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RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC IMMEDIATE
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUCNFRG/FRG COLLECTIVE PRIORITY

S E C R E T SECTION 01 OF 03 BERLIN 001570 
 
SIPDIS 
 
SIPDIS 
 
DHS FOR OFFICE OF INTERNATIONAL AFFAIRS 
LONDON FOR SEC. CHERTOFF'S PARTY 
 
E.O. 12958: DECL: 06/07/2016 
TAGS: PTER KJUS PREL PGOV KHLS GM
SUBJECT: SCENESETTER: DHS SECRETARY CHERTOFF'S VISIT TO 
BERLIN 
 
 
Classified By: Charge d'Affaires a.i. John Bauman for 
reasons 1.4 (b) and (d). 
 
¶1. (C) Summary.  Your visit to Germany gives Interior 
Minister Schaeuble, a loyal ally in the war on terror, his 
long-awaited chance to discuss with you personally ongoing 
and additional bilateral cooperation.  Your visit also lets 
you thank former Minister Schily, who enjoys good relations 
with Schaeuble despite coming from the other party in the 
coalition, for years of close and effective bilateral ties. 
Our relationship with Schaeuble, as with his predecessor, in 
fighting terrorists and strengthening security, while 
excellent, is sometimes limited or hampered by our differing 
legal systems and EU restrictions, as well as by skepticism 
on the part of the German public.  Given Schaeuble's 
counterterrorism convictions, he may be able to break logjams 
and find new ways to work more closely with the U.S., for 
example, in fingerprint sharing.  He has spoken publicly 
against the detention of German resident Murat Kurnaz in 
Guantanamo -- Schaeuble may raise this or other sensitive 
cases in the War on Terror.  In addition to the focus on 
advancing the excellent relations with Germany in the fight 
against terrorism, your meetings are an opportunity to 
examine how we can work together on these issues within the 
EU and broader global contexts.  End Summary. 
 
Schaeuble on Counterterrorism 
----------------------------- 
 
¶2. (C) Wolfgang Schaeuble (like Chancellor Merkel, a 
Christian Democrat) is outspoken in the "grand coalition" 
government with the Social Democrats in urging more 
aggressive German counterterrorism actions.  His stances have 
sometimes attracted criticism even from fellow ministers 
(e.g., Justice Minister Zypries), but he persists and 
prevails:  After the Constitutional Court ruled the German 
military may not shoot down hijacked airliners in an 
emergency, Schaeuble called for a new law to make it 
possible.  Schaeuble seeks preventive detention to prevent 
terrorist attacks, a concept the Justice Ministry opposes. 
He successfully lobbied and obtained a limited role for the 
German military to help support security requirements of the 
Soccer World Cup.  While he speaks out against the Guantanamo 
facility, he supports interrogations to prevent terrorism. 
 
¶3. (C) Schaeuble directed his ministry to expand on former 
Minister Schily's proposal of a third post-9/11 package of 
law changes to strengthen further Germany's counterterrorism 
regime.  The draft may include key elements the U.S. seeks, 
including broader powers for German law enforcement and 
better and more integrated databases.  Schaeuble also seeks 
immigration reforms to promote integration and simplify 
deportation of extremists.  He recently broke new ground by 
announcing his intention to meet directly with 
representatives of a number of Muslim organizations that the 
government considers -- at least potentially -- subversive. 
You may want to ask him about his priorities and the draft 
law's prospects. 
 
Eager for USG Interaction 
------------------------- 
 
¶4. (C) Schaeuble, a devoted and long-standing 
trans-Atlanticist, sought meetings with U.S. counterparts as 
soon as he took office to show strong bilateral 
counterterrorism cooperation and has repeatedly invited you 
to visit.  Schaeuble admits it is difficult for him to travel 
because he is confined to a wheelchair due to an 
assassination attempt in October 1990, nine days after 
reunification, by a mentally unstable person.  Nonetheless he 
told his staff he was ready to travel to Washington if U.S. 
counterparts could not come to Berlin.  For your visit, he 
told his staff to be as flexible as possible to meet U.S. 
needs. 
 
U.S. Priorities 
--------------- 
 
¶5. (C) The over-arching U.S. Mission priority in 
counterterrorism is expanding information sharing -- and 
opposing EU efforts that would complicate or even ruin 
existing information sharing channels.  There are several 
examples where Schaeuble could be helpful in achieving 
results. 
 
¶6. (C) To promote Homeland Security Presidential Directive 
 
BERLIN 00001570  002 OF 003 
 
 
Six (HSPD-6), the Embassy presented the Interior Ministry 
with a proposal to share up to four categories of fingerprint 
data: individuals convicted, those under investigation, those 
suspected of a crime, and those Germany lists as posing a 
threat (the "Gefaehrderliste" of possible terrorists).  A 
positive outcome would help several DHS agencies, including 
ICE and USSS.  The Ministry has not formally responded to the 
proposal, but State Secretary Altmeier recently said Germany 
had not rejected it.  It would be useful to tell Schaeuble we 
are prepared to be flexible and remind him of what he has 
said publicly repeatedly:  the fight against terrorism 
requires information sharing to defeat common threats. 
Germany needs to find a way to make increased fingerprint 
sharing possible. 
 
¶7. (C) German data privacy laws and public attitudes towards 
privacy and information sharing complicate currently robust 
and informal bilateral law enforcement cooperation -- and 
proposed new EU mechanisms may make things even worse. 
Germany's history makes Germans apprehensive about what 
authorities know and how they handle, share, and store date. 
But simply put, German privacy procedures hinder efforts to 
investigate and prosecute individuals by dictating logistical 
requirements such as the computer and software system that 
handles the data.  New EU privacy directives may require data 
privacy commissioners to approve each instance of data 
sharing -- a recipe for gridlock.  Another EU effort laudably 
improves data sharing among EU member states, but could 
complicate it with third countries like the U.S.  Your 
conversations are an opportunity to sensitize Schaeuble to 
the threat to ongoing cooperation these initiatives 
represent, with an eye toward German influence in the EU and 
the possible ways the U.S. and Germany can work together in 
Brussels and the EU. 
 
Issues Schaeuble May Raise 
-------------------------- 
 
¶8. (C) Schaeuble's staff tell us he will raise: 
 
-- Germany's 2007 EU and G-8 Presidency: You should urge him 
to ensure that German interest in energy security, the EU 
constitution, and other issues emerging on the German agenda 
should not prevent counterterrorism from also being a German 
priority. 
 
-- World Cup Security / Data Sharing: Your visit comes during 
the middle of German and global World Cup fever.  DHS has 
been a key part of the U.S. effort to help Germany secure the 
World Cup: ICE officers are working in German Operations 
Centers, TSA has heightened Air Marshal and airport 
inspections, and it was then-Acting Under Secretary 
Beardsworth who initiated the current sharing of relevant 
parts of the Terrorist Screening Database to screen those 
accredited to World Cup venues.  The Ambassador and Schaeuble 
agreed in their first official meeting to be the channel for 
requests / offers of U.S. assistance.  We provided all 
Germany asked and more.  Your talks are an opportunity to 
emphasize that we have shown our willingness to enhance data 
sharing; we are prepared to consider other German requests 
for data sharing and would welcome more sharing from Germany 
as well. 
 
-- Biometrics / Visa Waiver Program (VWP): The German 
biometric ePassport, introduced in late 2005, is not 
compulsory for children under age 14.  German officials call 
the Visa Waiver Program requirement for biometric passports 
for all children unnecessary and inappropriate.  The Embassy 
has repeatedly told the Interior Ministry at several levels 
that the U.S. stance is firm, but Germany continues to hope 
they will arrange an exception or relaxation of U.S. rules 
for Germany.  The U.S. displayed its ePassport late May in 
Berlin at an Interior Ministry conference. 
 
¶9. (C) Other Issues he may also raise include: 
 
-- Biometric Pilot Project: The Interior Ministry has 
proposed a bilateral project to enable vetted frequent 
travelers to speed through arrival/departure formalities. 
Germany, however, prefers iris scans as the biometric 
identifier.  There have been several rounds of discussions in 
recent months but no agreement to move forward. 
 
-- Bag Scanning: Germany manufactures luggage scanning 
machines which have not received TSA approval; German 
officials claim a U.S. bias against them.  Germany may seek 
 
BERLIN 00001570  003 OF 003 
 
 
reciprocal approval of each others' bag scanning machines in 
a U.S.-EU Open Skies agreement. 
 
-- Recent European Court Passenger Name Records (PNR) 
decision: The European Commission stated it will not seek to 
reopen the agreement but rather find another mechanism to 
enact the existing agreement.  Reopening the agreement is 
dangerous: European voices will call for less data transfer. 
You should tell Schaeuble the PNR agreement should not be 
changed and you could share DHS thinking about future efforts 
that may one day complement or replace PNR. 
 
Sensitive Cases 
--------------- 
 
¶10. (S) A German Bundestag investigation committee is 
researching German intelligence service activities, alleged 
CIA rendition over-flights and transit stops, and the alleged 
CIA detention of German citizen al Masri.  These issues 
remain sensitive across the German political spectrum. 
Schaeuble stated publicly in late March the U.S. would "soon" 
release German resident / Turkish national Murat Kurnaz from 
Guantanamo.  Negotiations are ongoing and involve promises by 
Germany to monitor Kurnaz in Germany after his release.  The 
German Federal Office of Criminal Investigation (BKA) and 
Federal Office for the Protection of the Constitution (BfV - 
internal security service), both of which report to 
Schaeuble, would be responsible for the surveillance.  German 
concerns over alleged renditions and detentions do not now 
appear to pose a threat to German-American cooperation, but 
they could complicate German public efforts. 
 
U.S. Domestic Issues 
-------------------- 
 
¶11. (SBU) Headlines in the U.S. often become headlines in 
Germany.  You can expect either Schaeuble or those at your 
press event to ask questions about the aftermath of Hurricane 
Katrina and the future of FEMA.  On Katrina, it would be 
gracious to thank your hosts for the high speed pumps and 
humanitarian assistance Germany sent while Schily was 
Minister.  The official German civil engineering response 
group (Technisches Hilfswerk or THW), which falls under the 
Interior Minister, sent 97 people to New Orleans and the 
south to help with the pumps and other relief activities. 
The proposed U.S. border fence with Mexico and the recent 
U.S. public demonstrations by immigrants may also come up 
with Germans mistakenly finding parallels with their own 
past.  Germany has been debating language and cultural/social 
tests for naturalization and people are interested in U.S. 
policies. 
BAUMAN