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THE DEPUTY SECRETARY OF STATED


WASHINGTON
/
June 10, 2002 ir

Dear Mr. Th

The Foreign Terrorist Tracking Task Force (FTTTF) has


been reviewing cases submitted by our overseas posts for
Security Advisory Opinions (SAOs). We appreciate very much
the effort FTTTF is making to respond to SAO requests. it
is very important for us to receive information.and .
analysis from the FTTTF as we carry forth our joint efforts
to prevent the entry of terrorists into the .United States,

Unfortunately, the information we have received from


,,FTTTF so far has been insufficient to permit a consular
officer to deny a visa. The information we have received
states only that the FTTTF believes the applicants may pose
a threat to national security and therefore the FTTTF
recommends against issuance.

Under the Immigration and Naturalization Act (INA) ,


only consular officers have the authority to issue or deny
visas. All visa refusals must be based on a specific
statutory ineligibility,- if there are no grounds under the
law on which to deny an alien a visa, the consular officer
is required to issue the visa. In order to deny a visa, a
consular officer must know or have reason to believe that
the applicant is ineligible under one of the specific
statutory grounds. For the purposes of our work with
FTTTF, we are looking at the terrorism provisions of the
' INA, which are contained in section 212(a)(3)(B).

These provisions are quite broad and can be used as an


effective tool to prevent the entry of those who have
engaged in terrorist activity or are likely to engage in
terrorist activity after entry, including those who provide
material support for terrorist activities. However,

"The Honorable v
Larry D. Thompson,
Deputy Attorney General.

/CUVr<;f=7 i i l V- : -+T-,,-, .
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of fleers must know the specific actions or


associations that may render an applicant ineligible in
oZdsar^Eg^I^gslly^.xieny'V visa. It is not enough that"
another government agency recommend that a visa be denied
because that agency objects to the applicant's entry or
that agency believes the applicant is ineligible.

All of the officers who review intelligence


information relating to terrorism cases recognize the
sensitivity of the information. All are cleared at least
through the Top Secret level and most have higher
clearances. We take necessary precautions to safeguard any
sensitive information, including in our communications with
consular officers abroad. We would be most appreciative if
you could intervene to promote the information sharing that
is necessary to ensure that our nation is protected against
terrorist threats. Sharing of such information has long
been our standard operating procedure with other law
enforcement and intelligence agencies.

On a related matter, we are also deeply concerned that


there has been a delay in responding to many SAOs sent on
behalf of refugees. As you are aware, shortly after
September 11 the State Department and the FBI participated
in an interagency security review of the refugee admissions
program. Representatives from INS, DOJ, FBI, NSC and CIA
reached an agreement on seven security requirements
ultimately endorsed by the Homeland Security Council. One
of the new requirements mandates that SAOs be obtained for
certain refugees. The requirement specifies that the FBI
(which has delegated this authority to the FTTTF) and CIA
provide State with a written response within 60 days.

Refugees are not allowed to travel until embassies


receive a response from the Department that is based on
written clearance from the FTTTF and CIA. As of today,
2,617 requests are outstanding with the FBI, and 1,135 of
these are overdue. Some of these individuals were approved
for admission in FY 2001 and, at current FBI response
rates, will not be able to enter the United States until
FY 2003. We anticipate increased pressure to resolve' these
cases. Any actions that could be taken to "complete these
cases, particularly the overdue ones, will be appreciated.
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I am pleased with the progress we have made in our


combined efforts working with the Department of Justice and
its components. It has been a terrific cooperative effort.
I look forward to continued success working together, and
appreciate any assistance you can offer in resolving these
two issues.

Sincerelyt

Tbl
Richard L. Armitage

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