VZCZCXRO1045
RR RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #0961/01 1560105
ZNR UUUUU ZZH
R 050105Z JUN 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC 2478
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS COLL
RHEHAAA/WHITE HOUSE WASHDC
RUEHBK/AMEMBASSY BANGKOK 8742
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 000961 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP, CA, L, H, P 
 
E.O. 12598: N/A 
TAGS: ASEAN PREL PGOV ID
SUBJECT: U.S. Visas for ASEAN Officials: Time for Change 
 
¶1. (U) This is an action request.  See paragraph 8. 
 
¶2. (SBU) Summary: Secretary Clinton's historic February visit to the 
Association of Southeast Asian Nations (ASEAN) Secretariat (ASEC) in 
Jakarta reflected a deepening U.S. relationship with ASEAN.  The 
United States is a Dialogue Partner of ASEAN and was the first 
country to designate an Ambassador to ASEAN.  However, ASEC 
officials are ineligible to receive the official visas that are 
routinely issued to the staff of international organizations.  If 
Congress extended to ASEAN all privileges and immunities under the 
International Organizations Immunities Act, that would not only be a 
smart political move, it would also ease the visa process for ASEC 
officials.  End Summary. 
 
Current Visa Rules Frustrate ASEC 
---------------------------------- 
¶3. (SBU) Currently, ASEC officials applying for a visa to the United 
States for official travel are required to show up for an interview 
and fingerprinting, and pay the visa fee of $131 if they do not hold 
an official passport.  This is because ASEAN is not recognized as an 
eligible entity under the International Organizations Immunities 
Act.  The President cannot issue an executive order designating 
ASEAN under the Act, because the United States is not a member 
state.  ASEC officials find this frustrating at best, and question 
why U.S. visa rules do not acknowledge an organization representing 
the 10 ASEAN countries.  They point out that the newly adopted ASEAN 
Charter gives ASEAN a legal personality and formalizes it as an 
international organization.  In addition, Secretary Clinton 
announced during her historic February visit to ASEC in Jakarta that 
we would begin the official process of examining U.S. accession to 
ASEAN's Treaty of Amity and Cooperation (TAC). 
 
¶4. (SBU) The recent visa application by ASEAN Secretary General (SG) 
Dr. Surin Pitsuwan highlighted the diplomatically embarrassing 
potential of this issue.  Dr. Surin, a former Thai foreign minister, 
needed a U.S. visa in a very short time frame, given his frequent 
travel for official business.  The Consular Section duly informed 
Dr. Surin's office that he was not exempt from any of the regular 
visa requirements (interview, fingerprinting, and visa fee).  ASEC 
officials were visibly upset by this, although Dr. Surin was 
graciously willing to come to the Embassy for a visa interview.  In 
the end, on a tight turn-around, Consular issued Dr. Surin an "A" 
type visa based on a diplomatic note from the Embassy of Thailand 
(Surin holds a diplomatic passport from Thailand).  This enabled us 
to avoid the embarrassing situation of requiring the highest-ranking 
ASEAN official to appear for an interview and fingerprinting, as 
well as pay a visa fee. 
 
The Business Visa Program: An Interim Measure 
--------------------------------------------- 
¶5. (SBU) As an interim measure, Post has suggested to ASEC that it 
register with the Consular Section's business visa program. 
Registration in the program would grant ASEAN employees and their 
families the flexibility of applying on the first and third 
Wednesday of the each month without having to make an appointment. 
This still does not eliminate the requirements of an interview and 
fingerprinting, and payment of the visa fee. 
Post has not yet received a positive response to this suggestion 
from ASEC. 
 
The Appropriate Solution: Recognition under the International 
Organizations Immunities Act 
--------------------------------------------- ---- 
¶6. (SBU) Officials of international organizations normally qualify 
for "G" visas.  G visas are given only to those international 
organizations that are designated under the International 
Organizations Immunities Act.  Unfortunately, the President cannot 
issue an executive order designating ASEAN under the International 
Organizations Immunities Act, because the United States is not a 
member.  However, Congress can enact special legislation to 
authorize the President to extend the privileges and immunities to 
international organizations to which the U.S. does not belong. 
Prior to ASEAN adopting a Charter, this was a moot point.  However, 
the newly adopted Charter gives ASEAN a legal personality and 
formalizes it as an international organization. 
 
Change Sends Smart Political Signal 
----------------------------------- 
¶7. (SBU) Updating our rules to recognize ASEAN as an international 
organization will reflect reality and help for political and 
strategic reasons.  As a "Dialogue Partner", the United States is 
deepening its political engagement with ASEAN.  This was underscored 
by Secretary Clinton's February visit to ASEC.  Recognizing ASEAN as 
an international organization would be a smart political step that 
underscores our commitment to ASEAN.  It would also serve the 
practical purpose of easing the visa process for ASEAN officials. 
 
 
JAKARTA 00000961  002 OF 002 
 
 
 
¶8. (SBU) Action request: Post asks the Department to work with 
Congress so that the privileges and immunities available under the 
International Organizations Immunities Act are also extended to 
ASEAN. 
 
 
HUME