LIAISON BY BORDER

AUTHORITIES WITH THE FBI

RESPONSIVE
to
REQUEST #13-4

COMMISSION COPY
 MEMORANDUM OF UNDERSTANDING
BETWEEN
DEPARTMENT OF STATE/DIPLOMATIC SECURITY SERVICE
AND
THE FEDERAL BUREAU OF INVESTIGATION

PREAMBLE:
Presidential Decision Directive 39 (FDD 39) states "it is the
policy of the United States to deter, defeat, and respond
vigorously to all terrorist attacks on our territory and against
our citizens, or facilities..." Within the United States, the
Department of Justice, acting through the Federal Bureau of
Investigation (FBI), is the designated lead agency for

In order to ensure that there is a robust capability to deter,

defeat, and respond vigorously to terrorism in the United States,
the FBI recognizes the need to utilize the resources of other
federal law enforcement agencies to exploit their many
specialities in fighting terrorism. This approach ensures that
the U.S. Government is combating terrorism In a coordinated and
comprenensive manner.
To that end, the FBI believes that the creation of Joint
Terrorism Task Forces (JTTFs) embodies the objectives of the U.S.
policy on counterrorism as set forth in FDD 39.
This Memorandum of Understanding (MOU) shall serve to establish
the parameters for the detailing/assigning of employees from
Department of State/Diplomatic Security Service (DOS/DSS) to the
FBI led JTTFs in selected cities across the U.S.

PURPOSE:
The purpose of this Memorandum of Understanding (MOU) is to
outline the mission of the Joint Terrorism Task Force (JTTF), and
to formalize the relationship between the FBI and DOS/DSS in
order to maximize cooperation and to create a cohesive unit
capable of addressing the most complex terrorist investigations
within the U.S.
This MOU specifically recresencs the agreement between the FBI
snd the DO'S DSS w'^ich will cover" che crocsss ov w~~ich DCS-DSS
employees are detailed or ocnerwise assigned to work at the FBI
as oar" "

REQ 13-4 OOOOOOOQ1

MISSION
The mission of the JTTF will be to utilize the collective
resources of the participating agencies for the prevention,
preemption, deterrence and investigation of terrorism and
activities related to terrorism, both actual and potential,
occurring in or affecting the U.S. carried out by terrorist
groups and/or individuals, as well as apprehending individuals
committing such violations.

CONTROLLING DOCUMENTS
Because the JTTF will operate under Attorney General authority,
it will be necessary for the JTTF to adhere to Attorney General
Guidelines that have been tested for legal sufficiency.
Therefore, all parties agree to abide by the following
guidelines:
1) Attorney General Guidelines on General Crimes, Racketeering
Enterprise and Domestic Security/Terrorism Investigations,
2) Attorney General Guidelines for Foreign Intelligence
Collection and Foreign Counterintelligence Investigations,
3) Attorney General Guidelines on Federal Bureau of Investigation
Undercover Operations,
4) Attorney General Procedure for Reporting and Use of
Information Concerning Violations of Law and Authorization for
Participation in otherwise Illegal Activity in FBI Foreign
Intelligence, Counterintelligence or International Terrorism
Intelligence Investigations,
5) Attorney General Memorandum dated July 19, 1995, entitled
"Procedures for Contacts Between the FBI and the Criminal
Division Concerning Foreign Intelligence and Foreign
Counterintelligence Investigations,"
6) Attorney General's Guidelines on the FBI Use of Informants and
Confidential Sources,
7) Attorney General Guidelines on .the Development and Operation
of FBI Criminal Informants and Cooperative witnesses in
Ex~ra terr j-Eor i_al Junscic~ions .
TUrdance
issued bv nhe FBI.

REQ 13-4 OOOQQOQQ2

DIRECTION (CHAIN OF COMMAND)
The policy, program involvement and direction of the JTTF shall
be the responsibility of the FBI. The direct daily investigative
supervision of the personnel assigned to the JTTF will be the
responsibility of an FBI Supervisory Special Agent (SSA).

The FBI SSA will be responsible for administrative/operational

matters directly associated with his/her Squad and the JTTF, such
as assigning cases, shifts, and coordination of written work
necessary to make each squad and the JTTF operative and
functional.

The groups, organizations or individuals to be investigated will

be specifically identified and agreed upon by the participating
agencies or uhe ui'Tr1, in conrormance witn tiie a.oove stated
Attorney General Guidelines.

The FBI agrees to conduct periodic briefings of the member

agencies of the JTTF pursuant to all legal requirements and FBI
policies.
Any operational problems will be resolved at the field office
level. Any problems not resolved at the field office level, will
be submitted to each agency's headquarters for resolution.
Each Agency representative will report to his/her respective
Agency for personnel administrative matters. Each agency shall
be responsible for the pay, overtime, annual leave, performance
appraisals, etc. of its own employees.

SECURITY CLEARANCES
Members of the JTTF, as well as appropriate supervisory personnel
responsible for these individuals, must apply for and receive a
TOD Secret Security Clearance verified by the FBI. No one will
have access to classified documents or materials without a proper
security clearance.

In view of the need for security clearances, all personnel

assigned to the JTTF should be expected to be assigned for a
period of ac least one year, to be mutually agreed upon by both
agencies.

PHYSICAL LOCATION AND SUPPORT

su.ppcr~ scazz . _n ac.cii.~i.cn., ~ne r b _ wm provide

REQ 13-4 OQOOOQ003

RECORDS AND REPORTS

be controlled solely by the FBI, and will be handled in

accordance with FBI policy.

All JTTF investigative records are the property of, and will be
maintained by, the FBI. Investigative reports will be prepared
by all JTTF personnel on FBI forms. Access to, and use of JTTF
records will be in accordance with Federal law and Department of
Justice and FBI regulations and policy, including but not limited
to the Freedom of Information and Privacy Acts.

Detailees may request information for dissemination to their

organization. Such dissemination of information will be handled
through normal FBI procedures, subject to any agreement made
between the FBI and the agency which originated the information.

TRAVEL
All JTTF related travel of non-FBI personnel will require the
approval of the Agency employing the individual. All individuals
will be responsible for securing his/her own agency's approval
for all travel. Costs for such travel will be paid for by the
FBI.
For international travel, the FBI will obtain country clearances
for all JTTF members. For domestic travel, each agency member
will be responsible for appropriate notifications within their
own agency.

LIABILITY MATTERS IN GENERAL

For tort liability purposes, no participating organization shall
be considered the agent of the other. Participating
organizations shall be liable (if at all) only for the torts of
its own employees committed within the scope of their official
duties.

COORDINATION
All members of the JTTF agree not to knowlingly act unilacerall;

zhe FBI. It is agreed that masters designated co be handled by

REQ 13-4 QOOOQ0004

PROSECUTIONS
The JTTF investigative procedure will conform to the requirements
for Federal prosecution. A determination will be•made on a case-
by-case basis whether the prosecution of cases will be at the
State or Federal level. The criteria for the decision will be
which level of prosecution would better advance the interests of
j ustice.

INFORMANTS

All confidential informants and cooperating witnesses developed

through the JTTF will be opened as FBI informants, sources,
assets or cooperating witnesses, and handled in accordance with
Attorney General and FBI Guidelines, policy and procedures.

The FBI agrees to pay reasonable and necessary informant expenses

incurred by the JTTF. All expenses must be approved by the FBI
before they are incurred.

MEDIA
All media releases will be mutually agreed upon and jointly
handled by the member Agencies of the JTTF. Press releases will
conform to Department of Justice Guidelines regarding such
releases.

DURATION
The term of this understanding shall be for an indefinite period
and shall terminate upon withdrawal from the JTTF by DOS/DSS.
Upon termination of the understanding, all equipment will be
returned to the supplying agency.

AMENDMENTS
This Agreement may be amended by mutual wricten consent of thu
parties.

REQ 13-4 OOOOQ0005

 SIGNATORIES:

XJack 'Cota.es / Date7

Chief Contracting Officer
Federal Bureau of I n v e s t i g a t i o n

Assistant Director Date

National Security Division
r Ftrd-eral Bureau of Investigation

Office Director for Date

intelligence and
InvWti gat ions
Department of State/Diplomatic Security S e r v i c e

REQ 13-4 000000006

 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE IMMIGRATION AND NATURALIZATION SERVICE
AND
THE FEDERAL BUREAU OF INVESTIGATIONS

A. PREAMBLE

1. Presidential Decision Directive 39 (PDD39) states "it is the

policy of the United States to deter, defeat, and respond vigorously
to all terrorist attacks on our territory and against our citizens,
or facilities../' Presidential Decision Directive 62 (PDD 62) directs
various agencies of the United States, including the Immigration and
Naturalization Service (INS), to develop integrated programs to
increase interagency effectiveness in countering, managing and
containing terrorism. Within the United States, the Department of
Justice, acting through the Federal Bureau of Investigation (FBI),
is the designated lead agency for counterterrorism.

2; In order to. ensure that there is a robust capability to deter,

defeat, and respond vigorously to terrorism in the United States,
the FBI recognizes the need to utilize the resources of other
federal law enforcement agencies to exploit their many specialties
in fighting terrorism. This approach ensures that the U.S.
Government is combating terrorism in a coordinated and comprehensive
manner.

3. To that end, the signatories believe that the creation of Joint

Terrorism Task Forces (JTTFs) embodies the objectives of the U.S.
policy on counterterrorism as set forth in PDD 39.

4. In consideration of the above objectives, both the FBI and the

INS agree that INS special agents, dedicated full-time to the JTTF,
will utilize their unique criminal and administrative resources to
develop cases in furtherance of Immigration and Nationality Act
(IMA) violations. As such, IMS agents will not be assigned routine
FBI casework, but rather, are expected to work, within the JTTF
structure which recognizes the lead status of the FBI, imraigration-
related cases of value to the JTTF as a whole. INS special agents
will service the JTTF investigations by providing data bases,
language, legal and investigative expertise in keeping with INS
; r> n.

13-4 000000023
 the tEi-led uTTFs in selected cities across the U.S.

B. PURPOSE

1. The purpose of this MOU is to outline the mission of the J'TTF,

and to formalize the relationship between the FBI and the INS in
order to maximize cooperation and to create a cohesive unit capable
of addressing the most complex terrorist investigations within the
U.S .

2. This MOU specifically represents the agreement between the FBI

and the INS which will govern the process by which INS employees ar«
detailed or otherwise assigned to work at the FBI as part of a JTTF.

C. MISSION

1. The mission of the JTTF will be to utilize the collective

resources of the participating agencies for the prevention,
preemption, deterrence and investigation of terrorism and activities
related to terrorism, both actual and potential, occurring in or
affecting the U.S. carried out by terrorist groups and / or
individuals, as well as apprehending individuals committing such
violations.

D. CONTROLLING DOCUMENTS

1. Because the JTTF will operate under Attorney General authority,

it will be necessary for the JTTF to adhere to Attorney General
Guidelines that have been tested for legal sufficiency. Therefore,
all parties agree to abide by the following guidelines:

A) Attorney General Guidelines on General Crimes, Racketeering

Enterprise and Domestic Security / Terrorism Investigations,

B) Attorney General Guidelines for Foreign Intelligence Collection

and Foreign Counterintelligence Investigations,

C) Attorney General Guidelines on Federal Bureau of Investigation

Undercover Operations,

Coun~erinuellicrence or Inrernanicna.! Terrorism Intelliaer.ee

REQ 13-4 : QOQ000024

"Procedures for Contacts Between the t'ci and the Criminal Division
Concerning Foreign Intellicrence and Foreign Counterintelligence
I rive s t i ga t i on s, "

F) Attorney General Guidelines on the FBI Use of Informants and

Confidential Sources,

G) Attorney General Guidelines on the Development and Operation of

FBI Criminal informants and Cooperative Witnesses in
Extraterritorial Jurisdictions.

2. To ensure compliance with the controlling documents, the FBI

will provide appropriate training to all INS agents assigned to work
as a part of the JTTF. In addition, the FBI will provide to INS
Headquarters complete copies of each of the cited documents with INS
providing appropriate control of classified documents received.

3. All guidance on investigative matters handled by the JTTFs will

be issued by the FBI, except those relating to violations of Title 8
of the United States Code. In those instances, INS officials retain
their delegated responsibilities and authorities while concurrently
recognizing the need to coordinate all actions with the FBI.

E. DIRECTION (CHAIN OF COMMAND)

1. The policy, program involvement and direction of the JTTF shall

be the responsibility of the FBI. The direct daily investigative
supervision of the personnel assigned to the JTTF will be the
responsibility of an FBI Supervisory Special Agent (SSA).

2. The FBI SSA will be responsible for administrative and

operational matters directly associated with his / her squad and the
JTTF, such as assigning cases, shifts, and coordination of the
written work necessary to make each squad the JTTF operative and
functional. The FBI agrees that INS agents shall not be assigned tc
casework that exclusively involves investigation of native-born
United States citizens with no connection to foreign nationals or
naturalized citizens. This shall not preclude INS, however, from
engaging in the investigation of U.S. citizens suspected of
violating criminal or administrative provisions under IMS
jurisdiction, such as alien smuggling or visa or

'ine groups, organizations or incivi

specifically identified ana agreed upon by the participating

.nes .

,„ A ~- OOOOOOQ25
REQ 13-4
in cases involving IMS personnel, or suspected violations of
immigration law.

5. In addition, all reports authored by INS personnel involving

relevant IMA violations, whether on Letterhead Memoranda (LKMs),
standard form FD-302, or otherwise, may be disseminated to that
agent's responsible INS supervisor and to INS Headquarters' National
Security Unit. Such documents will be maintained in a manner
consistent with their security classification and with Section H
("Records and Reports") of this MOU.

6. Whenever possible, any operational problems will be resolved at

the field office level. Any problems not resolved at the field
office level, will be submitted to each agency's headquarters for
resolution.

7. Each agency representative will report to his / her agency for

personnel administrative matters. Each agency shall be responsible
for pay, overtime, annual leave, and performance appraisals, etc. of
its own employees. FBI supervisory personnel will provide written
input to the appropriate agency administrative or supervisory
personnel in order to prepare performance appraisals for INS agents
assigned to the JTTF.

F. SECURITY CLEARANCES

1. Members of the JTTF, as well as app-ropriate supervisor

personnel responsible for these individuals, must apply for and
receive a Top Secret Security Clearance verified by the FBI. No one
will have access to classified documents or materials without a
proper security clearance.

2. In view of the need for security clearances, all INS personnel

assigned to the JTTF should be expected to be assigned for a period
of at least one year, but the exact term must be mutually agreed
upon by both agencies, and consistent with INS personnel policies.

G. PHYSICAL LOCATION AND SUPPORT

1. The FBI will provide office space for all JTTF members and
support staff. In addition, the FBI will provide all necessary
— C '— • — \rf '^ C*. -L. — _d~l_ *w_L ^ ,U _i- O ^. - Cl — '_'— IL.^. : - • ~ '• -

RECORDS AND REPORTS

^ M 4 OOQOQ0026
REQ 13-4
FE_ policy.

2. All JTTF investigative records are the property of, and will be
maintained by, the FBI. Investigative reports will be prepared by-
all JTTF personnel on FBI forms except that reports of violations
under Title 8, United States Code, must also be prepared on INS
forms. Access to, and use of, JTTF records will be in accordance
with Federal law and Department of Justice and FBI regulations and
policy, including but not limited to the Freedom of Information and
Privacy Acts.

3. Detailees may request FBI controlled information for

dissemination to their organization. Such dissemination of
information will be handled through normal FBI procedures, subject
to any agreement made between the FBI and the agency which
originated the information.

I. TRAVEL

1. All JTTF-related travel of non-FBI personnel will require the

approval of the agency employing the individual. All individuals
will be responsible for securing their own agency's approval for all
travel. Costs for such travel will be paid for by the FBI, within
budgetary constraints, unless alternative arrangements have been
made in advance by the sponsoring agency.

2. For international travel, the FBI will obtain country

clearances for all JTTF members. For domestic travel, each agency
member will be responsible for appropriate notifications within
their own agency.

J. LIABILITY MATTERS IN GENERAL

1. For tort liability purposes, no participating organization

shall be considered the agent of the other. Participating
organizations shall be liable (if at all) only for the torts of
their own employees committed within the scope of their official
duties.

K. COORDINATION

REQ 13-4 f 000000027

will not be subject to non-JTTF law enforcement efforts. Each
member agency will make all reasonable efforts to refer matters to
the JTTF that are logically relevant to the JTTF mission.

L. PROSECUTIONS

1. The JTTF investigative procedure will conform to the

requirements for Federal prosecution. A determination will be made
on a case-by-case basis whether the prosecution of cases will be at
the State or Federal level. The criteria for the decision will be
which level of prosecution would better advance the interests of
justice. In cases which are undertaken with an eye toward excluding
or removing foreign nationals from the United States,, standard INS
investigative procedures will be utilized.

M. INFORMANTS

1. All confidential informants and cooperating witnesses developed

through the JTTF will be opened as FBI informants,, sources, assets
or cooperating witnesses, and handled in accordance with Attorney
General and FBI Guidelines, policy and procedures.

2. The FBI agrees to pay reasonable and necessary informant

expenses incurred by the JTTF. All expenses must be approved by the
FBI before they are incurred.

3. Informants developed outside of the JTTF environment by, and

under the control of, the INS will be handled in accordance with
Attorney General and INS Guidelines. They will be made available to
the JTTF should they encounter information relating to alleged
terrorist acts, and subject to Section K ("Coordination") of this
MOU.

N. MEDIA

1. All media releases will be mutually agreed upon and jointly

handled by the member agencies of the JTTF. Press releases will
conform to Department of Justice Guidelines regarding such releases

O. DURATION

"^^JLS U n. C. S 2T S ~ 5.

REQ 13-4 f Q00000028

 Upon Lerminaticn of the u n d ^ -
rerurned to the supplying a g c y nt will b

AMENDMENTS

I- This Agreement may be amended by mutual

parties. " written consent of the

SIGNATORIES:

-,urack Gord
/Chief Contracting Officer
Federal Bureau of Investigation

Neil J. [rtallaghei-
Assistanr Director
National Security Division
Federal Bureau of Investigation

tichael A. Pearson
Executive Associate Commissioner
Office of Field Operations
Immigration and Naturalization Service

REQ 13-4
000000029
 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U.S. CUSTOMS SERVICE
AND
THE FEDERAL BUREAU OF INVESTIGATION

PREAMBLE:

Presidential Decision Directive 39 (FDD 39) states "it is the policy of the United States
to deter, defeat, and respond vigorously to all terrorist attacks on our territory and
against our citizens, or facilities, whether they occur domestically, in international
waters or airspace or on foreign territory." Within the United States, the Department of
Justice, acting through the Federal Bureau of Investigation (FBI), is the designated lead
agency for counterterrorism.

In order to ensure that there is a robust capability to deter, defeat, and respond
vigorously to terrorism in the United States, the FBI recognizes the need to utilize the
resources of other federal law enforcement agencies to employ their many specialties in
fighting terrorism. This approach ensures that the U.S. Government is combating
terrorism in a coordinated and comprehensive manner.

To that end, the FBI believes that the creation of Joint Terrorism Task Forces (JTTFs)
embodies the objectives of the U.S. policy on counterterrorism as set forth in PDD 39.

PURPOSE:

The purpose of this Memorandum of Understanding (MOU) is to outline the mission of

the Joint Terrorism Task Force (JTTF), and to formalize the relationship between the
FBI and the U.S. Customs Service in order to maximize cooperation a'nd to create a
cohesive unit capable of addressing the most complex terrorist investigations'within the
U.S.

This Memorandum of Understanding (MOU) shall serve to establish operational

guidelines and the parameters for the detailing/assigning of employees from the
U.S. Customs Service to the FBI led JTTFs in selected cities across the U.S.

This MOU specifically represents the agreement between the FBI and the U.S. Customs
Service which wifl govern the process by which U.S. Customs Service employees are
detailed, or otherwise assigned to work as part of the JTTF.

This MOU is not intended, and should not be construed, to create any right or benefit,
substantive or procedural, enforceable at law or otherwise by any third party against the
parties, their parent agencies, the United States: or the officers, employees, agents or
other associated personnel thereof.

, „ 000000030
REQ 13-4
MISSION:

The mission of the JTTF will be to utilize the collective resources of the participating
agencies for the prevention, preemption, deterrence and investigation of terrorism and
activities related to terrorism, both actual and potential, occurring in or affecting the U.S.
carried out by terrorist groups and/or individuals, as well as apprehending individuals
committing such violations, the groups, organizations or individuals to be investigated
will be specifically identified and agreed upon by the participating agencies of the JTTF.

AUTHORITY:

Pursuant to 28 U.S.C. 533, 28 C.F.R. 0.85, and FDD 39 and 62, the FBI is authorized to
coordinate a law enforcement investigative and operational response to terrorism. By
virtue of that.same authority, the FBI may form this JTTF composed of other federal,
state and local law enforcement agencies acting in support of the above listed statutory
and regulatory provisions.

CONTROLLING DOCUMENTS:

Because the JTTF will operate under Attorney General authority, it will be necessary for
the JTTF to adhere to Attorney General Guidelines that have been tested for legal
sufficiency. Therefore, to the extent not covered by the provisions in the Direction
section all parties agree to abide by the following guidelines:

1) Attorney General Guidelines on General Crimes, Racketeering Enterprise and

Domestic Security/Terrorism Investigations,

2) Attorney General Guidelines for Foreign Intelligence Collection and Foreign

Counterintelligence Investigations,

3) Attorney General Guidelines on Federal Bureau of Investigation Undercover

Operations,

4) Attorney General Procedure for Reporting and Use of Information Concerning

Violations of Law and Authorization for Participation in otherwise Illegal Activity in FBI
Foreign Intelligence, Counterintelligence or International Terrorism Intelligence
Investigations,

5) Attorney General Memorandum dated July 19, 1995, entitled "Procedures for
Contacts Between the FBI and the Criminal Division Concerning Foreign Intelligence
and Foreign Counterintelligence Investigations/

6) Attorney General's Guidelines on the FBI Use of Informants and Confidential

Sources,

00000003
REQ 13-4
7) Attorney General Guidelines on the Development and Operation of FBI Criminal
Informants and Cooperative Witnesses in Extraterritorial Jurisdictions.

All guidance on investigative procedures will be issued by the FBI.

DIRECTION (CHAIN OF COMMAND):

The policy, program involvement, and direction of the JTTF shall be the responsibility of
the FBI. The direct daily investigative supervision of the personnel assigned to the
JTTF will be the responsibility of an FBI Supervisory Special Agent (SSA).

The FBI SSA will be responsible for administrative matters directly associated with
his/her Squad and the JTTF, such as assigning cases, shifts, and coordination of
written work necessary to make each squad and the JTTF operative and functional.

The FBI agrees to designate the individual who will have overall responsibility for the
JTTF. Said responsibility may be delegated to Supervisory Special Agents (Squad
Supervisors) for day-to-day operations.

The FBI agrees to periodic briefings on request of the member Agencies of the JTTF
pursuant to all legal requirements and FBI policies.

Operational decisions in criminal investigations involving violations of laws which are

exclusively or primarily within Customs jurisdictional authority will be made jointly
between the JTTF supervisor and the appropriate Customs supervisor. This MOU is
not intended to usurp or impede Customs authority to conduct or pursue any
investigations which fail within Customs normal purview.

Any operational problems will be resolved at the field office level. Any problems not
resolved at the field office level, will be submitted to each agency's Headquarters for
resolution.

In the event that Customs personnel are requested to take action and to employ such
powers and authorities, as a Customs Officer, e.g., border search, in support of the
FBI's counterintelligence investigations or activities or another intelligence community
agency's investigations or activities as defined by and within the parameters of
Executive Order 12333, the procedures and policies of T.O. 113-01 will govern, and
Customs will coordinate such matter(s) in advance with the U.S. Department of the
Treasury.

Each Agency representative will report to his/her respective Agency for administrative
matters. Each agency shall be responsible for the pay: overtime, annual leave,
performance appraisals, etc. of its own employees.

000000032
REQ 13-4
 4

SECURITY CLEARANCES:

Members of the JTTF, as vvelf as appropriate supervisory personnel responsible for

these individuals, must apply for and receive a Top Secret Security Clearance verified
by the FBI. No one will have access to classified documents or materials without a
proper security clearance.

In view of the need for security clearances, all personnel assigned to the JTTF should
be so assigned for an extended period of time, to be mutually agreed upon by both
agencies.

PHYSICAL LOCATION AND SUPPORT:

The FBI will provide office space for all JTTF members and support staff. In addition,
the FBI will provide all necessary secretarial', clerical, automation, and technical support
for the JTTF.

RECORDS AND REPORTS:

Except for information originating from Treasury/Customs, all classified information will
be controlled solely by the FBI, and will be handled in accordance with FBI policy.

All JTTF investigative records are the property of and will be maintained by the FBI.
Investigative reports will be prepared by all JTTF personnel on FBI forms.
Investigations of criminal violations solely or primarily within the jurisdiction of the
Customs Service may also be reported on Customs Reports of Investigation and
entered into the Treasury Enforcement Communications System within the parameters
of its classification, subject to the provisions of the "COORDINATION" section of this
MOU. Access to, and use of, JTTF records will be in accordance with Federal law and
Department of Justice and FBI regulations and policy, including but not limited to the
Freedom of Information and Privacy Act.

Detailees may nominate any information they see for dissemination to their
organization, which will be handled through normal FBI procedures, and agreements
between the FBI and the agency which originated the information.

FUNDING:

Unless otherwise agreed in writing, each party shall bear its own costs in relation to this
MOU. Obligations/expenditures by each party will be subject to federal budgetary
processes and availability of funds pursuant to applicable laws, regulations, and
policies.

000000033
REQ 13-4
TRAVEL:

All JTTF related travel of non-FBI personnel will require the approval of the Agency
employing the individual. All individuals will be responsible for securing his/her own
agency's approval for all travel. Costs for such travel will be paid for by the FBI.

For international travel, the FBI will obtain country clearances for all JTTF members.
For domestic travel, each agency member will be responsible for appropriate
notifications within their own agency.

LIABILITY MATTERS IN GENERAL:

For Federal Tort Claims Act purposes, no participating organization shall be considered
the agent of the other. Participating organizations shall be liable (if at all) only for the
torts of its own employees committed within the scope of their official duties

COORDINATION:

All members of the JTTF agree not to act unilaterally on any matter affecting the JTTF
without first coordinating with the FBI. It is agreed that matters designated to be
handled by the JTTF will not be subject to non-JTTF law enforcement efforts without
prior coordination. Each member agency will make all reasonable efforts to coordinate
matters with the JTTF that evidence terrorist organization involvement or activities.

PROSECUTIONS:

The JTTF investigative procedure will conform to the requirements for Federal
prosecution. A determination will be made on a case by-case basis whether the
prosecution of cases will be at the State or Federal level. The criteria for the decision
will be which level of prosecution would better advance the interests of justice.

INFORMANTS:

All confidential informants and cooperating witnesses developed through the JTTF, who
provide information pertaining to terrorist activities, will be opened as FBI informants,
sources, assets or cooperating witnesses, and handled in accordance with Attorney
General and FBI Guidelines, policy and procedures.

The FBI agrees to pay reasonable and necessary informant expenses incurred by the
JTTF. All expenses must be approved by the FBI before they are incurred.

MEDIA:

All media releases will be mutually agreed upon snd jointly handled by the member
Agencies of the JTTF. Press releases will conform to Department of Justice Guidelines
regarding such releases.

000000034
REQ 13-4 _____————
DURATION:

The term of this understanding shall be for an indefinite period and shall terminate upon
withdrawal from the JTTF by the U.S. Customs Service. Upon termination of the
understanding, all equipment will be returned to the supplying agency.

AMENDMENTS:

This Agreement in no manner affects any existing MOUs or agreements with the FBI or
any other agency. This Agreement may be amended by mutual written consent of the
parties.

SIGNATORIES:

Office of the Date

Chief Contracting Officer
Federal Bureau of Investigations

Assistant Director Date

Counterterrorism Division
Federal Bureau of Investigations

Assistant-Commissioner Date
'Investigations
United States Customs Service

REQ 13-4 000000035

 WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Memorial Commissions

SERIES: 9/11 Commission Team 5, FRC Box 23
NND PROJECT NUMBER: 51095 FOIA CASE NUMBER: 30383

WITHDRAWAL DATE: 09/08/2008

BOX: 00004 FOLDER: 0004 TAB: 5 DOC ID: 31194031

COPIES: 1 PAGES: 16

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The item identified below has been withdrawn from this file:

FOLDER TITLE: FBI responses to Request #13

DOCUMENT DATE: 09/09/1999 DOCUMENT TYPE: Memorandum

FROM:

TO:

SUBJECT: Liaison by Border authorities with the FBI-Responsive to Request #13-4: FBI Joint
Terrorism Task Force (JTTF)

This document has been withdrawn for the following reason(s):

9/11 Classified Information

WITHDRAWAL NOTICE