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8
FBI Legat Personnel in Ottawa
Outline of Areas of Interest to Team 6
I. Background on Commission
II. Background on interviewee, including: education, work experience prior to
joining the FBI, and assignments at the FBI.
III. Liaison responsibilities
A. What is their assigned territory?
B. How often are they able to meet with their foreign intelligence and law
enforcement counterparts?
C. To what extent is their role one of liaison, and who are their primary
liaison contacts?
D. Their role in coordinating U.S.-based FBI agents' investigations in their
territory, and any difficulties they have encountered in this regard.
E. Relationship with other U.S. Government agencies and personnel outside
of Canada
F.
9/11 Closed by Statute
G.
A. Who at the FBI tasks them to request information from CSIS, RCMP and
other Canadian Governmental organizations.
B. What is their ability to task and receive information in a timely fashion
from CSIS, RCMP and other Canadian government officials.
descnbe the Legat's role in this process and any legal or policy guidelines
that you have to follow.
D. Are they participating in aspects of any operations with either CSIS or the
RCMP. If so, please describe your role in this process and any legal or
policy guidelines that you have to follow.
E. Have there been any changes in the way you and your office have
collaborated with other agencies over the past couple of years?
F. In what ways do you feel the collaboration has been particularly effective?
In your judgment, how could the collaboration and information sharing
with outside agencies be improved upon? What obstacles do you perceive
to making these improvements?
VIII. Legal and policy changes
A. How the changes in the Patriot Act have impacted their work, if at all.
B. How the changes in the Attorney General Guidelines have impacted their
work, if at all.
IX. The separation of the RCMP and CSIS
A. Their perspective on the benefits and downsides to having CSIS and
RCMP as separate agencies.
B. Differences in dealing with RCMP and CSIS, including their willingness
to share information and coordinate investigations with the FBI.
X. Information Technology Issues
A. Information flow within the FBI, and your ability to access all relevant
FBI intelligence on a timely basis.
B. The current state of the FBI's information technology, and how this affects
your work.
C. Your access to relevant Intelligence Community information and other
intelligence on a timely basis.
D. Please describe the extent of your direct access to the data bases of outside
law enforcement or other Intelligence Community databases. Are you able
to submit specific requests for intelligence to other agencies? Have you
ever done this? Please describe.
XI. Relationship with FBI HQ and FBI Field Offices
A. The role of and interaction with FBI Headquarters and with FBI field
offices.
B. The FBI's policies and procedures on what matters they have to coordinate
with FBIHQ, and on what matters they are allowed to deal directly with
the field offices.
XII. Counterterrorism Strategy
A. Among all of the responsibilities you have, where do counterterrorism
responsibilities rank in priority? What percentage of your time is spent on
counterterrorism?
B. During your tenure at the FBI, have you detected a shift in emphasis on
counterterrorism?
C. How has your office's actual approach to counterterrorism changed? When
did it change? Is it changing still? Did a shift in resources (personnel,
technology, etc.) accompany the shift in strategy?
D. In your estimation, were the changes necessary and substantive? Has the
increased emphasis on counterterrorism changed the way in which you
have worked? Please describe in detail the specific ways in which your
work has changed as a result of the shift in strategy.
E. To what extent do you and/or your office have input on developing the
FBI's counterterrorism strategy? What is the process for providing your
input?
F. Who within your office allocates resources and determines priorities for
accommodating or implementing changes to the FBI's counterterrorism
strategy? Is there a formal process for setting goals and objectives with
respect to achieving an effective counterterrorism strategy?
G. What discretion does your office have in shifting strategy, priorities, and
resources? To what extent is your office's investigations and priorities
determined by Headquarters?
H. How often does your office's approach to counterterrorism get
reevaluated?
I. How does your office measure the effectiveness of your counterterrorism
strategy? For example, how do you know if what you're trying to do is the
most effective approach to counterterrorism? Is there a formal process for
evaluation?
J. In your view, has the new emphasis on counterterrorism negatively impact
the other priorities of the FBI? In what ways? In your view, is the
emphasis on counterterrorism appropriate, or is it being over- or under-
emphasized relative to other priorities?
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> Who has the responsibility, authority, and accountability for counterterrorism in
the Canadian government in general and Canadian intelligence in particular?
> Is there is a single person with complete control (including budgetary execution)
over Canadian intelligence?
> What Canadian governmental entities are involved in counterterrorism, and how
is interagency coordination accomplished? Which are responsible for
intelligence on terrorism?
> Why did Canada separate law enforcement from domestic intelligence?
What is the nature of Canadian intelligence's liaison relationship with the U.S.?
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> What is the Agency's strategy for border security, and how does the Agency
balance border security with the need to ensure efficient transit of cargo?
How does the Agency cooperate with other parts of the Canadian government
and particularly Canadian intelligence - concerning counterterrorism?
How does the Agency cooperate with U.S. government institutions such as the
Customs Service?
> How does the Agency interact with the private sector, both U.S. and Canadian?
> What is the mechanism by which the Prime Minister sets priorities for Canadian
intelligence, and how often are those priorities updated?
> How does the Prime Minister conduct oversight of Canadian intelligence?
How does the Prime Minister ensure that Canadian intelligence is devoting
resources to the Prime Minister's priorities?
• Department of Finance
1. To what extent, if any, is Al Qaeda raising funds in Canada today? Has this
fundraising decreased/increased since 9/11? Why or why not?
2. Before 9/11 how much of a focus on terrorist financing was there at the
Department of Finance?
a. Specific entities or programs dedicated to terror finance (either in Finance
or elsewhere)?
b. Examples of specific pre-9/11 disruptions/prosecutions regarding terrorist
finance?
4. Pre 9/11 was the Department of Finance involved in the process to set counter
terrorist policy? Post 9/11?
5. What is the process by which Canada can freeze assets of a terrorist entity?
a. Level of proof necessary?
b. Ability to use classified information?
c. Any legal challenges?
d. What is your view of the US process to designate entities for asset
freezes?
6. What legal tools exist in Canada to ensure that its financial system is not used
to move terrorist funds?
a. How does Canada regulate charities to prevent the funding of terrorist
organizations? Mosques?
b. How does Canada regulate hawala and other informal value transfer
mechanisms?
8. Are you satisfied with the level of cooperation between the USG and Canada
on counter-terrorist financing?
a. What can the US do to make it easier for you to cooperate with the US in
tracking or disrupting terrorist financing?
CSE
> How is CSE tasked, and how does CSE balance between defense and 'national'
priorities?
What is the relationship between CSE and other parts of the Canadian
government such as Canadian intelligence?
> How does CSE cooperate with the U.S. and other partners?
> What laws govern CSE operations domestically? Information sharing with
provincial and local authorities.
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Are there limitations on DND's role domestically that are akin to the U.S. posse
commitatus act, which limits the U.S. Department of Defense's role in domestic
law enforcement?
Is the DND's focus solely on force protection, or does it have a more 'national'
focus as well?
> What is DND's relationship to U.S. DOD and NORAD and NORTHCOM and
DHS vis-a-vis the counterterrorism mission?
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CSIS
> Why did Canada separate law enforcement from domestic intelligence?
> What is CSIS's relationship with the RCMP and with the rest of the Canadian
national government?
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• RCMP
> Why did Canada separate law enforcement from domestic intelligence?
Does the RCMP conduct strategic analysis, and if so, how? What is the history
of the RCMP's intelligence unit, including why the RCMP recently
reconstituted it?
What is RCMP's relationship with CSIS and with the rest of the Canadian
national government?
In the U.S., there is a debate about whether the FBI's law enforcement culture
and posture can be changed to a more prevention-oriented culture; does the
RCMP face similar questions regarding its law-enforcement-oriented culture?
> What is the nature of the RCMP's cooperation with U.S. law enforcement?
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> What is the Committee's jurisdiction and history, and what are the rules for
membership? What staff support does the Committee receive?
> How does the Committee relate to other committees with jurisdiction over parts
of the Canadian government concerned with national and homeland security?
What are the mechanisms by which the Committee conducts oversight of the
Canadian intelligence apparatus?
> What influence does the Committee have over Canadian intelligence's
counterterrorism activities?
> Does Foreign Affairs conduct its own strategic analysis of terrorism?
Does Foreign Affairs task Canadian intelligence for support, and how does it
evaluate the support it receives?
Does Foreign Affairs have a relationship with the U.S. State Department's
Bureau of Intelligence and Research and/or Ambassador-at-Large for
Counterterrorism?
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> Please provide an overview of Canadian immigration programs that are the most
likely portals for terrorists to enter Canada.
Does Canada have a terrorist watchlist, and what is that watchlist's relationship
to the U.S. government's watchlist?
> What is the nature of your relationship with the U.S. Dept. of Homeland
Security on immigration issues?