VZCZCXRO0302
OO RUEHFK RUEHKSO RUEHNAG RUEHNH
DE RUEHKO #4970/01 2420917
ZNR UUUUU ZZH
O 300917Z AUG 06
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5886
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC IMMEDIATE
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 3979
RUEHBY/AMEMBASSY CANBERRA PRIORITY 1752
RUEHUL/AMEMBASSY SEOUL PRIORITY 0109
RUEHFK/AMCONSUL FUKUOKA PRIORITY 7857
RUEHNAG/AMCONSUL NAGOYA PRIORITY 7662
RUEHNH/AMCONSUL NAHA PRIORITY 0426
RUEHOK/AMCONSUL OSAKA KOBE PRIORITY 1195
RUEHKSO/AMCONSUL SAPPORO PRIORITY 8965

UNCLAS SECTION 01 OF 05 TOKYO 004970 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AMBASSADOR MICHAEL MICHALAK AND L (SPROSSER) 
DEPARTMENT OF HOMELAND SECURITY FOR KSAVA, DPALMERI, KBROWN 
 
E.O. 12958: N/A 
TAGS: PTER JA
SUBJECT: IMMIGRATION ADVISORY PROGRAM: NOTE VERBALE AND MOO 
FOR CLEARANCE 
 
REF: STATE 138354 
 
¶1.  (SBU) This is an action request.  Please see para 3. 
 
¶2.  (SBU) Embassy Tokyo greatly appreciates the efforts made 
by the joint Department of State-Department of Homeland 
Security delegation to secure agreement on the Immigration 
Advisory Program (IAP) documents.  As agreed during the 
negotiations, the Ministry of Foreign Affairs (MOFA) after 
reviewing the draft Note Verbale and the three Memoranda of 
Operation (MOO) (para 4-7) returned them to the Embassy with 
only one minor change to the MOJ MOO on August 30.  (Note: 
Word versions will be forwarded separately by unclassified 
e-mail.)  MOFA assures us that the relevant ministries and 
agencies have reviewed the documents and are ready to move 
forward.  Officials at the Director General level plan to 
sign the MOO, and MOFA expressed hope that officials at the 
same level will sign for the United States. 
 
¶3.  (SBU) The Department and DHS are asked to review the 
proposed drafts and reply with clearance or further comment. 
 
¶4.  (SBU) Text of Note Verbale 
 
Begin text 
 
The Ministry of Foreign Affairs presents its compliments to 
the Embassy of the United States of America in Japan and has 
the honor to inform the Embassy of the following; 
 
The Government of Japan, 
 
Recognizing the close and productive relations between the 
immigration authorities of Japan and the United States of 
America; 
 
Recognizing that there is significant passenger air travel 
between Japan and the United States of America; 
 
Noting that the threat of international terrorism remains 
serious, and, in this situation, it is of vital importance 
for both countries to protect the security of aircraft and 
passengers from the threat of terrorist attacks; 
 
Taking into account that many terrorists and other criminals 
who are involved with international crime travel beyond 
borders by using fraudulent travel documents; 
 
Recognizing that, particularly from the viewpoint of 
countering terrorism and international crime, it is very 
useful for the airline carriers to receive advice from 
government experts on the detection of fraudulent travel 
documents; 
 
Noting also that airline carriers benefit from advice they 
receive from government experts not only on the detection of 
fraudulent travel documents but also on the adequacy of the 
documentation required to enter the country of destination; 
 
Convinced that the immediately above-mentioned approach would 
further contribute to the facilitation of the air travel 
between the two countries; and 
 
Noting that the Government of the United States of America 
proposed to start a pilot project of the Immigration Advisory 
Program (hereinafter referred to as the "IAP"), which 
consists of sending one country's government officials with 
expertise to certain airports in the other country with the 
objective of giving advice to the airline carriers; 
 
Expressed its intention to allow relevant officials of the 
Government of the United States of America to be stationed at 
Narita International Airport under the IAP on a reciprocal 
basis, consistent with the following paragraphs 1 to 7. 
 
¶1.    Framework 
(1)   During the period of the pilot project of the IAP, 
officers of the US Customs and Border Protection (hereinafter 
referred to as "the IAP officers") plan to be stationed at 
 
TOKYO 00004970  002 OF 005 
 
 
the Narita International Airport.  The IAP officers are not 
to exercise any powers or law enforcement authority and are 
to work in accordance with relevant laws and regulations of 
Japan. 
 
(2)   An airline carrier that operates flights destined for 
the United States of America may voluntarily seek advice and 
assistance from the IAP officers located in Japan, 
particularly with respect to (i) whether a travel document of 
a specified passenger is authentic or not and/or (ii) whether 
a specified passenger has the proper documentation to enter 
or transit the United States of America or not. 
 
If the IAP officers have advance information indicating that 
a specified passenger is likely to be found inadmissible upon 
arrival in the United States, the IAP officers may advise the 
airline carrier when appropriate.  Upon receiving the 
information, the airline carrier may voluntarily seek 
additional advice and/or assistance from the IAP officers on 
(i) and/or (ii) mentioned above. 
 
In providing advice and assistance to the airline carriers, 
the IAP officers may, in conjunction with airline personnel, 
interact with any specified/identified passenger(s), if there 
is a particular request from the airline carrier or the 
specified passenger. 
 
(3)   If the IAP officers recognize and /or identify, through 
the use of passenger assessment that a certain passenger is 
likely to be found inadmissible upon arrival in the United 
States of America as a result of the process stipulated in 
the paragraph 1.(2), the IAP officers may advise the airline 
carrier. The airline carrier may then independently review 
the information available to it and decide whether to allow 
the passenger to board. 
 
¶2.    Details of the activities of the IAP officers. 
(1)   The IAP officers dispatched pursuant to this pilot 
arrangement are not to be received by the Government of Japan 
as members of the diplomatic mission nor the consular posts. 
 
(2)   The relevant authorities of both governments intend to 
separately prescribe the details of the operational protocol 
of the IAP officers' activities. 
 
(3)   It is expected that information which the IAP officers 
obtain in Japan, except those information obtained from CBP 
database systems, including that on the passengers who are 
denied boarding as a result of the activities of the IAP 
officers, is to be used only for the purpose of facilitating 
the work of immigration control of the Government of the 
United States of America.  Any other use of this information 
would be governed by existing applicable agreements and 
relevant domestic laws of both governments. 
 
¶3.    Relation with the airline carriers 
(1)   The IAP officers are normally expected to give advice 
verbally, however, if requested by the airline carriers, IAP 
officers may also provide written information. 
 
(2)   The IAP officers are not expected to perform any 
activity that imposes additional requirements on the airline 
carriers, such as requesting information including Passenger 
Name Record data, which exceeds the scope of information 
currently required by Advance Passenger Information (API), 
nor may they cause delays in boarding procedures. 
 
¶4.    Cooperation with the relevant authorities of the 
Government of Japan 
(1)   In order to implement the IAP smoothly and effectively, 
the IAP officers are expected to closely cooperate with the 
relevant authorities of the Government of Japan, to include 
the exchange of relevant information, in accordance with 
relevant laws and regulations of Japan and the United States 
of America. 
 
(2)   If the IAP officers have advance information indicating 
that a specified passenger is likely to be found inadmissible 
upon arrival in the United States, the IAP officers are 
 
TOKYO 00004970  003 OF 005 
 
 
expected to convey the relevant information to the 
appropriate authorities of the Government of Japan and the 
airline carriers, as soon as possible, to the extent 
practicable and authorized by U.S. law. 
 
(3)   The exchange of information between relevant 
authorities of both governments is intended to be governed by 
existing applicable arrangements between the U.S. and Japan, 
or to the extent not already covered by existing 
arrangements, the exchange of information may be addressed by 
separate arrangements made by mutual consent between those 
authorities. 
 
¶5.    Commencement, Period, Suspension, and Termination of 
the pilot project of the IAP 
(1)   The pilot program of the IAP is expected to commence 
when the Government of Japan receives from the Government of 
the United States of America a diplomatic note in reply, 
indicating its intention to commence activities consistent 
with the provisions set forth in this Note Verbal.  The pilot 
program of the IAP is intended to last for a period of one 
hundred and eighty (180) days from the day when the IAP 
officers start their work aforementioned in paragraph 1 above. 
 
(2)   If both governments intend to extend the pilot program 
of the IAP beyond the period of one hundred and eighty days, 
both governments are expected to initiate a subsequent 
exchange of diplomatic notes before the initial period 
expires.  Either government may suspend or terminate the 
pilot program of the IAP by informing the other of its 
intention via diplomatic note.  Either party, in terminating 
its cooperation, should provide at least thirty (30) days 
prior written notification. 
 
¶6.    Bearing of the expenses 
All US expenses for IAP costs of operation by the US in Japan 
are to be paid by the Department of Homeland Security as 
separately prescribed in the Memorandum of Operations. 
 
¶7.    Others 
(1)   If either government seeks to modify the 
above-described arrangements, both governments are expected 
to consult with each other through the diplomatic channel 
beforehand. 
 
(2)   The relevant authorities of both governments are 
expected to closely cooperate and consult with each other, as 
necessary, on any IAP subjects, which are not addressed in 
this Note Verbale. 
 
(3)   Should the Government of Japan seek to send relevant 
government officials to airports in the United States of 
America, the Government of the United States intends to work 
with relevant authorities at U.S. airport(s) which are 
mutually identified, to determine the feasibility and details 
of stationing such Japanese officials on a pilot basis at 
such U.S. airport(s), with the aim of securing implementation 
of such program consistent with the terms of this arrangement. 
 
(4)   This Note Verbale does not create rights and 
obligations binding under international law, nor does it 
create or confer any right or benefit on any person or party, 
private or public. 
 
(5)   This Note Verbale and the US replying Note Verbale are 
considered to be a sensitive communication between the two 
governments and are not intended to be disclosed to the 
public except as may be required by law and with consultation 
by both governments.  The modalities of the publicity on the 
implementation of the pilot project of the IAP are expected 
to be the subject of consultations between both governments. 
 
End text of note verbale 
 
¶5.  (SBU) Text of MOO with the National Police Agency 
 
Begin text 
 
United States Customs and Border Protection, Department of 
 
TOKYO 00004970  004 OF 005 
 
 
Homeland Security (hereinafter referred to as "CBP") and the 
Security Bureau, National Police Agency of Japan intend to 
implement the following operations concerning the Immigration 
Advisory Program (hereinafter referred to as the "IAP") which 
is operated at the Narita International Airport (hereinafter 
referred to as the "Narita Airport") in the context of the 
arrangements described in the exchange of diplomatic notes 
dated, XXX, XXX, 2006, and XXX 2006, respectively: 
 
      ¶1.  In the instance where an intended passenger who is 
booked on a flight to the United States from Narita Airport 
is suspected of being a terrorist or serious criminal, the 
IAP Officers and the Department of Homeland Security Officers 
are to inform Chiba Prefectural Police and /or National 
Police Agency of Japan of all relevant information regarding 
that passenger (e.g. the name, the passport number, the 
reason(s) why the above mentioned passenger is suspected, 
etc.) as soon as possible, and to the extent practicable and 
authorized by law. 
 
      ¶2.  The IAP officers and/or the Department of Homeland 
Security Officers should provide the above information in 
writing upon request of Chiba Prefectural Police and/or the 
Security Bureau, National Police Agency of Japan, to the 
extent practicable and authorized by law. 
 
Security Bureau 
Customs and Border Protection 
National Police Agency 
Department of Homeland Security 
Japan 
      United States of America 
 
End text of MOO with NPA 
 
¶6.  (SBU) Text of MOO with the Ministry of Justice 
 
Begin text 
 
United States Customs and Border Protection, Department of 
Homeland Security (hereinafter referred to as "CBP") and the 
Immigration Bureau, Ministry of Justice of Japan intend to 
implement the following operations concerning the Immigration 
Advisory Program (hereinafter referred to as the "IAP") which 
is operated at the Narita International Airport (hereinafter 
referred to as the "Narita Airport") in the context of the 
arrangements described in the exchange of diplomatic notes 
dated XXX, XXX, 2006, and XXX 2006, respectively: 
 
      ¶1.  CBP intends to inform Narita Airport District 
Immigration Office (hereinafter referred to as the "Narita 
Immigration Office"), Tokyo Regional Immigration Bureau, in 
advance of the number, names, posts, the name of the 
supervisor, and mobile and fixed telephone numbers of 
officials who are dispatched to Narita Airport for IAP and to 
update that information, as necessary to reflect any changes 
thereto. 
 
      ¶2.  Narita Immigration Office intends to pass the 
information above to Chiba Prefectural Police and the Narita 
International Airport Corporation Security Department (NAA) 
when informed by CBP Officials. 
 
      ¶3.  In the instance where an intended passenger who is 
booked on a flight to the United States from Narita Airport 
is suspected of being a terrorist,  serious criminal, or 
otherwise inadmissible to the United States, the IAP Officers 
and the Department of Homeland Security Officers should 
inform the Narita Immigration Office of all relevant 
information regarding that passenger as soon as possible, to 
the extent practicable and authorized by law. 
 
      ¶4.  In the instance where the IAP Officers advise an 
air carrier that a passenger may not meet admission 
requirements for the United States and the air carrier makes 
a final decision that the passenger will not be permitted to 
board the flight, the IAP Officers should inform the Narita 
Immigration Office of all relevant information on that 
passenger, to the extent practicable and authorized by law. 
 
TOKYO 00004970  005 OF 005 
 
 
 
Immigration Bureau                            Customs and 
Border Protection 
Ministry of Justice                               Department 
of Homeland Security 
Japan 
United States of America 
 
End text of MOO with MOJ 
 
¶7.  (SBU) Text of MOO with the Ministry of Land, 
Infrastructure and Transport 
 
Begin text 
 
United States Customs and Border Protection, Department of 
Homeland Security (hereinafter referred to as "CBP") and the 
Japanese Civil Aviation Bureau (JCAB), Ministry of Land, 
Infrastructure and Transport intend to implement the 
following operations concerning the Immigration Advisory 
Program (hereinafter referred to as the "IAP") which is 
operated at Narita International Airport (hereinafter 
referred to as "Narita Airport") in the context of the 
arrangements described in the exchange of diplomatic notes 
dated XXX, XXX, 2006, and XXX 2006, respectively: 
 
      ¶1.  CBP intends to apply to the relevant authorities, 
including Japan Customs at Narita Airport and the Narita 
Airport Authority (NAA), and to obtain all necessary airport 
entry permits, to include access to passenger terminal 
airside areas; passenger boarding gate areas; and 
international transit areas, before start of operations by 
IAP officers. 
 
      ¶2.  IAP officers are to comply with all rules and 
regulations provided by Japanese authorities regarding 
security during IAP operations at Narita Airport. 
 
      ¶3.  All U.S. expenses for IAP costs of operation by the 
U.S. in Japan, including office space and other related 
utility services provided by NAA, are to be paid by the 
Department of Homeland Security. 
 
U.S. Customs and Border Protection, 
Department of Homeland Security 
United States of America 
 
 
Narita International Airport Division, 
Japanese Civil Aviation Bureau 
Ministry of Land, Infrastructure and Transport 
Japan 
 
Aviation Security Office, 
Japanese Civil Aviation Bureau 
Ministry of Land, Infrastructure and Transport 
Japan 
 
End text of MOO with MLIT 
DONOVAN