128 AND /PREVIOUS /MATERIALS REQUESTED IN REFTEL B WERE FORWARDED VIAREGULAR MAIL HAND CARRIED TO THE UNITED STATES ONNOVEMBER 28. THEY WERE ADDRESSED TO AF/E:||

FOR HANDLING. /

UNCLASSIFIEDNNNN

9/11 Personal Privacy

Current Class: UNCLASSIFIED Page: 1


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9/11 Personal PrivacyCurrent Class: UNCLASSIFIED

Current Handling: n/aDocument Number: 1990STATE401142

Page: 1Channel: n/a

PAGE 01ORIGIN VO-06INFO LOG-00

INR-05DRAFTED BY:APPROVED BY:

STATEUNCLASSIFIED401142 280243Z

22639B 280243Z /38O 280242Z NOV 90FM SECSTATE WASHDCTO USINS WASHDC IMMEDIATEUNCLAS STATE 401142VISAS; FOR INS/COINS AND INS/COINTE.G. 12356: N/ATAGS: CVIS, PINS, PTER, EG (ABDEL RAHMAN, OMAR AHMEDALI)

VISA REVOCATIONREF: A) VICTARS 120891 B) CAIRO 22795 AND PREVIOUS(NOTAL)1. THIS IS TO ADVISE THAT ON26 NOVEMBER 1990 THE

UNCLASSIFIEDUNCLASSIFIED

PAGE 02 STATE 401142 280243ZDEPARTMENT REVOKED ANY AND ALL VALID NONIMMIGRANT VISASISSUED TO OMAR ALI ABDEL RAHMAN (AKA ABDURRAHMAN, AKAAL-RAHMAN, AKA ABD-AL-RAHMAN), DPOB 3 MAY 1938, EGYPT.2. EX 0 THE CERTIFICATE OF REVOCATION.QUOTE. NOVEMBER 26, 1990 CERTIFICATE OF REVOCATIONTHIS IS TO CERTIFY THAT I, THE UNDERSIGNED DEPUTYASSISTANT SECRETARY OF STATE FOR VISA SERVICES, ACTINGIN PURSUANCE OF THE AUTHORITY CONFERRED BY SECTION 221(LITTLE I) OF THE IMMIGRATION AND NATIONALITY ACT (8Current Class: UNCLASSIFIED

0 ADS-005 INSE-00

CA-02L-03

CIAE-00NBA-01

DODE-00NSAE-00

DS-01SCT-03

INRE-OO/021R

Page: 1


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Current Class: UNCLASSIFIED Page: 2Current Handling: n/aDocument Number: 1990STATE401142 Channel: n/aU.S.C. 1201 (LITTLE I)), BY DELEGATION OF AUTHORITYNUMBER 74 AND BY REDELEGATION OF AUTHORITY NUMBER74-3-A, HEREBY REVOKE ANY AND ALL CURRENTLY VALIDNONIMMIGRANT VISAS ISSUED TO MR. OMAR ALI ABDEL RAHMAN,BORN MAY 3, 1938, IN EGYPT. THIS ACTION SHALL TAKEEFFECT IMMEDIATELY. (SIGNED) JOHN H. ADAMS UNQUOTE.3. CA/VO WILL FORWARD A COPY OF THE SIGNED CERTIFICATEOF REVOCATION. PLEASE INFORM ALL CARRIERS AND PORTS OFENTRY OF THE REVOCATION. DEPT. UNDERSTANDS THAT THESPELLING ON HIS EGYPTIAN PASSPORT IS ABDEL RAHMAN. ASIDENTIFICATION, HE IS BLIND AND WALKS WITH A LIMP. HEIS NOT PRESUMED TO SPEAK ENGLISH. MOST PROBABLE USPORTS OF ENTRY ARE JFK AND NEWARK AIRPORTS.4. ABDEL RAHMAN IS LISTED IN AVLOS AS A 77 ENTRY FROMCAIRO. DEPT. WILL ENTER HIM AS A 00 AND REQUESTS INS TOMAKE THE APPROPRIATE ENTRIES IN NAILS. BAKER

UNCLASSIFIEDUNCLASSIFIED

PAGE 03 STATE 401142 280243ZUNCLASSIFIED

NNNN

Current Class: UNCLASSIFIED Page: 2


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WITHDRAWAL NOTICE

RG: 148 Exposi t ion , Anniversa ry , and Memoria l Commiss ionsSE RIE S: 9 /11 Commiss ion Team 5, FRC Box 23

N N D P R O J E C T N U M B E R : 5 10 9 5 FOIA C A S E N U M B E R : 3 0 38 3W I T H D R A W A L D A T E : 0 9 / 08 /2 0 0 8

BOX: 00004 FO L D E R : 0008 T A B: 4 DO C ID: 31194386COP IES: 1 PAG ES: 26

A C C E S S R E S T R I C T E DT h e i tem iden t i f ied be low h as b e e n w i t h d r a w n f rom th i s f i le:

FOL DER TITLE : CIA /Sta te docum ents re Bl ind She ikh 1 of 3D O C U M E N T D A T E : D O C U M E N T T Y P E : C a b leF R O M :TO :SUBJE CT: Var ious S ta te Dept . cables re Bl in d Sh e ikh [RD05030/0775]-c lass i f ied cables

T h i s d ocum ent ha s been w i thd raw n fo r t he fo l low ing reason(s):9/11 Class i fi ed Inform at ion

WITHDRAWAL NOTICE