VZCZCXRO2480
RR RUEHAG RUEHDF RUEHLZ
DE RUEHFT #1712/01 1811341
ZNR UUUUU ZZH
R 301341Z JUN 09
FM AMCONSUL FRANKFURT
TO RUEHC/SECSTATE WASHDC 0990
RUEHPNH/NVC PORTSMOUTH 3378
INFO RUCNFRG/FRG COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC

UNCLAS SECTION 01 OF 07 FRANKFURT 001712 
 
SIPDIS 
 
DEPARTMENT FOR CA/FPP 
 
E.O. 12958: N/A 
TAGS: KFRD CVIS CPAS CMGT ASEC GM
SUBJECT: FRAUD SUMMARY - GERMANY - SEPTEMBER 2008 TO FEBRUARY 2009 
 
Ref:  A) 08 STATE 74840, B) 07 FRANKFURT 8035 
 
¶A. COUNTRY CONDITIONS:  The Federal Republic of Germany is located 
in the heart of Europe.  It is a member of the European Union, NATO, 
the EU's Schengen Agreement, and has been U.S. Visa Waiver Program 
country since 1986.  Germany is considered a low fraud country and 
host government corruption is not an issue.  However, because the 
embassy and consulates in Mission Germany handle NIV and IV cases 
involving over 160 nationalities, fraud awareness is vital.  Due to 
the large number of third-country nationals residing in Germany and 
transiting the country, consular operations in Mission Germany can 
and do encounter a variety of document fraud.  The international 
airports in Frankfurt, Munich, Berlin, Hamburg, Duesseldorf, 
Hannover, Cologne/Bonn and Stuttgart are also used for illegal 
migration to and through Germany. 
 
Since the 1950s post-war boom, the German economy has been dependent 
on immigrant workers.  Though many so-called "guest workers" 
returned to their home countries in South and Southeast Europe, many 
remained.  This has resulted in Germany gradually changing from a 
country that accommodated guest workers to a country with regulated 
immigration.   Repatriates of German descent, who for generations 
have been living in the states of the former Soviet Union, Romania 
and Poland, are also a major group of immigrants. Since the collapse 
of the communist systems they have been returning to Germany in 
increasing numbers. 
 
There are 6,744,000 foreigners, almost nine percent of the 
population, living in Germany (2007).  An additional 1.5 million 
people are naturalized Germans and 4.5 million are German descent 
repatriates.  Approximately, 15 million people in Germany have an 
immigrant background, which the German Statistics Office defines 
among others as naturalized foreigners as well as children with one 
foreign parent.  Among the foreigners, 1.7 million people are of 
Turkish citizenship, followed by Italians (528,000), Poles 
(384,000), Serbs and Montenegrins (330,000), Greeks (295,000), 
Croats, Russians, Austrians, Bosnians, Ukranians, Portuguese, 
Spanish and others.  Germany also houses over one million refugees. 
 
As a result, citizenship and residence laws have also changed over 
time.  In January 2000, a more liberal German citizenship law went 
into effect.  A child born in Germany now automatically acquires 
German citizenship if one parent has been residing in Germany for at 
least eight years and has a valid "Right to Abode" permit, or has 
been in Germany for a minimum of three years and is in possession of 
an unlimited residence permit.  If the child is eligible for other 
citizenships, at the age of eighteen, s/he must choose whether to 
remain a German citizen. 
 
To become a German citizen, one generally has to be legally residing 
in Germany for 8 years and fulfilled certain conditions such as: a 
valid "Aufenthaltserlaubnis" or "Aufenthaltsberechtigung"; a 
livelihood-guarantee showing no recourse to social welfare or 
unemployment benefits (exceptions made for people under 23 years of 
age); adequate knowledge of the German language; take an oath to the 
German constitution; give up prior citizenship (although there are 
exceptions).  Since September 2008, foreigners are also required to 
answer 17 of 33 multiple choice questions correctly. Spouses and 
children can often be naturalized even if they have not been living 
in Germany for eight years.  For spouses of German citizens, the 
couple must have been married for two years and the spouse resident 
in country for three years before the application can be made. 
 
In early 2005, a new Immigration Law (Immigration Act) consolidated 
the previous five types of residency into two - the 
"Aufenthaltsgenehmigung" (limited Residency Permit) and the 
"Niederlassungserlaubnis" (unlimited Right to Abode).  Both German 
and foreign nationals resident in Germany must register with local 
authorities and notify the government if they change residences. 
 
The standard of living in Germany is high.  The average gross 
monthly income in the 4th quarter 2008 of a full-time industry and 
service employee was approximately USD 4300 (EUR 3100).  Wages vary 
by region and hourly wage earners also earn less. 
 
In order to pursue paid employment, all foreigners who are not 
nationals of an EU member state or member of the European Economic 
Area, need a residence permit.  EU citizens are generally exempt 
from this requirement, though citizens of some new EU member states 
may also require additional EU employment documentation.  Non-EU 
nationals of certain countries (Tourist Visa Waiver) do not need a 
residence permit for stays of up to three months, provided they have 
a valid passport. 
Labor migration is governed by the German Residence Act, the 
Ordinance governing residence and the Ordinance on the admission of 
foreigners for the purpose of taking up employment. The Residence 
Act establishes the principle that the employment and 
self-employment of foreigners are to be oriented on Germany's 
economic needs, taking into account the labor market situation and 
 
FRANKFURT 00001712  002 OF 007 
 
 
the need to reduce unemployment.  A ban on recruiting foreign labor 
remains in effect for unskilled and less-skilled workers; even 
skilled workers will be granted work permits only in exceptional 
cases. On the other hand, conditions for highly skilled workers 
(i.e. engineers, software technicians) and their families has now 
been improved under the residence law. Self-employed persons may be 
granted permission to work if exceptional economic interest or 
special regional needs exist, if the planned business is expected to 
have a positive economic effect, if it has secure financing, and if 
it creates employment.  Self-employed persons can be granted a 
settlement permit after three years if their business is successful 
and their livelihood is assured. 
¶B. NIV FRAUD:  German posts process nationals of over 160 countries 
annually.  On any given day, visa applicants hail from any continent 
and demonstrate varying degrees of compelling ties to Germany.  The 
most common NIV fraud cases involve B1/B2 and H and L applications. 
Most typical fraud cases feature applicants who provide questionable 
documentation, such as fraudulent employment letters, invitation 
letters and bank statements. 
 
Many of Mission Germany's H visa fraud cases involve Indian 
nationals.  In most questionable H fraud cases we note common 
inconsistencies, such as non-existent U.S. business addresses, an 
unconvincing internet business presence, telephone numbers leading 
to non-personalized voice mailboxes or private individuals, 
businesses not registered with Dun and Bradstreet and Lexis-Nexis 
reports mirroring small companies operating from a home residence. 
 
Frankfurt's FPU conducts daily random checks of NIV applicants. 
Frankfurt's NIV line officers have all participated in recent 
refresher fraud prevention training and all incoming line officers 
participate in one-on-one FPU training during their first weeks at 
post. 
 
In 2006, alleged misuse of SOFA status by military members stationed 
in Germany was investigated by an Army CID Task Force.  The reported 
misuse involved soldiers, many of them originally from West African 
countries, who brought family members to Germany to reside with 
them, even when these same family members lacked adequate 
documentation to establish eligibility for Immigrant Visas.  FPU 
worked with the task force to determine to what extent suspect 
individuals may have sought and received visa, immigration or 
passport benefits they were otherwise not entitled to.  The 
investigation prompted a change in SOFA card issuance procedures in 
country.  Now, all non U.S. citizen or lawful permanent resident 
SOFA recipients must have, at a minimum, an I-130 immigrant petition 
approved by USCIS or authorization from the host country government 
to remain in order to receive SOFA status and benefits.  FPU works 
closely with USCIS in evaluating these petitions for possible 
fraud. 
 
During this reporting period, twelve NIV cases were referred for FPU 
investigations.  Some cases were generated through FPU random checks 
in Frankfurt. The majority of the cases were verification of travel 
documents, verification of residency as well "snitch letters" 
reporting potential immigrants.  Two cases were H1B and L 
petitioners identified by KCC.  Their report provided sufficient 
evidence to question the bona fides of the L petitioner.  In the H1B 
case of George Ventures LLC, Lexis/Nexis indicated the corporate 
registration status was delinquent and the KCC memo indicated 
inconsistencies in number of employees and annual income. 
Applicants and petitioners were asked to provide additional 
documents.  Additionally, Frankfurt FPU assisted its counterparts in 
Dakar and Florence and in verifying a German marriage certificate 
and German identity documentation. Furthermore, Frankfurt FPU enters 
all relevant data into the system for all lost/stolen passports with 
NIVs. 
 
In early 2008, NIV units in Mission Germany noticed H1B applicants 
of Indian nationality asking for their original Notice of Action to 
be sent back to them after learning that their petition were revoked 
or were pending further investigation.  In two cases a Hamburg c/o 
address was provided to the Munich NIV unit.  Said address appears 
to be a shared student home and FPU noticed that the address has 
been the 'base' residence for some of our H1B clientele from India. 
This has not been observed so far during this reporting period. 
 
Mission Germany returned a total of seven petition cases through KCC 
for possible revocation during the September - February period. 
Munich NIV returned 3 petitions, Berlin NIV returned 2, and 
Frankfurt NIV returned 2 petitions.  Mission Germany coordinated 
fraud investigations on these petition cases utilizing the Mission's 
fraud tracker system, Lexis/Nexis report information and KCC company 
research. 
 
During the reporting period, Munich sent three petitions for Indian 
Nationals applying for H1Bs to KCC for return to USCIS.  All three 
cases involved fraudulent petitioners operating false companies out 
of residential areas and claiming to have several hundred employees. 
 
FRANKFURT 00001712  003 OF 007 
 
 
 Berlin's fraud efforts from September to February continued to 
center on Indian H1-B visa applicants seeking employment in the IT 
sector.  When a petitioning employer exhibits other fraud concerns 
such as residential addresses, poorly functioning websites and 
employee lists dominated by Indian nationals, Berlin aggressively 
examines wage reports, tax form signatures and other company 
management information.  Two cases were sent back to KCC for return 
to USCIS.  Both recommendations for revocation hinged on the 
petitioning employers' ability to offer positions in accordance with 
regulations.  Similar to the last reporting period, these employers' 
wage reported as filed with state authorities showed significant 
volatility in wages paid to some employees.  Using Frankfurt FPU 
analysis, Berlin compared these official wage reports to lists of 
employees and company officers that included dates of employment. 
 
In the case of petitioner Pro Saamya, in the first quarter of 2008, 
the president of the company earned USD 40,846, while one programmer 
analyst earned over USD 50,000 and another programmer only earned 
USD 14,783.  The uncertain visa and wage status of alleged employees 
of a second petitioner, Narsa Soft Inc., contributed heavily to the 
second revocation recommendation.  The petitioner declared one 
employee on H1B status, while a CCD check showed the same employee 
held an F-1 student visa.  The employee did not appear on the 
company wage reports to the state government.  Post also discovered 
via CCD that two low-paid Narsa Soft employees had expired H-4 
dependent spouses visas.  The employees' husbands came in to work 
for other H1B petitioners.  Neither the employee spouses nor their 
principal applicant husbands had any subsequent visa issuances, so 
likely all four are out of status.  Narsa Soft also exhibited wage 
volatility.  Only three of its declared 19 employees in 2007 made 
over USD 50,000.  One well paid employee, at USD 31,715, earned USD 
3215 in the first quarter, USD 13,520 second, USD 12740 third, and 
only USD 2240 in the fourth quarter, demonstrating the extreme 
volatility in wages and contracts. 
 
Berlin leveraged other fraud resources when working on these cases. 
The KCC FPU had noted for post that Narsa Soft had previously 
withdrawn an application at another post than supply requested 
information.  The 2007 USCIS-CIS Fraud Intelligence Digest 
information about Narsa Soft listed a David Wagner as President and 
CEO, but his name did not appear in the company's 2007 wage report 
filings. 
 
Earlier reported Frankfurt FPU investigations of questionable H1-B 
cases revealed a pattern of questionable labor contract activity by 
the petitioning companies.  Most striking was the erratic payment of 
low wages, often concentrated in one month during the quarter while 
showing no wage payments in other months.  Polygon Corporation 
apparently paid some employees as little as $2,000.  The petitioner 
for two applicants, Viraj LLC, claimed wages that, calculated as an 
average across 45 employees, amounted to $6,633.57 per employee. 
One employer, Nihaki Systems, Inc., was the subject of a previous 
labor violation filed by Mission Chennai through KCC.  Lastly, 
Ritham, Inc., the petitioner for three applicants, claimed a total 
of fifteen "contractors" on its payroll, but its quarterly tax 
returns indicated only three employees in three locations - two of 
whom earned $4,200 in one month only during the quarter.  The 
companies under scrutiny thus may be "benching" employees, and 
possibly not paying some employees at all. 
 
In other areas of potential NIV fraud, Munich is monitoring a small 
trend in Interpol hits on German passports once reported as lost or 
stolen, but still being used by the bearer to apply for visas and 
travel.  Police contacts have informed Munich that when a passport 
is recovered and returned to the owner, it should be removed from 
the lost/stolen listing, but this doesn't always happen. 
 
¶C. IV FRAUD:  Frankfurt is the only post in Mission Germany that 
processes Immigrant Visas.  Like other posts, Frankfurt encounters 
document fraud that purports to establish family relationships or 
entitlements to labor certification.  Marriage fraud continues to be 
an issue, particularly in conjunction with the large U.S. military 
community in Germany.  The FPU performs regular random checks of IV 
applicants.  During September 2008-February 2009, FPU received five 
referrals from the IV Unit.  In two referrals FPU examined Iraqi 
documents which with the assistance of the newly acquired computer 
video microscope and was able to confirm the genuineness of the 
documents in question. 
 
In one case of a U.S. military member trying to immigrate 
Cameroonian family members, post has sought the assistance of 
Yaounde FPU with document verification and requested DNA.  The IV 
Unit and FPU work closely with USCIS Frankfurt since it adjudicates 
the I-130 petitions that constitute 70% of the IV workload. 
 
¶D. DV FRAUD:  During September-February, one DV fraud referral was 
received by FPU for confirmation of educational documents and police 
certificate from Ghana.  The WAEC certificate was confirmed genuine; 
however, the DV beneficiary failed to qualify for the DV program as 
 
FRANKFURT 00001712  004 OF 007 
 
 
she lacked a passing grade in the required subject of English. 
 
¶E. ACS AND U.S. PASSPORT FRAUD:  Local police stations, the Federal 
Police and city authorities often ask for assistance in verifying 
suspect U.S. passport and/or U.S. identity documents. Mala fide 
travelers are often intercepted during screening at German borders 
and are either in possession of photo substituted U.S. passports or 
are imposters.  German authorities routinely refer U.S. documents 
such as passports and driver's licenses to the ARSO-I to determine 
if they are possibly fraudulent or are being used by imposters. 
 
Frankfurt's ACS Branch, in conjunction with the ARSO-I, also 
conducts monthly fraud prevention training for passport agents from 
the DOD installations under the supervision of DOD's Integrated 
Management Command (IMCOM) for Europe.  The most recent training 
sessions took place in April.  Attendance at each class is between 
10-15 military acceptance agents from Germany, Kosovo, Italy, the 
Netherlands, Belgium and Turkey.  These training sessions focus on 
detecting fraudulent documents and observation of suspicious 
behavior of military passport/CRBA applicants.  The ACS Section and 
the ARSO-I also just completed document review and fraud training at 
the annual Heidelberg Conference in May, which is sponsored by IMCOM 
and SIA for the processing of official passport applications.  There 
were 55 attendees at the conference, mostly from Europe, but some 
acceptance agents came from as far away as Okinawa, Japan. 
 
From September 2008-April 2009, Frankfurt ACS referred 23 suspect 
citizenship/passport applications to the ARSO-I, 13 of which are 
currently being investigated.  Examples of these complex fraud cases 
include delayed birth registration by a midwife on the Mexican 
border, paternity claimed by a quadriplegic, and a Middle-Eastern 
applicant with three different dates of birth.  By taking the lead 
on the numerous passport/citizenship fraud referrals and assisting 
with in-depth fraud training of military acceptance agents, the 
ARSO-I has provided the Frankfurt ACS Branch with a sense of 
security regarding the integrity of the system. 
 
Munich refused two CRBA applications submitted by an American 
citizen step-father posing as the child's biological father.  An 
irregular version of the German birth certificates in this case 
prompted the section to investigate with the local Registration 
Office (Standesamt). 
 
¶F. ADOPTION FRAUD:  The Frankfurt Immigrant Visa Unit issues 5 IR-3 
and no IR-4 cases from September 2008 to February 2009. 
 
Germany is a receiving country for international adoption.  The 
number of foreign adoptions by Germans has increased due to a lack 
of children available locally for adoption.  Foreign national 
children automatically acquire German citizenship once adopted by 
German nationals.  There is no centralized court system governing 
adoption cases in Germany.  This means that each Federal State is 
locally responsible for the effectiveness and legality of the 
adoption.  Adoptive parents must be 25 years of age (though one may 
be 21 if part of a couple) and declared "fit" for work.  Adoption 
agencies and the German Youth Welfare Department ("Jugendamt") 
require the following documents at the start of the adoption 
process:  an application for adoption; birth certificates; marriage 
certificate; divorce certificates if applicable; resume/curriculum 
vitae for both parents; police certificates; medical attestations; 
proof of citizenship; earning/bank statements; and character 
references.  After an investigation and interview, the Jugendamt 
issue an initial approval valid for two years.  A one year foster 
period is required prior to full adoption.  The 
paperwork/investigation process generally takes between four and 
nine months.  Germany is a signatory to the Hague Convention on 
Inter Country Adoption, so for international adoptions, prospective 
adoptive parents would have to follow the Hague procedures, 
including using an adoption provider certified under the Hague. 
 
¶G. USE OF DNA TESTING:  Due to the high number of third-country 
applicants, the IV Unit occasionally requests DNA testing for cases 
where identity and birth records are lacking.  USCIS Frankfurt 
reports it is increasingly requesting DNA testing in similar 
circumstances.  In the past six months, ACS has also requested DNA 
testing to establish paternity in two citizenship adjudications. 
There are no operational concerns. 
 
¶H. ASYLULM AND OTHER DHS BENEFIT FRAUD:  Germany has not encountered 
any significant fraud with regard to Visas 92/93 cases or other DHS 
benefit fraud.  The Immigrant Visa Unit had one Visas 92 and no 
Visas 93 cases from September 2008 through February 2009. 
 
The Frankfurt FPU works closely with DHS/CIS and also assists in 
document examination and verification. Frankfurt FPU often assists 
DHS/CIS colleagues in the U.S. in verifying German documents (i.e. 
vital documents, school documents) and prior residence status.  The 
most recent inquiry from DHS/CIS was to verify a birth certificate 
which FPU was able to confirm its bona fide. 
 
FRANKFURT 00001712  005 OF 007 
 
 
 
¶I. ALIEN SUMGGLING, TRAFFICKING, ORGANIZED CRIME, TERRORIST TRAVEL: 
 
 
In May 2009, the Federal Minister of the Interior, Wolfgang 
Schaeuble, and the president of the Federal Office for Protection of 
the Constitution, Fromm, presented the Protection of the 
Constitution Report ("Verfassungsschutzbericht") for 2008.  As in 
previous years, the current security situation remains the same. 
The threat of Islamist terrorism continues, although there have been 
no attacks in Germany so far.  The rise of force within right-wing 
extremist groups also continues to be reported as a cause for 
concern. 
Germany ranks as a Tier 1 country on the 2008 Trafficking in Persons 
Report.  Germany is a transit and destination country for men and 
women trafficked for the purposes of commercial sexual exploitation 
and forced labor, including in the construction industry, in 
restaurants and ice cream parlors, and as domestic servants. 
Victims are primarily trafficked from Central and Eastern Europe and 
Nigeria to and through Germany to the United Kingdom and 
Scandinavian countries.  German nationals are also victims of 
commercial sexual exploitation within Germany.  German nationals 
traveled to Thailand, Vietnam, and other countries for the purposes 
of child sex tourism. 
¶J. DS CRIMINAL FRAUD INVESTIGATIONS:  Frankfurt's H/L funded ARSO-I 
program is six months old and growing quickly.  Christian Shults 
works directly with consulate, Washington, U.S. military and host 
government authorities to counter fraud, further enhancing both DS 
and CA's ability to interdict criminal activity.  The newly arrived 
DHS/ICE Visa Security Unit (VSU) officer is also active in reviewing 
NIV and IV cases.  All three visa security components in Frankfurt 
work closely together and with other agencies on issues related to 
border security and fraud.  Frankfurt will also be home to a USCIS 
Fraud Detection and National Security (FNDS) analyst in future. 
 
¶K. HOST COUNTRY PASSPORT, IDENTITY DOCUMENTS, AND CIVIL REGISTRY: 
 
Passport (ePass): Germany's biometric passport, called "ePass," was 
introduced in November 2005.  The passport stores the bearer's 
identity data, sex, nationality, document serial number, issuing 
country, document type and the date of expiration.  A second 
generation 'ePass' was introduced on November 1, 2007 and also 
includes two fingerprints and a passport number composed of nine 
alphanumeric digits.  As a rule, electronic passports including 
fingerprints are issued to persons aged 12 and older.  However, at 
the parents' request, an ePass may also be issued to children, 
although no fingerprints are taken from children under six years of 
age.  Passports issued to persons aged 24 and older remain valid for 
ten years.  Passports of persons under 24 are valid for six years. 
All pre-ePass passports remain valid until their expiration. 
 
Temporary Passport: Germany's Temporary Passport is machine 
readable and is valid up to one year; however, there are no 
biometric markers.  Passport agencies may require documents such as 
airline tickets as proof of the immediate need.  DHS had determined 
that as of May 1, 2006 German temporary/emergency passports are no 
longer valid for travel to the United States under the Visa Waiver 
Program due to inadequate controls over the passport book stock and 
less-than-timely reporting of lost/stolen temporary passports to a 
central authority that would make the information available to CBP 
Officers at U.S. ports of entry. 
 
Documentary requirements for ePass and Temporary Passports: Passport 
applicants must present a previous passport, children's passport, 
identity card or their birth certificate at the time of 
application. 
 
Children's Passport: Germany's Children's Passports 
(Kinderreissepasse, Kinderpass) are machine readable and contain a 
digital photograph, but they do not have an electronic chip.  The 
passport can be obtained up to the age of 12 and is valid for six 
years.  As of November 1, 2007, children are no longer endorsed in 
their parents' passport.  The Child Passport is not valid for use in 
the Visa Waiver program.  This frequently causes problems for 
traveling families as they try to board flights going visa waiver. 
The child will have to apply for an NIV or get a regular 
e-passport. 
 
Documentary Requirements for Children's Passports: In order to 
obtain a Children's passport, parents or guardians must present a 
previous passport, the previously issued Child Travel Document 
(Kinderausweis) or birth certificate, and (declaration of) consent 
of the legal guardian.  In case of only one legal guardian then that 
person must present proof of the right to custody. 
 
Identity Cards:  All persons aged 16 and over can obtain an ID card. 
 Since November 2007, ID cards are also available for all children 
irrespective of their age, for travel within the European Union. ID 
cards issued to persons aged 24 and older are valid for ten years. 
 
FRANKFURT 00001712  006 OF 007 
 
 
Identity cards issued to person under 24 are valid for six years. 
 
In November 2010, Germany plans to introduce a new electronic 
personal identification card ("Elektronischer Personalausweis") to 
replace the current ID card. The electronic ID card will be in the 
form a credit card and its main feature is an integrated chip 
storing the ID card data.  This will also allow the bearer to 
securely identify him/herself in the internet (i.e., for bank 
transactions). 
 
ID Card Documentary Requirements: An old Child Travel Document 
(Kinderausweis), Children's Passport or birth certificate and 
declaration of consent of the legal guardian; if there is only  one 
legal guardian that person has to present proof of the right to 
custody. 
 
If an identity document (IDs, passports) is lost/stolen in Germany, 
residents should report the loss to the local town hall and police. 
The police then enter the document into a nationwide police lookout 
system (Sachfahndung).  Lost passports and ID cards should also be 
reported to the responsible passport office.  Any ID document 
reported lost, but then found, should also be re-reported as found. 
 
 
¶L. COOPERATION WITH HOST GOVERNMENT AUTHORITIES:  The Consular 
Sections in Frankfurt, Berlin, and Munich have established close 
working relationships with the German Federal Police, Customs, 
Airport authorities and city officials.  German authorities have 
been very cooperative with document verification requests.  It is 
sometimes difficult to request basic data for Visas Viper purposes 
from German law enforcement authorities due to the German privacy 
laws, but Mission elements work together to get appropriate 
information. 
 
Germany and the United States are moving closer to a bilateral 
agreement on increasing cooperation on fighting serious crime. 
Germany and the U.S. plan to expand their information sharing in 
order to ensure effective prevention and prosecution of serious 
crime, especially terrorism.  The agreement allows suspects' 
personal data to be transmitted in accordance with applicable 
national law, in certain cases even without being requested, if 
there are reasonable grounds to believe that the suspects may commit 
terrorist acts or crimes related to terrorism, or that they are or 
have been engaged in training to carry out terrorist acts.  The 
agreement also creates a basis for the automated exchange of 
fingerprint and DNA data using a hit/no hit procedure modeled on the 
Pruem Treaty which was signed by several European Member States in 
¶2005.  In June 2008, the Federal Cabinet authorized the signing of 
the agreement.  This  followed a March 2008 meeting between the 
German Federal Justice and Federal Interior Ministers and the U.S. 
Attorney General and Secretary of Homeland Security.  Since German 
law regarding the right to privacy differs from U.S. law, both sides 
are proceeding carefully in order to make the agreement workable. 
 
¶M. AREAS OF PARTICULAR CONCERN: 
 
In late 2007, nine countries joined Schengen.  These are 
Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, 
Hungary, Slovenia and Malta.  Checks at internal borders (land and 
sea) stopped on December 21, 2007 and checks at international 
airports for flights between these new member states were 
discontinued as of March 30, 2008.  The lifting of border 
formalities between Germany and its neighboring countries has led to 
a slight rise in illegal immigration in Germany. 
 
¶N. STAFFING AND TRAINING:  The Fraud Prevention Unit in Frankfurt 
has coordination responsibilities for all consular posts in Mission 
Germany.  The FPU consists of three full time LES positions. 
Frankfurt's Visa Branch Chief serves as the Fraud Prevention Manager 
(FPM).  In 1998, the senior LES attended CA/FPP's Fraud Investigator 
Course at ILEA in Budapest/Hungary.  In the past months, both junior 
fraud LES assistants left for new opportunities, so FPU began the 
recruitment process for their replacements. 
 
Given Frankfurt's role as a regional training center, the FPU 
regularly works with other training programs.  The FPU and the 
DHS/CBP-IAP team leader provide fraud training to airport personnel 
who conduct checks for U.S. bound flights.  These fraud trainings 
focus on U.S. entry requirements, imposter training, detection of 
altered documents as well passenger analysis.  Recent trainings were 
conducted at Hamburg, Duesseldorf, Berlin and naturally Frankfurt 
airport.  In addition, the FPU, the DHS/CBP IAP team leader, the 
Canadian ALO, the UK ALO and representative from German Federal 
Police conduct joint fraud trainings to airport personnel upon 
request. Likewise, LES colleagues from other posts continue to visit 
the FPU while in Frankfurt attending courses. Such training visits 
include an overview of FPU's operations, random checks, databases, 
trends, filing systems, archives, and intranet site. 
 
 
FRANKFURT 00001712  007 OF 007 
 
 
In December, the FPU team attended a meeting of the newly formed 
Frankfurt Airline Liaison Group. The group consists of the Canadian 
ALO, the UK ALO and Consulate representative, the New Zealand 
Consulate representative, the Australian Consulate representative, 
German Federal Police and DHS/CBP as well as the Frankfurt FPU. 
This time around the meeting was hosted by the Canadian ALO at the 
Canadian Embassy in Berlin and focused on fraud trends observed at 
airports throughout Germany. 
 
FPU Examination Room continues to be used to examine documents.  The 
centerpiece of the lab is FPU's new computer video microscope, which 
enlarges 25x and 50x and allows for better detection of counterfeit 
and/or altered documents. 
 
The FPU remains in touch with all posts in Mission Germany regarding 
fraud trends.  The FPM attends the monthly mission-wide Law 
Enforcement Working Group. 
 
In addition, all posts have access to Mission Germany's fraud 
intranet site, which has up-to-date information about country fraud 
trends, document alerts, travel and vital documents. 
 
ROSEN