VZCZCXYZ0000
RR RUEHWEB

DE RUEHAC #0706/01 3011356
ZNR UUUUU ZZH
R 281356Z OCT 09
FM AMEMBASSY ASUNCION
TO RUEHC/SECSTATE WASHDC 0129
RUEHPNH/NVC PORTSMOUTH 0001

UNCLAS ASUNCION 000706 
 
SENSITIVE 
SIPDIS 
DEPT FOR CA/FPP 
DEPT PASS KCC 
DHS FOR CIS/FDNS 
 
E.O. 12958: N/A 
TAGS: CVIS KFRD CPAS CMGT ASEC PA
SUBJECT: FRAUD SUMMARY - ASUNCION 
 
REF: STATE 057623 
 
¶1. This cable is in response to an action request in reftel. 
 
 
 
------------------------------- 
 
COUNTRY CONDITIONS 
 
------------------------------- 
 
 
 
¶2. (SBU) After the 35-year dictatorship of General Alfredo 
Stroessner and six decades of Colorado Party rule, Paraguayans 
elected former Roman Catholic bishop Fernando Lugo as president in 
April 2008.  Lugo was inaugurated on August 15, 2008.  One year on, 
the Lugo government continues to grapple with the challenges of 
day-to-day governing.  An inexperienced team, exceedingly high 
expectations for change, endemic corruption, weak institutions, and 
a divided Congress make the job more difficult.  The current 
administration needs to generate jobs and promote economic 
development while downsizing a bloated state and tackling social 
and security issues of key concern. 
 
 
 
¶3. (U) This landlocked country of 6.6 million people remains 
hopeful for change, but endemic corruption, weak government 
institutions, difficult economic conditions and an inconsistent 
regulatory climate provide incentive and opportunity for consular 
fraud in Paraguay.  Unemployment and underemployment are problems 
and the primary motivators for immigration to Argentina, Brazil and 
Spain. 
 
 
 
¶4. (U) The global financial crisis has impacted Paraguay.  As an 
agriculture commodity exporter, the impact of lower demand is felt 
across all productive sectors.  Agriculture, which represents about 
 
25 percent of GDP, is expected to decline about 30 percent in 2009. 
More than 250,000 families depend on subsistence farming activities 
and maintain marginal ties to the larger productive sector of the 
economy.  Poverty reduction remains a challenge for the current 
administration.  Poverty and lack of opportunity in rural areas 
fuel migration. 
 
 
 
¶5. (U) Paraguay has had great difficulty regulating commerce in its 
second largest city, Ciudad del Este, located in the 
Paraguay-Argentina-Brazil tri-border region.  This region is noted 
for trafficking in arms, drugs, contraband, and persons.  This 
region is also home to large foreign communities, especially 
Brazilian, Lebanese, Korean, and Taiwanese, many of whom retain 
their foreign nationality. 
 
 
 
¶6. (U) Visa Waiver Program travel is a concern.  Many Paraguayans 
receive foreign citizenship from Italy, Germany and Spain through 
their parents or grandparents, yet their economic and social 
situation in Paraguay cannot be compared to the situation of 
applicants who are presently living in the European Union. 
 
 
 
¶7. (U) Civil documentation is lightly controlled in Paraguay.  For 
example, birth and marriage certificates continue to be hand 
written in the interior of the country.  Most documentation cannot 
be verified.  Paraguayans tend to travel to Florida ("sweet 15" 
birthday travel), New York (tourism and visits to relatives), 
Colorado (home of Au Pair International) and Kansas (Kansas City 
and Asuncion are sister cities). 
 
 
 
¶8. (SBU) Post categorizes Paraguay as "low-fraud."  The adjusted 
refusal rate of non-immigrant visa applicants from March 1, 2009 to 
September 30, 2009 was 12 percent; compared to 14.07 percent during 
the same period last year.  During the reporting period, post 
experienced a 15.72 percent decline in non-immigrant visa 
applications from 5,141 applicants (Mar-Sep 2008) to 4,333 (Mar-Sep 
 
2009).  These numbers document fewer non-immigrant visa applicants 
because of current economic conditions.  The ease of travel to 
neighboring countries, the lack of direct flights to the U.S., 
increased MRV fees and rigorous visa application procedures 
dissuade unqualified visa applicants.  Although the number of 
non-immigrant visa applicants has declined, the economic crisis has 
caused others to seek illegal employment in the U.S.  Information 
from DHS on I-275 forms shows previously issued middle class 
applicants engaging in unauthorized employment in the U.S. to earn 
extra income. 
 
 
 
----------------------------------------- 
 
NON-IMMIGRANT VISA FRAUD 
 
----------------------------------------- 
 
 
 
¶9. (U) Non-immigrant visa (NIV) fraud is generally found in a 
manageable percentage of applications.  It usually consists of fake 
or inflated employment letters and bank statements.  These fake 
documents are easily detected at intake in cases that are obvious 
candidates for refusal under section 214(b) of the Immigration and 
 
Nationality Act.  When the Consular Officer suspects that the 
applicant is using forged legal documents or bank statements, the 
Consular Officer (who also acts as Fraud Prevention Manager) 
coordinates with the NIV pre-screener (who also acts as a Fraud 
Investigator) and the Regional Security Office (RSO) to question 
the applicant about the provenance of the documents and to involve 
the local police. 
 
 
 
 ¶10. (SBU) The level of official corruption in Paraguay is very 
high.  It is not difficult to obtain bona-fide, but fraudulently 
issued official government documents by paying a small fee.  Some 
immigration officials are also unscrupulous.  A back-dated entry 
stamp indicating re-entry into Paraguay months or even years prior 
to the actual re-entry date can be easily obtained at the airport 
for amounts ranging from USD 20 to USD 100 depending on the 
negotiating expertise and contacts of the individual.  In some 
cases, Paraguayans have obtained this service by sending their 
passports via courier from the U.S. to Paraguay to have them 
stamped without ever leaving the U.S.  The risk of visa fraud is 
particularly high in some areas of the country, notably the towns 
of Caraguaty (approximately 60 miles from Asuncion) and Isla Pucu 
(approximately 52 miles from Asuncion), which are known for the 
number of inhabitants who have immigrated to the U.S., primarily to 
the New York and New Jersey areas. 
 
 
 
¶11. (U) Post conducts statistically sound validation studies. 
Typically, Asuncion validation studies yield confirmed overstay 
rates of one to three percent.  The non-immigrant visa category 
with the most fraud is B1/B2. 
 
 
 
¶12. (U) Post interviews a large number of teenagers (14 to 16 years 
of age) between February and June.  These "Disney season 
applicants" travel to Miami and Orlando to celebrate their "sweet 
15" birthdays.  The majority of Disney season applicants travel in 
large tour groups with well known travel agencies.  Few Disney 
season applicants travel with their parents or close relatives.  No 
Disney season applicants were refused this year or last year, as 
this is a low fraud category.  However, after Disney season, the 
refusal rate increased significantly as officers noted more 
unqualified applicants. 
 
 
 
---------------------------------- 
 
IMMIGRANT VISA FRAUD 
 
---------------------------------- 
 
 
 
¶14. (U) Post's cases of immigrant visa (IV) fraud have historically 
centered on employment visas.  These cases, which generally involve 
 
 
non-existent companies or positions for which the applicant did not 
have the required skills, have been most common among Korean 
applicants.  Post has also detected and investigated fraudulent 
marriages entered into solely for the purpose of obtaining 
immigration benefits, and there have been several cases of 
falsified New Jersey birth and marriage certificates in 
marriage-based petitions. 
 
 
 
¶15. (U) During the reporting period (March 1, 2009 to September 30, 
2009), one IV applicant was refused 5A for having entered into a 
marriage to obtain immigration benefits, two IV applicants were 
refused 9B1 for accruing unlawful presence, and one IV applicant 
was refused 6C1 and 9B2.  All other IV applicants during the 
reporting period that were refused were refused 221g for missing 
documentation.  Last year during the same time (March 1, 2008 to 
September 30, 2008), one IV applicant was refused 9B2, one IV 
applicant was refused 6C1, 6E and 9B2, and another IV applicant was 
refused 6C1.  Other IV applicants were refused 221g for missing 
documentation. 
 
 
 
------------------------------ 
 
DIVERSITY VISA FRAUD 
 
------------------------------ 
 
 
 
¶16. (U) Post historically has not experienced this type of fraud, 
most likely due to the loQber of Paraguayan diversity visa (DV) 
applicants.  However, Post's only DV applicant during the reporting 
period stood out.  The subject had been previously deported from 
the U.S., but subsequently obtained a B1/B2 visa via 
misrepresentation.  He attempted a change of status from B1/B2 to 
L1A, but was refused 6C1 and his petition was returned to the 
Department of Homeland Security for revocation.  He subsequently 
entered the U.S. without a visa through Ciudad Juarez, residing in 
Florida for two years.  At his DV interview on September 11, 2009, 
the subject again made false statements and misrepresented himself 
to a Consular Officer.  He was refused 9B2 and 6C1, and his 
petition was returned to the National Visa Center. 
 
 
 
------------------------------------------ 
 
ACS AND U.S. PASSPORT FRAUD 
 
------------------------------------------ 
 
 
 
¶17. (U) The little ACS fraud that is known or suspected by Post 
occurs when U.S. citizens register orphans as their own and 
subsequently apply for Consular Reports of Birth Abroad (CRBA) and 
passports, stating that the children are their biological 
offspring.  This did not occur during the reporting period. 
 
 
 
------------------------- 
 
ADOPTION FRAUD 
 
------------------------- 
 
 
 
¶18. (U) Adoption related fraud is not apparent at Post.  Paraguay 
does not permit adoption by foreigners who are not resident in the 
country.  Currently, inter-country adoption is technically open, 
but rarely granted.  The Paraguayan Central Authority gives 
priority to Paraguayans or foreigners resident in Paraguay before 
opening the adoption process up to foreigners living outside of 
Paraguay.  Given a waiting list of qualified resident adoptive 
parents, foreign adoptions are rare. 
 
 
 
---------------------------- 
 
USE OF DNA TESTING 
 
---------------------------- 
 
 
 
¶19. (U) Post occasionally uses DNA testing in IV and ACS cases. 
Use of DNA testing in NIV cases is rarely (if ever) done. 
 
 
 
--------------------------------------------- ---------- 
 
ASYLYM AND OTHER DHS BENEFIT FRAUD 
 
--------------------------------------------- ---------- 
 
 
 
¶20. (U) Post generally does not encounter asylum or other DHS 
benefit fraud.  We did not encounter this during the reporting 
period. 
 
 
 
 
 
--------------------------------------------- ---------------------- 
------------------------------- 
 
ALIEN SMUGGLING, TRAFFICKING, ORGANIZED CRIME, TERRORIST TRAVEL 
 
--------------------------------------------- ---------------------- 
------------------------------- 
 
 
 
¶21. (U) Paraguay is a source country for trafficked and smuggled 
aliens, but they are not always destined for the United States. 
Trafficking and smuggling visible to the Consular Section would 
most likely involve minor children of illegally present or 
undocumented aliens currently living in the United States or Spain. 
The Vice-Consul and FPU LES noticed that grandparents or aunts and 
uncles would claim they were taking children to Disney World in 
Orlando, Florida or New York for their birthdays, for the holidays 
or to reward them for being good students.  In most cases, the 
adult family members would deny that they had any relatives living 
in the United States.  In all cases during the reporting period the 
adult family members did not have legal guardianship of the 
children.  After careful questioning and a search in the CCD and 
ADIS, it was usually discovered that the minor's parent(s) had 
traveled to the U.S. on a tourist visa and over-stayed.  The cases 
did not appear to be connected, but the fraud pattern was the same. 
 
 
 
--------------------------------------------- ------ 
 
DS CRIMINAL FRAUD INVESTIGATIONS 
 
--------------------------------------------- ------ 
 
 
 
¶22. (U) The majority of suspect cases can be investigated during 
the course of the visa interview.  The FPU LES regularly checks the 
CCD and ADIS and calls his local bank, travel agency and 
immigration contacts when documents look altered or the applicant's 
body language and answers are out of place.  Since the interviewing 
Consular Officer is also the Fraud Prevention Manager, the majority 
of suspect cases are handled immediately.  Only when the Consular 
Officer believes it necessary to contact the RSO and other agencies 
at Post are cases refused 221g under the Immigration and 
Nationality Act.  When necessary, the RSO (or other agencies) will 
interview a suspect applicant.  There have been times when the RSO 
has contacted the National Police, resulting in the arrest of an 
applicant for altering or falsifying legal documents.  The Consular 
Section and RSO work closely on complex fraud cases since Asuncion 
is a small post with two Consular Officers and two DS agents.  An 
A/RSO-I position has been approved for Post.  This new position 
will allow Post to pursue and develop more complex investigations 
that current personnel limitations permit. 
 
--------------------------------------------- ---------------------- 
---------------------------- 
 
HOST COUNTRY PASSPORT, IDENTITY DOCUMENTS AND CIVIL REGISTRY 
 
--------------------------------------------- ---------------------- 
---------------------------- 
 
 
 
¶23. (U) The Government of Paraguay recently announced the 
modernization and redesign of the Paraguayan National Passport. 
Packed with security features and produced in a new, modern, 
up-to-date and secure production facility, it sets a new standard 
among Mercosur countries for anti-counterfeiting measures. 
Development of the new passport was funded by the Millennium 
Challenge Corporation's Threshold Country Program.  Visible and 
invisible features are built into the passport as well as the 
passport security laminate.  Once the passport is produced, it 
cannot be altered without severe damage to the passport, which 
prevents fraud. 
 
 
 
¶24. (U) Some of the publicly-disclosed features of the new 
Paraguayan National Passport include: prismatic printing, invisible 
page numbers, raised printing with texture, very small text, hidden 
images when the passport is tilted, holographic images, invisible 
designs  and watermarks.  Many Paraguayans continue to have the 
former low-tech, but ICAO-compliant passport.  The former passport 
is particularly vulnerable to photo-substitution. 
 
 
 
¶25. (SBU) The passport application process is challenged by endemic 
corruption and the lack of integrity.  No automated record checks 
are utilized to vet passport applications.  Furthermore, passports 
can be renewed long after their expiration without the bearer 
having to provide a new photograph, which also makes the Paraguayan 
passport vulnerable to use by impostors.  The Paraguayan passport 
is coveted by other South American nationalities that require visas 
for travel to the European Union.  Recent cases during the 
reporting period documented passport fraud involving Colombian 
nationals using valid, but illegally obtained Paraguayan passports. 
 
 
 
¶26. (U) The Government of Paraguay has also redesigned and 
modernized the Paraguayan National ID (Cedula de Identidad Civil 
Paraguaya).  The new Paraguayan National ID is produced in the same 
secure production facility as the new Paraguayan National Passport. 
Visible and invisible security features are incorporated into the 
new Paraguayan National ID such as prismatic printing, 
micro-printing, machine readable technology, holographic images and 
fine lines. 
 
 
 
¶27. (SBU) Other civil documentation is very lightly controlled. 
Post requires most civil documents used to support consular 
applications (birth certificates, marriage certificates and death 
certificates) to be legalized at a civil registry office or at the 
Ministry of External Relations, depending on the document.  Post, 
as a rule, does not consider civil documentation by itself to be 
absolute proof of the facts claimed by the document. 
 
 
 
--------------------------------------------- ---------------------- 
-------- 
 
COOPERATION WITH HOST GOVERNMENT AUTHORITIES 
 
--------------------------------------------- ---------------------- 
-------- 
 
 
 
¶28. (SBU) Cooperation with Government of Paraguay authorities on 
consular fraud issues is generally good.  However, prosecutors are 
sometimes hamstrung when the apparent victim of a fraud scheme - 
usually someone who has paid money to a visa "fixer" who has no 
connection to the Embassy and no intention of ever getting a visa 
for the victim - declines to go forward with a police report.  That 
said, police cooperation has been very good, helping the Embassy 
 
create an atmosphere that deters attempts at visa fraud. 
 
 
 
-------------------------------------------- 
 
AREAS OF PARTICULAR CONCERN 
 
-------------------------------------------- 
 
 
 
¶29. (SBU) Easy access to fraudulent documents is the primary area 
of concern, particularly when they are used to paper over possible 
illegal activity in Ciudad del Este and the Tri-border region. 
Internal controls in both the manufacture and issuance processes of 
birth certificates are virtually non-existent.  Records are kept 
manually, and it is common practice in Paraguay to register a birth 
up to twenty years after the actual date of birth.  Compounding 
this lack of internal controls is the unfortunate fact that a large 
percentage of the Civil Registry workforce is unpaid and therefore 
vulnerable to bribes. 
 
 
 
---------------------------------- 
 
STAFFING AND TRAINING 
 
---------------------------------- 
 
 
 
¶30. (U) Post is at full staffing with two Consular Officers and 
four LES.  CA and DS have approved a new A/RSO-Investigator 
position.  Ernest J. Abisellan is the Consul and Accountable 
Consular Officer.  He completed PC441 Passport Data Security 
Awareness and is currently enrolled in PC400 Consular Management 
Controls.  Olga Elena Bashbush is the Vice-Consul, Fraud Prevention 
Manager and back-up Accountable Consular Officer.  She completed 
PC440 Processing Security Advisory Opinions, PC441 Passport Data 
Security Awareness, PC400 Consular Management Controls and attended 
the Consular Fraud Prevention Conference in Miami, Florida. Post's 
Fraud Investigator and an NIV Assistant attended a Department of 
Justice, Federal Bureau of Investigation and Internal Revenue 
Service course on money laundering and financing terrorism from 
September 22-25 in AsuncionQ 
 
 
AYALDE 
AYALDE