DEPARTMENT OF THE TREASURY

WASHINGTON, D.C.

SECRETARY OF THE TREASURY

July 14, 2004

The Honorable Thomas H. Kean, Chair

The Honorable Lee H. Hamilton, Vice Chair
National Commission on Terrorist Attacks
Upon the United States
301 7th Street, SW
Room 5125
Washington, DC 20407

Dear Chair Kean and Vice Chair Hamilton:

I am responding to your letter of June 10,2004, in which you advise that the National
Commission on Terrorist Attacks Upon the United States has completed sending document
requests to the Department of the Treasury.

To the best of my knowledge and based upon personal inquiry of the appropriate
officials, the Department of the Treasury has taken and completed all reasonable steps necessary
to find the documents in its possession, custody, or control responsive to the Commission's four
document requests. The Department has produced or made available for review by the
Commission all such responsive documents it located.

On behalf of the Department, I thank you and your staff for your efforts.

Sincerely,

John W. Snow

TOTfiL P.02
 \s H. Kean

CHAIR June 10, 2004

Lee H. Hamilton
VICE CHAIR
The Honorable John W. Snow
Richard Ben-Veniste Secretary of the Treasury
1500 Pennsylvania Avenue, NW
Fred F. Fielding Washington, DC 20220
Jamie S. Gorelick
As you know, the statute that created the National Commission on Terrorist
Slade Gorton Attacks Upon the United States (Public Law 107-306) directs the Commission to
investigate the facts and circumstances surrounding the September 11,2001
Bob Kerrey
terrorist attacks, including the nation's preparedness for, and immediate response
John F. Lehman to, those attacks, as well as to evaluate the lessons learned from those attacks and
to make recommendations for preventing future attacks. In connection with its
Timothy J. Roemer
investigation, the Commission has made four separate formal requests for
James R. Thompson documents from your department. The Commission does not anticipate
submitting any further document requests to your department.
Philip D. Zelikow
EXECUTIVE DIRECTOR To ensure that the search for, and production of, responsive documents has been
completed, we request that you certify in writing, by return letter, as follows:

"To the best of my knowledge and based upon personal inquiry of the
appropriate officials, the Department has taken and completed all
reasonable steps necessary to find the documents in its possession,
custody, or control responsive to the Commission's four document
requests. The Department has produced or made available for review
by the Commission all such responsive documents that it located."

For purposes of this certification, "document request" means the Commission's

written document requests as modified by any communications with the
Commission's staff, including agreements that certain potentially responsive
documents need not be produced, that certain documents from other agencies
would be handled by that agency, and that certain documents addressed or sent to
or received from the Executive Office of the President (EOF) or that record
communications with or coordinated by the EOF would be handled by the EOF.

Your personal response to this request is critical to our investigation; it will allow
the Commission to rely with confidence on the document production by your
department. To avoid any delays in completing our work, please reply to us in
writing no later than June 25,2004.

301 7th Street SW, Room 5125 26 Federal Plaza

Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-1 lcommission.gov T 212.264.1505 F 212.264.1595
The Honorable John W. Snow
June 10, 2004
Page 2

Thank you for your efforts, and for the efforts of many others at your department,
to cooperate with the Commission and to comply with our requests.

Sincerely,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair

cc: Thomas M. McGivern, U.S. Department of Treasury

 •tt U.S. GOVERNMENT PRINTING OFFICE: 2003—521-304

DEPARTMENT OF THE TREASURY

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10/09/03 THU 16:11 FAX

DEPARTMENT OF THE TREASURY

W A S H I N G T O N D.C., 2 0 2 2 0

October 8, 2003

Mr. Phillip D. Zelikow

Executive Director

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
301 7th Street, SW, Room 5125
Washington, DC 204C7

Gentlemen:

This is a follow-up to my letter to you of September 5, 2003 regarding the Treasury Department's
response to your requests for documents. We have worked closely with Commission staff over
the past month, and I am particularly grateful to John Roth of your staff for his assistance as we
work to provide relevant, responsive information from Treasury.

Based on our review of documents and the Commission's requests to the Department, we believe
we have substantially complied with your requests for documents. Because of the unique nature
of the Commission's work, and in a spirit of accommodation, this has included extraordinary
access to extremely sensitive classified and deliberative documents. However, as I have
discussed with Messrs. Marcus, Steve Dunne, and Roth, we are continuing to review documents
and may yet find more that are responsive. 1 have assigned another attorney with security
clearances to assist us in finishing our review. We will continue to produce any additional
responsive documents as soon as possible, and if there are any documents for which we would
seek accommodation short of access to the document we will discuss that with you immediately.

With respect to the Commission's three separate Commission requests for documents from
Treasury, we report the: following:

• As to Document Request 1 for Departmental Offices documents, we have reviewed and

provided thousands of pages of responsive documents and will continue to produce any
additional documents we discover. Many of these documents are highly classified and many
others had to be recalled from storage. Our search also was made more difficult because the
files of the former office of the Under Secretary for Enforcement were moved out of the
building in March 2003, and there are not detailed indices regarding those records.

As to Document Request 2 regarding documents from the Financial Crimes Enforcement

Network (FinCEN), we have reviewed and provided to the Commission all responsive
documents.
.0/09/03 THU 16:11 FAX 0002

• As to Document Request 3 for Office of Foreign Assets Control documents, we have

reviewed and provided thousands of pages of responsive documents and will continue to
produce any additional documents we discover. This includes a great number of highly
classified documents that involve third agency material. We are grateful to Mr. Roth for his
review at Treasury of highly classified responsive documents and his designation of those
that were of greatest significance to the Commission.

We very much appreciate the positive working relalionsllip we have with Commission staff and
your willingness to provide us guidance as we produce records. The Treasury Department is
committed to cooperating with the Commission and completing our document production as
soon as possible. Plea.se do not hesitate to call me to discuss any concerns you may have.

Sincerely,

Thomas M. McGivem
Assistant General Counsel for Legislation,
Litigation and Financial Enforcement

cc: Steve Dunne

John Roth
Brian Hook
 DEPARTMENT OF THE TREASURY
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TO: FROM:

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 DEPARTMENT OF THE TREASURY
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(The inclusion of classified information should be avoided)

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

09/05/03 RTR 1,2,3 03007173 Implementation of UN instruments / OFAC 10066-10076

Combating Terrorism: United Nations Security Council Actions and

09/05/03 RTR 1,2,3 03007174 US Designations of Terrorist Entities and Individuals 10077-10147

Trip Report Interagency Delegation to UAE Al Barakaat Investigation

09/05/03 RTR 1,2,3 03007175 November 10-15, 2001 10148-10175

09/05/03 RTR 1,2,3 03007176 Albania Trip 10176-10220

09/05/03 RTR 1,2,3 03007177 Taliban control over Kabul 100221-10244

09/05/03 RTR 1,2,3 03007178 Additional Specially Designated Nationals of the Taliban 10245-10298

09/05/03 RTR 1,2,3 03007179 Specially Designated Nationals of the Taliban 10299-10373

09/05/03 RTR 1,2,3 03007180 Carmen bin Ladin, Yeslam bin Ladin, Usama bin Ladin 10374-10381

09/05/03 RTR 1,2,3 03007181 Sheikh Yeslam M. Binladin 10382-10393

09/05/03 RTR 1,2,3 03007182 Abdul Rahman Yasin 10394-10504

Updated September 4, 2003

 Document
Date Dateo Request / Agency ID
Logged Item Type ltem# Doc# From To Subject Number

Letters to the President from the Secretary of Treasury regarding the

09/05/03 RTR 03007183 International Emergency Economic Powers Act

09/05/03 RTR 030071 84A Bilateral Meetings at February 8-9 G-7 Meeting in Ottawa

09/05/03 RTR 030071 84B Additional $220 Million in Terrorist Assets Frozen

09/05/03 RTR 030071 84C Ecevit's Health and Turkish Equities in the War Against

09/05/03 RTR 030071 84D Meeting with Prime Minister Ecevit of Turkey

09/05/03 RTR 030071 84E Deputies Meeting on Central Asia and the Caucasus

Briefing Material for meeting with Saudi Arabian Ambassador to the

09/05/03 RTR 030071 84F United States Prince Bandar Bin Sultan

09/05/03 RTR 030071 84G Deputies Meeting on Russia: Moscow Summit

09/05/03 RTR 030071 84H Malaysia's Internal Security Act

Overview of US-EU Relations: The Danish Presidency Political

Backdrop to the European Bilaterals on the margins of the WB/IMF
09/05/03 RTR 030071841 Annual meetings

Updated September 4, 2003

 Document
Date Date 01 Request / Agency ID
Logged Item Type Item* Doc# From To Subject Number

Office of Foreign Assets Control - Department of Defense

09/05/03 RTR 030071 84J Collaboration on Combating Terrorism

09/05/03 RTR 030071 84K Meeting with US Ambassador to Japan Howard Baker

Meeting with Hamid Karzai, Chairman, Afghan Interim Authority

09/05/03 RTR 030071 84L (AIA)

Middle East Trip Report January 10-23, 2002 Classified Material

09/05/03 RTR 03007185 attached 10064

Albanian Trip Report February 17-26, 2003 Classified Material

09/05/03 RTR 03007186 attached 10065

Updated September 4, 2003

 DEPARTMENT OF THE TREASURY
W A S H I N G T O N D.C., 2 0 2 2 0

September 5,2003

Mr. Phillip D. Zelikow

Executive Director
National Commission on Terrorist Attacks Upon the United States
301 7th Street, SW, Room 5125
Washington, DC 20407

Dear Mr. Zelikow:

I am responding to the letter from the Chair and Vice Chair of the Commission to Secretary of
the Treasury John Snow and also the August 26, 2003 follow -up memorandum from Dan
Marcus to me.

Based on our review of documents and the Commission's requests to the Department to date, we
have granted access to all documents responsive to the Commission's requests and we are not
aware of any responsive documents as to which we would not grant access. Because of the
unique nature of the Commission's work, and in a spirit of accommodation, this has included
extraordinary access to extremely sensitive classified and deliberative documents. We are
continuing to review documents and if there are any documents for which we would, seek
accommodation short of access to the document we would of course discuss that with you
immediately.

With respect to the categories of documents identified in the August 26, 2003 memorandum:

• As to Document Request 2 regarding documents from the Financial Crimes Enforcement

Network (FinCEN), we have reviewed and provided to the Commission all responsive
documents. At a meeting last week with John Roth, he requested that we double check
whether additional documents may exist related to a few of the questions in the document
request. I have reviewed this request once again with FinCEN counsel, and we believe all
responsive documents have been provided.

• As to Document Request 1 for Departmental Offices documents, we have reviewed many of

the potentially responsive documents and will continue to produce documents on a rolling
basis. This includes a great number of highly classified and other documents that had to be
recalled from storage. Our search also was made more difficult because the files of the
former office of the Under Secretary for Enforcement were moved out of the building in
March 2003, and there are not highly detailed indices regarding those records. We expect to
complete the review of documents subject to this request by October 8, 2003, although we
will endeavor to complete it sooner and will continue to produce documents as they are
reviewed. Currently, we are not aware of any documents in these materials that will raise any
access issues, but will work with you to resolve any issues should they arise.
• As to Document Request 3 for Office of Foreign Assets Control documents, we have
reviewed many of the potentially responsive documents and will continue to produce
documents on a rolling basis. This includes a great number of highly classified documents
that involve third agency material. For some of the highly classified documents, access to the
materials by Commission staff at Treasury may be the best way to provide you access. We
also expect to complete the review of these documents by October 8, 2003, although we will
endeavor to complete it sooner and will continue to produce documents as they are reviewed.
Currently, we are not aware of any documents in these materials that will raise any access
issues, but will work with you to resolve any issues should they arise.

We very much appreciate the positive working relationship we have with Commission staff and
their willingness to provide us guidance as we produce records. The Treasury Department is
committed to cooperating with the Commission and completing our document production as
soon as possible. Please do not hesitate to call me to discuss any concerns you may have.

Sincerely,

Thomas M. McGivcm
Assistant General Counsel for Legislation,
Litigation and Financial Enforcement

cc: Daniel Marcus

Steve Dunn
John Roth
Brian Hook
 August 26, 2003

Thomas H Kean MEMORANDUM

CHAIR

Lee H. Hamilton
VICE CHAIR To: Tom McGivern, Department of the Treasury
Richard Beit Veniste
From: Daniel Marcus, General Counsel
MaxQeland

Fred F. Fielding Subj: Most Important Overdue Documents

Jamie S. Gorelick

Skde Gorton As a follow-up to the letter to Secretary Snow dated August 19,2003,
here are the most important categories of documents requested by the
John Lehman
Commission that are overdue:
Timothy J. Roemer
Treasury Document Request No. 1 - Items 1 through 5, 9 and 10, to the
James R. Thompson
extent not already produced
Philip D. Zelikow
EXECUTIVE DIRECTOR Treasury Document Request No. 2 - Items 1 through 5, 10, 11 and 13, to
the extent not already produced

Treasury Document Request No. 3 - Items 1 through 5, 8, 9, 12 and 13,

to the extent not already produced

We look forward to the Department's prompt production of these

overdue items, as well as positions on access to all of the documents
responsive to all of our outstanding requests, as set forth in the August 19
letter. If you have any questions, please give me a call.

cc: Dan Levin, DOJ

TEL (202) 331-4060

FAX (202) 296-5545
www.9-1 lcommission.gov
Thomas H. Kean August 19, 2003
CHAIR

Lee H. Hamilton
VICE CHAIR
The Honorable John W. Snow
Richard Ben-Veniste Secretary of the Treasury
1500 Pennsylvania Avenue, NW
Max Cleland
Washington, DC 20220
Frederick F. Fielding
Dear Secretary Snow:
Jamie S. Gorelick

Slade Gorton Public Law 107-306 directs the Commission to investigate the facts and
circumstances surrounding the September 11, 2001 terrorist attacks, including
John F. Lehman
the nation's preparedness for and immediate response to those attacks. We are
Timothy J. Roemer also mandated to identify and evaluate lessons learned and make
recommendations for the future. The statute authorizes the Commission to
James R. Thompson
secure needed information directly from any agency. The Commission has
thus made numerous requests for documents and discussions with officials
Philip D. Zelikow
EXECUTIVE DIRECTOR
from your department. Given the extraordinary character of the 9/11 events
and our mandate, the scope and sensitivity of our requests have few, if any,
precedents.

We are therefore all the more grateful for the efforts you and your colleagues
have made so far to deal with our many, necessary requests. With so many
other issues confronting you and your staff, we do understand how hard this
can be. We try to make appropriate allowances when we know people are
doing their best. In July the Commission issued an interim report on our
progress so far. In that report we said the coming weeks would be critical.
We promised another report in September that would appraise whether the
level of voluntary cooperation is sufficient so that we will be able to-do the job
we are charged to do under the statute.

That time is now approaching. You are entitled to some advance notice of
what we need. To make such a decisive appraisal and properly evaluate your
department's cooperation, we will assess:

1. Your policy choices—one way or another—on every access issue posed by

our pending requests.

2. Whether we actually receive the most important categories of documents

that are already overdue. We will follow up to be sure our points of
contact know which overdue documents we regard as litmus tests for
effective cooperation.
301 7 lh Street SW, Room 5125
Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-llcommission.gov
The Honorable John W. Snow
August 19, 2003
Page 2

We understand that you and your staff may need a few more weeks to finalize
policy choices and push through delivery of key documents. Therefore we
think it is reasonable to wait and assess the situation based on positions
communicated with us and documents that have actually been delivered or
otherwise made available to us by COB on Friday, September 5, 2003.

As the second anniversary of the devastating attacks on our country

approaches, we thank you for working with us to meet the challenge of
understanding how and why America suffered such a devastating attack, and
how to prevent another.

Sincerely,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair

cc: Thomas M. McGivern

 Jo*

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