OBP005100

From: AGUILAR, DAVID V

To: SELF, JEFFREY D; (b) (6)
Cc: COLBURN, RONALD S
Subject: RE: FW: IBWC MOA - Draft
Date: Monday, October 15, 2007 1:52:33 PM

Jeff,

Just reviewed the MOA. The MOA appears to be ok the only concerns I have are the following section:

“SIBWC will grant CBP access to property under its jurisdiction including levee gates and
other areas with restricted access or otherwise facilitate CBP’s access to areas under USIBWC
control for the purposes of tracking, surveillance, and interdiction, establishment of
observation points and installation of remote detection systems, subject to the provisions in
Article II”

- first it “grants” us access to areas where we already have statutory access authority to.
But the other thing that is very noticeable is that it gives us “access to areas under
USIBWC control for the purposes of tracking, surveillance, and interdiction,
establishment of observation points and installation of remote detection systems,
subject to the provisions in Article II” but glaringly leaves out building infrastructure
or fence. (b) (5)

David

From: SELF, JEFFREY D

Sent: Monday, October 15, 2007 9:16 AM
To: (b) (6)
Cc: AGUILAR, DAVID V; COLBURN, RONALD S
Subject: FW: FW: IBWC MOA - Draft
Importance: High

(b)
(6)

We need to make sure the Chief sees this and makes comments before SBI pushes it to the
Commissioner for signature.

Jeff
OBP005101

From: ADAMS, ROWDY D

Sent: Monday, October 15, 2007 5:56 AM
To: SELF, JEFFREY D
Subject: FW: FW: IBWC MOA - Draft
Importance: High

Jeff

Please take a look and advise as to whether this doc is consistent with field needs etc.

If you are good with it, let me know via email and we’ll push it for C1 and Commissioner Marin Sign in
the future.

Thanks

Rowdy

From: (b) (6)

Sent: Monday, October 15, 2007 7:11 AM
To: (b) (6)
Cc: (b) (6)
Subject: FW: FW: IBWC MOA - Draft
Importance: High

(b) (6)

Attached you will find the final review comments provided by IBWC Legal on the proposed MOA. Ms.
(b) (6) is their legal counsel and her contact information in below. Please engage her in any
discussions you deem necessary as I believe (b) (6) , Deputy Commissioner IBWC-US Section is
desiring any further changes/discussions regarding the MOA take place between both counsel offices to
insure legal/technical issues are resolved prior to signing.

Please let me know if you need anything further from me, and again I hope we will be able to have the
MOA signed by the end of this month. Thank you for your assistance in this review and your patience
with me during all of this. I await your notification of the completed review at which time I will work on
the logistics for the actual signing event.

Regards,

(b) (6)

INATR-SBI Liaison
OBP005102

U.S. Customs Border Protection

Tele: (b) (6)

Cell: (b) (6)

email: (b) (6)

From: (b) (6)

Sent: Friday, October 12, 2007 5:13 PM
To: (b) (6)
Cc: (b) (6)
Subject: RE: FW: IBWC MOA - Draft

(b) (6) - Below attached please find revised version of coordination MOA between CBP and
USIBWC. Please let me know if you need further discussion on any part of the MOA, I'll be
glad to discuss changes with your legal counsel.

Thank You,
(b) (6)
Legal Advisor
(b) (6)

>>> (b) (6) > 10/12/2007 10:26 AM >>>

(b) (6)

I hope you are enjoying your vacation. I apologize for making you work
while off!
I did speak with (b) (6) and am awaiting the document back from her.
At that point I had intended to share it with our counsel and then have
them talk with each other about issues. I completely agree with you and
I certainly don't want to be a hindrance to getting the MOA ready for
signing.

Thank you and enjoy the rest of your vacation,

(b) (6)
INATR-SBI Liaison
U.S. Customs Border Protection
Tele: (b) (6)
Cell: (b) (6)
email: (b) (6)

-----Original Message-----
From: (b) (6)
OBP005103

Sent: Friday, October 12, 2007 10:41 AM

To: (b) (6)
Cc: (b) (6)
Subject: Re: FW: IBWC MOA - Draft

Hi (b) (6) As you probably know by now, I'm on leave this week. Before I
left on leave I briefed the Commissioner on the changes your folks made
to the MOA and I provided the MOA to our legal office for review.
There's a couple items that we feel are important and we would like to
see re-inserted in the document.

Our attorney, (b) (6) will be sending the MOA to you as soon
as we have the comments from all the reviewers on our side.

One suggestion though, I think at this point since the MOA is in its
final stages, it would be beneficial to have both attorneys speak
directly to iron out the final details. I believe it will help expedite
the process.

Thanks
(b)
(6)

>>> "(b) (6) > 10/11/07 11:19 AM >>>

Good Afternoon,

I wanted to followup on this message, to see first if your review of the

"final draft" MOA was complete? And second, if the proposed meeting on
October 24 or 25th was doable from your perspective. Both items are
referenced in the message (below) I sent previously on Tuesday the 9th.

Please advise at your earliest,

Regards,

(b) (6)

INATR-SBI Liaison

U.S. Customs Border Protection

Tele: (b) (6)

OBP005104

Cell: (b) (6)

email: (b) (6)

________________________________

From: (b) (6)

Sent: Tuesday, October 09, 2007 9:58 AM
To: (b) (6)
Cc: (b) (6)
Subject: FW: IBWC MOA - Draft
Importance: High

Good Morning Gentlemen,

I hope you had a safe and happy holiday weekend.

I wanted to follow up with you regarding the MOA and see if you had any
comments or recommendations on the document.

I would like to get the document finalized and ready for the formal
signing within this coming week if possible. Do you know when your
review will be completed? Your earliest response is greatly
appreciated.

Also, I wanted to check with you regarding CBP-SBI Project Management's

request to meet with both of you, and (b) (6) and (b) (6)
in El Paso on either October 24 or 25th to discuss some of the design
issues and concerns in the El Paso area. I understand that (b) (6)
wrote a letter to ACoE expressing USIBWC concerns with the
Supplemental Environmental Assessment (SEA) for the El Paso area and
some of the identified concerns can be addressed and hopefully resolved.

Please let me know at your earliest convenience when your review of the
MOA will be completed and if you are available to meet on either October
24 or 25th.
OBP005105

Regards,

(b) (6)

INATR-SBI Liaison

U.S. Customs Border Protection

Tele: (b) (6)

Cell: (b) (6)

email: (b) (6)

________________________________

From: ADAMS, ROWDY D

Sent: Thursday, October 04, 2007 8:26 AM
To: (b) (6)

Cc: FLOSSMAN, LOREN W

Subject: FW: IBWC MOA - Draft
Importance: High

(b) (6)

Please take a final cut at the MOA. We are still looking at what level
this document would need to be signed but I think we can figure that out
quickly. If there are any changes, just get it back to us and we'll move
it forward.

I would think the next step would be a formal signing between IBWC and
CBP. Should that be in El Paso or DC?

Thanks
OBP005106

Rowdy

________________________________

From: (b) (6)

Sent: Monday, October 01, 2007 1:24 PM
To: ADAMS, ROWDY D
Cc: (b) (6)
Subject: IBWC MOA - Draft
Importance: High

Rowdy,

Attached is the "DRAFTED" MOA between CBP and IBWC for your review.
Currently the MOA is drafted to be signed by both Commissioners Basham
and Marin. I am not certain the MOA will need to be elevated to Sec.
DHS/DOS for signature that can certainly be changed if you and Mr.
Giddens decide that is the level of signature you want. Please advise.
If you decide to do that, it will take longer to get it vetted and
signed and I will shepherd this through that process.

In the mean time, I would request that you review this draft and provide
your input/comments back to me for my redrafting/changes along with your
decision on signature. I will then have the MOA vetted through the
Office of Chief Counsel and once it is approved by them, we can make
arrangements for a signing between the Commissioners and their staff (or
Dept. heads).

Thus far, OBP, SBI and SBInet, and ACoE have had the opportunity to
review and comment on it.

Regards,

(b) (6)
OBP005107

(b) (6)

INATR-SBI Liaison

U.S. Customs Border Protection

Tele: (b) (6)

Cell: (b) (6)

email: (b) (6)