VZCZCXYZ0024
PP RUEHWEB

DE RUEHSN #1044/01 1491810
ZNR UUUUU ZZH
P 291810Z MAY 07
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC PRIORITY 6442
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY
RHMCSUU/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY

UNCLAS SAN SALVADOR 001044 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR WHA/CEN, DHS FOR KEVIN O'REILLY 
 
E.O. 12958: N/A 
TAGS: KHLS PGOV PHUM PREL PREF SMIG ES
SUBJECT: EL SALVADOR SIGNS E TRAVEL DOCUMENT MOU 
 
REF: A. 06 STATE 188230 
 
     ¶B. STATE 38855 
 
¶1.  (SBU) In a private signing ceremony late in the afternoon 
on May 18 Ambassador Glazer (on behalf of ICE), Vice Minister 
of Foreign Affairs Margarita Escobar, and Minister of Public 
Security and Justice Rene Figueroa signed the E Travel 
Document Memorandum of Understanding between DHS and the 
GOES.  Only the English version of the document was signed. 
Post will coordinate the signing of the official translation 
in Spanish as soon as the Department Translation Services 
provides a clean copy reflecting the last minute changes. 
Based on the signing of the version in English, however, the 
agreement is now already in effect.  A PDF version of the 
final scanned document has already been sent to WHA/CEN and 
DHS.  Post wishes to thank Washington for flexibility in the 
negotiation of the last minute changes presented by the GOES. 
 
 
¶2.  (SBU)  During the signing ceremony, the Salvadoran 
participants expressed their worry that the FMLN is already 
using the existence of this agreement to make the case that 
the ARENA government is allowing for an increase in criminal 
deportations, which is a very sensitive issue in the 
bilateral relationship.  (Note: The FMLN even claims that the 
GOES is being paid by the USG for an increase in 
deportations.  End Note).  Both emboffs and the Salvadorans 
discussed plans to make a joint press release about the 
signing to dispel myths and underline the idea that this 
agreement is beneficial to the GOES as an information sharing 
tool that will better inform Salvadoran authorities.  Though 
the existence of the agreement leaked to the press from the 
Salvadoran side two days before the actual signing, it has 
not reappeared in the press since then, and thus post has 
decided to abstain from any public comment unless the issue 
surfaces again, at which point post can rely on cleared press 
guidance provided by DHS. 
 
¶3.  (SBU)  Following is the text of the agreement signed 
 
Memorandum of Understanding 
between the 
Ministry of Foreign Affairs of El Salvador, 
Ministry of Public Safety and Justice of El Salvador, 
and 
U.S. Department of Homeland Security, as represented by 
U.S. Immigration and Customs Enforcement 
 
 
1.0  SECTION 1 - PURPOSE 
 
The intent of this Memorandum of Understanding (MOU) is to 
document the data sharing arrangements between the U.S. 
Department of Homeland Security (hereinafter, "DHS"), as 
represented by U.S. Immigration and Customs Enforcement 
(hereinafter "ICE"), a component of DHS, and The Ministry of 
Foreign Affairs, and The Ministry of Public Security and 
Justice for the Government of El Salvador (GOES) 
(hereinafter, "GOES Participants"), and to identify steps to 
provide overall security safeguards on the data and equipment 
to be shared. Notwithstanding any language used herein, 
however, nothing in this MOU is intended to give rise to 
rights or obligations under international law nor modify 
current legislation of either party; the MOU reflects the 
firm political commitments of ICE and the Government of El 
Salvador to operate in accordance with the provisions 
detailed herein. 
 
1.1  Authorities, in part, as pertinent to this MOU 
--ICE has authority to enter this MOU with the GOES 
Participants pursuant to its removal authority in 8 U.S.C. u 
1231 (a) and (b). 
 
1.2  Points of Contact (POC) 
For all issues associated with this MOU, the established 
points of contact are as follows: 
DHS/ICE James Joseph: 202-732-2876, james.joseph@dhs.gov 
GOES: Alfredo Morales, amorales@rree.gob.sv 
 
2.0  SECTION 2 DATA SHARING 
 
The express intent of this MOU is to allow GOES Participants 
access to the ICE electronic Travel Document (eTD) system in 
order to obtain unique information on aliens that ICE is 
attempting to repatriate to El Salvador.  ICE may provide the 
GOES Participants with an individual alienQ,s status, 
history, and other background information. The GOES Ministry 
of Foreign Affairs personnel are to be given direct access to 
the eTD system in order to issue travel documents for 
Salvadorans to be repatriated from the United States, that 
ICE believes are nationals of El Salvador.   ICE currently 
communicates with foreign governments by providing the same 
information through a variety of media, including the 
transfer of paper documents.  It is the intention of ICE and 
the GOES Participants to minimize or eliminate the 
unnecessary delays associated with this practice by providing 
the GOES Participants access to the ICE eTD system. 
 
2.1  Operating Environment 
 
a)  ICE is to loan the Ministry of Foreign Affairs of El 
SalvadorQ,s Embassy and Consulates located in the United 
States ICE-owned and configured laptop computers for purposes 
consistent with this MOU.  Authorized personnel of the 
Ministry of Foreign Affairs of El Salvador are only to 
connect to the ICE eTD system to review and modify biographic 
information using ICE loaned laptop computers.  No connection 
to the DHS/ICE Wide-Area Network (WAN) is authorized.  ICE 
may loan to GOES Participants laptop computers for purposes 
consistant with this MOU, including law enforcement purposes. 
 The GOES Participants are to maintain physical security and 
access control of this equipment as set forth in Section 4 
Information Security Requirements of this MOU. 
 
b)  ICE is to maintain ownership of ICE laptop computers 
loaned to the GOES Participants pursuant to this MOU.  ICE is 
to retain approval authority as to the placement of ICE 
equipment in GOES Participant facilities. System 
administration and maintenance of ICE-owned laptops are the 
sole responsibility of ICE. 
 
3.0  GOES Participant Responsibilities 
 
3.1  GOES Participants Responsibilities 
 
3.1.1  The GOES Participants are to designate, to ICE, 
specific personnel to have access to the eTD system and DHS 
equipment and resources. 
 
3.1.2  The GOES Participants are to ensure that all 
designated personnel have been provided the ICE Computer 
Security Awareness Training Course (CSAT).   The designated 
ICE Information System Security Officer (ISSO) is to provide 
the appropriate training and material to all GOES 
Participants authorized eTD users to complete the required 
CSAT Course.  The GOES Participants are allowed to make 
copies of the training material for authorized users. 
 
3.1.3  The GOES Participants are to present to ICE their 
process for conducting background investigations on their 
personnel for an ICE determination of whether such 
investigations are equivalent to DHS requirements.  To the 
extent that the GOES ParticipantsQ, process for conducting 
background investigation is not equivalent to DHS 
requirements, ICE is to notify the GOES Participants of 
additional steps that could be taken by the GOES Participants 
that would result in the process being equivalent to the DHS 
requirements. 
 
3.1.4  The GOES ParticipantsQ, staff responsibilities 
include, but are not limited to, the following: Ensuring that 
any equipment used by the GOES Participants to access DHS/ICE 
information is in a secure environment with adequate physical 
and networking control to preclude unauthorized access. 
 
3.1.5  Processing Travel Document Requests 
 
3.1.5.1  Authorized Ministry of Foreign Affairs personnel are 
to have access to download/export biographic and biometric 
(photograph, right index fingerprint, and left index 
fingerprint) information in a compressed format.  This data 
can be accessed multiple times. 
 
3.1.5.2  Authorized users may sign onto the ICE eTD system 
and review the repatriateQ,s biographic information and 
removal documentation.  The Embassy and Consulate authorized 
user may update, edit, and save biographic information 
relating to the repatriate, using ICE loaned equipment. 
 
3.1.5.3  When the authorized user determines the repatriate 
is a Salvadoran national, the  travel document is ready to be 
issued.  A travel document number is to be entered for 
validation for by the Consular officer for each travel 
document to be issued in the ICE eTD system.  This biographic 
information, digitized signature, photograph, and electronic 
fingerprints are to populate the travel document template 
which resides on the ICE eTD system.  The issued travel 
document using the ICE eTD may be printed and/or saved 
electronically. The eTD system is not to be connected to any 
GOES system. 
 
(Diagram available in PDF version only) 
 
3.1.5.4  After the travel document is issued the updated 
information is to be available for the GOES Participants to 
download/export. 
 
3.1.5.5  Individual documents in the ICE eTD system may be 
viewed, printed and/or saved, electronically. 
 
3.2  ICE Responsibilities 
 
3.2.1  ICE is responsible for granting final user access to 
GOES ParticipantsQ, personnel to the eTD system. 
 
3.2.2  ICE is to loan the GOES Ministry of Foreign Affairs 
Embassy and Consulates in the United States, ICE-owned and 
configured laptop computers, which are to include all 
appropriate administrative and security software and 
hardware.  ICE may loan to GOES Participants laptop computers 
for purposes consistant with this MOU, including law 
enforcement purposes.  ICE is to retain approval authority as 
to the placement of ICE equipment in GOES Participant 
facilities. 
 
3.2.3  ICE is to provide the GOES ParticipantsQ, personnel 
with the appropriate training necessary to operate and 
maintain security of the eTD system. 
 
3.2.4  Submitting and Processing Travel Document Requests 
 
3.2.4.1  The ICE official queries ICE databases to collect 
biographic and biometric information regarding the repatriate 
for whom a Travel Document is requested. 
 
3.2.4.2  The biographic and biometric information is uploaded 
to the Consular Application of the ICE eTD system.  The 
process of uploading this information to the Consulate 
application of the eTD system is to be considered a formal 
request for the issuance of a travel documents for the 
purpose of repatriation. 
 
3.2.4.3  The ICE field office is to print the travel document 
from the ICE eTD system,  which  can be used for the 
repatriation of Salvadoran nationals. 
 
3.2.4.4  Once a month, ICE is to total the number of travel 
documents that were issued in the previous month and is to 
make available for transfer the travel document processing 
fees for each travel document issued in the ICE eTD system. 
 
4.0  SECTION 4 - INFORMATION SECURITY REQUIREMENTS 
 
4.1  Formal Security Policy 
 
ICE is to comply with existing federal security and privacy 
laws, regulations, policy, and guidance established to 
protect federal systems and data.  The GOES Participants are 
to comply with their own internal security and privacy laws, 
regulations, and guidance, as well as any standards 
identified by ICE and the GOES Participants during the 
duration of this MOU as applicable to the activities under 
this MOU.  The GOES Participants are to comply with 
conditions set forth in this MOU. 
 
4.2  General Information/Data Description 
 
The ICE eTD system is an application that is used system-wide 
throughout ICE.  The GOES Participants are to have the 
capability to view information in the eTD system on each 
subject alien for which ICE is seeking a travel document from 
the Ministry of Foreign Affairs of El Salvador. This data 
includes, but is not limited to, biographical, personal, 
criminal, legal, and other immigration information.  This 
data is considered to be sensitive because it contains 
personal identifying information.  It should be provided only 
to those personnel who have a need to know for purposes of 
their official duties consistent with the terms of this MOU. 
See also Section 4.5.h Safeguarding of Information of this 
MOU. 
 
4.3  Services Offered 
 
ICE is to provide the GOES Participants access to the eTD 
system through an Internet connection. For the duration of 
this MOU, ICE may place such laptops and related peripherals 
within the GOES ParticipantsQ, facilities to enable access to 
the eTD system for the processing of travel documents and/or 
other designated uses, as approved by ICE.  ICE is not 
authorizing any direct connection to DHS or ICE networks or 
systems beyond the eTD system.  The GOES Participants are to 
immediately return all ICE-owned equipment to ICE at any time 
there is a cessation of activities under this MOU, or at any 
time ICE requests the return of such equipment for any 
reason.  All Internet service connection costs to access the 
eTD system are to be the responsibility of the GOES 
Participants.  ICE is not to charge the GOES Participants for 
access to the eTD system.  ICE is to provide technical 
support, as deemed necessary by ICE, in order for the GOES 
Participants to gain and maintain access to the eTD system. 
 ICE is to retain approval authority as to the placement of 
ICE equipment in GOES Participant facilities. 
 
4.4  User Community 
 
The user community is to be restricted to authorized 
employees of the GOES Participants who have been designated 
by the GOES Participants and approved by ICE to have access 
to the eTD system and have a need to know.  ICE is to assign 
and identify an administrator to maintain a control sheet 
that includes but is not limited to the name, rank, date of 
birth, and duration of access for all authorized personnel 
having access to the eTD system.  Each user is to be a unique 
name and their names are to be provided to ICE before any 
access is granted. 
 
4.5  Trusted Behavior Expectations 
 
The GOES Participants are expected to protect any information 
through the implementation of security controls, as detailed 
below: 
 
a)  Anti-Virus/Encryption - ICE is to ensure that all 
ICE-owned laptop computers accessing the eTD system utilize 
ICE anti-virus and encryption software. 
 
b)  Authorization - The GOES Participants are to provide 
access to ICE-owned equipment only to those employees who 
have been authorized by the GOES Participants and DHS.  The 
approval of this MOU does not constitute an agreement to 
establish individual system user accounts. 
 
c)  Data Storage - The GOES Participants are permitted to 
replicate or store any eTD information in an electronic or 
hardcopy format.  Authorized GOES Participant personnel are 
to have access to download/export biographic and biometric 
(photograph, right index fingerprint, and left index 
fingerprint) information in a compressed format.  This data 
can be accessed multiple times.  Any eTD information, 
regardless of format, is to be secured in at least one of the 
following: a locked office, room, desk, bookcase, file 
cabinet, or other storage, prohibiting access by unauthorized 
persons. 
 
d)  Disabled Sessions - eTD is to be configured by ICE to 
automatically disable inactive eTD sessions so that 
authentication is necessary to re-establish a session after a 
period of inactivity pursuant to DHS policy. This setting is 
not to be overridden. 
 
e)  Notification - The GOES Participants are to notify the 
ICE POC immediately upon the termination or departure of any 
of its approved end users. 
 
f)  Passwords - Passwords are not to be shared among users. 
 
g)  Printing - The GOES Participants are permitted limited 
printing functionality for purposes consistent with the 
purposes of this MOU.  These printouts are for official 
business of the GOES Participants in the issuance of travel 
documents and law enforcement activities, and are not to be 
released to outside entities without the expressed written 
consent of ICE. 
 
h)  Safeguarding of Information -  Subsequent uses and 
treatment of information shared under this MOU are to be 
restricted by the following conditions: 
   i.  Information is shared pursuant to an express 
understanding of confidentiality.  Such information is to be 
accorded protection from disclosure to third parties to the 
extent permissible under the domestic laws of the Government 
of El Salvador and the laws of the United States, 
respectively, including the Freedom of Information Act, 5 
U.S.C. 552, and the Privacy Act 5 U.S.C. 552a; 
   ii. Information received pursuant to this MOU is not to be 
used or disclosed except for purposes consistent with this 
MOU, as otherwise approved in writing by ICE and the GOES 
Participants, or as otherwise required by law; 
   iii. Where a GOES Participant or ICE receives a request 
for information obtained as a result of this MOU or as an 
analytical product based thereon, the GOES Participant and 
ICE are to confer prior to responding to the request; 
   iv.  The GOES Participants are to obtain permission for 
the disclosure to third parties of information received 
pursuant to this MOU prior to making such disclosure, unless 
there is a compelling need that would justify not seeking 
permission prior to disclosure, in which case notice of the 
disclosure is to be given as soon as practicable thereafter. 
A compelling need exists when there is a threat to the life 
or physical safety of a member of the public and disclosure 
of the information could alleviate the threat.  Likewise, 
where the disclosure is mandated by law, notice of the 
intended disclosure is to be given as soon as is practicable 
 
i)  Data Modifications - The Ministry of Foreign Affairs of 
El Salvador is permitted to modify editable fields within the 
Consulate Application of the eTD System.  This information is 
limited to biographic information relating to the subject 
alien, which the Ministry of Foreign Affairs of El Salvador 
accesses through eTD, and is relevant to the issuance of a 
travel documents. 
j)  Usage - ICE-owned laptops are to be used only for 
purposes consistent with this MOU. 
 
4.6  Incident Reporting 
 
The GOES Participants are to document and notify the ICE POC 
listed in Section 1.2 of this MOU immediately of any computer 
security incident while utilizing the eTD system.   This 
includes, but is not limited to, unauthorized access to an 
ICE-owned laptop or system or the loss or damage to ICE-owned 
equipment. The GOES Participants may be asked to assist ICE 
in the event additional follow up is needed. 
 
4.7 Audit Trail Responsibilities 
All activity on ICE-owned equipment and eTD session activity 
may be recorded by ICE.  ICE may periodically scan and audit 
ICE-owned equipment. 
 
4.8  Training and Awareness 
 
The GOES Participants are to inform all personnel of the 
confidential nature of eTD information.  The designated ICE 
 
SIPDIS 
Information System Security Officer (ISSO) is to provide the 
appropriate ICE Computer Security Awareness Training and 
material to the designated GOES Participants authorized users 
of the eTD system. The GOES Participants can make copies of 
any training material provided.  The GOES Participants are to 
provide to the ICE POC, if requested, documentation that 
shows that all users have successfully completed the required 
annual training. 
 
4.9  Specific Equipment Restrictions 
 
All ICE-owned equipment is to be located in a secure area not 
accessible to the public and restricted to authorized 
personnel. A secure area is one that prevents unauthorized 
personnel from accessing secure facilities, and/or other 
designated locations approved by ICE, of the GOES 
Participants.  Unauthorized personnel include any persons who 
do not have the authority to access a facility and utilize 
ICE-owned equipment housed in said facility. 
 
4.10  Security Documentation 
 
The GOES Participants are to utilize the eTD system in a 
manner that protects the confidentiality of the records in 
such a way that unauthorized persons cannot retrieve ICE 
records by means of computer, remote terminal, or any other 
access. The GOES Participants are to complete and submit all 
relevant ICE access forms and security documentation prior to 
accessing the eTD system 
 
4.11  Site or System Certification and Accreditation 
 
ICE is responsible for assuring that this MOU is to be 
included in the System Interconnection/Information Sharing 
section of the ICE System Security Plan covering the eTD 
Certification and Accreditation (C&A) documentation. 
5.0  SECTION 5 - TOPOLOGICAL DRAWING 
 
(PDF Version only) 
 
6.0  SECTION 6 - TERMINATION 
 
a)  Either ICE or the GOES Participants may terminate 
activities under this MOU upon thirty days written notice. 
 
b)  In the event of the termination of this MOU for any 
reason, the GOES Participants are to immediately return all 
ICE-owned laptops loaned to it pursuant to this MOU as well 
as any other property of ICE loaned to the GOES Participants 
pursuant to this MOU. 
 
7.0  SECTION 7 - OTHER PROVISIONS 
 
a)  Nothing in this MOU is intended to conflict with current 
law or regulation or the directives of DHS, ICE or the GOES 
Participants or the Government of El Salvador.  If a term of 
this MOU is inconsistent with these authorities, then the 
term is deemed invalid, but the remaining terms and 
conditions of this MOU are to remain in full force and effect. 
b)  This MOU is an arrangement between ICE and the GOES 
Participants and is not intended to create or confer any 
right or benefit on any other person or party, private or 
public. 
c)  No provision of this MOU is to be interpreted in a manner 
that would restrict any agreements, arrangements, or 
practices relating to mutual assistance, co-operation, or 
information-sharing which are already in effect between ICE 
and the GOES Participants or between the Governments of the 
United States and El Salvador. 
 
d)  The contents of this MOU are not to be released to 
parties outside of the United States Government or the 
Government of El Salvador unless such disclosure is mutually 
agreed upon by ICE and the GOES Participants or otherwise 
required by the respective domestic laws of the United States 
or El Salvador. 
 
8.0 SECTION 8 - SIGNATORY AUTHORITY 
 
a)  Access by the GOES Participants to the eTD system is not 
to occur until each signatory signs this MOU.  The MOU 
becomes effective on the last date of either signature below 
and expires on September 30, 2008.  This MOU is to be 
reviewed annually and modified by the mutual consent of ICE 
and the GOES Participants as circumstances warrant.  Any 
modification to this MOU is to be in writing and is to be 
signed by both. 
 
/S/ 
 
Ambassador Charles L. Glazer for ICE 
Vice Minister of Foreign Affairs Margarita Escobar 
Minister of Foreign Affairs Rene Figueroa 
Glazer