VZCZCXRO6373
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHPOD RUEHROV
DE RUEHLJ #0144/01 0871511
ZNR UUUUU ZZH
R 271511Z MAR 08
FM AMEMBASSY LJUBLJANA
TO RUEHC/SECSTATE WASHDC 6556
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNMEU/EU INTEREST COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 06 LJUBLJANA 000144 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
STATE FOR EUR/ERA, EUR/NCE, EUR/PGI, L/LEI, S/CT, INL/PC, CA 
USDOJ FOR OIA, DHS FOR OIA, NSC FOR LCATIPON AND EFARR 
 
E.O. 12958: N/A 
TAGS: PTER CVIS SMIG SNAR PREL KCRM KFRD EUN SI
SUBJECT: U.S.-EU JHA Ministerial Meeting Holds Productive Sessions 
on Law Enforcement, Counterterrorism Issues, and Visa Waiver 
Program 
 
REF: A. USEU Brussels 00447 
 
 
Summary 
------- 
¶1.  (U) Slovenian Interior Minister Dragutin Mate and Justice 
Minister Lovro Sturm hosted Attorney General Michael Mukasey, 
Homeland Security Secretary Michael Chertoff, and European 
Commission Vice-President and Commissioner for Justice, Freedom and 
Security Franco Frattini on March 12-13 for the U.S.-EU Justice and 
Home Affairs (JHA) Ministerial Troika.  The Troika made progress on 
law enforcement, border security, and counterterrorism issues, 
including the U.S. Visa Waiver Program (VWP), border and document 
security, radicalization and terrorist recruitment, and protection 
of privacy.  Secretary Chertoff and the Attorney General also gave 
presentations on border security to EU Interior Ministers attending 
a Conference on External Border Management. 
 
¶2.  (U) Despite concerns the VWP would dominate the Troika after it 
had become headline news across Europe, VWP discussions were open 
and positive and did not inhibit progress in other areas.  The U.S. 
and EU issued a joint statement and agreed to hold "twin track" 
discussions by pursuing with Member States those issues within 
national authority, and with European Union institutions the areas 
of community competence. On lost and stolen passports, the United 
States and EU agreed on the importance of benchmarks for timely 
reporting as well as the need to take account of how to improve 
response time for dealing with hits. 
 
¶3.  (U) Troika participants, who also included EU Counterterrorism 
Coordinator Gilles de Kerchove, Europol Director Max-Peter Ratzel, 
Eurojust President of the College Jose Luis Lopes da Mota, Frontex 
Director Ilkka Laitinen, French Immigration Minister Brice Hortefeux 
representing the incoming EU Presidency, and Embassy Ljubljana 
Charge' d'Affaires Maryruth Coleman, identified several specific 
items for future cooperation.  Both sides committed to work towards 
completion of common data privacy principles before the U.S.-EU 
Summit in June.  Participants agreed to encourage use of biometric 
travel documents in third countries, exchange biopreparedness plans, 
and to continue to press for ratification of the U.S.-EU Mutual 
Legal Assistance and Extradition treaties (MLATs).  The U.S. side 
agreed to look into improving sharing information with Europol, and 
will review legislative options for enhancing international 
cooperation on pathogen research. 
 
¶4.  (U) Looking ahead to the Summit, the Slovenian EU Presidency is 
eagerly anticipating a successful U.S.-EU Summit this June. 
Officials are focused on getting concrete deliverables to shine a 
positive light upon our relationship with Slovenia and the EU in 
what will be the President's last Summit with the EU.  We expect 
that in the JHA area, Slovenia will continue to press forward to 
achieve completion of the common data privacy principles exercise 
and to manage the VWP issue fairly.  Unfortunately, given domestic 
situations in some Member States, it appears unlikely that the MLAT 
ratifications will be complete in time for the Summit.  End 
Summary. 
 
Visa Waiver Program (VWP) 
------------------------- 
¶5.  (U) Secretary Chertoff said the U.S. continues to make 
significant progress in implementing the expansion of the VWP, the 
most promising effort in many years and the first since 9/11. 
President Bush had announced the initiative in Estonia in 2006 and 
remained personally committed to it, Secretary Chertoff said.  He 
added that the VWP remains politically sensitive with the U.S. 
Congress; however, with members of both parties expressing 
reservations about expanding visa free travel privileges due to 
concerns about illegal immigration as well as security, the need 
arose to expand the VWP in tandem with greater security cooperation. 
 
 
¶6.  (U) Secretary Chertoff highlighted the Memoranda of 
Understanding (MOUs) the United States had signed with EU Member 
States and cited the continuing need for bilateral talks on 
implementation issues.  To cite one example, Secretary Chertoff 
mentioned Lost and Stolen Passport (LASP) reporting.  While in the 
VWP context the United States, like the EU, sees Interpol as the 
first source of information about EU LASP, EU Member States (MS) 
need to stand behind the data originating there for hit resolution, 
said Secretary Chertoff. 
 
¶7.  (U) Frattini said the overall position of the EU remained that 
the United States should allow all the MS into VWP as soon as 
 
LJUBLJANA 00000144  002 OF 006 
 
 
possible, citizens of all EU Member States must be treated the same, 
and the MOU process needed to respect existing EU legislation where 
applicable.  He said there had been misunderstandings about the VWP 
expansion process but they had "not been intentional," and informal 
U.S.-EU discussions on the eve of the meetings had brought greater 
understanding of the U.S. position.  He relayed that the March 11 
COREPER meeting in Brussels had concluded that the bilateral VWP 
MOUs are political rather than legally binding documents, and so are 
within the competence of MS to sign; but that the EU would continue 
to study the MOUs and eventual implementing agreements for areas of 
EU competency.  Frattini warned that Member States could not make 
any commitments in areas under Community competency, including 
anything provided for in the U.S.-EU PNR agreement or access to EU 
databases.  Frattini noted his recent appearance before the European 
Parliament where the Commission came under heavy fire; Parliament 
insisted the Commission and Council monitor the VWP process closely. 
 
 
¶8.  (U) U.S. and EU Delegates held formal and informal discussions 
throughout the two day meeting concerning the VWP, meetings that 
resulted in a joint press statement released at the end of the 
meeting.  The statement sets forth a common goal - "to achieve 
secure visa-free travel, in full compliance with the applicable 
laws, between the Member States of the EU and the USA as soon as 
possible" - and a twin track approach whereby the United States will 
continue bilateral discussions with EU Member States on VWP MOUs and 
on implementing arrangements on those matters that fall within 
national responsibilities, while holding discussions with EU 
institutions on matters within EU responsibility.  Senior U.S. and 
EU officials agreed to meet in Brussels March 14 to begin those 
talks (see reftel). 
 
Electronic System for 
Travel Authorization (ESTA) 
NOTE: formerly known as 
Electronic Travel Authorization or ETA) 
--------------------------------------- 
¶9.  (U) Frattini again emphasized there was considerable need to 
clarify misunderstandings.  The EU sought transparent consultations 
on ESTA leading to an EU decision on its "satisfaction" with ESTA, 
which would lead to a "political endorsement" at the June U.S.-EU 
Summit.  Secretary Chertoff explained that ESTA is mandated by the 
9/11 Implementing Act signed into law by President Bush in August 
2007 and so is not a subject for U.S.-EU negotiation.  Nevertheless, 
U.S. officials would be happy to dispel confusion and explain ESTA 
to EU officials.  The ESTA would be operational this summer, 
Secretary Chertoff went on, although roll out would occur in stages, 
 
SIPDIS 
so that all VWP countries would participate in ESTA no later than 
June 2009. 
 
¶10.  (U) Secretary Chertoff explained that DHS will implement ESTA 
consistently to all VWP countries, including both current and 
aspirant VWP countries that are EU Member States.  Frattini and 
Secretary Chertoff agreed on the merits of coordination as both the 
 
SIPDIS 
United States and the EU develop ESTA systems and as the EU develops 
a biometric entry system (i.e., akin to US-VISIT). 
 
¶11.  (U) Frattini stated at the Troika meeting and the press 
conference afterwards that the United States would engage in a 
dialogue, not formal negotiation, with the EU about the ESTA. 
 
Other Visa Policy Issues 
------------------------ 
¶12.  (U) Secretary Chertoff briefly raised three areas for further 
discussion with the EU: 
 
A) Exchange of information on asylum seekers to stop asylum shopping 
or attempts to conceal the applicant's identity or known criminal or 
security risks.  Frattini noted the first results of the EU's asylum 
database Eurodac are highly promising; use of biometric data had 
discouraged multiple applications in different MS without decreasing 
the ability to recognize true refugees.  Frattini, Minister 
Hortefeux, and Minister Mate noted concern about illegal immigration 
into the EU.  As a result, some EU MS are looking into requiring 
transit visas.  Both sides agreed this is a problem; EU officials 
noted increases in illegal immigration by Ukrainians and Chechens. 
 
 
B) Repatriation.  Secretary Chertoff commented that while 
cooperation with Europe is good, other countries such as China and 
India are reluctant to take their citizens back.  Frattini said 
these countries are also a problem for the EU.  The EU concluded an 
arrangement with Pakistan, he said, but in general third countries 
 
LJUBLJANA 00000144  003 OF 006 
 
 
want to discuss returns in the context of a political package 
covering legal migration opportunities too.  He cited Morocco, with 
which the EU is currently negotiating. 
 
C) The Western Balkan region.  Secretary Chertoff expressed concern 
about the EU's Visa Facilitation arrangements with the Western 
Balkans given the amount of crime, smuggling, and trafficking there. 
 Mate commented that the Balkans were a "grey zone inside the EU" 
but that they all should look towards EU membership.  He noted that 
the Presidency and Commission had together introduced visa 
liberalization negotiations with the Balkans that included some 
preconditions such as passports with biometric data.  All Western 
Balkan countries had readmission agreements with the EU, he said. 
 
Radicalization and Terrorist Recruitment 
---------------------------------------- 
¶13.  (U) AG Mukasey said the United States and the EU must improve 
our understanding both of the motives of those who become 
radicalized as well as the process behind it.  He welcomed a 
successful initiative in Iraq led by moderate imams, where 
"irreconcilable" radicals are separated according to the extent to 
which the roots of violence have penetrated, allowing for a more 
targeted approach.  Secretary Chertoff urged continued focus on 
prison populations.  EU CT Coordinator De Kerchove said there 
remains a problem of will and acknowledged the EU does more on 
repression than prevention.  Non-violent Salafism is pushing Muslim 
populations outside the mainstream of European society, he said.  EU 
is looking at several areas, including criminalizing incitement to 
violence on the internet and improving the exchange of information 
on returning jihadists with Europol and Eurojust.  Turning to 
prevention, De Kerchove said the problem is much harder because part 
of the policies belong to the EU Member States.  He suggested the EU 
could collect best practices.  The proper approach should be one 
that does not stress the counterterrorism dimension, but focuses on 
diversity, integration, alliance of civilizations, and intercultural 
dialogue (Note: 2008 is the European year of intercultural dialogue. 
 End Note.)  Our societies must remain faithful to our core values 
and human rights, he continued.  De Kerchove asked the group to 
consider how to engage with Islamist parties, especially in 
autocratic countries where they are often the main opposition 
parties. 
 
¶14.  (U) Frattini, highlighting a disturbing but growing trend of 
forced marriages, domestic violence, and polygamy in Europe, said 
there was a critical role for education with respect to the role of 
women in our societies, and MS should stand against the subjugation 
of any of its citizens.  Regarding a soon-to-be-released film by 
Dutch Freedom Party leader Geert Wilders reported to be critical of 
the Koran, Frattini said the EU must be prepared to react strongly 
if there were a violent response.  The EU stood firmly behind 
freedom of expression and would not tolerate violence against EU 
Member States' embassies.  Reactions in the Muslim world could test 
EU solidarity but the EU must maintain a united political front. 
Frattini also called for improved methods of tracking financing and 
donations coming into the EU from unknown sources, allegedly to 
build new mosques but being channeled to establish radical cells. 
Minister Mate echoed his call for documentation and greater 
financial disclosures from the mosques.  Frattini noted that the EU 
is engaged in visa liberalization talks with all Western Balkan 
countries except for Bosnia-Herzegovina, because the "authorities 
there tolerate returning radicals who participated in jihads." He 
added that the EU is concerned about growing Islamist cells in the 
region. 
 
¶15.  (U) Europol Director Ratzel called for improved cooperation 
with the U.S.  He expressed concern that law enforcement efforts are 
handicapped because the U.S. currently cannot share with Europol 
information classified above law enforcement sensitive.  Ratzel 
hopes the U.S. can resolve this situation, either by declassifying 
information or updating the U.S.-Europol agreement, for example.  He 
noted that with the assistance of Deputy Assistant Attorney General 
Bruce Swartz, Europol and the U.S. have also launched a project on 
returning terrorist fighters from Iraq.  Ratzel also suggested that 
Europol could contribute by focusing on financing of terrorism to 
determine the networks.  Mate summed up by saying there should be 
more cooperation in this area of radicalization and terrorist 
recruitment. 
 
Reducing risks from chemical, biological, 
radiological and nuclear (CBRN) attacks 
----------------------------------------- 
¶16.  (U) Frattini called for greater cooperation with the U.S. on 
safety measures, rapid reaction, and development of Early Warning 
 
LJUBLJANA 00000144  004 OF 006 
 
 
Systems for CBRN attacks.  He highlighted the European Centre for 
Disease Prevention and Control (ECDC), an EU agency based in 
Stockholm, Sweden, which held an exercise in 2007, and suggested 
that the U.S. and EU organize a joint exercise on biopreparedness, 
possibly to be coordinated by ECDC.  AG Mukasey explained that the 
FBI would coordinate any U.S. response to CBRN attacks and undertook 
to review the idea.  Frattini thanked the U.S. for the very valuable 
comments provided on the Commission's Green Paper on Biopreparedness 
in 2007.  He said the Commission intends to prepare an action plan 
by spring 2009 covering security of biological substances and 
training personnel; education and awareness of staff about existing 
legislation; establishing a network of reference laboratories that 
could exchange information; monitoring of biological incidents; and 
medical countermeasures needed for a rapid reaction.  Frattini 
stressed that work with the United States in these areas is key, but 
post 9/11 legislation imposed restrictions on international 
cooperation on pathogens research, and he asked if the United States 
could review this legislation in order to identify ways to improve 
cooperation.  AG Mukasey said the U.S. could explore legislative 
options.  De Kerchove called for better understanding of threats, 
impacts, and use of intelligence capabilities; he said EU did not 
have complete knowledge of EU vaccine stockpiles because Member 
States were not always willing to divulge this information, but 
following passage of the Lisbon Treaty access to this information 
should be facilitated under the solidarity clause.  Secretary 
Chertoff said a biological attack might be more likely, due to the 
relatively greater difficulty terrorists may have in attempting to 
access chemical, nuclear, or radiological weapon components.  He 
underscored the complexity of distributing vaccines to a large 
number of people quickly.  Detection capabilities are improving but 
the problem of distribution systems remains.  Joint planning and 
training is critical, he concluded. 
 
Document Security, Biometrics 
----------------------------- 
¶17.  (U) In the area of lost and stolen passports, Mate said the EU 
is working with Interpol to improve data entry and hit resolution. 
The Commission is preparing a report to improve functioning of the 
Interpol database during the Slovenian Presidency.  He reported that 
two-thirds of all the data in the Interpol database, and fifty 
percent of all the searches, originate from the EU.  Frattini agreed 
with the U.S. suggestion to establish benchmarks for timely 
reporting, but suggested that instead of pursuing uncoordinated 
initiatives with Member States, the U.S. and EU should undertake a 
joint initiative to improve Interpol database functioning and follow 
up on hits.  Chertoff called attention to the problem of lengthy 
response time on hits, which forces travelers to wait at the port of 
entry while hits are resolved.  AG Mukasey said that the Department 
of Justice, where the U.S. National Central Bureau for Interpol is 
located, remains committed to improving this cooperation and would 
consult with DHS about Frattini's suggestion. 
 
¶18.  (U) Mate thanked the AG and Secretary for their participation 
in the EU Ministerial Conference on External Borders Management that 
took place March 11-12 and for providing greater clarity on U.S. 
efforts to strengthen its border.  Frattini said the EU's vision of 
cooperation in this field is expanding, and there is unanimous MS 
agreement in enhancing border management systems.  The goal is to 
harness technological, human resources, and international 
cooperation and to develop international standards and 
interoperability.  The EU will implement these initiatives over the 
next four to five years, Frattini said. 
 
¶19.  (U) Frattini suggested the United States and EU work together 
to promote use of biometric documents through complementary efforts 
and "twinning projects" in areas of interest, including the 
Mediterranean, Caucasus, Middle East, and the Balkans.  Secretary 
Chertoff agreed and Minister Mate approved his suggestion to 
establish an expert level group to explore the idea. 
 
Data Protection and Information Exchange: 
High Level Contact Group (HLCG) 
----------------------------------------- 
¶20.  (U) Mate expressed satisfaction with the amount of work the 
HLCG completed so far, with only a few minor items remaining.  He 
explained he presented the HLCG exercise to EU ministers at the 
February 28 JHA Council; he regretted that the United States and EU 
were not able to agree on a joint statement, but there had not been 
sufficient time.  The HLCG is still an "informal" discussion, as 
there is no condition for formal talks (i.e. no official mandate), 
he said.  Mate committed to push forward and complete work during 
the Slovenian Presidency with a deadline of the June JHA Council. 
AG Mukasey and Secretary Chertoff also offered support for 
 
LJUBLJANA 00000144  005 OF 006 
 
 
completion of the exercise and urged that experts and senior level 
HLCG be directed to complete work in time for the June U.S.-EU 
Summit.  They also advocated strongly that we explore how to turn 
the principles into some kind of result that would allow each 
other's privacy systems to be recognized as adequate. 
 
EU-US Mutual Legal Assistance 
and Extradition Agreements 
----------------------------- 
¶21.  (U) Justice Minister Sturm provided an update on the status of 
Member State ratifications of the agreements.  Conclusion of the 
national processes for ratification of these instruments is a high 
priority for the Slovenian Presidency.  Slovenia urged MS to 
accelerate ratification at the January informal meeting of EU 
Justice Ministers, and Commissioner Frattini sent letters to all 
Member States urging prompt ratifications.  Sturm said the EU 
expects all ratifications to be completed by the end of 2008.  AG 
Mukasey announced the U.S. Senate Foreign Relations Committee would 
hold a hearing in May on the full package of U.S.-EU agreements and 
bilateral protocols.  At the close of the discussion, the Slovenians 
took on the responsibility, working with the U.S., to prepare a 
training conference/seminar for representative EU and U.S. 
prosecutors on the new investigative cooperation provided for in the 
agreements. 
 
Western Balkans 
--------------- 
¶22.  (U) Minister Mate reviewed progress on law enforcement 
cooperation in the Western Balkans, including the Southeast Europe 
Cooperation Initiative (SECI) Center, and the draft Southeast 
European Law Enforcement Center (SELEC) Convention. Regarding the 
South East Europe Organized Crime Threat Assessment (SEE OCTA), he 
said following political agreement of all Western Balkan ministers 
last October, focus has turned to practical implementation of SEE 
OCTA, which is now an EU project.  He noted training would start in 
April with the help of Europol, Slovenian experts, and SECI Center. 
Following that training, the countries will start preparing the 
threat assessments, which will form the basis of future assistance. 
 
 
¶23.  (U) Frattini said the EU is a major donor in the Western 
Balkans.  The Commission is working closely with the U.S. Mission to 
the EU to better understand U.S. efforts and to promote cooperation. 
 AG Mukasey stated that the U.S. supports efforts in the Balkans 
through Department of State-financed programs as well as through law 
enforcement agencies and prosecutors working in the field.  On the 
SECI Center and U.S. concerns over unnecessary data protection 
requirements, Frattini said the proper approach should consist of 
two levels, two systems.  Coordination with Europol would require a 
more ambitious standard.  Europol Director Ratzel supported this 
strategy.  The AG noted that the U.S. recognizes the differences in 
the ability of EU and non-EU states to comply with the strict data 
protection regime, and staunchly urged flexibility.  AG Mukasey 
suggested enlisting cooperation without imposing requirements that 
would block cooperation.  Frattini repeatedly concurred with the 
AG's comments regarding a flexible approach.  The two sides agreed 
this could help deal with organized crime throughout the region to 
foster security and stability. 
 
Priorities for the French EU Presidency 
--------------------------------------- 
¶24.  (U) Minister Hortefeux said France's JHA priorities for its 
upcoming Presidency included an EU-wide pact on migration to address 
widely disparate immigration and asylum rules among MS.  He also 
said France would focus on trafficking in persons, Frontex, illegal 
immigration, completing initiatives begun by the Slovenes, and 
reinforcing the operational role of Eurojust, in particular 
cooperation with third countries, especially the United States.  On 
Frontex, he noted it should have a dual mission, covering land and 
sea.  He said France looks forward to hosting the next U.S.-EU 
Informal JHA Senior Level meeting in July in Paris and to 
participating in the next JHA Ministerial Troika in December 2008 in 
Washington. 
 
Comment 
------- 
¶25.  (SBU) In the weeks leading up to the Ministerial, the VWP had 
eclipsed all other issues as the United States held bilateral 
discussions with several EU member states and signed MOUs with the 
Czech Republic on February 27 and with Estonia and Latvia on March 
¶12.  Extensive press reporting across Europe attempted to portray 
the U.S. actions in negative terms as seeking to "divide" Europe. 
The Ministerial meeting succeeded in countering these fears. 
 
LJUBLJANA 00000144  006 OF 006 
 
 
Despite the previous concerns EU rancor over VWP would completely 
dominate the Troika, talks were frank, honest and cooperative, and 
the delegates were able to defuse the charged atmosphere and cover 
significant ground. 
 
¶26.  (SBU) Concerning the HLCG, Minister Mate admitted it is a 
victim of the VWP issue and said he was frustrated at the inability 
to reach agreement on a Ministerial joint statement.  Nonetheless, 
the discussion on this issue was positive, and all sides agreed the 
HLCG presented a significant deliverable for the June Summit and 
that best efforts should be made to reach that goal; although 
Frattini, in his final day in office at the Commission, sounded less 
enthusiastic than Mate.  Slovenian Presidency plans to present the 
final product at the JHA Council June 5-6. 
 
¶27.  (SBU) Throughout the meeting the Government of Slovenia (GOS) 
kept the tone calm and the agenda moving forward.  Representatives 
of both USDOJ and DHS commented to Embassy officers that GOS 
logistical support of this high-level event was flawless, which we 
regard as a good sign as we and the GOS prepare for the U.S.-EU 
Summit in June. 
 
¶28.  (U) DOJ and DHS have cleared this cable. 
COLEMAN