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the assessment said, "extensive documentary evidence contains several questionable details and could be fraudulent,

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The assessment was never published because it was deemed by CIA managers to be policy prescriptive in that it was suggesting a course of diplomatic contact with the Nigerien leader.

On February 27, 2003, the CIA responded to a letter from Senator Carl Levin, dated January 29, 2003, which asked the CIA to detail "what the U.S. IC knows about Saddam Hussein seeking significant quantities of uranium from Africa." The CIA's response was almost identical to the U.S. Government points passed to the IAEA/INVO in early February, saying

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of reporting suggest Iraq had attempted to acquire uranium from Niger." The response says the CIA believes the government of Niger's assurances that it did not contract with Iraq but says, "nonetheless, we question, whether Baghdad may have been probing Niger for access to yellowcake in the 1999 time frame." The CIA's response made no mention of any concerns about the validity of the documents and left out the sentence, "we cannot confirm these reports and have questions regarding some specific claims," that had been included in the U.S. Government IAEA/INVO points.

On March 3, 2003, the IAEA/INVO provided

U.S. Mission in Vienna with an analysis of the Niger uranium documents the U.S. had provided the previous month. The IAEA/INVO concluded that the documents were forgeries and did not substantiate any assessment that Iraq sought to buy uranium from Niger. Their assessment was based on analysis of the documents and interviews with Iraqi officials.

On March 4, 2003, the U.S. Government learned that the French had based their initial assessment that Iraq had attempted to procure uranium from Niger on the same documents that the U.S. had provided to the INVO.

On March 8, 2003, the DIA provided an info memo (TS-99-177-03) to the Secretary of Defense in response to a March 8, 2003 Washington Post article, "Some Evidence on Iraq Called Fake." The memo said, "we believe the IAEA is dismissing attempted Iraqi yellowcake purchases, largely based upon a single set of unverified documents concerning a contract between Niger and Iraq for the supply of 'pure uranium.' The [memo added that the] USG ha[d] not shared other [information] with the IAEA that suggested a Nigerien uranium deal

with Iraq." The other intelligence referenced in the memo is the CIA intelligence report on the former ambassador's trip, which described the Nigerien Prime Minister's belief that an Iraqi delegation was interested in uranium, the Navy report from November 2002 which said uranium destined for Iraq was being stored in a warehouse in Cotonou, Benin, and a fax from late 2001 found in the possession of a Somali businessman which described arrangements for shipping unidentified commodities in an amount that appeared similar to the amount in the Iraq-Niger yellowcake deal. The fax, however, did not mention uranium, Iraq, or Niger.

On March 11, 2003, the CIA assessment with limited distribution, "we do not dispute the IAEA Director General's conclusion - last Friday before the UN Security Council - that documents on Iraq's agreement to buy uranium from Niger are not authentic." The assessment said, "[U.S. Government] on several occasions has cautioned IAEA inspectors that available information on this issue was fragmentary and unconfirmed and early last month told them, 'We could not confirm these reports and have questions regarding some specific claims. Nonetheless, we are concerned that these reports may indicate Baghdad has attempted to secure an unreported source of uranium yellowcake for a nuclear weapons program. ." The assessment did not say whether the CIA had changed its position that Iraq may have attempted to acquire uranium yellowcake from Africa.

On March 11, 2003, WINPAC drafted a current intelligence piece

(SPWR031103-04) for the Secretary of Defense titled Iraq's Reported Interest in Buying Uranium From Niger and Whether Associated Documents are Authentic. The piece said "we do not dispute the IAEA Director General's conclusions... that documents on Iraq's agreement to buy uranium from Niger are not authentic." The piece also noted that the

[U.S. Government]... has cautioned IAEA inspectors that available information
on this issue was fragmentary and unconfirmed and early last month told them,
"we could not confirm these reports and have questions regarding some specific
claims. Nonetheless, we are concerned that these reports may indicate Baghdad
has attempted to secure an unreported source of uranium yellowcake for a nuclear
weapons program."

A centerpiece of the British White Paper last fall was U.K. concern over
Iraqi interest in foreign uranium. Given the fragmentary nature of the
reporting,

(U) The piece never addressed whether the CIA had changed its previous assessment that Iraq may have been trying to obtain uranium from Africa.

On April 5, 2003, the NIC issued a Sense of the Community Memorandum (SOCM), (Niger: No Recent Uranium Sales to Iraq, NIC SOCM 2001-12.) The SOCM said, "we judge it highly unlikely that Niamey has sold uranium yellowcake to Baghdad in recent years. The IC agrees with the IAEA assessment that key documents purported showing a recent Iraq-Niger sales accord are a fabrication. We judge that other reports from 2002 - one alleging warehousing of yellowcake for shipment to Iraq, a second alleging a 1999 visit by an Iraqi delegation to Niamey - do not constitute credible evidence of a recent or impending sale." The SOCM added, "the current government of Niger and

probably would report such an approach by the Iraqis, especially because a sale would violate UN resolution 687." The SOCM did not say whether the IC continued to judge that Iraq had been "vigorously trying to procure uranium ore and yellowcake" from Africa, as indicated in the October 2002 NIE. To date, the IC has not published an assessment to clarify or correct its position on whether or not Iraq was trying to purchase uranium from Africa.

On June 12, 2003, the DIA sent an information memorandum to Deputy Secretary of Defense Paul Wolfowitz, in response to questions about Iraq's nuclear program. The memo said, "while the Intelligence Committee agrees that documents the IAEA reviewed were likely 'fake,' other unconfirmed reporting suggested that Iraq attempted to obtain uranium and yellowcake from African nations after 1998." The other reporting mentioned was the Navy report from November 2002, which said uranium destined for Iraq was being stored in a warehouse in Cotonou, Benin.

(U) On June 17, 2003, nearly five months after the President delivered the State of the Union address, the CIA produced a memorandum for the DCI which said, "since learning that the Iraq-Niger uranium deal was based on false documents earlier this spring, we no longer believe that there is sufficient other reporting to conclude that Iraq pursued uranium from abroad." This memorandum was not distributed outside the CIA and the Committee has not been provided with any intelligence products in which the CIA published its corrected assessment on Iraq's pursuit of uranium from Niger outside of the agency.

K. Niger Conclusions

(U) Conclusion 12. Until October 2002 when the Intelligence Community obtained the forged foreign language documents' on the Iraq-Niger uranium deal, it was reasonable for analysts to assess that Iraq may have been seeking uranium from Africa based on Central Intelligence Agency (CIA) reporting and other available intelligence.

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In March 2003, the Vice Chairman of the Committee, Senator Rockefeller, requested that the Federal Bureau of Investigation (FBI) investigate the source of the documents, the

motivation of those responsible for the forgeries, and the extent to which the forgeries were part of a disinformation campaign. Because of the FBI's current investigation into this matter, the Committee did not examine these issues.

(U) Conclusion 13. The report on the former ambassador's trip to Niger, disseminated in March 2002, did not change any analysts' assessments of the Iraq-Niger uranium deal. For most analysts, the information in the report lent more credibility to the original Central Intelligence Agency (CIA) reports on the uranium deal, but State Department Bureau of Intelligence and Research (INR) analysts believed that the report supported their assessment that Niger was unlikely to be willing or able to sell uranium to Iraq.

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