WITH DRAWAL NOTICE

RG: 148
Box: 00003 Folder: 0007 Document: 25
Series: Dan Marcus Files

Copies: 1 Pages: 5

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: [Dept. of] Treasury

Document Date: 10-06-2003
Document Type: Form
From:
To:

Subject: classified document record of transmittal

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 221
Withdrawn: 04-30-2008 by:

RETRIEVAL #: 221 00003 0007 25

77-
Informal memorandum

Date: August 29, 2003

Prepared by: John Roth
Re: Meeting with Treasury POC

On August 28, 2003, John Roth and Doug Greenburg met with Tom McGivern, the
Treasury POC, to discuss the three outstanding document requests we have with
Treasury.

With regard to FinCEN, the request is substantially complete. In response to a question,

McGivern stated that there may be more information regarding request 5, depending on
whether you interpret documents that involved terrorist financing in general as being "al-
Qaeda" related. I explained that the great majority of terrorist financing activity involves
al-Qaeda, and the wording of the request was merely to avoid having Treasury search for
materials related to HAMAS or the FARC, for example. He agreed with that
interpretation.

With regard to item number 2, (the PCC materials) McGivern was under the impression
that we would get those materials from our request from the NSC. For that reason, he did
not exclude them and present them to the white house for decision, as is done for other
issues. I told him I did not believe that the EOP requests covered this material, so I asked
him to pull the materials and make a decision regarding it.

With regard to the OFAC request, he acknowledged that almost nothing has been
produced. Thus far we have the unclassified administrative record of GRF and BBF, but
no other designations, and no other responsive documents. I stressed that the most
important documents were the classified designation memoranda for the entities listed in
8, as well as the trip reports, etc of OFAC's trips to the Middle East, particularly pre-
9/11. He stated that much material had been pulled and was in the process of being
reviewed, and that OFAC was pretty over-inclusive in the amount of material pulled. He
promised a delivery of material today (8/29/03), which would be responsive to many of
our priority items.

With regard to the main Treasury request, we have received a number of responsive
documents. He indicated that when the office of enforcement was abolished, there was
no thought given to record retention. Thus, those files are "a mess." He has
approximately 30 boxes he is going through by hand, to see if there are any documents
that are responsive.

We offered to go on site and assist in the search, and to examine and tab documents
which may be responsive to our request, in order to facilitate things. He stated that we
should examine the documents we will get today, and then see whether that will be
necessary.
As an aside, Tom indicated that he had been hospitalized for pneumonia and had been out
of work for several weeks. No one else had been able to pick up the slack, which
explains some of the delay.
r Date Date of
Document
Request /
^

Agency ID
Logged Item Type ltem# 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 10-1 5, 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 Date of Request / Agency ID
Logged Item Type Item* 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 of 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

10/09/03 THll 16:11 FAX @001

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 reque;3ts 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 o.7 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.
d/09/03 THU 16:11 FAX il002

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 relationship 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