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U.S. CUSTOMS AND BORDER PROTECTION

Department of Homeland Security
/ 300 Pennsylvania Avenue, N.W., Washington. D.C. 20229

SEP 2 2003 Deputy Commissioner

Daniel Marcus
General Counsel
National Commission
on Terrorist Attacks Upon the United States
301 7th Street, SW
Room 5125
Washington, DC 20407
Re: U.S. Customs and Border Protection Document Production

Dear Mr. Marcus:

Pursuant to your electronic message of July 23, 2003, please find enclosed
responses on behalf of U.S. Customs and Border Protection (CBP). The enclosed
indices indicate which documents respond to which questions.

Classified material and unclassified material maintained by our Office of

Intelligence that is responsive to your request is scheduled to be provided
separately to comply with procedures for the transfer of classified material.
Records relating to legal advice provided by the Office of Chief Counsel is being
withheld subject to attorney-client privilege; however, the final policies,
agreements, or other matters on which counsel has advised are provided by the
respective client offices as applicable.

The documents provided are for the 9/11 Commission's official use only and may
not be used for any other purpose. While the documents provided under this cover
are not classified, some items are law enforcement sensitive in that their disclosure
would he'p enable persons to evade detection by law enforcement. Other
documents may contain personally identifiable information about law enforcement
officers (e.g., Social Security Numbers) that ordinarily would be withheld from
public disclosure. Therefore, these documents are being released to you on
condition that they may not be disclosed to the public without prior written
authorization of this agency.

Pursuant to instruction from the Department of Justice liaison to the 9/11

Commission, we also provide any third agency or classified documents previously

Vigilance * Service * Integrity

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provided to the Joint Inquiry Staff without further coordination or approval of the
originating agencies.

As you are aware, several weeks ago, CBP and the 9/11 Commission, scheduled
at the 9/11 Commission's request, the week of September 8,2003, for CBP to
make documents available to the 9/11 Commission, This arrangement is similar to
arrangements CBP (then Customs) had made with the Joint Inquiry Staff, and
would have minimized the Commission's document review burden. CBP has made
every effort to fully comply with the 9/11 Commission's request and the
rescheduled deadline. Any question or concern about the completeness of this
response results from the accelerated deadline and not the commitment of CBP to
provide the Commission with the documents and information requested.

If you have any questions regarding this production of documents, or have any
supplemental requests, please coordinate them through the Department of
Homeland Security point of contact, John Mitnick, or his designee.

Sincerely,

72*0^^—-^
Douglas Browning f\
Deputy Commissioner/ /

Enclosures

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