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R 311753Z DEC 09
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC 0489
INFO WESTERN HEMISPHERIC AFFAIRS DIPL POSTS
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/FBI WASHINGTON DC
RHMFIUU/TSA HQ WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
RUMIESS/SOUTHCOM IESS MIAMI FL

UNCLAS SECTION 01 OF 02 SANTIAGO 001270 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON PGOV EAIR PTER PINS CI
SUBJECT: Chile Working Avidly to Comply with TSA Security Directives 
 
¶1.  Summary:  Since Saturday, December 26, Post has been in regular 
contact with the Ministry of Foreign Affairs (MFA), Chile's General 
Directorate of Civil Aviation (DGAC) and the three airlines (LAN 
Chile, Delta, and American) that operate non-stop flights to the 
United States.  Although legal concerns regarding pat-downs have 
yet to be fully resolved and logistical challenges remain, both GOC 
authorities and the airlines are fully committed to meeting TSA 
security requirements.  Post has been advised that DGAC and 
airlines representatives met December 30 to begin jointly 
developing an alternate screening proposal for TSA approval.  Thus 
far, they have reached consensus on and have begun the use of 
explosives-sniffing dogs to screen passengers prior to boarding. At 
this point, there is excellent coordination among civil aviation 
authorities and the airlines.  Post strongly supports the use of 
explosive-sniffing dogs as an interim security measure and 
encourages DHS/TSA to continue to work with DGAC and the airlines 
to ensure compliance with security requirements.  End summary. 
 
 
 
Ministry of Foreign Affairs Supports Compliance 
 
--------------------------------------------- --------------- 
 
 
 
¶2.  Post delivered TSA Aviation Security Directive (SD) 1544-09-06 
and Aviation Emergency Amendment (EA) 1546-09-01 to the Ministry of 
Foreign Affairs (MFA) on Sunday, December 27.  On December 28, DCM 
and EPOLoff met with MFA officials to discuss the aviation security 
situation.   The MFA's clear message was that it will advocate full 
compliance with TSA security directives.  Ministry officials 
stressed that Foreign Minister Mariano Fernandez has asked to be 
kept fully updated on the issue.  MFA Sub-director for 
International and Human Security, Eduardo Tapia, has the lead 
within the MFA on civil aviation and is the liaison with Chile's 
General Directorate of Civil Aviation (DGAC).  He remains our key 
interlocutor at the MFA.  Other meeting attendees were Isauro 
Torres, Director for North America, and three representatives from 
Consular Affairs. 
 
 
 
Civil Aviation Authorities and Airlines Also Committed and Working 
on a Solution 
 
--------------------------------------------- ---------------------- 
----------------------------------- 
 
 
 
¶3.  On December 28, Embassy representatives from State, FBI, and 
DOD met with representatives from DGAC, MFA, Chile's national 
airline (LAN) and American Airlines to discuss the TSA DS and EA. 
Emboffs provided attendees with copies of the unclassified FBI 
Intelligence Bulletin regarding the case, as well as the Criminal 
Complaint filed against the alleged terrorist suspect.  The DGAC, 
LAN and American Airlines expressed full commitment to implementing 
TSA security measures, but noted legal concerns regarding 
pat-downs, along with the logistical challenges that must be 
addressed. 
 
 
 
¶4.  Meeting participants included Hector Barrientos National 
Director for Airports and Aeronautical Services, DGAC; Juan Luis 
Rodriguez, Chief sub-department Airport Services, DGAC; Eduardo del 
Canto, Chief of Santiago Arturo Merino Benitez Airport, DGAC; Jos???? 
Ili, Chief of Security, Santiago Airport, DGAC; Eduardo Tapia, MFA; 
Francisco Sotomayor, Security Manager, LAN; Gabriela Peralta, 
Airport Manager, American Airlines; and, Jean Paul Riquelme, 
International Security Coordinator, American Airlines. Delta, the 
third carrier that operates direct, non-stop flights to the U.S., 
did not attend the meeting.  Post has subsequently been in contact 
with Pablo Terciera, the Delta  representative covering Chile 
operations from Argentina. 
 
 
 
¶5.  The three airlines operate a total of five daily, non-stop 
 
SANTIAGO 00001270  002 OF 002 
 
 
flights to four U.S. cities -- Atlanta, Dallas, Miami and New York 
-- transporting over 1,000 passengers per day.  Currently, American 
and LAN each operate two flights per day and Delta operates has one 
flight per day.  All flights depart Santiago in the evening, 
between 8:30 p.m. and 11:30 p.m. local time. 
 
 
 
¶6.  At the meeting, DGAC and airline reps advised that 
pat-downs/body searches are prohibited by Chile's constitution 
unless there is reasonable cause/suspicious behavior.   Several 
alternatives were discussed to overcome this legal obstacle.  LAN 
Chile also indicated that they have explosive-detecting wands that 
they could use, but the other airlines do not have this technology. 
This raised the further concern that uneven implementation of 
security measures among the airlines might result in public 
perception that U.S. airlines had received some sort of special 
dispensation from TSA.  Emboffs acknowledged this concern and 
suggested the airlines develop a joint proposal for implementation 
of the security directives for TSA approval. 
 
 
 
Communication and Cooperation Among Airlines - Current Status of 
Security Measures 
 
--------------------------------------------- ---------------------- 
---------------------------------------- 
 
 
 
¶7.  Airline representatives met again on December 30 to attempt to 
coordinate a proposal for TSA approval.  All three airlines are 
currently coordinating with DGAC to use six PDI-trained/handled 
explosive-sniffing canines to screen all U.S.-bound passengers at 
boarding gates.  All three airlines also report that, although 
there have been some delays, U.S.-bound travelers have been 
generally cooperative. 
 
 
 
¶8.  Regarding the TSA requirement for 100% pat-downs,  Delta and 
American maintain that they cannot pat down passengers without 
legal authority.  LAN security manager Sotomayor advises that many 
of their passengers non-stop flights to the U.S. are under-going 
pat-downs performed by LAN employees after providing oral, 
voluntary authorization; for women the pat-down is more 
superficial; babies, young children, and teenagers under 16 who are 
traveling with their parents are excluded from pat-downs; and LAN's 
lawyers are in the process of developing a voluntary authorization 
form to be signed by consenting passengers.  Furthermore, Sotomayor 
advises he has been in contact with TSA Miami (John Devine) to 
strategize on ways to establish common practices with Delta and 
American. 
 
 
 
Comment 
 
------------ 
 
 
 
¶9.  Post is maintaining regular contact with the MFA, DGAC and the 
airlines, to pass information and keep up to date on implementation 
measures.  To date, coordination among civil aviation authorities 
and the airlines has been excellent.  Post strongly supports the 
use of explosive-sniffing dogs as an interim security measure and 
encourages DHS/TSA to continue to work with DGAC and the airlines 
to ensure compliance with security requirements. 
SIMONS