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PP RUEHAG RUEHDF RUEHLZ
DE RUEHRL #0768/01 1031800
ZNR UUUUU ZZH
P 131800Z APR 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 7909
INFO RUCNFRG/FRG COLLECTIVE PRIORITY
RUEHKO/AMEMBASSY TOKYO PRIORITY 1426
RUEHWR/AMEMBASSY WARSAW PRIORITY 0644
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 1113
RUEHLO/AMEMBASSY LONDON PRIORITY 8159
RUEHFR/AMEMBASSY PARIS PRIORITY 8687
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1758
RUEHRO/AMEMBASSY ROME PRIORITY 0427
RUEHUL/AMEMBASSY SEOUL PRIORITY 0524
RUEHBK/AMEMBASSY BANGKOK PRIORITY 0236
RUEHBR/AMEMBASSY BRASILIA PRIORITY 0265
RUEHMD/AMEMBASSY MADRID PRIORITY 0630
RUEHME/AMEMBASSY MEXICO PRIORITY 0284
RUEHAT/AMCONSUL AMSTERDAM PRIORITY 0027
RUEHHK/AMCONSUL HONG KONG PRIORITY 0033
RUEHSO/AMCONSUL SAO PAULO PRIORITY 0052
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RUEHIN/AIT TAIPEI PRIORITY 0094
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RUEHBS/USEU BRUSSELS PRIORITY

UNCLAS SECTION 01 OF 03 BERLIN 000768 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAIR KHLS AMGT APER PTER CVIS ECON PREL CMGT
GM 
SUBJECT: GERMANY AGREES TO CBP IMMIGRATION ADVISORY PROGRAM 
FOR FRANKFURT 
 
REF: STATE 26738 
 
BERLIN 00000768  001.2 OF 003 
 
 
¶1. (SBU) Summary.  German Interior Ministry Director for Air, 
Sea, and Rail Security Dieter Romann told CBP Representative 
(Frankfurt) and Global Affairs Officer March 29 that Germany 
agrees to the U.S. proposal to post four CBP officers at 
Frankfurt Airport as part of the Immigration Advisory Program 
(IAP).  He believed the program could be implemented in 30-60 
days and undertook to notify appropriate German agencies 
(MFA, Federal Police).  Romann stressed the need for the IAP 
to work closely with the Federal Police (Bundespolizei and 
previously called the Border Police or Grenzschutz) in charge 
of immigration at the airport.  Romann raised several issues 
he hopes can be addressed before launching IAP at Frankfurt, 
including: (1) the disposition of checked luggage in the case 
of a "no board" recommendation, (2) the establishment of an 
agreed procedure in the case of complaints about the program, 
and (3) a decision on whether the U.S. will respond to the 
2004 German proposal for a bilateral Trusted Traveler 
program.  Mission Germany notes several issues concerning 
office space, ICASS, and security will need to be addressed 
in order to implement the program.  End Summary. 
MEETING WITH MOI 
---------------- 
¶2. (SBU) In the meeting, Romann stressed German priorities 
for close CBP-Federal Police cooperation, including informing 
the Federal Police of any "hits" so that the Federal Police 
might revisit their immigration-related decisions if 
necessary.  He also wanted to be sure IAP will act only in 
advisory capacity and would cover all U.S.-bound flights out 
of Frankfurt, not just German and/or U.S. airlines.  Romann 
offered to contact Frankfurt airport to encourage that IAP 
CBP officers be provided office space near the Federal 
Police.  He verified the IAP officers would be accredited to 
Consulate General Frankfurt and undertook to inform the MFA 
on this point. (He reported April 2 he had done so).  He said 
in principle the Federal Police want to establish informal 
cooperative liaison, so that it might be possible, at the 
Federal Police's request, to run the name of a passenger 
not/not bound for the U.S. by the IAP CBP officers.  He noted 
he had contacted his counterparts in other EU capitals and 
had been told the USG sometimes allows entry of an alien even 
if s/he is a no-fly or other "hit."  For this reason, Romann 
said, he wants to establish in advance agreed procedures for 
handling such cases, especially those that could become known 
in the press. 
¶3. (U) CBP Representative mentioned the APEC Regional 
Movement Alert System and urged Romann that Germany consider 
joining it at the appropriate time. 
MEETING WITH FRANKFURT AIRPORT, CARRIERS 
---------------------------------------- 
¶4. (SBU) ConGenOff and CBP Representative also discussed IAP 
with Frankfurt Airport (Fraport) and carrier interlocutors 
March 15.  Volker Wendefeuer, Fraport Senior Vice President 
and head of aviation operations, noted some negative 
perceptions by the German traveling public of U.S. 
port-of-entry personnel/procedures.  Wendefeuer noted 
construction at the airport -- some of it mandated by 
changing U.S. and European security procedures -- and 
indicated the airport might help locate office space in the 
terminal but would first need to know any particular 
requirements.  (The rate for office space at Fraport is about 
35 euros per square meter, per month).  American Airlines 
 
BERLIN 00000768  002.2 OF 003 
 
 
General Manager Janis Cameron-Scott, chair of the 
organization of carriers operating in Frankfurt, said 
carriers would support IAP to help avoid ambiguity and 
potential fines for transporting inadmissible passengers. 
Cameron-Scott also cautioned that German authorities are 
sensitive to any implication that USG personnel are 
interfering or duplicating German efforts.  She hopes 
carriers will have after-hours access to advice from IAP 
personnel.  Wendefeuer and Cameron-Scott provided ConGenOff 
and CBP Representative a tour of sample office space (a 20-30 
square meter office which could fit two workstations).  (CBP 
Comment: The space we were shown appeared adequate for IAP 
needs.  End Comment.)  Under ICAO rules, the airport is 
obligated to charge users in non-discriminatory fashion for 
services rendered. 
ICASS 
----- 
¶5. (U) Mission Germany does not see any insurmountable 
administrative impediments to the IAP, with the following 
caveats. 
-- ICASS Budget: Recent decisions at the Washington level to 
cap Mission Germany's base ICASS budget without reference to 
documented operational requirements would appear to restrict 
the Mission's ability to adjust the budget upward (per 
routine ICASS policy) to meet the support requirements of 
agencies with a growing presence in Germany.  Should this cap 
on funding not allow for the normal growth in the ICASS 
budget that should accompany increased overseas presence, 
Mission Germany will be unable to approve NSDD-38 requests 
for added staff. 
-- Accreditation: The German MFA will need to agree to 
accredit these new positions.  The Mission expects we will 
want to declare to the MFA that the IAP staff are members of 
the Consulate staff with offices there.  This declaration may 
help avoid controversy about staff being stationed outside 
the city, something which may spark German objections to 
accreditation.  Office space at Frankfurt airport, if any, 
would be seen as supplementary office space. 
-- Office space: USG-leased office space will need to meet 
security requirements (see below) and may raise the potential 
issue of how the German government would treat this space, 
i.e., as diplomatic in nature or not. 
-- Per Mission Germany's ICASS TDY policy, DHS/CBP will be 
charged for support to any TDY personnel sent for more than 
30 days if the cost exceeds $2,500.  The contemplated 
six-month TDY would trigger such a payment.   The Financial 
Management Office will prepare an ICASS TDY invoice which 
would include charges for Basic Package, Community Liaison 
Office, and Health Unit support.  DHS/CBP would be charged 
routinely (based on workload counts) for other desired ICASS 
services (such as cashiering or additional office space at 
the Consulate). 
-- An NSDD-38 request is required to establish new positions. 
-- ConGen Frankfurt likely will not have government-owned 
housing to accommodate IAP staff and families.  DHS/CBP 
should budget for short-term lease money in the event it is 
necessary to obtain short term leased housing. 
SECURITY 
-------- 
¶6. (SBU) RSO observes that given the close proximity of 
Frankfurt Airport to the Consulate General, a collocation 
waiver to the Secure Embassy Construction and 
Counterterrorism Act (SECCA) of 1999 may be required, with 
 
BERLIN 00000768  003.2 OF 003 
 
 
the approval of the Assistant Secretary for Diplomatic 
Security.  Such a waiver will be unsuccessful without a safe 
and secure office site for the IAP employees.  The NSDD-38 
needs to state that these off-compound offices are contingent 
on the collocation waiver approval.  There may also be 
security enhancement costs for this initiative. 
P AND I: CONTAINER SECURITY INITIATIVE (CSI) EXPERIENCE 
----------------------------------- 
¶7. (SBU) Concerning the issue of Privileges and Immunities, 
ICE Representative in Frankfurt notes that CSI staff on TDY 
status do not hold accreditation, only personnel assigned 
permanently to Hamburg do.  The initial difficulty obtaining 
accreditations for the CSI employees was due to their working 
outside of Consulate General Hamburg.  The German government 
(along with the governments of the UK, France, and Italy) was 
hesitant to grant privileges and immunities to personnel 
working at a distance from the consulate or embassy.  (Please 
note that Washington employs the same rules on accreditation 
encountered by CSI employees).  The Embassy will request P 
and I for the new positions at the airport since they should 
be within the Consulate limits.  The TDY employees will 
travel on official passports, receive a German visa in 
Washington before their travel, and update it in Germany as 
necessary.  They will not exceed one year in TDY status and 
are unaccompanied -- although family members do visit.  DHS 
will be assessed ICASS support for the long duration TDY 
personnel. 
TIMKEN JR