VZCZCXYZ0009
RR RUEHWEB

DE RUCNDT #0091/01 0312159
ZNR UUUUU ZZH (CCY AD553F35 TOQ9889-695)
R 312159Z JAN 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 3639
INFO USINT HAVANA

UNCLAS USUN NEW YORK 000091 
 
SIPDIS 
 
SIPDIS 
 
C O R R E C T E D  COPY (ADDRESS ADDED) 
 
DEPT FOR IO/UNP; DS/DSS/DO 
 
E.O. 12958: N/A 
TAGS: OFDP UN CU
SUBJECT: UN HOST COUNTRY COMMITTEE: AIRPORT PARKING FEES; 
MISSION SECURITY; NY GAS TAX 
 
REF: A. 07 USUN NEW YORK 1088 
     ¶B. 08 USUN NEW YORK 0013 
     ¶C. 07 USUN NEW YORK 0975 
 
¶1.   Summary:  Security incidents and removal of NYPD 
presence from a fixed security post at the Cuban Mission, 
exemptions from New York State gasoline taxes and the 
unwelcomed and sudden decision by the Port Authority of NY 
and NJ (PANYNJ) to charge parking fees to diplomatic vehicles 
at area airports were issues raised at the 236th meeting of 
the Committee on Relations with the Host Country on January 
¶22. End Summary. 
 
Security at the Cuban Mission 
 
¶2.  While the Committee Chair had persuaded the Cuban Mission 
to raise its concerns (see REFTELS) at this regularly 
scheduled meeting, Cuban UM Permanent Representative 
Malmierca Diaz stated that he had called the meeting on an 
urgent basis to discuss security incidents at his mission and 
to protest the unilateral decision to withdraw New York City 
Police Department (NYPD) coverage from the fixed post there 
(Reftel A).  He described a December 10, 2007 demonstration 
and a December 26, 2007 rock-throwing incident (Reftel B). 
He also referenced his mission's note to USUN (Reftel B) and 
reiterated its list of hostile acts against the mission and 
its personnel (e.g. the 1980 assassination of Felix Garcia 
Rodriguez and freedom granted to &terrorist8 Orlando 
Bosch).  He cited Article 22 of the VCDR of 1961 and sought 
the Committee's assistance in guaranteeing that the host 
country took all measures to ensure security and a calm 
working environment, as was its responsibility under 
international law. 
 
¶3.  USUN/HC MinCouns Graham gave assurances to the Cuban PR 
that the USG was very concerned about the security of the 
Mission and its personnel.  He reminded the PR that the 
serious incidents mentioned had occurred over 20 years ago 
and that there had been many years of good cooperation with 
the Cuban Mission on security matters.  He stated that the 
Department would continue to engage NYC on the question of 
re-staffing the fixed post and he informed the Committee that 
there would be a meeting Thursday, January 24, with USUN, the 
Cuban Mission and NYC to discuss the incidents and to develop 
solutions to these security concerns.  He reported that the 
individual who had thrown a rock at the Mission's window, a 
Cuban migr, had been arrested and charged with a felony 
offense. 
 
¶4.  The Chairman noted that he looked forward to the results 
of three-way discussions and would follow up on the issue and 
the next Committee meeting. 
 
Gasoline Tax Exemption 
 
¶5.  Italy inquired about new developments re gasoline tax 
charged to diplomats using gas company cards, an issue raised 
at last October's meeting (Reftel C).  US reiterated that NY 
State recognized the diplomats, exemption from gasoline 
taxes, and that the current situation reflected a change in 
procedure, not policy. The change had resulted from a NY 
State court decision on how tax exemption was to be handled. 
US recommended diplomats contact the Office of Foreign 
Missions to obtain information on tax reimbursement and 
informed the Committee that the USG was working with NY State 
on the matter.  He reported that legislation to address the 
NY State Court's concerns and return the process to the 
status quo ante was moving through the NYS legislature. The 
Russian Federation, China and Turkey also expressed interest 
in the matter being resolved as soon as possible. 
 
Parking Fees at NY Area Airports 
 
¶6.  China requested an update on the status of parking fees 
at JFK, expressing concern that many mission staffers had 
been affected by this unexpected occurrence (Reftel C).  US 
responded that the airports were run by the Port Authority of 
New York and New Jersey (PANYNJ) and not by the USG, but that 
USUN had discussed missions' concerns with the PANYNJ and had 
understood that diplomats would no longer encounter problems 
at airport lots. Complaints had decreased and US hoped the 
matter would be resolved fully. US requested that missions 
still experiencing problems contact USUN Host Country 
Section. 
 
¶7.  Argentina intervened to complain that their mission had 
been charged for Parking just the day before. 
MISSION SECURITY; NY GAS TAX 
 
¶8.  The Russian Federation reiterated it did not fully 
understand the change in policy of free parking which had 
been in place for many years. He added that it was standard 
practice in many countries for diplomats to be able to park 
free when on official business at the airport. Russia 
appealed to the Host Country to seek to return to the 
original practice, particularly since, it believed, the extra 
revenue was probably minimal. 
¶9.  Ukraine confirmed that it had been paying parking fees at 
JFK for the past three months and echoed the request for the 
USG to seek a return to free parking for diplomatic vehicles 
on official business. 
 
¶10.  Turkey and Trinidad and Tobago also expressed the hope 
of hearing positive developments in this regard. 
 
¶11.  The US explained that it had learned from discussions 
that the PANYNJ had apparently had a policy on its books to 
charge fees to vehicles not transporting Ambassadors or 
Consul Generals but that the policy had not been enforced 
until now.  It appeared a change in management had 
precipitated renewed enforcement of the policy but that there 
was a concerted effort to find a solution to the concerns 
expressed by the diplomatic community.  He said that he did 
not know if the situation would return to that where every 
diplomatic vehicle was allowed free parking, however, he 
encouraged missions that had problems to call or write USUN 
so that he could convey the evidence of widespread complaints 
to the PA. 
 
¶12.  Comment:  The apparent end to free parking at area 
airports has energized the diplomatic community.  The 
PANYNJ's levying of fees, with no advance notice, is viewed 
as yet another erosion of courtesies for diplomats in New 
York.   This, in addition to property tax lawsuits, parking 
tickets at $115 a pop issued to drivers picking up 
Ambassadors, a possible NYC Congestion Charge and reported 
indignities repeatedly suffered by diplomats at the airport, 
all contribute to a growing impression among the UN 
diplomatic community that there is a concerted effort by the 
host government and host city to extract more money and to 
ignore the  traditional status and customary courtesies 
accorded to diplomats elsewhere. 
 
¶13.  On January 29, USUN/HC and OFM/NY discussed with PANYNJ 
officials the possibility of eliminating airport fees for 
diplomatic plated vehicles staying less than 24 hours at 
NY-area airports.  PANYNJ suggested US consider submitting a 
written request to PANYNJ's Executive Director who would 
likely respond within a few months. 
KHALILZAD