VZCZCXRO7598
RR RUEHAST
DE RUEHHE #0696/01 2021228
ZNR UUUUU ZZH
R 211228Z JUL 06
FM AMEMBASSY HELSINKI
TO RUEHC/SECSTATE WASHDC 2195
RUEHBS/USEU BRUSSELS
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE

UNCLAS SECTION 01 OF 03 HELSINKI 000696 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: SNAR PREL PGOV CVIS CPAS KCRM KFRD SMIG EUN FI
SUBJECT: EU-US INFORMAL SENIOR-LEVEL MEETING ON JUSTICE AND HOME 
AFFAIRS COOPERATION 
 
HELSINKI 00000696  001.2 OF 003 
 
 
¶1. (SBU) SUMMARY.  The U.S. and EU, under the chair of the Finnish 
Presidency, met in Helsinki on July 18 for the Informal Senior Level 
Justice and Home Affairs (JHA) Meeting.  Led by Acting INL DAS 
Elizabeth Verville, DOJ liaison to USEU Mark Richard, and DHS Acting 
A/S for Policy Development Paul Rosenzweig, USDEL continued its 
ongoing dialogue on issues related to counterterrorism, law 
enforcement, border security and migration.  USDEL emphasized the 
importance of building upon existing cooperation and improving 
coordination, most notably to ensure a continuous flow of 
information between respective law enforcement agencies.  In this 
regard, both sides welcomed the progress in negotiations for an 
agreement between the U.S. and Eurojust, as well as the final 
signature on the bilateral protocols that once ratified will enable 
the implementation of the U.S.-EU Mutual Legal Assistance (MLA) and 
Extradition Treaties. In addition, EU representatives confirmed that 
the passarelle option would be pursued under the Finnish Presidency 
and expressed hope that a final decision could be taken by December, 
which would thereby change decision making on justice related 
issues.  USDEL thanked the EU for receipt of its proposal for a 
revised Passenger Name Record (PNR) agreement and welcomed future 
discussions.  EU participants stressed the urgency to come to an 
agreement to cover the interim period, September 30, 2006 - November 
2007, before a new agreement could be concluded.  Lastly, EU reps 
requested the U.S. confirm a date for the U.S.-EU JHA 
Ministerial-Troika, proposed for November 6 in Washington. It was 
also suggested to hold the JHA High Level Policy Dialogue on Border 
and Transport Security (PDBTS) on the margins of the Ministerial 
meeting.  END SUMMARY. 
 
Counterterrorism and Security 
------------------------------ 
¶2.  (SBU) EU reps provided a status report on the implementation of 
the EU Counterterrorism (CT) Strategy.  While the EU is making 
progress on biometric requirements for passports, development of the 
Schengen Information System (SIS) II is facing technical 
difficulties and will likely not be ready by the April 2007 
deadline.  In response to a U.S. request for direct access for third 
countries to SIS II data, the EU stated it would be difficult to 
allow such access for political reasons, although there would be no 
technical impediments to sharing.  However, the EU is currently 
exploring whether the Interpol database system could serve as an 
alternative with respect to sharing of specific categories of data. 
The European Commission (Commission) also reported it has been 
consulting with private sector stakeholders on critical 
infrastructure protection and on the development of detection 
technologies in the field of CT.  On the latter initiative, the 
Commission will publish a green paper this summer and welcomes U.S. 
input.  In regards to the misuse of charities, the EU has held 
discussions with the nonprofit sector, but indicated that it does 
not intend to pursue a legislative approach at this stage as a way 
to prevent terrorist support being accomplished via such charities. 
 
 
¶3.  (SBU) U.S. and EU participants agreed on the importance of 
coordinating with G8 CT initiatives and of promoting further 
research on terrorist's misuse of the Internet in order to tackle 
radicalization and recruitment.  Richard stressed the importance of 
also focusing on operational issues in addition to concentrating on 
public diplomacy initiatives.  The Commission noted that an EU 
delegation visited Washington on July 17 for consultations on the 
EU's project to develop a non-emotive lexicon.  The EU is also 
establishing an expert advisory group that will issue two reports, 
one on the state of current research on radicalization due in 
November, and a second report on the phenomenon as such, which is 
due to be released in January 2007.  A/S Rosenzweig briefly 
described DHS efforts in this area, including DHS Science and 
Technology's research programs and civil integration initiatives in 
Citizen and Immigrant Services and suggested that both sides 
coordinate efforts to avoid unnecessary duplication. 
 
¶4.  (SBU) EU representatives stressed the importance of recent 
dialogue with regard to human rights and terrorism, emphasizing the 
importance of POTUS statements at the June Summit on the intention 
to close the Guantanamo detention facility and the recent Supreme 
Court ruling on military tribunals to try enemy combatants.  USDEL 
clarified that the Supreme Court ruling established Article III of 
the Geneva Convention as being applicable to enemy combatants and 
ruled that the system of military tribunals is inconsistent with 
U.S. law, which is being addressed by Congress. 
 
¶5.  (U) Under this item, USDEL also introduced Jane Horvath, DOJ's 
recently appointed Chief Privacy and Civil Liberties Officer.  She 
provided EU delegates with an overview of the data protection model 
in the U.S. government.  In particular, she highlighted the focus on 
the protection of privacy in the Administration's information 
sharing efforts.  [NOTE: On the margins, EU participants seemed very 
eager to learn more about Horvath's function within the U.S. system, 
 
HELSINKI 00000696  002.2 OF 003 
 
 
particularly as it related to data protection and oversight.  For 
example, Eurojust extended an invitation for Horvath to brief the 
organization on the Administration's data protection efforts. 
Europol requested a copy of her office's upcoming, statutorily 
mandated report.  The EU Council Secretariat representative made 
comparisons with Horvath regarding U.S. data protection and EU data 
protection. He indicated a desire to learn more. END NOTE] 
 
Justice and Law Enforcement Issues 
---------------------------------- 
¶6.  (SBU) Both sides praised the recent breakthrough in negotiations 
for a U.S.-Eurojust agreement, and highlighted the possibility of a 
signing ceremony at the U.S.-EU Ministerial in Washington this 
November.  Eurojust also indicated its intention to circulate a 
questionnaire that once completed would assist in further 
discussions on the use of intelligence in criminal proceedings.  In 
addition, with the final signature on the bilateral protocols of the 
U.S.-EU Mutual Legal Assistance (MLA) and Extradition Treaties, the 
EU and U.S. agreed that training would be critical to ensure proper 
and timely implementation, especially of the banking provision, and 
should not wait until ratifications are complete. 
 
¶7.  (SBU) Europol also noted that three countries had yet to ratify 
the third protocol to the Europol Convention, which would allow U.S. 
access to Europol's analytical case files thereby increasing the 
depth of operational cooperation. Europol indicated that it would 
reach out to these remaining countries and USDEL indicated its 
intention to do so as well.  USDEL also highlighted the need to work 
out processes for receiving requests from Europol as U.S. officials 
based in Europol had yet to develop a solid relationship with their 
Europol counterparts. 
 
¶8.  (SBU) In regard to the UN Convention against Corruption, 
Verville highlighted ongoing discussions in advance of the 
Conference of the States Parties (COSP) scheduled for December 2006 
and stressed the importance of examining the core provisions, 
including criminalization, international cooperation and asset 
recovery.  While monitoring would need to be looked at, Verville 
noted that a solid base for implementation must first be 
established.  The Finnish rep expressed a preference to focus first 
on a monitoring mechanism. 
 
¶9.  (SBU) In relation to the Balkans, USDEL noted that the draft 
charter for SECI contained stringent data protection provisions that 
would prevent cooperation with the U.S.  EU reps indicated that a 
second version is still in the drafting stages and offered no 
further information.  On counter-narcotics issues in Afghanistan, EU 
reps reacted cautiously to a U.S. proposal for Member States to use 
the 1988 UN Drug Convention as the basis for extradition of drug 
traffickers as they foresaw problems related to jurisdiction in such 
cases.  Eurojust agreed to take the issue back to The Hague and 
report the proposal to its members, getting back to the U.S. as soon 
as possible. 
 
¶10. (SBU) The EU reported that progress had been slow on the EU 
draft Data Protection Framework Decision, but hoped to complete it 
by end of this year.  EU reps refused to comment on how this 
Framework Decision could affect information sharing with third 
country law enforcement, or how or whether existing agreements would 
be preserved.  Rosenzweig also highlighted for the EU that a vast 
majority of current law enforcement cooperation is conducted 
informally and outside the framework of formal agreements.  The 
Finns also indicated that they will be moving forward on the 
passarelle option as a way to improve decision-making on justice and 
police matters and hoped for a decision by December.  Under this 
option, unspecified justice issues would be moved from consensus 
decision making by Member States (Third Pillar) to qualified 
majority voting (First Pillar).  Significantly, they would 
thereafter fall within the ambit of the current Pillar One Data 
Protection Directives, as well as Parliament involvement in any 
proposed legislation. 
 
¶11.  (SBU) Finally, USDEL informed EU reps that the U.S. would soon 
be placing an intellectual property (IP) enforcement coordinator in 
Eastern Europe, in addition to placing permanent IP attaches in 
select Embassies and Consulates.  USDEL also provided an overview of 
a meeting between FBI and the European Police College (CEPOL) to 
discuss potential avenues of cooperation.  The Commission emphasized 
that cooperation with the U.S. would have to be approved by the 
Council. 
 
Migration, Borders and Visa Issues 
---------------------------------- 
¶12.  (SBU) USDEL thanked the EU for receipt of the EU's proposal for 
a revised PNR agreement and welcomed future discussions.  EU 
participants stressed the urgency to come to an agreement to cover 
the interim period, September 30, 2006 - November 2007. In addition, 
 
HELSINKI 00000696  003.2 OF 003 
 
 
EU reps noted that some Member States will need to invoke 
Constitutional procedures to ratify a new agreement, which might not 
happen until 2007.  The EU hoped, but could not guarantee, that all 
Member States could put an agreement into immediate effect on a 
provisional basis, pending ultimate parliamentary endorsement. 
 
¶13. (SBU) The Commission delegation noted that the release of their 
latest report on visa reciprocity would likely be delayed until 
September. 
 
¶14.  (SBU) Rosenzweig urged EU Member States to share lost and 
stolen passport (LASP) data with Interpol and suggested that they 
confiscate LASPs when found at borders - as the US is doing. 
Frelick (State/CA) provided a progress report on administering U.S. 
e-passports.  In addition, the EU provided a brief overview of 
FRONTEX, which was established to facilitate operational cooperation 
at EU external borders.  EU reps noted that FRONTEX was seeking to 
establish working relationships with third countries and had thus 
far reached out to Russian Border Guards.  Rosenzweig indicated DHS 
interest in working cooperatively, particularly on best practices, 
and invited further discussion.  Rosenzweig also discussed 
developing aviation entry/exit screening in light of a possible 
pandemic to avoid stopping all international travel, and asked the 
EU to consider working with us to develop a common set of protocols 
or standards. The EU reps cautioned that data protection would need 
to be addressed before such cooperation could ensue which might 
include any effort to identify individual travelers. 
 
Other Issues 
------------ 
¶15.  (SBU) At the end of the meeting, German Director General Gunter 
Krause questioned when the Finnish Presidency would conduct the 
expert group meeting, as indicated in the May 4, Vienna communiqu, 
to discuss the future EU-U.S.-Russian tripartite cooperation and 
make recommendations for the German Presidency.  Verville inquired 
as to what topics the EU/Presidencies had in mind, as well as the 
advantages and recommendations of such a dialogue.  Verville 
suggested that the U.S. and EU discuss respective bilateral 
cooperation with Russia in advance of conducting a meeting that 
included other countries.  She also added that while the U.S. 
remained open to the concept, she was not in a position to put forth 
any suggestions as the U.S. had not yet identified discussion topics 
that would achieve concrete benefits.  The EU Presidency agreed with 
Verville's summation and suggestion. [NOTE: On the margins of the 
dinner, Krause, sensing a lack of enthusiasm from Finland or in 
Germany raised with Verville and Rosenzweig an uncleared proposal to 
continue the four Presidency-U.S.-Russian dialogue by, in essence, 
expanding the tripartite meeting with Russia to include Azerbaijan, 
Armenia, Moldova and Georgia.  In response to Verville's question as 
to what they would expect to raise/achieve in such an expanded 
meeting, Krause said he was looking for answers, but did not have 
one himself.  Krause said they would await an answer/reaction from 
the U.S., and Verville replied that such an answer would be 
facilitated by knowing what they had in mind by way of an agenda and 
outcomes.  END NOTE] 
 
¶16.  (U) The U.S. delegation included: Elizabeth Verville, State 
Acting INL DAS; Paul Rosenzweig, DHS Acting A/S for Policy 
Development; Mark Richard, DOJ Liaison to USEU; Kathleen Conway, CBP 
Liaison to USEU; Christine Cline, State/INL; Timothy Eydelnant, Emb 
Helsinki; Alcy Frelick, State/CA; Jane Horvath, DOJ; Kenneth Kolb, 
Emb Helsinki; Alessandro Nardi, State/EUR; Kenneth Prop, State/L; 
Michael Scardaville, DHS; and Jessica Steffens, State/INL. 
 
¶17. (U) EU participants included:  Antti Pelttari, Director General 
for the International Security Affairs Unit in the Finnish Ministry 
of Interior; Matti Jousten, EU-Coordinator in the Finnish Ministry 
of Justice; Giles de Kerchove, Director in the EU Council 
Secretariat; Paul Hickey, Director in the EU Council Secretariat; 
 
SIPDIS 
Marque Tung-Lai, Director of JLS General Affairs in the European 
Commission; Jan De Ceuster, Head of the Unit on Borders and Visas in 
the European Commission; Roelof-Jan Manshot, Vice-President of 
Eurojust; Maz-Peter Ratzel, Director of Europol; Michael Grotz, 
Deputy Director General of German Federal Ministry of Justice; 
Gunter Krause, German Federal Ministry of the Interior; as well as 
Vivian Loonela, Administrator in the European Commission; Christiane 
Hohmann, Administrator in the European Commission; Kari Rantama, 
Finnish Deputy National Police Commissioner; Pentti Visanen, Finnish 
Immigration Department; Kalle Kekomaki, Finnish Ministry of 
Interior; Elina Isoksela, Finnish Ministry of Justice; Sakari 
Vourensola, Finnish Ministry of Foreign Affairs (MFA); Leena 
Kiukkonen, Finnish MFA; Juha Rainne, Finnish MFA; Hikka Nenonen, 
Finnish MFA; and, Veli-Pekka Rautava, Finnish MFA. 
 
¶18.  (U) This cable has been cleared by the U.S. Delegation. 
 
WARE