T5 B59 DOS Docs- NIV 3 of 5 Fdr- Entire Contents- Doc Request Responses- Memos- Letters- Reports-...

8/14/2019 T5 B59 DOS Docs- NIV 3 of 5 Fdr- Entire Contents- Doc Request Responses- Memos- Letters- Reports- Withdrawal Notices

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WITHDRAWAL NOTICERG: 148 Exposition, Anniversary, and Mem orial Comm issionsSERIES: 9/11 Comm ission, Team 5

NND PROJECT NUM BER: 51630 FOIA CASE NUM BER: 30768WITHDRAWAL DATE: 09/24/2008

BOX: 00025 FOLDER : 0003 TAB: 28 DOC ID: 31198794COPIES: 1 PAGES: 7

The item identified below has been withdrawn from this file:FOLDER TITLE: DOS Documents - NIV [3 of 5]DOCUMENT DAT E: 04/23/2004 DO CUM ENT TYPE: MemorandumFROM:TO: Daniel MarcusSUBJECT: Request for Docs. No 15, Refusal Statistics

This document has been withdrawn for the follow ing reason(s):9/11 Closed by Statute


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fifiFWT United States Secret ServiceOffice of InvestigationsForensic Services DivisionQuestioned Document BranchOct o b er 10 , 2001

Federa l B u r e a u of I n v e s t i g a t i o n - Laboratory D i v i s i o nS ubje c t : Case No,Type of Examinat ion- . ,u .P hy s i ca l E x a m i n a t i o n

, 75_g65_487yoX-Rcf ^924007

R e f e r e n c e i s m a d e to your Forens ic Science Res ea r ch R e q u e s t , d a t e d S e p t e m b e r 26 , 2 0 0 1 .E X H I B I T :Q l O n e (1 ) p h o t o i den t i f i ca t i o n card w r i t t en i n Ar abi c be a r i ng th e t i t l e "S a u d i U n i v e r s i ty "

descr ibed a s i tem Q568. This card w a s f o u n d i n t h e Pe n t ago n r u b b l e p i l e .

R E Q U E S T :E x a m i n e E x h i b i t Ql to d e t e r m i n e th e o r i g i n o f t h e ca r d .R E S U L T S O F E X A M I N A T I O N :P h y s i c a l e x a m i n a t i o n s w e r e c o n d u c t e d o n t h e q u e s t i o n e d i d e n t i f i c a t i o n card ( E x h i b i t Q l ) . T h e r e u e u -n o co m p a r a b le s t a n da r ds a v a i l a b le for co m p a r i s o n o f t h e i den t i f i ca t i o n ca r d ; t he r e f o r e th e a u t h e n t i c i t yo f t h e i d e n t i f i c a t i o n card could no t be d e t er m i n e d . T h e card w a s p r o d u c e d by a c o m b i n a t i o n ofp ho to g r a p hy a n d of f set l i thograph y . T his d o c u m e n t w h e n e x pose d to u l t r a v i o l e t r a d i a t i o n d i s p l a y s t h eword "Polaroid" w h i c h f luoresces in a hor i / .onta! and ver t ica l pa t tern . T h e type of f i l m t h a t c o n t a i n st h i s feature is the P o la r o i d P o la r co lo r 1 0 0 or 669 ID U l t r a v i o l e t f i l m . T h i s f i l m i s s o ld w o r l d w i d e a s 1r e l a t i v e l y low s ecu r i ty , g en er i c , I d e n t i f i c a t i o n card product . T h e e q u i p m e n t u s ed to p r o d u c e s u c h aphotograph i s th e Polaroid LD2, ID3, ID4 . or ID 100 c a m e ra . A ll t hes e ca m er a s u t i l i x c a V a l i d a t i o nP l a t e t h a t f i t s i n s i de t he c a m e r a to provide the layout , header and add a l aye r of s e c u r i t y to t he sys temT h e d e m o g r a p h ic d a t a is then p r i n ted o n a paper card m e d i a & inser ted i n t o t h e c a m e r a . T h e IDd o c u m e n t i s t hen d ie cut and heat sealed i n to a p l a s t i c p o u ch . I t s ho u ld b e n o ted t ha t i f o n e ha d aa.cssto the c a m e r a an d a v a l i d a t i o n p l a t e , o n e c o u l d m o d i f y an d o r u l i l i / . c th e sys tem to m a k e o t h e ri d e n t i f i c a t i o n d o c u m e n t s . T h e s e types of cam eras a rc a v a i l a b l e t h r o u g h P o l a r o i d a u t h o n / . e di d e n t i f i c a t i o n d e a l e r s w o r l d w i d e . I n c o n v e r s a t i o n s w i t h th e P o l a r o i d C o r p o r a t i o n , t h e i r e x p o r t s h a v ei n d i c a t e d t h a i i t i s u n u s u a l f o r t h e p h o t o g r a p h to o v e r l a p th e b i o g r a p h i c a l i n f o r m a t i o n a s i t docs on i h i -d o c u m e n t .


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File No. 175-865-48790Page 2 of 2

S t u d en t N u m b e r : 418009222N a t i o n a l i t y : S a u d iI de n t i t y N u m b e r : 2 1 8 5 0NOTE: Suspected to be a National ID numberDate and Origin : 1416/4/10NOTE: Assumed to be Dale an d Place of Issuance. The Place Nams is obscured. The I Jalaconverts to 6 September 1995.Blood Type: C H -S igna tu rc :NOTE: Signature is placed l e f t to the Blood Type and is obscuredN a m e : M A A . I 1 D M I S H A ' N G H A N I M M O W A Q A DIn the upper r ig ht quad rant ( jus t r ight of center ) i s a pr in ted s h ie ld f ea t u r i n g a Palm t ree abovecrossed swords above an open book, encircled by the words "King Saud Un iver s i t y" , both inEng l i sh an d Arab i c .T h e reverse s ide of t h e d o c u m e n t c o n t a i n s th e f o l l o w i n g t ex t t r a n s l a t e d from A r a b i c to E n g l i s hImpor t an t i n s t ruc t i ons for the cardho lder

This card shou ld be submitted to the proper au t h o r i t i e s u p o n r e q u e s t This card cannot be used by any other person . If th e card is los t , the proper au thor i t i es should b e not i f ied i n w r i t i n g Shou ld t he card be los t , i t should be announced in the U n i v e r s i t y Let ter or i n one of the

loca l n e w s p a p e r s . Th e card i s cons i de red Can ce l l ed i f i t i s p u n c h e d .

D I S P O S I T I O N O F E V I D E N C E!'he E x h i b i t i s being returned as reques ted . E x a m i n e d b y

Larry ! ' . S t e w a r tLa bora to ry Di re c to r


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REPORTUnited States Secret ServiceOffice of Investigations

Forensic Services DivisionQuestioned Document Branch

September 27 , 20010- Federal Bureau of Invest iga t ion - Labora tory Divis ionSubject: P E N T T B O M BType of Examination:physjcalExamnalion

Case No.: 175-865-48789X - R e f . 0 1 0 9 2 1 0 1 9

Reference i s m a d e to your Forens ic Sc.ence Resea r c h Request , da ted Se p t e m be r 26, 2 0 0 1 .E X H I B I T :Q l One (1 ) i d e n t i f i c a t i o n c a rd be a r ing the n a m e , "Sa lem A l h a z m i , " descr ibed a s item Q409 ,

c o l l e c t e d on 9 /21 /20 0 1 .R E Q U E S T :E x a m i n e Exh i b i t Ql to de t e rm ine the or ig in of the card .R E S U L T S O F E X A M I N A T I O N :F 'hys i ca l e xa m ina t ions were conduc ted on the quest ioned card (E x h i b i t Q l ) . Th e c a rd w a s p roduc e d bya c o m b i n a t i o n of two pr int in g processes , therm al d y e d i f fu s i o n a n d thermal mass t r a n s fe r . I t wasproduced by the U S A I U Systems, Incorpo ra ted, A t la nt a , Georgia (s inc e moved to M i a m i , F l o r i d a ) , onor a b o u t the 10 Ih of J u l y , 20 0 1 . The c a rd w a s i s sue d to "Salem A l h a / i n i " an d was orde re d t h rough n na f f i l i a t e in P a t t e r s o n , NJ on or about hi'.y 6. 2 0 0 1 - Cards f rom t h i s c o m p a n y a re u t i l i z e d asi d e n t i f i c a t i o n cards .DI SP OSI T I ON O F E V I D E N C E

T he E x h i b i t is b e i n g re turned as r eques ted . E x a m i n e d hy

^arryr". St e w a r tL ab or a to r y D i r ec to r


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REPORTUnited States Secret ServiceOffice of Investigations

Forensic Services DivisionQuestioned Document Branch

To :S e p t e m b e r 25, 2001

Fede ra l Bureau of I n v e s t i g a t i o n - L a b o r a t o ry D i v i s i o nSubjec t : P E N T T B O M BTy p e o f E x a m i n a t i o n : n, ,r . .n Ph ys i ca l E xa m i na t i on

Case No.: 175-865-48768X - R e f . 010919028

R e f e r e n c e i s m a d e t o yo u r Fo r e ns i c Sc ie nce Re s e a r ch Re q ue s t , d a t e d Se p t e mb e r 2 5 , 2 0 0 1 .E X H I B I T :Q l O n e ( 1 ) p a r t i a l i d en t i f i c a t i o n ca rd be a r in g the la s t nam e , " A l h a z m i , " desc r ibed a s i t em 1B -

4 L 3 , co l l e c t e d a t t h e P en t ag o n o n 9/16/2001.R E Q U E S T :E x a m i n e E x h i b i t Q l t o de t e rm ine t he or ig in of the c a rd .R E S U L T S O F E X A M I N A T I O N :P h y s ica l e x a m i n a t i o n s w e r e conduc t e d o n t h e que s t i one d car d ( E x h i b i t Q l ) . T h e ca r d w a s p r odu ce d bya com b i n a t i o n o f tw o p r i n t i ng pr oce s se s , t h e r ma l dye d i f f u s i o n a nd th e r m a l ma s s t r a n s f e r . I t w a sp r oduce d by the U S A I D Sys tems , Incorpora ted , A t lan ta , Georgia ( s ince m o v e d to M i a mi , F lo r i d a ) , o no r a b o u t th e 10 lh o f J u l y , 2 001 The card w a s i s s ue d to " N a w a f A l h a z m i " a n d w a s o rde r ed t h r o u g h a na f f i l i a t e i n P a t t e r s o n , N J o n o r a b o u t J u l y 6 , 20 0 1 . Ca r d s f r o m t h i s c o m p a n y a rc u t i h / . ed a si d e n t i f i c a t i o n cards .D I S P O S I T I O N O F E V I D E N C E

T h e E x h i b i t i s b e i n g r e t u rn e d a s r e que s t e d . E x a m i n e d b y

. Ste w a r tL a b o r a t o r y D i r e c t o r


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1/2DISTSTDDPEURHCAS/S

fire of tljr ttnrncu. (L 20530

17, 1995

The Honorable Warren ChristopherSecretary of StateWHS/ Washington, DCdsm 20530

Dear Mr. Secretary:This is in reply to the letter from then-Acting SecretaryStrobe Talbott in which he recommends that members of your staffmeet with Department of Justice staff concerning the nominationof Ireland for probationary status in the Visa Waiver PilotProgram (VWPP). We are pleased to concur with your suggestion.I have directed Doris Meissner, Commissioner of theImmigration and Naturalization Service, to have members of herstaff initiate discussions with your staff. Those discussionsmust account for the present policy, approved by the President,by which visas for members of Sein Fein and the Irish RepublicanArmy are issued subject to certain conditions. Under the VWPP,these conditions will have to be continued--presumably throughthe INS inspection process.Please be assured that I will ask Ms. Meissner to have herstaff continue to work closely with members of Ms. Ryan's staffon the issue and to continue their dialogue with Congress in thenew session.

Sincerely,

Janet Reno


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DEPARTMENT OF STATEEXECUTIVE SECRETARIAT

ACTION SUP

(Clas&i ficanon /Downgrader)ACTION ASSIGNED TO:

ACTION REQUESTED:

FORMAL STATE TO. .MEMOSTATE TRANSMTTTAL FORMTO NSC OVP AWITH DRAFT REPLY FOR SIGNATUREBY:WITH COMMENT/RECOMMENDATIONTRAVEL AUTHORIZATION

HIGH PRIORITY ITEM_ PREPARE A CROSS-HATCH CABLE REPLY

FOR PRESIDENT/VICE PRES. """"""_ SEND A COMEBACK COPY OF OUTGOINGr 7 STATE CABLE AND ORIGINAL WH/OVPL>CORRESPONDENCE UNDER COVER OF A~TRANSMrrTAL FORM.

_ 1 NO REPLY NECESSARY, RETURN OR1GI-/ NAL WH/OVP CORRESPONDENCE UN-

DER COVER OF A TRANSMJTTAL FORMWITH AN EXPLANATION IN REMARKSASTO WHY NO REPLY IS NECESSARY.

PROVIDE INFO COPY OF DIRECT REPLYON BEHALFOF. . ALONG WITH ORIGINALINCOMING WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMITTAL FORM.RECOMMENDATION FOR . UNDER COVER OF AN ACTION MEMO WITH REPLY FOR SIGNATURE.(FOR SCHEDULE ITEMS ONLY): RECOMMENDATION FO R _ _ACTION MEMO WITH REPLYFOR SIGNATURE. OR IF DECLINED:T)OFDIRECT REPLY ON BEHALF OFWITH REPLY FOR SIGNATURE BYPROVIDE INFOCOPY OF DIRECT REPLYTOS/S-S &.

UNDER COVER OF ANREPLY ON BEHALF

.FOR APPROPRIATE HANDLING

. FOR YOUR INFORMATION

REM A RKS /S P EC I A L INSTRUCTIONS:

CLEAR WITH:COPIES TO:

S* * ~ ^ ~ DONILON

S/S A

S/S-EX TPRXX


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( i D f f i r e of t t j e A t t o r n e y (gene ra l"Wa s h i n g t o n .B.0.20530 QJ _, \\O I

January 19, 1995

The Honorable Warren ChristopherSecretary of StateWashington, DC 20530Dear Mr. Secretary:

This is in reply to the letter from then-Acting SecretaryStrobe Talbott in which he recommends that we have Ms. Mary A.Ryan, Assistant Secretary for Consular Affairs, work closely withMs. Doris Meissner, Commissioner of the Immigration andNaturalization Service (INS), to resolve the issues related tosome countries having become ineligible to remain in the VisaWaiver Pilot Program (VWPP). I am happy to follow thatreconnnendat on.

While it is true that there are some concerns about theoverstay data maintained by the INS, the overstay rates forAustria and Italy are consistently higher than the othercountries in Che VWPP. The legislative proposals prepared byMs. Ryan's and Ms. Meissner's staff, in conjunction withinterested Congressional staff, would place into a probationaryperiod countries whose violation rates exceed 2 percent. If thecountries that fall into the probationary category fail tomaintain an acceptable rate of immigration violations during thefiscal year following probationary designation, they would beremoved from the VWPP.

Please be assured that I will ask Ms. Meissner to have herstaff continue to work closely with members of Ms. Ryan's staffon the issue and to continue their dialogue with Congress in thenew session.


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Department of StateOffice of the Secretary

Date:Direct/Through S/SActionDue:

Action Memo/RecommendationAction Memo/Reply for Secretary's SignatureDirect reply on behalf of S, with a comeback co pyf o r SFor H signature, w ith comeback copy for SProvide info copy to S StaffSpeaking request: for PA 's recomm endation/spin

Remarks:Anne Hall

Ext . 7-6822


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PRINCIPALS CHAWWEL 9502940

UNDER SECRETARY OF STATEFOR MANAGEMENT

WASHINGTON

msTPE February 16, 1995MG

N O T E TO THE S EC R ET A R YS/RPPJ W I- M r. Secretary,S/CTS/5 I thought you would find Mary Ryan's letter to Louis Freeh on theVisa W aiver Pilot Program interesting and informative. It is imperativethat we mainta in and work to expand, where possible, the VWPP.

Mary points out the many safeguards already in place to guardagainst misuse of the program. Because of these safeguards, bordersecurity is not threatened b y the VW PP. The pro gram continues to be^ an innovative and cooperative effort between th e Department and INS .I t saves us millions of dol lars a year in consular staffing costs and is a

true success story.

Richard M . Moose

cc: The Deputy SecretaryS/CT-Mr. W ilc o xINM-Mr. Gelbard


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DEPARTMENT OF STATEASSISTANT SECRETARY FOR CONSULAR AFFAIRS

WASHINGTON

Dear Mr. Freeh: J isi~^I r ea d with gr e a t interest your letter to DeputyAttorne y Gene ra l Gore lick, publishe d in the December 19

issue o f . Interpreter Releases. In that letter, you raisedconcer ns over the expansion of the Visa Wa ive r PilotProgram (VWPP). These concerns were based largely on theperception that criminals and ter ror ists might use VWPP toenter the United States.

The VWPP is one of th e r oost successful initiativesever undertaken by the Department of State and theU.S.Immigration a nd Natur a lization Service (INS). VWPP h a sbecome essential to the order ly tr a nsaction ofinternational business, and lit e r ally thousands ofU.S.businesses depend on it to facilitate the t r a v e l ofcustomers a nd suppliers. VWPP ha s also been critical toour compliance with the Administration's mandat es onreducing the size of the Department.

I firmly believe th at these benefits ha ve beenrealized with out compromising the security of ourborders. In cr e ating the VWPP, the D ep a rtm ent of Stateand INS included seve r al importa nt safe guar ds to protectagainst misuse of the progr am . Following ar e a few ofthose safe guar ds:

All VWPP travelers a r e subjected to the same namecheckat the port of entry a s visa applicants experience a tour consulates. The D ep a rtm ent sh a r es its lookoutinformation with INS, enabling its inspectors toidentify potentially ineligible applicants in the samemanner used by consular officers.


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- 2 -

The Department of State has undertaken a world-wideeffort to ensure that potential terrorists areincluded in the naroecheck data base. Each embassy hasa committee to determine which persons may be securityrisks, and all names are sent to the Department forreview and inclusion in the data base. Thisinformation is available to INS officers at ports ofentry as well as to consular officers in the field.VWPP countries must issue (or be implementing aprogram to issue) machine readable passports. Thisrequirement provides an important safeguard againstpassport alterations and photo substitutions.Not all countries which meet the basic VWPP criteriaare recommended by the Department for inclusion in theprogram. We car efu lly review each potentialnomination, looking at the country's citizenship laws,its potential links to groups unfriendly to U.S.security interests, and its own imm igra tio n controls.No country is recommended until all of these concernsare satisfied.The Department of State faces continued reductions inresources, including consular staffing. Allowing ourlowest-risk travelers to use the VWPP enables us to divertour consular resources to more in-depth screening ofapplicants who might pose a significant security risk.I share your concerns over the security of our

borders. I will continue to demand the highest standardsof review of all countries which might be nominated forparticipation in VWPP. I will also continue to monitorour procedures for screening visa applicants to ensurethat, whatever our resource co nst ra int s, security is neversacrificed in the visa adjudication process.

Mary A. Ry

- Mr. Richard M.


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ORIG LTR RECEIPTED TO MAIN JUSTICE BULIDINGCOPIES TO:5pDEI THESECRETARYOFSTATESS WASHINGTONsssE U R "95 A P R - 6 Pi :33CAcah April 6. 1995

Dear Madam Attorney General:Thank you for your letter of March 16 in which you outline

your concerns over the inclusion of Ireland in the Visa WaiverPilot Program (YWPP). Specifically, you seek confirmation thatindividuals who are ineligible for visas, including a number ofSinn Fein and IRA members, will continue to be required toapply for waivers of ineligibility prior to their travel to theUnited States.

Let me assure you that the Department of State shares yourconcerns. Travelers who have any statutory ineligibilities forvisas are required to obtain waivers in accordance with theprocedures set forth in your letter. We rigorously adhere tothis requirement in all cases.

With respect to the conditions placed on waivers forineligible Sinn Fein and Loyalist individuals, I continue torecommend that those individuals for whom we seek waivers begranted waivers expeditiously and with conditions equivalent tothose in force for Mr. Gerry Adams, president of Sinn Fein.Our recommendations will be given only for those individuals onboth sides who endorse the present ceasefire in NorthernIreland and who desire to travel to the United States with thegoal of furthering the peace process. It is important that theUnited States be seen as treating both communities equally, andthat uncertainties or seeming lack of timeliness in visa waiverissuance not undercut the effectiveness of the U.S. dialoguewith parties to the peace process in Northern Ireland.

In preparation for the inclusion of Ireland in vwpp. wehave compiled a list of all Irish citizens who are shown in ourcomputer data base as possibly ineligible for visas. We aremaking that entire list available to INS for its use at portsof entry. This will ensure that ineligible persons who mightattempt to travel on VWPP can be intercepted by INS.


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-2-

We are also actively publicizing the requirements forVWPP travel in Ireland. Our announcements remind travelersof the need to apply for waivers if they have any statutoryineligibilities for visas.

We believe this will meet all of your concerns andappreciate the efforts of the Department of Justice and INSin making the inclusion of Ireland a reality.

Sincerely,

Warren Christopher


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S/ES 200316281/14

United States Department of StateWashington, D.C. 20520September 3, 2003

UNCLASSIFIED when separated from attachments

MEMORANDUM FOR DANIEL MARCUSGENERAL COUNSEL

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATESSUBJECT: National Commission on Terrorist Attacks Upon the

United States Request for Documents Request No. 2

This is in response to the National Commission on TerroristAttacks Upon the United States' request for Department of Statedocuments.

Attached is the sixth installment of documents in responseto the Commission's Request No. 2, specifically items number 2-5, 11-14, 16 and 18, This installment consists primarily ofcables and memoranda.

Under Executive Order 12958, the Department of State maynot disseminate classified information outside the ExecutiveBranch except under conditions that ensure that afforded to suchinformation within the Executive Branch. We ask that onlyappropriate cleared members of staff be granted access to thematerial and that it be protected by applying standards at leastas stringent as E.G. 12958 on the handling of classifiedinformation.

Although some material is not classified, the designationas "Sensitive But Unclassified" requires special handling.Therefore we request that all of these documents be protectedfrom unauthorized disclosure.


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gseRETUNCLASSIFIED when separated from attachments

2We hope this information is useful to you. As always,please do not hesitate to contact us if you have further

questions.

Karl HofmannExecutive Secretary

Attachments:1. Documents Responsive to Request No. 2, specifically

questions number 2-5, 11-14, 16 and 18.2. Incoming request.


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United States Department of StateWashington , D.C. 20520(Allow room for date)

CLASSIFICATIONDECL: Date

MEMORANDUM FOR MR. TOM ELDRIDGENATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATESSUBJECT: Sample format

Memoranda must be neat. No strikeovers or tapeovers arepermitted. Use a Courier New 12 point font for Microsoft WORD.

Put drafting and clearing information on a separate page.Submit the original and four copies to S/ES-CR, Room 7241. Allowat least four lines between last paragraph and signature block.Center the signature block.

Karl HofmannExecutive SecretaryAttachments:

1. State Department Documents,2. Incoming memoranda


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9/11 CommissionSES #200317214/IPS #8200300005

SESCR00749 Documents


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WITHDRAWAL NOTICE

RG: 148 Expo sition, Anniversary, and M emorial Comm issionsSERIES: 9/11 Commission, Team 5

N N D PROJECT NUM BER: 51630 FOIA CASE NUM BER: 30768WITHDRAWAL DATE: 09/24/2008

BOX: 00025 FOLDER: 0003 TAB: 29 DOC ID: 31198795COPIES: 1 PAGES: 8

The item identified below has been withdrawn from this file:FOLDER TITLE: DOS Documents - N IV [3 of 5]DOCUMENT DATE: DOCU MEN T TYPE: IndexFROM:TO:SUBJECT: Index of Docs, to the C omm ission

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


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WITHDRAWAL NOTICERG: 148 Exposition, Anniversary, and Mem orial Comm issionsSERIES: 9/11 Commission, Team 5



ACCESS RESTRICTED_ ^ _ _ _ _ _ _ _ IThe item identified below has been w ithdrawn from this file:

FOLDER TITLE: DOS Documents - NIV [3 of 5]DOCUMENT DATE: 09/29/1994 DOCU MEN T TYPE: MemorandumFROM: TalbottTO: PanettaSUBJECT: W eekly Reprot from the D epartment of State

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


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WITHDRAWAL NOTICERG: 148 Exposition, Anniversary, and Mem orial Comm issionsSERIES: 9/11 Commission, Team 5

NN D PROJECT NU MB ER: 51630 FOIA CASE NUM BER: 30768WITHDRAWAL DATE: 09/24/2008


A C C E S SThe item identified below has been withdrawn from this file:

FOLDER TITLE: DOS Documents - NIV [3 of 5]DOCUMENT DATE: 09/30/1994 DOC UM ENT TYPE: MemorandumFROM: Richard MooseTO: SecretarySUBJECT: Memorandum for the Secretary

This document has been withdrawn for the follow ing reason(s):9/11 Classified Inform ation


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WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Mem orial Comm issionsSERIES: 9/11 Com mission, Team 5



_ACCESS RESTJUCTEDThe item identified below has been withdrawn from this file:

FOLDER TITLE: DOS Documents - N IV [3 of 5]DOCUMENT DAT E: 03/19/1996 DOC UM ENT TYPE: Mem orandumFROM: TalbotTO: SecretarySUBJEC T: Daily Activity Report

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


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INFORMATION MEMORANDUM *S/S '

Uni t ed States Department of StateWashington, D. C. 2052$June 3, 1991

9109975TO: D - Mr/. Eagleburger

\: M - Mr. Ivan SelinFROM: CA - James\L. Ward, ActingSUBJECT: Visa Waiv er rogram and ^Document Screening"

REF: Letter to you f\om Deputy Attorney General Barr

I have read the above-refereYiced proposal which seems tobe nothing more than a rehasrV. of where we were over amonth ago. It has been no better fleshed out ordocumented than it was earlier\d remains a patentlyobvious foot in the door for Justice for their largeprescreening progra ms overseas. \ do not know where thisproposal stands, but would like t q m a k e the followingcomments on behalf of the CA Bureati. Alt houg h AssistantSecretary Tamposi is presently abro\ on officialbusiness, I have discussed the proposal with her, and shefully concurs with the contents of th\ memorandum.

o The letter states that "In tnt course of thesediscussions our staff reached ^agreement inprinciple." I have attended, tto my knowledge,most of the meetings with INS and DOJ officialsas well as with NSC representatives. At no timewas there ever an agreement in principle on ourwilli ngne ss to accept document screening, or anyother program, in exchange for the qontinua tionand the expansion of the Visa Waiver\ Program .Our position has always been that theke twomatters are totally separate and shoulNj not be


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- 2 -

The letter states that it is "likely that an INSdocument screening presence at an overseasairport will have a sign ifi cant security benefitand will fill an important gap in our securitysystem." To date, in spite of repeatedrequests, the Department of Justice has neverdocumented the positive results of such documentscreening, even the temporary document screeningprogram that took place du ring the Gulf War. Asfar as any "important gap in our securitysystem" no such gap has ever been identified byour own DS or S/CT experts.We do not deny the usefulness of trainingairline personnel and foreign immigrationpersonnel. Our consu lar officer s overseas havebeen doing this on an ongoing basis for severalyears. It is by no means, however, full-timeemployment.The memorandum goes on to discuss the savin gs tothe government in the form of "detention andremoval costs of aliens claiming asylum".Although I do not pretend to have exact figuresin this area it would appear on an anecdotalbasis that the great bulk of it would be asyleescoming to the U.S. from such places as Haiti,Cuba, Nicaragua, El Salvador, Guatemala, etc.Few, if any, of these would-be asylees passthrough the major tourist destinations inWestern Europe where INS proposed to locate itsdocument screeners.The right of asylum is a long standing humanrights benefit which has a history of strongcongressional support. I seriously wonder ifthere wil l be fav orable congressional reaction


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- 3 -

Finally, in looking at this proposal from an overallmanag ement perspective, it is not only bureaucraticblackmail, it is simply not a good deal. While Consularoperations stand to benefit the most from expansion of theVisa Waiver Program, from an overall Departmentperspective, the fact is that in the countries to which weplan to expand the program we a ntici pate a net savings ofnot more than 7 officer positions and 12 to 14 FSNpositions. Compared to the 24 additional officerpositions that INS intends to place abroad, it is simplynot a rational trade-off from the management perspect ive.When you consider thi s as an opening wedge in INS'sattempt to get hundreds of inspectors overseas on theirambitious preinspection pr ogram , the amount of Stateresources tha t wi l l go into supporting a program of thismagnitude make this a very bad deal indeed.In conclusion, we should reject this pro pos al even if itmeans giving up our plans to expand the Visa Waive rProgram as Congress intended. CA does not take thisposition lightly, but considering the resource elementsinvolved, and also frankly looking at the sharp reductionsin consular and other services we are presently embarkingon in Western Europe, I believe this is the rationalanswer to the DOJ proposal.

S/S:Attached memo OBE'd by9110489 (PrincipalsChannel).

Wang 0045edraft: JWard; Robin


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DRAFT

The Honorable Lawrence 5. EagleburgerDeputy Secretary of StateDepartment of State2201 C Street, NWWashington, D.C. 20520

JDlj vlobU

Visa Waiver Program and Document ScreeningDear Larry:As you know, our staffs have been discussing a Justice Departmentpaper prepared for the National Security Council concerningState's proposal to expand the visa vaiver program and Justice'sinsistence that any such expansion be coupled with an overseasIKS presence for security purposes. I understand that in thecourse of these discussions our staffs reached agreement inprinciple, subject to our approval, on a resolution of thisnatter. This letter outlines Justice's proposal, consistent withour understanding of this agreement:1. Justice agrees to expansion of the visa waiver program to

the countries indicated in your January 28, 1991, letterthe Attorney General, with the exception of Qatar (whiledo not object to the inclusion of Australia, I understandthat they ere unli3cely to accept the necessary reciprocity).IKS will work with State to impleaent this expansionexpeditiously.2. State agrees in principle to support the creation of a pilotoverseas IKS document screening program. Justice, NSC,State and the appropriate Ambassadors will determine theprecise scope and location of the program based on.moreextensive discussions between our agencies. To begin thediscussions, Justice proposes a trial program involving 24inspectors stationed in five cities: 8 in London, 5 inFrankfurt, 4 in Rome, 4 in Amsterdam, and 3 in Brussels.1(Host governments would have to agree to the INS presence,

UO'OU/Ml


28/107

DRAFTpersonnel in detecting document fraud and doing securityscreening, would do spot checking of passengers anddocuments, and would coordinate with F A A and other DSGpersonnel on security matters overseas. They woulc". have laptop computers with access to information in the INS computersvstem, updated frequently. The document screeners wculdalso work with airport and host government personnel on theimplementation of APIS and efforts to eventually movetowards more automated security screening.When the details of the proposal for a particular countryare worked out/ State will send a cable to ths appropriateAmbassador recommending his or her approval and requestingassistance in negotiating the necessary agreements with thehost governments. State will work with the NSC, INS andJustice to finalize the details of the document screeningprogram as soon as possible. Experience with the documentscreening program would be evaluated after twelve monthsusing criteria for evaluation agreed to in advance by ouragencies. Expansion, reduction or modification of theprogram will be considered at that tina.

3. This agreement is without prejudice to either State's orJustice's position on pre-inspection. If we believe thereport on the London pre-inspection experiment warrants it,we will recommend that a pre-inspection program beimplemented in London, and perhaps elsewhere.

While it is difficult to predict with certainty the securitybenefits of document screening, based on INS experience t c d&tewe believe that it is likely that an INS document screeningpresence at overseas airports will have a significant securitybenefit and will fill an important gap in our security system.Prior experience with training airline personnel in detectingdocument fraud shows the benefits of a continuous, limited INSpresence to train new personnel (turnover rates are high), toprovide refresher and updated training, and ro keep the fraudissue high on the airlines' agenda. Moreover, a visible INSpresence in overseas airport can be expected to have a deterrenteffect preventing people from evan attempting to board planes.Finally, keeping these individuals out of the country haeprobably saved INS millions of dollars, since the detention andremoval costs for aliens claiming asylum average over $25,000each. These cost savings significantly exceed the extra costs, :


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DRAFTPlease let me know if you agree with the above points. If BO, wewill provide our concurrence in the visa waiver program expansionae set forth above.

Sincerely,

William P. Barr

06/10/1991 06/10/1991


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LSEIHMSelin, I v a n

D e p u t y S e c r e t a r y E a g l e b u r g e r s i g n e d a l e t t e r r e p l y i n g t o D e p u t yA t t o r n e y G e n e r a l B a r r ' s 5 / 31 l e t t e r r e g a r d i n g t he exp ansion of t h e . UisaW a i v e r P i l o t P r o g r a m ( U W P P ) a n d t h e . p r o p o s e d I N S d o c u m e n t s creeningp r o g r a m .


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NUMBER G I U E H TO S/S (DIANE) OU E R TH E PHON EFLIMSV TO S/S-IRM NODIS FILE

07/22/199306/11/1991


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nited States Department of StateWashington, D. C. 20520

P L-/ /INFORMATIONMEMORANDUM

S/SUNCLASSIFIED Q11A9SATO: D - Mr. Eagleburger >^ QCT-09 3: 8 PHTHROUGH: M - Ms. Jill E. Kent, ActingFROM: CA - Elizabeth M. TamposiSUBJECT: Expansion of the Visa Waiver Pilot Program and INSDocument Screening ProposalSUMMARY

On October 1, the expanded Visa Waiver Pilot Program wentinto effect with the addition of 13 countries to the 8 alreadyparticipating in the program. In exchange for the JusticeDepartment's agreement to expansion of the program, you agreedin principle to a limited pilot program for document screeningby INS officers at several hub airports in Europe. In July,Justice made an informal proposal for a document screeningprogram which raised a number of concerns on our part. Wecommunicated these concerns to Justice and they are revisingtheir proposal prior to its formal submission to the DepartmentDISCUSSION

On October 1, the visa Waiver Pilot Program (VWpp) wasexpanded from 8 to 2 1 participating countries with the additionof 13 new countries to the program. The new participants areAndorra, Austria, Belgium, Denmark, Finland, Iceland,Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, SanMarino and Spain. Orig inal participants are France, Germany,Italy, Japan, the Netherlands, Sweden, Switzerland and theUnited Kingdom.The VWPP permits travelers from these countries to enterthe United States for up to 90 days without a visa if thepurpose of the visit is tourism or business. The prog ramoriginally applied only to travelers arriving by air or sea.It was extended on July 18 to visitors entering the United


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- 2 -The program has beencountries ports of entry.

July 1988.)T h elimitation on the number of statistics are

h o w e v e t -leaves Greece, Portugalexcluded. Turkey jfj2r ;lBi refusal rates than is

h 1

in return for the

proposal for document our concerns about

testjustice also agreed that,ne slsbof the'reluT^-op r o g r am which ended in January .cooperation between State and INSat

implementing the agreed-upon "P"1e n concerned thatp5~screening p r o g r am as"^continued support o

the VWPP.


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- 3 -

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:RRGaiBle |/7/FMP:RRGairtleS/CT:FMo9jl7MtGWe l c h tlCA:JO'ConnellEUR/P:MJoyce (info)EA/RA:DShear (info)

v United Slates Departmentof btate_< * % ^&*%LL


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V 3VV, /1 n" 1&SZ}/

H A Y 1Dear M r . Blaz:

Thank you for your Ma r c h 17 letter to the Secretarya.ki5?support for the inclusion of Ta iw a n in theGu am Visa Waiver.

i - h m i a h the Department has some concerns regardingAlthough the u _ pa ^WaiveCr asyou know fromTaiwan's inclusion in t Consular Affairs '^n[orDlputy Ass^t^nt Secretary, K r .James L ward, we areSenior Depu cy h recommendations of theMigration and^aturalization Service (I NS) with respect tothis matter.

T appreciate the points you have raised on page two ofCorrespondence to the Secretary, and I am taking theyr forwarding a copy of your letter to officials at*

Gu am Visa wa j . v c i . t i -w-^^- . . . .decision is likely to be reached shortly.Sincerely,

Janet Hj. M u l l i n sAssistant SecretaryL e g i s l at i v e A f f a i r s

The H on ora bl eB en G a r r i d o Blaz,House of R e p r e s e n t a t i v e s


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Thank you for your March 17 letter to the Secretaryasking ?or his support for the inclusion of Taiwan in theGuam Visa Waiver.

Although the Departnent has some concerns regardingTaiwJn^linclusion in the Guam Visa waiver, a. you know fro.your recent meeting with the Bureau of Consular JffairsSenior Deputy Assistant Secretary, Mr. Jaaes L. Ward, we arenreoared to be quided by the recommendations of the?!igration and'Saturalization Service (INS) with respect tothis natter.

I appreciate the points you have raised on page two ofyour correspondence to the secretary, and I am taking theliberty of forwarding a copy of your letter to fficjai atINS so that they may be made a part of their deliberationson this matter. As you know, INS is compiling itsevaluation on the impact of the inclusion of Taiwan in theGuam Visa Waiver Program. We have been advised that a finaldecision is likely to be reached shortly.

Sincerely,

Janet G. Kullin sAssistant SecretaryLegisla tive A f f a i r s

The Ho n o r a b l eB e n G a r r i d o Blaz,House of R e p r e s e n t a t i v e s

03/17/82 15:12 *t202 225 0088

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GUAM ""**" ...3

C O M f f T T E E O N F O R B G N A f f A R S""

C o n g r e s s o f th e anted States' ftonst of H q n t s o i Q C t o t s. 2 0 5 1 5Rtt(Bnj7Z.73 Karcii 17, 1992 s a H 7 r O O M T T E E O N / 3 N 6

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The Honoratole Janes. A. Baker IIISecretary :U.S. Department of State2201 C Street, N.W.WashdLngton, D.C. 20520Dear Mr. Secretary:

I would like to enlist your support for the inclusion of theRepublic of China in the Guam visa waiver program. The visawaiver program for Guam allows aliens to visit Guam for fifteendays"or less for business or pleasure without a visa; Travellersto Guam under this program cannot travel onward to the unitedStates. This program has been in operation for several years andhas an outstanding record of success. It has contributed to theeconomic success of Guam through increased foreign investment inand travel to my District, while not compromising in any regardthe safety, welfare or security of the united States. The programcurrently encompasses the citizens of Japan, Hong Kong/ SouthKorea, Australia, New Zealand, Indonesia, Malaysia, severalEuropean countries and many Pacific island nations.

My effort to have Taiwan included on the list of countriesparticipating in the visa waiver program has led roe to meet withthe Department of State's Consular Affairs Office and theImmigration and Naturalization Service as well as Taiwan'sMinistry of Foreign Affairs here in Washington, Taipei and Guam.At this juncture, the sol remaining impediment to Taiwan'sinclusion in posed by the Anti-Fraud Unit with State's Consular


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U.S.PEPARTMENTOF STATEEXECUTIVESECRETARIAT

DATE: MAR-


40/107

S/S CONTROL NUMBER

ACTION ASSIGNED TO:

ACTION REQUESTED:STATE TO MEMO

PRESIDENTIALCONGRESSIONAL

HIGH PRIORITY ITEMSTATE TRANSMITTAL FORMTONSCS OVP

TRAVEL AUTHORIZATIONPROVIDE INFO COPY OFDIRECTREPLY

DIRECT REPLYON BEHALF ORWITH REPLY FOR SIGNATURE BY.RECOMMENDATION FOR

WITH DRAFT REPLY FOR SIGNATUREBY:WITH COMMENT/RECOMMENDATIONIF NO SIGNED ORIGINAL IS NECESSARY.PREPARE CROSS-HATCH CABLE.AFTER CROSS-HATCHING. SEND ACOMEBACK COPY OF OUTGOING STATE CABLEAND ORIGINAL WH CORRESPONDENCE.UNDER COVEROF TRANSMITTAL FORM.IF NO REPLY IS NECESSARY. RETURNORIGINAL WH CORRESPONDENCE UNDERCOVER OF A TRANSMITTAL FORM.PROVIDE COMEBACKFOR

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ongras of the Hinted States_ _ C O U M T T K C K K T B F B O RHOUSE Of TUilLUtlliatiDCS A N D M S l L A R A f F V U R SQMiULDMaSITESM ^ B0BTM>H17 1992'

The Honorable James A. Baker IIISecretaryU.S. Department of State2201 C Street, N.W.Washington, D.c. 20520Dear Mr. Secretary:

I would like to enlist your support for the inclusion of theRepublic of CT-n'na in the Guam visa waiver program. The visawaiver program for Guam allows aliens to visit Guam for fifteendays or less for business or pleasure without a visa. Travellersto Guam under this program cannot travel onward to the UnitedStates. This program has been in operation for several years andhas an outstanding record of success. It has contributed to theeconomic success of Guam through increased foreign investment inand travel to my District, while not compromising in any regardthe safety, welfare or security of the United States. Th programcurrently encompasses the citizens of Japan, Hong Kong, SouthKorea, Australia, New Zealand, Indonesia, Malaysia, severalEuropean countries and many Pacific island nations.My effort to have Taiwan included on the list of countriesparticipating in the visa waiver program has led me to meet withthe Department of State's Consular Affairs Office and theImmigration and Naturalization Service as well as Taiwan'sMinistry of Foreign Affairs here in Washington, Taipei and Guam.

At this juncture, the sole remaining impediment to Taiwan'sinclusion imposed by the Anti-Fraud Unit with State's Consular 03/25/02 13:32 TT202 225 0086 CONG . BLA.Z B J 0 0 3

- TUB visa, waiver could be applied solely to flights originating


42/107

out of the Republic of China. This would eliminate thepossibility that non-Taiwanese citizens could use counterfeit orstolen Taiwanese passport* to enter Guam from_Hong Kong, Japan,South Korea or any other country. Although this boa not been donein the past, neither the lav nor the regulations prevent it. Ithas the added advantage of flexibility to meet the problem atminimal cost to the United States and the airline*.

As a condition to Taiwan's participation, the United Statescould require that Taiwan screen all passports of passengersdeparting from Taiwan for Guam prior to departure to ensure thatonly valid Taiwanese passports are nonored. This could include arequirement that Taiwan screen the passports of transit passengersen route from elsewhere to Guam via Taiwan. To the extent thatTaiwan's current screening procedures are not adequate to preventthe use of invalid passports, the United States could requiresufficient improvements as a prerequisite to participation. It ismy impression that Taiwan will do all that is required to assuageany concerns that the United States may have.

The operating tariffs for all airlines serving Guam could beamended to reflect the safeguards outlined above. Althoughcurrent policy militates against requiring airlines to assume ashare of the risk associated with asylum claimants, I believe thatthis policy does not square with the circumstances surroundingGuam's visa waiver program. Guam is firmly centered in the-Asianair traffic market - the world's most dynamic and profitable.Guam's unique position in this regard argues for a differentpolicy in favor of shared private and public responsibility.Taiwan's assistance in this regard cannot be discounted.

Guam's successful trade record with regard to the visa waiverprogram argues in favor of its continued expansion. Although theproblem of asylum seekers from the People's Republic of ChIna isserious, it is not insurmountable and can be met with appropriateprecautions. Taiwan's problem with passports stems from thepolitical uncertainties in the People's Republic of China coupledwith its proximity to south China. By limiting the availabilityof "Hi visa waiver to. a strictly controlled point of origin andcoupling it with sufficient fiscal protections, the United Statescan be provided with the security it requires while allowing Guamroom to grow.

Mr. Secretary, Guam can be the linchpin to America's presencein the Pacific, a model for this still troubled region. It is inrecognition of this potential that I seek your assistance.

-V3. DEPARTMENT OF STATE. EXECUTIVE SECRET ARIAT

DATE:DATEDUEINS^BYS/SCONTROL NUMBER


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ACTION REQUESTED:STATETO MEMO

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47/107

stolen Taiwanese passports to enter Guam from Hong Kong, Japan,South Korea or any other country. Although this has not been donein the past, neither the law nor the regulations- prevent it. Ithas the added advantage of flexibility to meet the problem atminimal cost to the United States and the airlines.

As a condition to Taiwan's participation, the United Statescould require that Taiwan screen all passports of passengersdeparting from Taiwan for Guam prior to departure to ensure thatonly valid Taiwanese passports are honored. This could include arequirement that Taiwan screen the passports of transit passengersen route from elsewhere to Guam via Taiwan. To the extent thatTaiwan's current screening procedures are not adequate to preventthe use of invalid passports, the United States could requiresufficient improvements as a prerequisite to participation. It ismy impression that Taiwan will do all that is required to assuageany concerns that the United States may have.

The operating tariffs for all airlines serving Guam could beamended to reflect the safeguards outlined above. Althoughcurrent policy militates against requiring airlines to assume ashare of the risk associated with asylum claimants, I believe thatthis policy does not square with the circumstances surroundingGuam's visa waiver program. Guam is firmly centered in the Asianair traffic market - the world's most dynamic and profitable.Guam's unique position in this regard argues for a differentpolicy in favor of shared private and public responsibility.Taiwan's assistance in this regard cannot be discounted.

Guam's successful track record with regard to *the visa waiverprogram argues in favor of its continued expansion. Although theproblem of asylum seekers from the People's Republic of China isserious, it is not insurmountable and can be met with appropriateprecautions. Taiwan's problem with passports stems from thepolitical uncertainties in the People's Republic of China coupledwith its proximity to south China. By limiting the availabilityof the visa waiver to a strictly controlled point of origin andcoupling it with sufficient fiscal protections, the United Statescan be provided with the security it requires while allowing Guamroom to grow.

Mr. Secretary, Guam can be the linchpin to America's presencein the Pacific, a model for this still troubled region. It is inrecognition of this potential that I seek your assistance.Sincere 1

DEPARTMENT OF STATEEXECUTIVESECRETARIAT

ACTION SLIP

DATE:.DATEINS7SBY:

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April 18, 1994

The Honorable Warren M. ChristopherSecretary of State of the United StatesDepartment of State2201 C Street, NWWashington, D.C. 20520Dear Mr. Secretary:

I have the honor to tra nsm it herewith SenateResolution No. 205, S.D. 1, which was this day adoptedby the Senate of the Seventeenth Legislature of theState of Hawaii, Regular Session of1994.

T. David Woo, Jr.Clerk of the Senate

Enclosure


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STANDING NOHonolulu,, Hawaii '- -

APR 15 W , 1994

Honorable Norman Miz ugu chiPresident of the SenateSeventeenth State Leg isl atu reRegular Session of 1934State of HawaiiSir:

RE: S.R. No. 205Your Committees on Tourism and Recreation and Judiciary, to

which was ref err ed S.R. No. 205 entitled:"SENATE RESOLUTION REQUESTING ESTABLISHMENT OF A VISA WAIVERPROGRAM FOR HAWAII SIMILAR TO THAT WHICH PERTAINS TO ALIENSENTERING GUAM,"

beg leave to report as follows:The purpose of thi s Resolution is to request the Hawaii'sAttorney General to establish a visa waiver program for Hawaiisimilar to that which pertains to aliens entering Guam.Your Committees find that present federal law p r o h i b i t scertain Asian visito rs to enter Hawaii withou t a visa, whereasthese same vi sit ors may enter Guam without a visa. YourCommittees further find that the visa waiver program op erat ing inGuam could easily be implemented in Hawaii and thereby encouragecertain foreign travellers to visit H a w a i i .Testimony in support of this measure was s u b m i t t e d by theDepartment of Business, Economic Development, and Tourism and the

Hawaii Visitor s Bureau.Your Committees have amended this Resolution by indicatingthat the target groups to re cei ve vi sa wa iv er s would beSingaporeans and Malay sians .


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STANDING COMMITTEE REPORT NO.Page 2

herein, and recommend its adoption in the form attached hereto asS.R. No. 205, S.D. 1.

COMMITTEE ON JUDICIARY

REY OR&ULTY,

MATT MATSUNAGA', Vice QKfeir

ROSALYN &&KER, Member

THONY y f . 'U. CHANG, M^Thber

E, Member

ANN KOBAYASHr> Member

Respectfully submitted,COMMITTEE ON TOURISM ANDRECREATION

JOE TANAKA,

MALAMA SOLOMON, Vice Chair

LEHUA FERNANDES SALLING,Menber

MILTON HOLT, Member

DONNA R. IKEDA, Member

STANDING COMMITTEE REPORT NO.


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Page 3

TSUURA, Member BERTRAND KOBAYASHffJ Member

STAN KOKI, Member T5ENNIS M . NAKASATO, Member

MARY

rTHE SENATESEVENTEENTH LEGISLATURE, 1994

S.R.NO. 205S.D. 1


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STATE OF HAWAII

SENATE RESOLUTIONREQUESTING ESTABLISHMENT OF A VISA WAIVER PROGRAM FOR HAWAII

SIMILAR TO THAT WHICH PERTAINS TO ALIENS ENTERING GUAM.

1234567891011

1213141516171819202122232425262728293031323334

WHEREAS, obtaining a visa to visit Hawaii is a majorimpediment to visitation by alien tourists; andWHEREAS, a program of visa waiver for tourists visi tingHawaii sim il ar to that which pert ains to Guam (Sec. 14 ,P.L. 99-396) could result in a very large increase in touristarrivals in Hawaii; andWHEREAS, the waiv er program in effect for Guam provid esthat no visa is required of an alien visiting for business orpleasure for a period not to exceed fiftee n days and having a

round trip non-refundable non-transferable airline ticket; andWHEREAS, Unite d States Senator Dan iel Akak a hasintroduced legislation in Congress to pr ov id e for such a visawaiver program specifically for Singaporeans and Malay siansvisiting Hawaii; now, therefore,BE IT RESOLVED by the Senate of the SeventeenthLegislature of the State of Hawaii, Regular Session of 1994,

that the Attorney General is requested to undertake a projecttogether with the Director of Business, Economic Deve lopm ent,and Tourism, Hawaii's Congressional Delegation, releva nt stateand federal legislative committees, the United StatesDepartment of State, the tourist industry, and organizationsand individuals active in the field of federal Immigration lawand policy, to establish a visa waiver progra m for Hawaiisimilar to that which pertains to aliens entering Guam; andBE IT FURTHER RESOLVED that the Att orne y General is

requested to report to the Legislature, no later than twen tydays prior to the convening of the 1995 Regular Session, onprogress made purs uant to this Resolution; and

7/m:CABLE SENT TO SUO AT 52:QO HRS/DEEORIG ACTMEM TO OISCOPIES TO: - ~S-2DONILON

. .United States Department of M a t e


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D-2PT LIMITED OFFICIALECM ACTION MEMORANDUM

-1DWashington-. D. C. 2052O'93 til 14 ^,1:18

July 7, 1993^

S/PS/S-2S/S-S DI%0.E U RCA T H R O U G H :HRF/baa E U R :

SUBJECT:

1s / sThe SecretaryP - Mr. Tarnoff *EUR - Alexander Vershbow, Acting /rCA - Mary A. Ryap * Response to FM Durao Barroso's request thatPortugal be included in the visa waive r program

During his meeting wit h you inForeign Minister Durao Barr e"included in the visa waive rf^ V I 3 IIJasked that June 10, Portuguesehis country beagreed to look into

the issue and to respondThe GOP has raised this issue wit h us on several occasions,most recently duri ng the seventh round of Lajes base talks in...Lisbon on June 25. The Portuguese negotiator repeated the GOPcase along fam ili ar lines and said that, in addition to localpublic opinion, the foreign minister was taking a personalinterest in this m atter, while we would like to be supp ortive ,we cannot offer a po siti ve response since the visa refusal rate

in Portugal which has declined sharply recently -- stillcontinue s to be above that ma ndat ed by law. The refusal ratein Portugal is appr oxim ately 4.6 percent versus the mandatedmaximum of 2 percent.The at tached letter to Durao Ba rr oso states that we aresympathetic to Portugal's request but that our flexibility isconstrained by legislative requirements. We have also takenthis opportunity to comment on Lajes base ta lk s.

RECOMMENDATIONThat youMinister Dur *prove the attached message to Portugese ForeignBaijoso.

S.R. NO. 205S.D. 1


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1 BE IT FURTHER RESOLVED that certified copies of this2 Resolution be transmitted to the Att orne y General, each member3 of Hawaii's Congressional Delegation, the Secretary of State of4 the United States, the Director of Business, Economic5 Development, and Tourism , and the Preside nt of the Hawaii6 Visitors Bureau.

I hereby certi fy that th foregoing if a n d c ^ r . c r * c o r y o' Senate Reso lu t ion No.2-QJJSD1which w*i d*ily a d o p t e d by.the Snjte of th S t a t e... .. 4-18-9^of nwn on


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Art ion memo to thf Secretary: Message tQ Portugal's FM

Dr a f . ted :EUR/WE:NAhmed ' < - ' -SEWE-10825 7-1419 7/1/93

C lea red:EUR:JBindenage1CA /VO : JGarner.^ (jH : D C u r r a n

O U T G O I N G T E L E G R A MD E P A R T M E N T O F S T A T E


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L I H I T E D O F F I C I A L U S E

E U R / U E : N H M E D , C A / V O : J G A R N E R : N A07/01 /^3 7-1 M11 S E U E 1 D S M 7T H E S E C R E T A R YE U R : A V E R S H B O k 1 C A : M A R Y 4 NH : D C U R R A N " S / S : R L U l L S O NS / S - 0 : S E I S E N B R A U N

P R I O R I T Y L I S B O NR O U T I N E P O N T A D E L C . A D A . S E C f E F

E - 0 . l E 3 5 b : N / AT A G S : C V I S , P R E L , P OS U B J E C T : H E S S A G E F R O T , T H E S t C R E T t R I T O F H T U R A C B A R R O S OR E F : S E C T O 1 1 D E H1 - E M B A S S Y L I S B O N S H O U L D D E L I V E R H E S S A G C I N P A R A HT H E S E C R E T A R Y T O F O R E I G N M I N I S T E R D U R i C B i R R O S O A T T H EE A R L I E S T O P P O R T U N I T Y . T H E R E W I L L B E N O / N O S I G N E D O R I G I N A L2 - B E G I N T E X T :D E A R M R . M I N I S T E R :I T W A S A P L E A S U R E T O M E E T W I T H Y O U I N A T H E N S R E C E N T L Y A N DI A P P R E C I A T E D T H E O P P O R T U N I T Y T O R E V I E W I S S U E S O F M U T U A LI N T E R E S T . I T I S P A R T I C U L A R L Y G R A T I F Y I N G T O L E A R N T H A T T H EL A T E S T R O U N D O F L A J E S B A S E N E G O T I A T I O N S A R E P R O C E E D I N GS M O O T H L Y . G I V E N T H E C O N S T R U C T I V E S P I R I T I N U H I C H T H E S ET A L K S A R E B E I N G H E L D , O U R T U O S I D E S S H O U L D B E A B L E T OR E S O L V E T H E F E U O U T S T A N D I N G I S S U E S E X P E D I T I O U S L Y .

LIMITED O F F I C I A L USE


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POINTS YOU R A I SE D UITH HE AND THE SPIKIT IN WHICH THEYUER E O F F E R E D - R EG R ETTA B LY , TH E UNITED STATES C O N G R E SS -STATUTORY CONDITIONS G O V E R N I N G THE P R O G R A M C O N S I D E R A B L YLIHIT OUR ABILITY TO OFF ER A M O R E POSITIVE RESPONSE A TTHIS TIME.

IN OR DER FOR A CO UNTRY TO BE CONSIDER ED FORINCLUSION IN THE PILOT P R O G R A M , THE LA U REQUIRES THAT THECOUNTR Y'S NATIONALS HAV E AN A V ER A GE VISITOR VISA REF USA LR A T E O F LESS T H A N TUO PE R C E NT FOR THE P R E V I O US T W O - Y E A RPERIOD. AND LESS THAN 5 - 5 PERC ENT FO R ANY ONE OF THOSEY E A R S - UNF OR TUNA TELY, THE RATES F OR POR TUGA L DURING THEPAST TUO Y E A R S EXCEEDED THE A C C E P T A B L E LIMIT.UE H A V E NO D I S C R E T I O N , A B SE NT A C H A N G E IN THEC O N G R E S S I O N A L STATUTE, TO AL TER OR U A I v E THIS R E Q U I R E M E N TFOR ANY C O U N T R Y . I NOTE* H O W E V E R - T H A T THE R E F U S A L R A T EF O R PORTUGUESE CITIZENS HAS BEEN DEC LINING IN RE CE NT YE A R SAND FELL TO M . b S PE R C E NT IN 1 5- IF THISTREND CO NTINUES, THE RA TE CO ULD F A L L TO A STATUTORIHA C C E P T A B L E L E V E L , THUS ALLOWING PORTUGAL TO B E C O M EELIGIBLE FO R THE VIS A W A I V E R P R O G R A M .UHILE LEGISLATIVE CONSTR AINTS MA KE IT IMPOSSIBLE FO R ME TOOFFER A POSITIVE R ESP O N SE, SHOULD C I R C U M S T A N C E S C H A N G E , UEWILL GIVE YOUR R E Q U EST OUR PROMPT AND SYM PA THETI CC O N S I D E R A T I O N -I L O O K F O R W A R D TO W O R K I N G WITH YO U IN THE Y E A R S TO C O M L -SI N C E R E L Y ,/S/W A R R E N C H R I ST O PH E RHIS EXCELLENCYJOSE MANUEL D U R A O B A R R O S OMINISTER O F F O R E I G N A F F A I R S O F P O R T U G A LLISBON \D O F F I C I A L USE

WITHDRAWAL NOTICE


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RG: 148 Expo sition, Anniversary, and M emorial Com missionsSERIES: 9/11 Commission, Team 5N N D PROJECT NUM BER: 51630 FOIA CASE NUM BER: 30768

WITHDRAWAL DATE: 09/24/2008


The item identified below has been withdrawn from this file:FOLDER TITLE: DOS Documents - N IV [3 of 5]DOCUMENT DATE: 08/05/1994 DO CUM ENT TYPE: LetterFROM: Warren ChristopherTO: Janet RenoSUBJECT: Visa W aiver Pilot Program, List of Countries Not Recomm ended

This document has been withdrawn for the follow ing reason(s):9/11 Classified Inform ation

WITHDRAWAL NOTICE


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RG: 148 Exposition, Anniversary, and M emorial Com missionsSERIES: 9/11 Commission, Team 5N ND PROJECT NUM BER: 51630 FOIA CASE NUM BER: 30768


BOX: 00025 FOLDER : 0003 TAB: 34 DOC ID: 31198806COPIES: 1 PAGES: 4

The item identified below has been w ithdrawn from this file:FOLDER TITLE: DOS Documents - NIV [3 of 5]DOCUMENT DATE: 08/03/1994 DOCU MEN T TYPE: MemorandumFROM: Mary Ryan, CATO: The SecretarySUBJECT: V isa Waiver Pilot Program


WITHDRAWAL NOTICE


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RG: 148 Exposition, Anniversary, and Mem orial Com missionsSERIES: 9/11 Comm ission, Team 5NN D PROJECT NUM BER: 51630 FOIA CASE NUM BER: 30768


BOX: 00025 FOLDE R: 0003 TAB: 35 DOC ID: 31198807COPIES: 1 PAGES: 4

The item identified below has been withdrawn from this file:FOLDER TITLE: DOS Documents - NIV [3 of 5]DOCUMENT DATE: 08/09/1994 DOC UM ENT TYPE: Mem orandumFROM: Richard MooseTO: The SecretarySUBJECT: Memorandum for the Secretary


DTSTRIBOTIQg LISTS/S: 9420614

FOR THE SYSTEMEXDIS DIST DETERMINED BY? KBMNR


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NOD ISPERSONNEL CHANNEL ,^PRINCIPALS CHANNEL \SNOT FOR THE SYSTEM

MRL.CB (L^>LSGWLN

COPIES TO:

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ARAEAPEURNEASAS/NISSMEC

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MEMO SENT THRUCOMPLETED ACTION MEMO

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BY i/f^ /DATE ///( J f/DATE

08/94

O r i j - Itrs. sent to "H" to be handcarried 9421966to the H il l, 9/27. Receipt *V 2590467.S THE SECRETARY OF STATE?D WASH.NGTOND-2 - -


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S E T 27 *- 27. 1 9 9 4Dear Senator Kennedy:

s/s~s We seek your h elp in ensuring expeditious and favorableCA Senate action on the Immigration and Nationality TechnicalH Corrections Act of 1994, recently passed by the House asL H.R. 783. This bill contains two provisions of criticalS/RPP importance to the Department of State. Section 210 authorizesM/LEG extension of the visa waiver pilot program, and Section 101 willWiis/rds correct a long-standi ng inequity between the rig hts of men andwomen to trans mit U.S. ci tizen shi p to ch ild ren born abroadbefore May 24, 1934 .

The vi sa waiver p i l o t program has been i n v a l u a b l e b o th ine l i m i n a t i n g the unwarranted expenditure of p u b l i c r e s o u r c e s andin p r om o t i n g the U.S. travel and tourism i n d u s t r i e s w h i c h areour nation's top foreign e x c h a n g e earners. F o r ty - t h r e e percentof all travelers to the United States enter under the visaw a i v e r pilot program; . near iy 1C m i l l i o n v i s i t o r s w i l l enter inFY 1994 alone. Should the program be allowed to lapse, theeffect o n the travel ind ustry would be d e v a s t a t i n g . H u n d r e d sof thousand s of visi tors from 21 countries co mprisin g ourclosest a l l i e s a nd most active t r a d i n g partners w o u l d encounterdelays and find it a much more time- con suming process to travelto the United States.

Moreover, resuming vis ito r visa issuance in programcountries would come at a significant cost. Base d or. a 1991consula r study, it would cost SI 53, 294 , 997 to issue visas tovisi tors who entered wi th visa wa:vers in FY 92. There wouldalso be indirect costs such as d i v e r t i n g resources from otherimportant embassy functions, i n c l u d i n g American c i t i z e nservices. H.R. 783 does not make the program permanent butwill give us an urgently needed extension. Both the Departmentof State and the Immigration and N a t u r a l i z a t i o n Service areeager to work with the Congress on developing a permanentprogram that addresses the a d d i t i o n and deletion of countries.The HonorableEdward M. Kennedy, Chairman,

-2-

Let me also underscore the Department's continuing interestin Section 101 of H.R. 783. This provisioo^wpuld retroactively


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abolish the gender differentiation in an old law that permittedU.S. citizen fathers, but not U.S. citizen mothers, to transmitU.S. citizenship to the ir children born abroad. In Hauchope v.Department of State. 985 F.2d 1407 (9th Cir. 1993), the NinthCircuit found this law to be unconstitutional and chose, as aremedy, to extend its grant of citizenship to the plaintiffs,both children of U.S. citizen mothers. The Wauchope case thuscreated a non-uniform citizenship law with regard to childrenborn abroad before May 24, 1934, to a U.S. citizen mother andan alien father. This result is particu larly troubling inlight of the Constitution's Article I, S B , Cl. 4 command thatCongress establish a uniform rule regarding the citizenship ofthose not born in the United States.

In view of the importance of Sections 210 and 101 to theDepartment of State, I would be grateful for your help inexpediting passage of this legislation.Sincerely,

Warrer. Christopher

THE S E C R E T A R Y OF STATEWASHINGTON


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September 27, 1994

Dear Senator Simpson:We seek your.help in ensuring expeditious and favorableSenate action on the Immigration and Nationality TechnicalCorrections Act of 1994, recently passed by the House asH.R. "783. This bill contains two provisions of criticalimportance to the Department of State. Section 210 authorizesextension of the visa waiver pilot program and Section 101 willcorrect a long-standing inequity between the rights of men andwomen to transmit U.S. citizenship to children born abroadbefore May 24, 1934.The visa wa iv er pilot program has been invaluable both ineliminating the unwarranted expenditure of public resources and

in promoting the U.S. travel and tourisr. industries which areour nation's top foreign exchange earners. Forty-three percentof all travelers to the United States enter under the v is awaiver pilot program; nearly 10 mill io n vis itors will enter inFY 1994 alone. Should the program be allowed to lapse, theeffect on the travel industry would be dev astati ng. Hund redsof thousands of visitors from 22 countries comprising our " 'closest allies and most active trading partners would encounterdelays and find it a much mere time-consuming process to travelto the United States.Moreover, resuming visitor visa issuance in programcountries would come at a si gni fi cant cost. Based or. a 1991consular study, it wojld cost 5153,294,99"? to issue visas tovisitors who entered with visa waivers in FY 92. There wouldalso be indirect costs such as di verti ng resources from otherimportant embassy functions, including Americ an citizenservices. H.R. 7 8 3 does not make the program permanent butwill give us an urgently needed extension. Both the Department

of State and the Immigration and Naturalization Service areeager to work with the Congress on developing a permanentprogram that addresses the addition and deletion of countries.

-2-

Let i r e also underscore the Department's continuing interestin Section 101 of H.R. 783. This provision_would retroactivelyabolish the gender differentiation in an old law that permitted


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U.S. citizen fathers, but not U.S. citizen mothers, to transmitU.S. citizenship to their children born abroad. In Wauchope v.Department of State. 985 F.2d 1407 (9th Cir. 1993), the NinthCircuit found this law to be unconstitutional and chose, as aremedy, to extend its grant of citizenship to the plaintiffs,both children of U.S. citizen mothers. The Wauchope case th uscreated a non-uniforrr. citizenship law with regard to childrenborn abroad before May 24, 1934, to a U.S. citizen mother andan alien father. This result is particu larly troubling inlight of the Constitution's Axticle I, S B, Cl. 4 command thatCongress establish a uniform rule regarding the citizenship ofthose not born in the United States.

In view of the importance of Sections 210 ana 101 to theDepartment of State, I would be grateful for your help inexpediting passage of this legislation.Sincerely,

Warren Christopher

9 4 2 1 9 6 6United Slates Department of StateWashington. D. C. 20520


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SEP 26 1994ACTION MEMORANDUMUNCLASSIFIED ^TO: The_SecretaryFROM: CA - Mary A. K/au^ ^.

H - Wendy R. Shermari^SUBJECT: Support for Consu lar Efficiency B i l l

ISSUE FOR DECISION:Whether to sig n lett ers to Senator Kennedy and SenatorSimpson asking their cooperation in passin g H.R. 783.

ESSENTIAL FACTORS:We urgently need to ensure that a l o n g - t e r r r i extension ofthe vis a wai ver pilot p rog ram is passed. H.R. 783, whichpassed the House Septerr-.ber 20, c o n t a i n s a two-year extension ofthe program. It also contains other c r u c i a l p r o v i s i o n s onc i t i z e n s h i p a nd n a t i o n a l i t y .Senator Kennedy supports the b i l l because it con t a i n s a

prov i s i on that allows citizen s of Ireland to q u a l i f y for thev i s a wa iv er program. Senator Simpson, however, is lessenthusiastic about expanding i m m g r a t i o n p r o v i s i o n s b ut is notopposed to extending the w a i v e r program . A letter fr o m youcould make the d i f fe re n c e b y e m p h a s i r i n g how c r i t i c a l thepassage of this bill is to the A d m i n i s trat ion .RECOMMENDATION:

That you sign the attached letters.Approve V X* V TfUM D i sapprove

DEPARTMENT OF STATEEXECUTIVE SECRETARIATACTION SLIP(CJassification/Dov/ngrader)

DATE:.DATE D U EIN S/S BY:_ T-

(S/SCO BtK)


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ACTION ASSIGNED TO: t i c : 5i 9 4 2 4 9 1 6ACTION REQUESTED:

FORMAL STATE TO. .MEMOSTATE TRANSMITTAL FORMTO NSC OVPWITH DRAFT REPLY FOR SIGNATUREBY: ,.WITH COMMENT/RECOMMENDATION-TRAVEL AUTHORIZATION"

HIGH PRIORJTY ITEMPREPARE A CROSS-HATCH CAB LE REPLYFOR PRESIDENT/VICE PRES.SEND A COMEBACK COPY OF OUTGOINGSTATE CABLE AND ORIGINAL WH/OVPCORRESPONDENCE UND ER COVER OF ATRANSMTTTAL FORM.IF NO REPLY NECESSARY , RETURN OR IGI-NAL WH/OVP CORRESPONDENCE UN-DER COVER OF A TRANSMITTAL FORMWITH AN EXPLANATION IN REMARK S ASTO WHY NO REPLY IS NECESSARY.

PROVIDE INTO COPY OF DIRECT REPLY ON BEHALF OF. .ALONG WITH ORIGINALINCOMING W H/ OV P CORRESPONDENCE UND ER COVER OF A TRANSMIT!AL FORMRECOMMENDATION FOR . UNDER COVER OF AN ACTION MEM O WITH REPLY FORSIGNATURE-(FOR SCH EDU LE ITEMS ONLY ): RECOMM ENDATION FOR .UNDER COVER OF ANACTION MEMO WITH REPLY FOR SIGNATURE. OR IF DECLINED. DIRECT REPLY ON BEHALFOF _,__.DIRECT REPLY ON BEHALF OF.WITH REPLY FOR SIGNATURE B Y_

.FOR APPROPRIATE HANDLINGFOR YOUR INFORMATION

PROVIDE INFO COPY OF DIRECT REPLY TOS/S-SREMARKS/SPECIAL I NSTRUCTI ONS:

CLEAR WITH:COPIES TO:

'*" DONILON

pT

s/q AS/S-O CAS/S-FX CFRXX SAHM/FSI U5UN/WM / O F M A C D AM/WHL USAIDPM IJ;iA

(Office of % Attorney ( ieneral.B. ( C . 20530


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O c t o b e r 20, 1994

The Honorable Warren ChristopherThe Secretary of StateWashington, D.C. 20520Dear Mr. Secretary:

I apologize for the delay in responding to yourAugust 5, 1994, letter. As you know, H.R. 783, which extendsthe Visa Waiver Pilot Program through September 30, 1996,passed both houses of Congress and new awaits the President'ssignature .

I am pleased that our staffs were able to work together tosecure the enactment of this bill and to ensure the appropriateextension of this program which is vital to American tourism.

Sincerely,

Janet Reno

9426164

V3131660n r n - DEPARTMENT OF STATEWASHINGTON


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December 5, 1994

DIST:sTDDpETMGs/pS/S-SEURCAHLRF:rw

Dear Madam Attorney General:Thank you for your letter of November 4, 1994, to SecretaryChristopher concerning the removal of Andorra, Austri a, Italy,and Monaco from the list of countries whose nationals maybenefit from the waiver of the visitor visa requirement underthe Visa Waiver Pilot Program (VWPP). We full y share yourconcern about illegal immigration and want to assure you thatthe Department of State wil l continue to do ev eryt hin g in its

power to ensure that visas are not issued to those who are notentitled to them. Countries with excessive rates of refusal atport of entry and excessive numbers of nationals who stay toolong in the United States should not be permitted toparticipate in the visa waiver program. If the four countrie sidentified in your letter are no longer eligible, we shouldtake a pp rop ri at e steps to address this problem.I understan d, however, that there is a significant questionwhether these countries should be te rmina ted that arises inpart from the program's statutory requirements and the currencyand quality of the data available about pot t-of-entry refusalsand overstayers. Assistant Secretary for Consular Affai rsMary A. Ryan also informs me that, earlier this year, membersof her staff worked with members of Commissioner Meissner's

staff to formulate proposed amendments to the VWPP that wouldaddress some of these issues and ensure an ord er ly process fordropping countries from the prog ram. Al th ough these amendmentswere not enacted, we should seriously consider continuing theAdminis tration' s dialogue wi th Congress on th is issue in thenew session.

The Honorable

- 2 -

I am therefore asking Ms. Ryan to continue-working withMs. Meissner on the legi slat ive issues, to consult with the new


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Congress, and to review wit h INS the status of the fourcountries you have identified in light of more current INS dataand their relationship to the statutory requirements forcontinuing the present pr ogram. We can then decide how best toproceed.

Sincerely,

albottActing Secretary

- 3 -

Drafted: *AL/CA:CWBrow&y-l1/30/94 SELCA 2058


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cleared:CA:MARyanCArDDillardEUR/AGS:DCavinEUR/WE: v^ ,

of % Attorney (irncral,13. (1 L 20530

November A, 1994

8/14/20

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