Kenneth C. Bass, III
                            (202) 962-4890
                            kbass@venable.com

                            Venable, Baetjer, Howard & Civiletti
                            1201 New York Avenue, NW, Suite 1000
                            Washington, DC 20005-3917
                            (202) 962-4800, Fax (202) 962-8300

                            November 23, 1994

Mr. Homer Williams
Acting Assistant Commissioner
Office of Internal Affairs
United States Customs Service
1301 Constitution Ave., N.W.
Washington, D.C. 20229

Dear Mr. Williams:

I write on behalf of our client, Philip R. Zimmermann, of
Boulder, Colorado, to register a strong objection to the
treatment given Mr.  Zimmermann at Dulles International Airport
on November 9, 1994, when he returned from a trip to Europe.

Mr. Zimmermann was invited to Europe to speak on issues of
public policy.  When Mr. Zimmermann returned to the United
States, he was diverted from the normal Customs processing,
subjected to an individualized luggage search, and then
interviewed extensively by Customs Special Agent Michael
Winters.  The questions posed to Mr.  Zimmermann make it very
clear that this encounter was not a routine, random interview,
but was a pre-planned encounter.  The interview was not
restricted to matters relating to Mr. Zimmermann's re-entry
into the United States and any proper subjects of inquiry
regarding the personal effects he was bringing back with him,
but ranged extensively over Mr. Zimmermann's European itinerary
and public-speaking activities, as well as prior overseas trips
he had taken.  Of particular concern to us is the fact that
Agent Winters questioned Mr.  Zimmermann about possible
exportation of PGP, a cryptography program developed by Mr.
Zimmermann.

This interview was conducted in the absence of Mr. Zimmermann's
counsel, despite the fact that Agent Winters was very much
aware of a pending criminal investigation involving Mr.
Zimmermann who was advised in 1993 by an Assistant United
States Attorney in the San Jose, California office that he was
a target of a grand jury investigation concerning possible
violations of the Arms Export Control Act related to PGP.
Agent Winters made specific reference to this investigation in
the course of his interrogation.

This encounter is deeply troubling for two reasons.  First,
having such an interview in the absence of counsel when Customs
is fully aware of the pending criminal investigation and the
fact that Mr. Zimmermann is represented by counsel raises
fundamental concerns about Government insensitivity to the
constitutional rights of citizens, particularly citizens who
are a target of an ongoing criminal investigation.  The second
major concern is the fact that Agent Winters told Mr.
Zimmermann that he should expect to be subjected to the same
search and interrogation upon every re-entry into the United
States, at least until the criminal investigation is concluded.
It is difficult enough for any individual to be the target of
an open-ended criminal investigation that seems to have no
clear direction, goal or foreseeable conclusion.  It is quite
another thing to be subjected to official interrogation, in the
absence of counsel, about these matters.

On behalf of Mr. Zimmermann, we ask that you make appropriate
inquiries to determine who authorized this interrogation and
why it was continued after Mr. Zimmermann expressed objection
to being interrogated in the absence of counsel.  With respect
to Mr. Zimmermann's future re-entry into the United States, we
would expect the Customs Service to strictly limit its contact
with him to the conduct of such interviews, declarations and
inspections as may be appropriate under 19 CFR Part 148 to
determine whether he is subject to payment of any import duties
upon his re-entry.  As an American citizen he has a
constitutional right to return to the United States and it is
most improper to use such occasions as an excuse for conducting
interviews that would not otherwise be undertaken in the
absence of counsel or appropriate judicial process.

I am sending copies of this letter to Agent Winters, the
Assistant United States Attorney in charge of the criminal
investigation, and Mr.  Philip Dubois, Mr. Zimmermann's lead
counsel in the investigation.  If you require any additional
information in order to respond to this request, please contact
me directly.  We would hope to resolve this matter quickly.


					Cordially,

					Kenneth C. Bass, III


cc:	Mr. Philip R. Zimmermann
	Mr. Michael B. Winters
	Philip Dubois, Esq.
	William Keane, Esq.
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