VZCZCXRO8513
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHTL #0260 2111208
ZNR UUUUU ZZH
P 291208Z JUL 08
FM AMEMBASSY TALLINN
TO RUEHC/SECSTATE WASHDC PRIORITY 0731
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS TALLINN 000260 
 
DEPT FOR JBRENNAN (CA/VO/F), BGILCHRIST (EUR/NB) 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: CMGT CVIS CPAS EN
SUBJECT: DHS AND DOJ VISIT TALLINN TO NEGOTIATE PCSC AGREEMENT 
 
REF: 08 TALLINN 64 
 
¶1. Summary: A U.S. delegation co-led by the Department of Justice 
(DoJ) and the Department of Homeland Security (DHS) visited Tallinn 
on July 21 to spearhead negotiations of a Prum-like, PCSC 
(Preventing and Combating Serious Crime) Agreement with the 
Government of Estonia (GoE).  An information-sharing agreement at 
its core, the accord will formalize law enforcement cooperation 
among the DoJ, DHS, and GoE and, furthermore, it will fulfill one of 
the technical obligations required for Estonia to join the Visa 
Waiver Program (VWP).  Both sides expect a final version will be 
ready for signature by early September. End Summary 
 
¶2. Meetings started in the morning and concluded by early afternoon 
on July 21.  Prior to the meeting the GoE and the delegation had 
several preliminary conversations about the text's content and 
potentially problematic language.  The delegation, by and large, 
assuaged these GoE concerns.  However, four questions need to be 
resolved prior to formalizing the text: 
 
A) The GoE wants to further evaluate the DNA provisions of the 
agreement.  It is now understood that neither side possesses the 
legislative or technical means to actively share this kind of data. 
However, these provisions should remain a part of the agreement in 
hopes that an infrastructure can be set up in the coming years to 
support DNA analysis and sharing. [Comment: While the GoE asked to 
review the language again, it is unlikely to suggest any 
amendments.] 
 
B) Articles 4 and 5 of the text will be reworded to take into 
account the GoE's lack of an automated fingerprint database that 
links to criminal history record information.  Other mention in the 
text alluding to Articles 4 and 5 will be changed to conform to the 
updated language. 
 
C) The USG delegation will determine if additions to the text 
suggested by the GoE can be incorporated into Articles 13, 14 and 
¶15. 
 
D) Both sides have agreed to further explore a specific, yet 
flexible, definition of "serious crime" that meets the needs of both 
governments.  This appears to be the single legitimate obstacle for 
the GoE.  Ambassador Aino Lepik Von Wiren (head of the GoE 
negotiating team) stated that the GoE required a more specific 
definition of serious crime to provide clarity in order to sign the 
document.  The USG delegation has suggested using language from the 
U.S.-Estonian and/or US-EU extradition treaty and will follow up 
with a recommendation. [Comment: the U.S.-Estonian Extradition 
Treaty is from the 1920s; therefore it will not work for this 
purpose.] 
 
¶3. Both sides expressed satisfaction with the outcome of the 
negotiations and optimism that the agreement will be ready to sign 
by early September.  Discussions of the aforementioned four 
questions will take place via email.  The USG delegation also 
reiterated the need to review the Estonian translation of the text. 
Once signed, future negotiations will take place to flesh out the 
technical arrangements and mechanisms to implement data sharing. 
 
¶4. The PCSC agreement satisfies a critical requirement for Estonia 
to join the VWP.  A signed agreement [without the subsequent 
implementing arrangements] will mean that Estonia has fulfilled one 
of its commitments on information sharing relative to the VWP MOU 
(reftel) signed by Secretary Chertoff in March. 
 
DECKER