VZCZCXRO7938
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHTL #0064/01 0450931
ZNR UUUUU ZZH
P 140931Z FEB 08
FM AMEMBASSY TALLINN
TO RUEHC/SECSTATE WASHDC PRIORITY 0497
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHUL/AMEMBASSY SEOUL PRIORITY 0017

UNCLAS SECTION 01 OF 03 TALLINN 000064 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DHS FOR ASSISTANT SECRETARY BARTH 
STATE FOR CA, CA/VO AND EUR/NB 
 
E.O. 12958: N/A 
TAGS: CVIS KFRD PREL EN
SUBJECT:  ESTONIA:  CLOSE TO AGREEMENT ON VWP MOU 
 
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SUMMARY 
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¶1.  (SBU) Estonian negotiators from the Ministries of Foreign 
Affairs, Interior, and Justice reached near agreement with DHS and 
Department negotiators on the language of a Visa Waiver Program 
memorandum of understanding. Final agreement awaits completion of 
text revisions and then approval from the Estonian cabinet.  The 
Estonians pointed out that the MOU and follow-on implementing 
agreements should take into account Estonian domestic law and EU 
obligations, but did not describe this as a major obstacle to 
signing the MOU.  Speaking to negotiators and then to the media, the 
DHS lead negotiator and the Estonian Foreign Minister both praised 
the progress made and they looked forward to VWP travel for 
Estonians beginning soon, hopefully this year.   A/S Barth proposed 
DHS Secretary Chertoff travel to Tallinn in March to sign the MOU. 
End Summary. 
 
------------------------------ 
MOU THE FIRST OF SEVERAL STEPS 
------------------------------ 
 
¶2.  (SBU) DHS Assistant Secretary for Policy Richard Barth and Visa 
Waiver Program Office Director Marc Frey visited Tallinn on February 
11 to negotiate the terms or a security memorandum of understanding. 
 They were accompanied by representatives from the DHS legal 
advisor's office and from CA/VO and EUR/PGI.  The Estonian side was 
represented by MFA Undersecretary for Legal and Consular Affairs 
Aino Lepik von Wiren.  Assisting her were eight officials from 
Ministries of Foreign Affairs, Interior and Justice, including MFA 
Consular Department Director General Lauri Bambus. 
 
¶3.  (SBU) A/S Barth opened for the U.S. delegation by describing his 
team's recent success in Prague.  If Estonia can similarly come to 
agreement on their MOU, the path would be open to a signing in 
March. A/S Barth said.  This could be followed by a VWP-for-Estonia 
announcement by President Bush before years end, most likely around 
October 2008. 
 
¶4.  (SBU) Barth explained that the MOU is the next step in Estonia's 
progress towards accession to the VWP.  The MOU provides a framework 
for cooperation on information sharing, aspects of which will have 
to be worked out in separate agreements or through more informal 
mechanisms, depending on Estonian policy and legislation.  One such 
agreement, the HSPD-6 arrangement on known or suspected terrorists, 
has already been concluded.  Other agreements will be sought to 
share information on serious criminals and on excluded aliens. 
 
¶5. (SBU) Following the MOU (and its implementing agreements), the 
next steps, Barth explained, are an on-site evaluation by a DHS 
technical team (likely to happen in early April), and then DHS 
deployment of the Electronic Travel Authorization (ETA) system 
required by U.S. legislation.  Barth described ETA as similar in 
basic concept to the web-based pre-clearance system used by 
Australia.  ETA enrollment would capture only about as much 
information as does the current I-94 "landing card".  DHS intends to 
introduce ETA without a fee, though a fee remains a possibility in 
years to come. 
 
¶6.  (SBU) Beyond Estonia and the Czech Republic, Greece, Malta, and 
South Korea, said Barth, are aspirant countries which DHS sees as 
possible VWP entrants in 2008.  Additionally, Slovakia, Latvia, 
Lithuania and Hungary could also enter this year, provided their 
national visitor-visa refusal rates come in under 10 percent for the 
fiscal year ending in September. 
 
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CLARIFICATION AND EDITS: EU ACKNOWLEDGED 
---------------------------------------- 
 
¶7.  (SBU) The Estonians, who had received the draft MOU text last 
month in Washington, sought clarification in a number of areas.  The 
DHS team offered to make changes to the text in a number of areas to 
respond to Estonian concerns, notably: 
 
-- Passenger Data:  MOU sections dealing with this subject, as well 
as any implementing agreements on criminal and excluded- person 
data, will incorporate some language acknowledging Estonia's need to 
act in accordance with existing domestic and EU law. 
 
-- ETA features and functions: Additional description and details 
about the system will be added. 
 
-- Lost and Stolen Passports (LASP): The number of requested data 
fields will be reduced and the language modified to allow Post's 
existing LASP arrangement to satisfy this requirement. 
 
TALLINN 00000064  002 OF 003 
 
 
 
-- Replacement Passport Annotation: The requirement that passports 
issued to replace lost and stolen passports will be annotated as 
replacements will be dropped. 
 
-- Air Marshals and Airport Security:  Language will be added to 
these sections acknowledging that there are not yet any direct 
commercial flights between Estonia and the United States. 
 
-- "Nationals": references to "citizens and nationals" benefiting 
from the VWP will be changed to read just "citizens".  This to 
clarify that VWP will not extend beyond regular Estonian passport 
holders (i.e., not to the 8 percent of Estonia's residents of 
"undetermined citizenship" who travel on GOE-issued Alien 
Passports). 
 
¶8. (SBU) In response to questions from DHS, the GOE committed to 
provide the U.S. side with additional language pertaining to: 
 
-- GOE plan to institute an air marshal program on Estonian flights 
by the end of 2008. 
 
-- The definition, in accordance with Estonian law, of "former" 
citizens. 
 
¶9.  (SBU) The GOE team cited at several points the need to 
acknowledge EU considerations in parts of the final MOU.  However, 
the GOE never held up EU claimed competencies as a dead end or 
serious problem for any part of this bilateral agreement. 
 
--------------------------------------------- -- 
ESTONIAN CABINET DECISION POSSIBLE WITHIN WEEKS 
--------------------------------------------- -- 
 
¶10.  (SBU) At the conclusion of the morning negotiating session DG 
Bambus stated that it was possible that the MOU, incorporating the 
agreed-upon changes, could be presented to the Cabinet as soon as 
two weeks from now.  With Cabinet approval of the agreement, a date 
could then be set for its signing. 
 
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POSSIBLE SIGNING WITH SECRETARY CHERTOFF IN TALLINN? 
--------------------------------------------- ------- 
 
¶11.  (SBU) A/S Barth told our interlocutors that should a positive 
GOE decision on the MOU come in time, he would seek to bring 
Secretary of Homeland Security Chertoff to Tallinn to sign the MOU 
 
SIPDIS 
in mid-March (when he is scheduled to be in Europe for another 
purpose).  Barth stressed to the GOE officials, that such a visit 
was still a tentative plan should not yet be discussed publicly. 
 
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SURPRISE MEETING WITH FOREIGN MINISTER 
-------------------------------------- 
 
¶12. (SBU) U/S Lepik von Wiren stated early during the morning 
session that her delegation had only the authority to negotiate, but 
not to agree to the MOU, a decision resting with the Government at 
the Cabinet level. A positive indicator of the prospects for such 
agreement, however, came after lunch, when the MFA added a meeting a 
meeting for A/S Barth and Ambassador Phillips with Foreign Minister 
Urmas Paet to the program. 
 
¶13.  (SBU) FM Paet welcomed news of the morning's progress and asked 
A/S Barth about next steps, noting the high expectations in Estonia 
regarding VWP.  Barth explained that the MOU was nearly OK, but that 
the two sides need to work further on arrangements for data-sharing. 
 Following the MOU, comes the DHS technical team visit, and then ETA 
fielding, Barth said.  FM Paet said the plan "sounds promising, if 
you can manage it", adding that, as was well known, Estonia and 
other EU member countries are also talking to the European 
Commission about U.S. VWP expansion.  Barth thanked Paet for 
Estonia's leadership on the issue. 
 
----------------------------- 
PRESS CONFERENCE: VWP IN 2008 
----------------------------- 
 
¶14.  (SBU) At the conclusion of the negotiations, Ambassador, A/S 
Barth FM Paet and U/S Lepik Von Wiren participated in a packed press 
conference.   A/S Barth noted the progress on the MOU and stated his 
aim to conclude the agreement in the coming weeks.   The MOU and 
other steps would "hopefully bring us to a point where sometime 
before the end of 2008 Estonians can travel to the U.S. without a 
visa for up to 90 days for general tourism purposes and business 
purposes." 
 
 
TALLINN 00000064  003 OF 003 
 
 
¶15.  (SBU) FM Paet stated "Our goal is still to see [VWP accession] 
happen, hopefully before the elections this year or at least before 
the new administration starts at the White House."  Paet left 
mention of EU concerns to Lepik von Wiren, who noted that it is 
"very important with the (MOU) signing that we follow our own 
legislation as well as our international obligations and EU laws." 
 
¶16. (SBU) A/S Barth went on to answer several press questions 
regarding ETA, including its expected response time (minutes) and 
user cost (none initially).  Further questions included one about 
whether UK and Irish resistance to VWP changes are hurting Estonian 
prospects for joining the program.  Barth pointed out that "the 
individual MOUs must be signed on a government-to-government 
bilateral basis and no individual MOU is dependent on any other.  If 
other governments resist the signing of a similar kind of agreement 
that was presented to your government that would in the future 
potentially jeopardize their participation in the Visa Waiver 
Program."  A/S Barth also made a point to emphasize that visas would 
still be required for non-business/tourism travelers, such as 
students, temporary workers, immigrants, etc. 
 
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COMMENT 
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¶17. (U) Post stands ready to help Washington reach final agreement 
with the Estonians on an MOU text. Also, we are now seeking to find 
mutually agreeable dates in early April for the DHS technical team 
to come to Estonia. 
 
Phillips