I Ju . -. vii} FEDERAL INVESTIGATION Precedence: ROUTINB . Date: 00/00/201_? To: General Counsel . Attn: Steven N. Siegel Deputy General Counsel, Attn: . AttnAttn: SA Attn: SSA (if using personal service) From: .Contact: AGENT, telephone number (000) 000-0000] NAME, IF - Draftsd By: PIRST MIDDLE: - [cass nm cpemungy - (U) IF - FOREIQI OFFICE OP - Synopsis: (U) Approves the issuance of a Right to Financial Privacy Act (RFPA) National Security Letter (NSL) for financial records; provides reporting data; and transmit the NSI. to the appropriate division for delivery to the financial institution. K) Dari 6;-3 (U) Deelassify 4 based on . information the ACLU-NSL--335 . To: From: [cass rm: 00/00/2008] I: U) 00/ 00/2008 FILE NULBBR SERIAL Enclosure(s): (U) Enclosed for DIVISIW or OFFICE OF ORIGIN, depending on whether service is personal or through restricted delivery service] is an NSL dated [00/00/2008], addressed to . POC (if available)], ADDRESS -- NO P.O. STATE - NO ZIP CODE if using personal service], requesting financial records of the customer listed. (U) A IGEN INTERNATI investigation of subject, a U.S. was authorized in accordance with the Attorney General Guidelines because [Give a full explanation of the justification for opening and maintaining the investigation on the subject; barebones facts will not suffice and will cause the requ st to be rejected for legal insufficiency]. These financial records are being requested to [Fully state the relevance of the requested records to the investigation] . This electronic communication documents the approval and certification of the enclosed NSL. For mandatory reporting purposes, the enclosed NSL seeks financial records for INWIBIR [individual /account(s)] from [financial institution from [financial institution . etc. [In the case of multiple accounts to the sane financial institution, if you know how many different personrattach to those accounts, please state. Provide the USP status of all the persons about whom the requests are seeking infomation, including the subject of the investigation. In other words, do your best to give a much infomation as you can, for congressional reporting purposes.] . (U) Arrangements should be made with the financial institution to provide the records [personally to an_ employee of the DELIVRRING DIVISION OR through use of a delivery service or secure fax to OFFICE OF within Oi'] business days of receipt of this request. The financial institution should neither send the records through routine mail service nor utilize the name _of the - subject of the request in any telephone calls to the FBI. DISCLOSURE PROVISIONS 2 ACLU--NSL-336 - ro: Ic From: FILE NUMBER, [Qption 1 -- Invoking Nondisclosuro Requirement] (U) In accordance with 12 U.S.C. 34l4(a)(5)(D), I, the senior official approving this EC, certify that a disclosure of the fact that the FBI has sought or obtained access to the information sought by this letter may endanger the national security of the United States, 1nterfere`with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of a person.- Waterman statement of the facts justifying my certification in this se. [Option 2 - Declining to invoke the nondisclosuro requirement] - i (U) I, the senior official approving this EC, have determined that the facts of this case do ot warrant activation of the nondizclosure requirements under the applicable National Security Letter statute. .[Include tho next 2 paragraphs in all - (U) Information received fro a financial institution may be disseminated in accordance with the FBI's Domestic Investigatio and Qperations Guide (DIOG), and with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency. (U) Any questions regarding the above can be directed to AGENT, telephone number (000) 000-0000]. . - I Qs? 3 ACLU-NSL-337 To: From: FILE NUMBER, 00/00/2008] LEAD Set Lend 1: (Action) - AQ WASHINGTON, QQ (U) NSLB is requested to record the appropriate infomation needed to fulfill the Congressional reporting requirements for NSLs. Set Lead .2: (Info[Unit] Read and Clear Set Lead 3: (Action88tVi . (U) Deliver the attached NSL as indicated above. Upon receipt of infomation from the financial institution, is requested to submit results to IDRAFTING and . OF ORIGIN, if applicable]. I 00 I ACLU--NSL-338 I A 1 3 rsna A . . I 4 U.S. Department of Justice Federal Bureau of Investigation - Inmmxus [swarm ZOP DAY, POC IF -, . STREET ADDRESS-- NO P.O. STATE -- NO ZIP DEAR Under the authority of Executive Order 12333, dated December 4, 1981, and pursuant to Title 12, United States Code (U.S.C.), Section 3414(a) (5) you are hereby directed to produce to the Federal Bureau of Investigation all financial records pertaining to the customer(s) and/or accounts listed below: [if available] ACCOUNT [if available] SOCIAL SECURITY [if available] DATE (S) OF BIRTH: [if available] .. . PERIOD PRX INCEPTION TO i or PERIOD FROM TO I or Please see the attachment following this letter for the types of infomation that your financial institution might . consider to be a financial record. If the time period noted above is to the "present, that term is intended to direct production of infomation to the date of the processing of this letter. If providing information to the date of processing is not feasible, please provide information to the date. of receipt of this letter. i ACLU-NSL-339 In accordance with Title 12. U.S.C. Section 3414(a)(5)(A), I certify that these records are sought for foreign counterintelligence investigation purpoges to protect agaln:t international terrorism or clandestine intelligence . activities, and that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Co stitution of the United States. In accordance with Title l2, U.S.C., Section 3403(b}, I certify that the FBI has complied with all applicable provisions of the Right to Financial Privacy Act. [Cortificatio The nondisclosure requir nent is not an automatic feature of the NBL. If the'snpporting EC for this NBL included Option 1 (Invoking the Nondisclosuro Requirement) than include the language in the following 3 paragraphs in the In accordance with 12 U.S.C. 5 3414(a)(5)(D), I certify that a di:closure of the fact that the EBI has sought or i obtained access to the information sought by this letter may endanger the national zecurity of the United States. interfere i with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of a person. Accordingly, 12 U.S.C. 3414(a)(5)(D) prohibits you, or any officer, employee, or agent of yours, from disclosing this letter, other than to those to whom disclosure is necessary to comply with the letter or to an attorney to obtain legal advice or legal assistance w1th_respect to this letter. . In accordance with 12 U.S.C. 5 you are directed to notify any persons to whom you have disclosed this letter that they are also subject to the nondisclosure requirement and are therefore also prohibited from disclosing the letter_to anyone else. In accordance with 12 U.S.C. 3414(al(5)(D)(iv), if the FBI asks for the information, you should identify any person to whom such disclosure has been made or to whom such dl=closure . will be made. In no instance will you be required to identify any attorney to whom disclosure was made or will be made in order to obtain legal advice or legal assistance with respect to this letter. - . [Include the following language in all . 2 . ACLU-NSL-340 nmaccordance with_l8 U.S.C. 5 351l(a) and you have a right to challenge this letter if compliance would be unreasonable, oppressive, or otherwise unlawful. You also have the right to challenge the nondisclosure requirement set forth above. If you wish to make a disclosure that is prohibited by the nondisclosure requirement, you must notify the FBI, in writing, of your desire to do so within 10 calendaf days of receipt of this letter. That notice must be mailed or faxed to [the Division, attention: CASE AGENT (phone number: with a copy to FBI HQ, attention: General Counsel (fax nu ber: 202-324-5366) and must reference the date of the NSL and the identification nu ber on the upper left corner of the NSL. If you send notice within l0 calendar days, the FBI will initiate judicial proceedings in approximately 30 days in order to demonstrate to a federal judge the need for nondisclosure and to obtain a judicial order requiring continued nondisclosure. The nondisclosure requirement will remain in effect unless and until there is a final court order holding that disclosure is permitted. If you do not send notice of your desire to disclose the NBL or the fact that you produced records in response to it within 10 calendar days of receipt, then the nondisclosure provision will remain in effect, subject to your opportunity to make an annual challenge to the nondisclosure requirement as provided by subsection 3511(b). . In accordance with 18 U.S.C. 35l1(c), an unlawful . failure to comply with this letter, including any nondisclosure . requirement, may result in the United States bringing an enforcement action. The FBI does not intend to suggest, by the service of the NSL upon your financial institution, that a Suspicious Activity Report (SAR) should be filed with respect to this account nor that the account should be closed. Should you determine, however, that the filing of a SAR is required by banking laws or regulations, the non-disclosure provision set forth above prohibits the disclosure of the fact of this letter in the SAR. Further, should you decide to consider closing the - account, the FBI requests that you please notify the below point of contact prior to taking such action, inasmuch as it is expected that information from this account, if it remains open, may provide valuable foreign intelligence. You are directed to provide records responsive to this letter [personally to a representative of the 3 ACLU-NSL--341 i . I . . I through use of a delivery service to the OF OR through secure fa:] within business days of . . receipt of this letter. Any questions you have regarding this letter should be directed only to the OR OF ?di?g on whether service is per onal or through a 3 delivery?service or fax]. Due to security considerations, you - should neither send the records through routine mail service nor disclose the substance of this letter in any telephone conversation. Your cooperation in this matter is greatly appreciated. - Sincerely, I . DIRECTOR IN csAaea/ SPECIAL AGENT IN - In preparing your response to this National Security Letter, you, should determine whether your company maintains the following types of information which may be considered by you to be a financial record in accordance Title 12, United States Code, Section 340l(2) ('original of, copy of, or information known to be derived from, any record held by a financial institution pertaining to a customer's relationship with the financial institution'): 4 . ACLU-NSL-342 I OPCA-20 (12-3-96) FEDERAL BUREAU OF INVESTIGATION FOIAIPA DELETED PAGE INFORMATION SHEET 2 Page(s) withheld entirely at this location in the file. One or more ofthe following statements, where Indicated, explain this deletion. Deletions were made pursuant to the exemptions indicated below with no seg regable material available for release to you. ?ectlon 552 Section 552a - Page(s) waslwere not considered for release as it (is) lthey (are) dupIicate(s) of (an)other released page(s). Page(s) withheld for the following reason(s): as The following number(s) is (are) to be used for reference regarding these pages: ACLU-NSL-343 and Deleted Page(s) No Duplication Fee for this page