WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Memorial Commissions

SERIES: 9/11 Commission Team 5, FRC Box 23
NND PROJECT NUMBER: 51095 FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004 FOLDER: 0008 TAB: 1 DOC ID: 31194383

COPIES: 1 PAGES: 56

ACCESS RESTRICTED
The item identified below has been withdrawn from this file:

FOLDER TITLE: CIA/State documents re Blind Sheikh 1 of 3

DOCUMENT DATE: DOCUMENT TYPE: Report

FROM: CIA

TO: Marcus

SUBJECT: Response to DCI document request no. 39

This document has been withdrawn for the following reason(s):

9/11 Classified Information

WITHDRAWAL NOTICE
 S/S 200402078 XR 200319446
United States Department of State

Washington, D.C. 20520

February 4, 2004
TTNCLASSIFIED
MEMORANDUM FOR DANIEL MARCUS
GENERAL COUNSEL
NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES

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

This is in farther response to the National Commission on Terrorist Attacks Upon

the United States' fourth request for Department of State documents.

Attached is the fifteenth installment of documents in response to the

Commission's fourth request, specifically documents in response to item 1. This
installment consists of 9 documents, primarily memoranda.

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

We hope this information is useful to you. As always, please do not hesitate to

contact us if you have further questions.

Karl Hofhiann
Executive Secretary

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

UNCLASSIFIED
 Index of Documents
To the National Commission on Terrorist Attacks Upon the United States
Case No. S200300007 Segment CA007

Doc Date Type From Title / Subject Mesa No TPS Doc # Class

10/09/1991 TM CARLSON, KELLY TRANSLATED DOCUMENTS FROM CB 004 N

EGYPT

09/05/1991 MI AL-FAYOUM TRANSLATION: DOC #2 - AL-FAYOUM CB 004A N

PROSECTION- MEMORANDUM
REGARDING LAWSUITS #12163,12164,
12167, 12168 OF 1986 AL-FAYOUM

(/ 07/07/1991 MI MAHMOUD, ABDEL MEGUDD TRANSLATION:DOC #1 - GENERAL CB 004B N

PROSECUTION

09/11/1991 MI ABBAS, MAHMOUD TRANSLATION:DOC#3 - GENERAL CB 004C N

PROSECUTION - STATEMENT OF FACTS,
AS ENTERED IN OFFICIAL RECORDS
AND DOCKETS, OF LAWSUIT #462 OF
1981 HIGHER STA

1/09/11/1991 MI ABBAS, MAHMOUD TRANSLATION:DOC#4 - GENERAL CB 004D N

PROSECUTION - STATEMENT OF FACTS,
AS ENTERED IN OFFICIAL RECORDS
AND DOCKETS, OF LAWSUIT #351 OF
1985 HIGHER STA

09/11/1991 MI ABBAS, MAHMOUD TRANSLATION:DOC#5 - GENERAL CB 004E N

PROSECUTION - STATEMENT OF FACTS,
AS ENTERED IN OFFICIAL RECORDS
AND DOCKETS, OF LAWSUIT #258 OF
1989 HIGHER STA

07/16/1993 ME RYAN, MARY A ISSUANCE OF NONIMMIGRANT VISAS TO CB005 N.

SHEIK ABDEL RAHMAN

V07/07/1993 ME FUNK, SHERMAN M ISSUANCE OF NONIMMIGRANT VISAS TO CB 005A N

SHEIK ABDEL RAHMAN
1
 Index of Documents
To the National Commission on Terrorist Attacks Upon the United States
Case No. S200300007 Segment CA007

Doc Date Type From Title / Subject Mesp No IPS Doc # Class

07/15/1993 ME SCULLY, CORNELIUS D, III ISSUANCE OF NONIMMIGRANT VISAS TO CB 006 N

SHEIKH ABDEL RAHMAN
 . D.C.
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W a i h i n q c o n , DC 20520

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r*ctiv<» documtntf 24 hours a day. You must Itt eh«
rectivi'nq p«rey know you art stndinq a document.

<0c
 fl
«^:.-.T..«- jJV^I 5.

Translation ; Doc. #2
c OC

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

1, Lawsuit 12163/36 : Found recorded against 'Omar Ahmed 'Ali

'Abdurrahman. The charge was falsification of a private note
"Cheque". The ruling was pronounced in his presence in the hearing of
December 8,1987 and was confirmatory (of previous sentence).
Defendant was sentenced with one month imprisonment with stay of
execution, and payment of expenses (of lawsuit).
2. Lawsuit # 12164 : Found recorded against 'Omar Ahmed
•Abdurrahman. The Charge was falsification of a private note
"cheque". The ruling was pronounced in his presence in the hearing of
> \. 8,1987, and was confirmatory (of previous sentence). De

was sentenced with one month imprisonment with stay of execution, and

payment of the expenses.

3.' Lawsuit # 12165 : Found recorded against 'Omar Ahmed
'Abdurrahman. The Charge was falsification of a private note
"cheque", The ruling was pronounced in his presence in the hearing of
Dec. 8,1987, and was confirmatory (of previous sentence). Defendant
was sentenced with one month imprisonment with stay of execution, and
payment of the expenses.
A. Lawsuit 0 12167 : Recorded against 'Omar Ahmed 'Abdurrahman, The
Charge was falsification of a private note "cheque11. The ruling was
pronounced in his presence in the hearing of Dec. 21,1987, Defendant

fourd not guilty.

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

Chief of Criminal Department Director of Prosecution

(Signed) (Signed)
f- September 5,1991
Official Seal
Ministry of Justice, Al-Fayoum Prosecution
 Translation ; Doc.ffl
GENERAL PROSECUTION

CFFICE OF THE PROSECUTOR GENERAL

HIGHER STATE SECURITY PROSECUTION

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

Date Issued : July 7,1991

Time : 11:30 Very Respectfully yours
Attorney General
Higher State Security Prosecution
Counsellor (Signed)
- - • - • •„_., ,&*,***-'— • • Abdel Megidd
•— " Mahmoud
Official Saal
Office of the Prosecutor General
 0
Translation ; Doc.<
(L Jvv
GENERAL PROSECUTION
OFFICE OF THE PROSECUTOR GENERAL
HIGHER STATE SECURITY PROSECUTION
Statement of facts, as entered
in official records and dockets,
of Uawsuit # 462 of 19Bl Higher State Security
According to the dockets, it appears that Case # 462 of 1581 was a Higher
State Security case, and that 'Omar Ahmed 'Abdurrahman was included in the
Committal Cfrder of this case with the charge of participation with others
'in the attempt of forcibly overthrowing of the regime and changing of the
Constitution, and formation of an armed terrorist group whose leaders were
the defendant and others.
The case was looked into in the hearing of .September 30,1984. In his
presence, the Court ruled that defendant was'-not guilty of the charges
leveled against him.
Additionally, looking into a copy of the verdict in Case * 7/B1 "Military"
on the assasination of the former President of the Republic which is
attached to the abovementioned Case, it was found out that this defendant
was also included in the Committal Order of this case, as he was charged
with participation through instigation with other defendants in this Case
in wilfully and knowingly committing the felony of murder of former
President of the Arab Republic of Egypt. This Case was looked into by the
Military Court in his presence in the hearing of March 6,1982. Defendant
was found not guilty
Director, General Department for
Higher State Security Prosecution Affairs
Official Seal (Signed) Mahmoud 'Abbas Sept. 11,1991
 Translation ; Doc. #A
General Prosecution
Higher State Security Prosecutioo-

Statemerit of facts, as entered in

. official records and dockets,
of Lawsuit # 351 of 1985 Higher State Security .

According to the file of this Case, it appears that 'Omar Ahmed

•Abdurrahman was charged with the leadership and formation of an
underground military organization opposed to the established regime,
and dissemination of provocative propaganda causing disturbance to
i.*'
public security and harming public interest.
Defendant was interrogated and imprisoned, pending looking into the
litigation, on July 24,1585, and was released in-.October 28,1985. No
action has yet been taken in the Case.

Director, General Department for

Higher State Security Prosecution Affairs
(Signed) Mahmoud 'Abbas Sept. 11,1991
Official Ss£l
Higher State Security Prosecution
 Trsnslation ; Doc.#5
x^>
GENERAL PROSECUTION //

OFFICE OF THE PROSECUTOR GENERAL

HIGHER STATE SECURITY PROSECUTION

Statement of facts, as entered

in official records and dockets,
of Lawsuit # 258 of 1989 Higher State Security
#3052, of. 1989 Administrative AI-Fayoum .-

According *o the docket, it appears that this Case was recorded .•

. against 'Omar Ahmed 'Abdurrahman and others, that he participated, •
and others^,in a gathering with the purpose of committing of crimes
of assault against individuals and public funds, and influencing the
authorities in carrying out their duties, by"Use of force and
violence, ceirrying fire arms and ammunitions and steel weapons.
Case was referred to the Court. Ruling was pronounced in absentia.
Defendant was found not guilty of the charges leveled against him.

Director, General Department for

Higher State Security Prosecution Affairs
(Signed) Mahmoud 'Abbas Sept. 11,1991
Official Seal
Higher State Security Prosecution
 United States Department of Stale

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

Washington, D.C. 20520

July 16, 1993

MEMORANDUM

TO: DIG - Sherman M. Funk

FROM: CA - Mary A. R
SUBJECT: Issuance of Nonimmigrant Visas to Sheik Abdel Rahman
REF: Your Memorandum of July 7, 1993

It is not possible to answer definitively whether or not

visas (particularly the one issued in 1990) should have been
issued or denied based on the evidence and information available
at the time of application, because we do not know with certainty
today the extent of the evidence or information available at
those times. What can be said is that it is still not clear
sufficient evidence or information was available then to ensure
that the visas would have been denied under the existent law had
the proper procedures been followed.
In 1990, given the effect of section 901 of P.L. 100-204
on Section 212 (a) of the Immmigration and Nationality Act (I1CA) ,
mere advocacy of or incitement to acts of terrorism would not
have been sufficient for ineligibility under Section 212 (a)
(28). Then (as now) evidence of actual involvement in terrorist
activity beyond mere words would have been required. Taking into
account that the Sheik had been acquitted by an Egyptian court on
the charges brought against him in the Sadat assassination, there
is no evidence we have seen that clearly establishes that his
activities in support of terrorism extended beyond mere words.
 -2-

9/11 Closed by Statute

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

Attachment:
As stated.
 United States Department of State
The Inspector General \itl
Washington, D.C. 20520-6817 \
July 7, 1993 :'

MEMORANDUM

TO: CA - Ms. Mary A. Ryan

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

9/1: Closed ::.y .Statute

Shortly before the June 30 hearing we were provided a copy

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

Washinglon, D.C. 20520

rjUU51993
To : CA - Mary A. Ryan
Through: CA/VO - John H. Adam

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

I

Subj : Issuance of Nonimmigrant Visas to Sheikh Abdel Rahman

Ref : OIG memorandum of July 7, 1993

For possible use in responding to the request set forth in

the memorandum under reference, I offer the following comments.

Before going into a technical analysis, I believe I should

explain the state of.affairs as I understand it. After receipt of
the memorandum under reference, I discussed this matter with Mr.
Brennan and Ms. Brown of OIG and reviewed documents dating between
1982 and November 199.0 assembled by the OIG team during its
investigation to date. As Mr. Brennan explained the matter to me,

Being unable to review the actual file, the investigators

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

9/11 Closed by s
Statute

J I was unable to review the records ofthose

interviews since, according to Mr. Brennan, they have not as yet
been transcribed.

As a result, insofar as the Sheikh's possible ineligibility

on terrorist grounds in 1990 is concerned, I cannot make a
d e f i n i t i v e judgment . __\1 Closed by Statute
 -2-

9/1 i Closed by Statute

9/11 Clo.sed by Statute

J A c c o r d i n g l y , although it wouldhave been legally

permissible to grant the sheikh a waiver of ineligibility to
permit his temporary entry notwithstanding the ineligibility, the
decision whether or not to do so would have been entirely
discretionary.
Obviously, it is not possible to know with certainty how that
discretion would have been exercised, but it was long-standing
Department policy that waivers would not routinely be obtained for
aliens ineligible for past terrorist activity. Thus, someone
would have had to make a convincing case for the propriety of
obtaining a waiver for the Sheikh in order for the necessary
recommendation to be made to the Immigration and Naturalization
Service.
If, on the other hand, the Cairo file had reflected a history
of extremist statements, advocating the overthrow of governments
which failed to function according to Islamic law and the
overthrow or assassination of the rulers of such government, but
not a history of terrorist acts or actions in furtherance of
terrorism, the situation would have been quite different. It is
here that section 901 comes into the equation.

Section 901 must be seen in its context. Beginning in about

1983 various groups opposed 'to Reagan Administration policies
vis-a-vis Central America and Cuba and with respect to nuclear_
disarmament began to charge that the Administration was depriving
American citizens of their First Amendment right to hear the views
of aliens who sought to enter to participate in public debates on
these issues and whose views were antithetical to those of the
Administration. These charges were pursued in various ways — in
 -3-

the media, in the courts and through the legislative process. AS

the 1980s wore on, the charges became ever more expansive and
positions on the matter became more polarized. Ultimately,
opponents of the Administration came to characterize sections
212(a)(27), (28), and (29) as the "ideological exclusions" and to
insist upon their outright repeal.

Now, outright repeal of all three sections would have had

catastrophic consequences. The problem the Administration faced
at the time, however, was that attempts to explain that fact and
to describe what the consequences would be were dismissed as
political subterfuges designed to thwart reform of an unjust
system, making it possible for the Administration to continue its
nefarious practices. The atmosphere which all of this produced
within the Department is difficult to imagine at this remove, but
there was substantial apprehension about any politically sensitive
visa refusal. Secretary Shultz was personally very concerned, as
he made clear to then Assistant Secretary Joan Clark.
The legislative process began in 1984 or 1985 with the
introduction by Cong. Frank (D-Mass) of a bill to revise section
212(a) of the Act. Hearings were held on that bill, but it was
not enacted in that Congress, nor in the next. Mr. Frank again
introduced it in the 100th Congress, but again it appeared
unlikely to be enacted. It was at this point, that other
like-minded members proposed and had enacted section 901.

Initially, section 901 was limited to a fifteen month period

beginning on January 1, 1988. The report of the conferees on P.L.
100-204 makes it clear that the time limit was in anticipation of
the enactment of permanent revisions to sections 212(a)(27), (28),
and (29) of the Act. In the event, the completion of that
revision process was delayed until late 1990. As a result,
section 901 was, first, extended for a two-year period and, later,
made permanent. In the process, it was also modified to apply
only to nonimmigrant aliens. (Initially, it had applied to all
aliens, immigrant or nonimmigrant.) Section 901 was repealed by
the Immigration Act of 1990, as of June 1, 1991, the effective
date of the permanent revisions of section 212(a).

Upon the enactment of section 901, the Administration took

the position that section 901 did not repeal or suspend the
application of any provision of the Act, specifically sections
212(a)(27), (28), or (29). It conceded that an alien could not be
denied admission under those sections for reasons specified in
section 901, but asserted that aliens could be denied under those
sections for reasons other than the prohibited ones.
 -4-

With specific respect to sections 212(a)(28)(C) and (F), the

Administration took the position that it continued to be legally
permissible to make findings of ineligibility under those sections
in respect of nonimmigrants, but that, where the finding of
ineligibility was based upon mere membership or affiliation or
upon statements which would bring the alien within the purview of
either section, section 901 mandated that a waiver of
ineligibility be recommended and granted to permit temporary entry
notwithstanding the ineligibility.

Almost immediately thereafter, yet another controversy arose

over the Administration's position. Proponents of section 901
asserted that its enactment suspended the operation of those
section^ eliminating the need for waivers of ineligibility, and
accused the Administration of bad faith in its failure to act
accordingly. This controversy became particularly acute after the
final amendment of section 901 which made it permanent.

In this connection, I am enclosing for your information a

copy of a May 23, 1990 letter to the Secretary from Messrs Frank,
Morrison, Edwards, Schumer, Herman and Kastenmeier. All six were
then members of the House Judiciary Committee; four of them
members of the Subcommittee on Immigration. I am also enclosing a
document prepared for the use of Cong. Frank by the Congressional
Research Service on this subject, I hasten to say that the
Administration did not agree with the interpretation espoused in
either document, but I think they are of interest in terms of the
climate which existed at the time of the Sheikh's May 1990 visa
application.

In connection with section 901 and its impact on this

subject, Mr. Brennan expressed the view to me that Congress did
not intend to cover people like the Sheikh, but rather intended
section 901 to apply only to Communist Party members. While that
could, of course, be the case, the documents available to me do
not support that opinion. The conferees stated "For example, such
exclusions, restrictions, or deportaeions"would Ihot be appropriate
if based on an alien's criticism of the United States or U.S.
policies; an alien's attempt to influence lawfully the outcome of
legislation before the Congress; or an alien's mere membership in
a Communist, anarchist or other organization proscribed under
current law."

In addition, the Congress expressly denied the benefits of

section 901 to aliens who were members, officers, officials,
 9/11 Closed bv Statute

-5- v\\>,
representatives or spokesmen of the PLO. .The PLO had been
designated as a terrorist organization in 1974 and the Congress
clearly understood that section 901 would apply to its members and
those who made statements in its support unless they made special
provision with respect thereto. I believe that, the: fact that the
Congress made special provision for a named terrorist organization
and its members strongly suggests that it knew that membership in
terrorist organizations generally would be within the purview of
section 901.
Finally, the successor provision to section 2.12 (a.) ( 2ST). (F ) —
section 212(a)(3)(B) -- is very carefully written to cbnfinife
itself to terrorist activity and actions in f urtherance .thereof.

am enclosing a copy of that document for your information as

well. | |
| j-it was shared on an informal basis with a, member of
Cong. Frank's staff and of the staff of the House JUdiciary
Subcommittee on Immigration. Both expressed agreement with, its
terms. I do not know whether either Mr. Frank or actual members
of the Subcommittee saw the draft.
I turn back now to the Sheikh's May 1990 visa application,in
light of the foregoing and the possibility that the Cairo file
would have shown nothing more than extremist, terrorist .
statements, but not activity./ ~~~~"" ~ \e attorney at Justic

who handled all the litigation on foreign policy refusals

expressed the view then, and continues to hold it, that allowing
the prohibition against denials because of statements, beliefs, or
 -7-

year. Cairo also reported that it routinely issued nonimmigrant

visas to Muslim clerics seeking to preach at mosques in the U.S.
once it was satisfied that all expenses were being covered by the
U.S. interested party.

Thus, by the time the Sheikh applied in May 1990 he had

travelled temporarily to the United States at least once and
perhaps twice and had not violated, so far as we know, the terms
and conditions of his admission. I

While we now k.now that the Sheikh applied for adjustment of

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

encl: (1) Letter 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:cds Clearance: CA/VO-JHAda

7/15/93 WDS3501D X31184
 TAB 1

DOS DOCUMENT REQUEST NO. 4

Thomas H. Kean The National Commission on Terrorist Attacks Upon the United States (the
CHAIR-
"Commission") requests that the U.S. Department of State (DOS or the
Lee H. Hamilton
VICE CHAIR "respondent") provide the Commission with copies of the following documents no
Richard Ben-Vcniste later than August 8, 2003 (the "production date"):
Max Cleland
1. State OIG Investigations.
Fred F. Fielding a. Documents created and collected pursuant to the State OIG
investigation of the issuance of visas to the nineteen September 11 hijackers
Jamie S. Gorelick
in response to a request from Rep. Frank Wolf (OIG Review ofNIV
Slade Gorton Issuance Policy and Procedures Memorandum, ISP-I-03-26, December
2002, and Review of the Issuance of Visas, ISP-CA-03-27, March 2003),
John Lehman
including: interview notes and reports; documents collected at posts and at
Timothy J. Roemer the State Department facilities in the Washington, D.C. metropolitan area on
visa policies and procedures; the list of questions asked of the consular
James R. Thompson
officers; and congressional correspondence relating to the report.
Philip D. Zelikow b. Documents created and collected pursuant to the State OIG
EXECUTIVE DIRECTOR
investigation of the issuance of visas to Sheik Omar Abdel Rahman (OIG
Review of the Visa-Issuing Process Phase I: Circumstances Surrounding
the Issuance of Visas to Sheik Omar All Ahmed Abdel Rahman 4-CI-007
March 1994), including: interview notes and reports; documents collected at
posts, at the State Department facilities in the Washington, D.C.
metropolitan area, and from other agencies, and congressional
correspondence relating to the report.
c. Compliance Reports prepared in connection with OIG reviews of the
issuance of non-immigrant visas for the period from 1994 through 2003.
d. Inspector General semi-annual reports to Congress for the period
from 1994 through 2003.

2. State - White House Border Policy in Response to September 11.

Regarding border security, border policy and controls, border security
arrangements with Mexico and Canada, passport, visa, and refugee security
reviews and clearance matters arising out of the events of September 11,2001:
a. State Department records of meetings held in the White House from
September 11 through September 20,2001, attended by State Department
officials, to discuss immigration and border security issues arising out of the
September 11 attacks, and a list of Departmental personnel who attended
those meetings and were responsible for follow-up to those meetings;
b. State Department records describing the current policies concerning
those matters raised in these White House meetings; and
c. Communications from the Secretary of State to the President or the
National Security Adviser or the heads of the Office of Homeland Security
or the Homeland Security Council, discussing proposed and implemented
TEL (202) 331-4060
FAX (202) 296-5545
http://www.9-l lcommission.gov
DOS Document Request No. 4
Page 2

measures concerning these matters, from September 11,2001 through September 20,2001.

3. State Department Consular Reference Materials.

a. Best Practices Handbook. A copy of the State Department's Best Practices
Handbook, 2000 edition, including subsequent updates;
b. Consular Management Handbook, 2000 edition, including subsequent updates;
c. Appendix A (Classified) to the Visa FAM, 2000 edition, including subsequent
updates;
d. Standard Operating Procedures. SOP's concerning clearances, security advisory
opinions, and terrorism-related determinations included in cables to posts, from
1998 through 2003; and
e. INS Forms. Guidance to posts concerning how to make use in the visa process of
INS routine reports on aliens who have changed status or have been found to be
inadmissible aliens at ports of entry, from 1998 through 2003.

4. Policy memoranda. Policy memoranda concerning border security matters (visas,

passports, related arrangements with Canada and Mexico, migration, refugee/asylee
issues) relating to terrorism and alien smuggling, including follow-up to PDD-39, PDD-
62, and HSPD-2, from the Secretary of State or the Deputy Secretary of State to Assistant
Secretaries of State (a) from 1993 through September 20, 2001, and (b) sufficient to show
current policies and proposed policies under consideration.

5. Secretary of State - Justice/Homeland Security. Documents, including legal analyses,

sufficient to describe the allocation of authority over visas and visa security advisory
opinions among the Secretary of State, the Department of Homeland Security, and the
Department of Justice (a) on September 11,2001, and (b) currently.

6. Intelligence Community. Policy correspondence concerning intelligence, information

sharing, and visa security clearances relating to terrorism, alien smuggling, travel
document fraud, and border security and controls, from 1995 to the present:
a. from the Secretary of State, the Deputy Secretary of State, or any Under Secretary
to counterparts at: the Department of Defense and its intelligence agencies; the
Director of Central Intelligence and the CIA; the Department of Justice and its
agencies; the Department of Homeland Security and its agencies; and the
Department of the Treasury and its agencies; and
b. from the Assistant Secretaries of INR, CA, and INL, and the Coordinator for
Counterterrorism (S/CT), to counterparts at the CIA, the Department of Defense
and its agencies, the Department of Justice and its agencies, the Department of the
Treasury and its agencies, and the Department of Homeland Security and its
agencies.

7. Congress. An index or indices of correspondence to or from Members of Congress

concerning border security and control in relation to terrorist entry, alien smuggling, or
travel document fraud (excluding correspondence exclusively about individual cases),
from 1995 to the present:
a. signed by the Secretary of State, Deputy Secretary of State, or any Under Secretary;
DOS Document Request No. 4
Page 3

b. signed by the Assistant Secretary for Consular Affairs; or

c. signed by the Assistant Secretary for Legislative Affairs.

8. Congressionally Required Reports.

a. A list of reports prepared for Congress that are required by statutes, or by
conference or committee reports, addressing border security or control matters
(including visas and passports, arid handling of refugees/asylees) that relate to
terrorist entry, alien smuggling, and travel document fraud (classified and
unclassified), from 1995 to the present; and
b. Copies of the congressionally required reports concerning denials of visas on
terrorism/security grounds, including any classified supplements with
individualized information.

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

10. Refugee/Asylee Security Review Process. Documents sufficient to describe:

a. the security review and clearance process for asylees and refugees from 1998
through September 11,2001;
b. new security requirements in the immigration process for refugees and asylees
imposed since September 11,2001;
c. the number of asylee and refugee applicants and the number who have been barred
on terrorist-related grounds from 2000 to the present; and
d. the number of asylee and refugee applicants for whom security reviews are
currently pending. '

11. Watchlists. Agreements among DOS and other government agencies regarding
information sharing on terrorist watchlists, from 1991 through 2003.

12. Alien Smuggling. Intelligence assessments prepared by INR that linked alien
smuggling, migration, or transnational refugee and asylee movements with terrorists,
from 1996 through 2003.

13. TIPOFF. The following information on the TIPOFF program:

a. the number of entries in TIPOFF by year, from its inception as a computerized
system to the present, with 6 month total numbers for 2001,2002, and 2003;
b. the total number of entries submitted by source agency, by year, from 1998 to the
present;
c. the total number of true hits (matches of visa applicants and watchlisted
individuals) identified for years 1993 through 2003, the number of visas denied
based on these matches, and the reasons for these denials; and
9/11 Closed by Statute

DOS Document Request No. 4

Page 4

d. the TIPQFF entries d 1

| | for all TIPOFF true hits for Islamic extremist terrorists generally,
and al Qa'ida specifically, from 1993 to the present, indicating those to whom visas
were issued or denied, or issued through a waiver of ineligibility, and the post of
application.

14. Supplemental clearances.

a. documents (classified and unclassified) stating the legal authority, requirements and
procedures for the supplemental visa clearance processes (a) for males of specified
countries and age groups, instituted after September 11, 2001, and (b) for sensitive
technology-related visas;
b. the number of clearances sought through each process to date;
c. the number of individuals found ineligible or to whom a visa was denied through -
each process, who were not already listed in TIPOFF, by agency providing the
clearance or derogatory information;
d. for those denied, the names, aliases, dates of birth, countries of origin and
nationality, passport number, visa classification, date and place of issue, and the
reasons for the denials, with an indication of which clearance process resulted in the
bar and/or whether a waiver of ineligibility was sought or obtained; and
e. memoranda reporting on the evaluation and associated recommendations
concerning the supplemental visa security review process instituted after September
11,2001, and still in effect.

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

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

17. IOM. Documents sufficient to describe U.S. positions on any discussions in the
International Organization for Migration concerning terrorist mobility, from 1998
\h 2003.

18. Diversity Program. Any memoranda or telegrams concerning the relationship between
fraud or other vulnerabilities in the Diversity Program and terrorist entry to the U.S.,
from 1998 to the present.

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

present.
DOS Document Request No. 4
PageS

20. Annual Post Fraud Reports. Annual reports on fraud in the visa process sent from
Berlin, Abu Dhabi, Dubai, Jeddah, Riyadh, Karachi, Islamabad, Cairo, Amman, Ankara
and Istanbul from 1998 to the present.

21. Diplomatic Security and/or Consular Affairs.

a. copies of Diplomatic Security or Consular Affairs alerts issued from 1998 to the
present concerning passport and visa fraud, including alerts concerning access by
terrorists to blank passports or fraudulent visas;
b. an index of reviews carried out by Consular Management Assessment Teams or
their predecessors to assess post consular vulnerabilities, 1998 to present;
c. Diplomatic Security reporting relating to Islamic extremist terrorist threats against
individuals, groups or sites in the United States sent to Washington by the field,
from August 7,1998 through September 11,2001;
d. copies of foreign airport in-transit reports of Islamic extremist terrorists
apprehended with fraudulent travel documents, from 1998 to the present;
e. analytic products that discuss the use of fraudulently obtained birth records and
drivers licenses in acquiring visas and passports, from 1998 to the present;
f. analytic products that discuss the link between passport and visa fraud and terrorist
entry to the U.S.; j
g. annual arrests, referrals for prosecution (federal or state), declinations, and case
results, resulting from investigations of passport and visa fraud, noting any
involving Islamic extremists, from 1998 to the present; and
h. information concerning Diplomatic Security's current mission with respect to
preventing terrorist entry to the U.S. and resources dedicated to it.

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

23. Ambassador, DCM, and Principal Officers. Provide the names of the Ambassadors or
charge d'affaires, the Deputy Chiefs of Mission, the Principal Officers and the Consular
Section Chiefs for the period January 1,1999 through the present, for posts in Egypt,
Saudi Arabia, United Arab Emirates, Pakistan, and Germany.
DOS Document Request No. 4
Page 6

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

July 25,2003 Daniel Marcus

General Counsel
 WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Memorial Commissions

SERIES: 9/11 Commission Team 5, FRC Box 23
NND PROJECT NUMBER: 51095 FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004 FOLDER: 0008 TAB: 4 DOC ID: 31194386

COPIES: 1 PAGES: 23

ACCESS RESTRICTED
The item identified below has been withdrawn from this file:

FOLDER TITLE: CIA/State documents re Blind Sheikh 1 of 3

DOCUMENT DATE: DOCUMENT TYPE: Cable

FROM:

TO:

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

This document has been withdrawn for the following reason(s):

9/11 Classified Information

WITHDRAWAL NOTICE
 Current Class: UNCLASSIFIED tfo 1 Oil? Page: l
Current Handling: n/a
Document Number: 1990KHARTO12626 Channel: n/a

UNCLASSIFIED

PAGE 01 KHARTO 12626 041042Z

ACTION VO-06 V X
INFO LOG-00 ADS-00 AF-01 AMAD-01 CA-02 CIAE-00 DODE-00
DS-01 INRE-00 INR-05 NSAE-00 SCT-03 /019W
-------- ....... --- 25DOD7 041042Z /38
P 041043Z DEC 90
FM AMEMBASSY KHARTOUM
TO SECSTATE WASHDC PRIORITY 8074

UNCLAS KHARTOUM 12626

FOR CA/VO/L/C:I

E.G. 12356: N/A /

TAGS: CVIS, PTER, EG (ABDEL RAHMAN, OMAR AHMED ALL)
SUBJ: REQUEST FOR ASSISTANCE /

REP: (A) VICTARS 120891 (B) STATE 402128 AND /

PREVIOUS /

MATERIALS REQUESTED IN REFTEL B WERE FORWARDED VIA

REGULAR MAIL HAND CARRIED TO THE UNITED STATES ON
NOVEMBER 28. THEY WERE ADDRESSED TO AF/E: | |
FOR HANDLING. /

UNCLASSIFIED

NNNN

9/11 Personal Privacy

Current Class: UNCLASSIFIED Page: 1

9/11 Personal Privacy

Current Class: UNCLASSIFIED Page: 1

Current Handling: n/a
Document Number: 1990STATE401142 Channel: n/a

UNCLASSIFIED

PAGE 01 STATE 401142 280243Z

ORIGIN VO-06

INFO LOG-00
0 ADS-00 CA-02 CIAE-00 DODE-00 DS-01 INRE-OO
INR-05
5 INSE-00 L-03 NBA- 01 NSAE-00 SCT-03 /021R

DRAFTED BY:
APPROVED BY:

•22639B 280243Z /38

O 280242Z NOV 90
FM SECSTATE WASHDC
TO USINS WASHDC IMMEDIATE

UNCLAS STATE 401142

VISAS; FOR INS/COINS AND INS/COINT

E.G. 12356: N/A

TAGS: CVIS, PINS, PTER, EG (ABDEL RAHMAN, OMAR AHMED
ALI)

VISA REVOCATION

REF: A) VICTARS 120891 B) CAIRO 22795 AND PREVIOUS

(NOTAL)

1. THIS IS TO ADVISE THAT ON26 NOVEMBER 1990 THE

UNCLASSIFIED

UNCLASSIFIED

PAGE 02 STATE 401142 280243Z

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

2. EX 0 THE CERTIFICATE OF REVOCATION.

QUOTE. NOVEMBER 26, 1990 CERTIFICATE OF REVOCATION

THIS IS TO CERTIFY THAT I, THE UNDERSIGNED DEPUTY
ASSISTANT SECRETARY OF STATE FOR VISA SERVICES, ACTING
IN PURSUANCE OF THE AUTHORITY CONFERRED BY SECTION 221
(LITTLE I) OF THE IMMIGRATION AND NATIONALITY ACT (8

Current Class: UNCLASSIFIED Page: 1

 Current Class: UNCLASSIFIED Page: 2
Current Handling: n/a
Document Number: 1990STATE401142 Channel: n/a

U.S.C. 1201 (LITTLE I)), BY DELEGATION OF AUTHORITY

NUMBER 74 AND BY REDELEGATION OF AUTHORITY NUMBER
74-3-A, HEREBY REVOKE ANY AND ALL CURRENTLY VALID
NONIMMIGRANT VISAS ISSUED TO MR. OMAR ALI ABDEL RAHMAN,
BORN MAY 3, 1938, IN EGYPT. THIS ACTION SHALL TAKE
EFFECT IMMEDIATELY. (SIGNED) JOHN H. ADAMS UNQUOTE.

3. CA/VO WILL FORWARD A COPY OF THE SIGNED CERTIFICATE

OF REVOCATION. PLEASE INFORM ALL CARRIERS AND PORTS OF
ENTRY OF THE REVOCATION. DEPT. UNDERSTANDS THAT THE
SPELLING ON HIS EGYPTIAN PASSPORT IS ABDEL RAHMAN. AS
IDENTIFICATION, HE IS BLIND AND WALKS WITH A LIMP. HE
IS NOT PRESUMED TO SPEAK ENGLISH. MOST PROBABLE US
PORTS OF ENTRY ARE JFK AND NEWARK AIRPORTS.

4. ABDEL RAHMAN IS LISTED IN AVLOS AS A 77 ENTRY FROM

CAIRO. DEPT. WILL ENTER HIM AS A 00 AND REQUESTS INS TO
MAKE THE APPROPRIATE ENTRIES IN NAILS. BAKER

UNCLASSIFIED

UNCLASSIFIED

PAGE 03 STATE 401142 280243Z

UNCLASSIFIED

NNNN

Current Class: UNCLASSIFIED Page: 2

 WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Memorial Commissions

SERIES: 9/11 Commission Team 5, FRC Box 23
NND PROJECT NUMBER: 51095 FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004 FOLDER: 0008 TAB: 4 DOC ID: 31194386

COPIES: 1 PAGES: 26

ACCESS RESTRICTED
The item identified below has been withdrawn from this file:

FOLDER TITLE: CIA/State documents re Blind Sheikh 1 of 3

DOCUMENT DATE: DOCUMENT TYPE: Cable

FROM:

TO:

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

This document has been withdrawn for the following reason(s):

9/11 Classified Information

WITHDRAWAL NOTICE