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  EXCLUSIVE: U.S. demands nations provide more traveler data or face sanctions

  
  

  The U.S. State Department will require all nations to provide extensive data to help it vet visa applicants and determine whether a traveler poses a terrorist threat, according to a cable obtained by Reuters. 

  Countries that fail to comply with the new protocols or take steps to do so within 50 days could face travel sanctions. 

  Read the cable here:
  

  
  

  MRN:
  17 STATE 72000

  Date/DTG:
  Jul 12, 2017 / 121619Z JUL 17

  From: SECSTATE WASHDC

  Action:
  SOMALIA, USMISSION ROUTINE ;

  ALL
  DIPLOMATIC AND CONSULAR POSTS COLLECTIVE ROUTINE

  E.O.:
  13526

  TAGS:
  CVIS, PGOV, PINS, PTER, PREL, CMGT, KCSY, KHLS

  Captions:
  SENSITIVE

  Reference:
  A) COUNTRY LISTS AND ADDITIONAL POINTS TRANSMITTED TO CERTAIN POSTS

  BY
  REGIONAL BUREAUS

  B)
  E-MAIL DATA CALL FOR E.O. 13769 TO ALL POSTS DATED FEBRUARY 3, 2017

  Pass
  Line: CA, POL, ECON, CT WORKING GROUP, AND LAW ENFORCEMENT WORKING GROUP

  Subject:
  Demarche Request: E.O 13780 - Improving Information Sharing with Foreign
  Governments

  1.
  (U) This is an action request. Please see paragraphs 7, 9, 10, 11, and 12.

  2.
  (SBU) SUMMARY: In response to Executive Order (EO) 13780, the Secretary of Homeland
  Security, in consultation with the Secretary of State and the Director of National Intelligence, has produced a report outlining what information is needed from every country in order to sufficiently vet the nationals of that country in order to obtain a visa, admission at a port of entry, or other immigration benefit. The report, which prioritizes country engagement based on certain risk factors, establishes standards related to (1) identity management and (2) information sharing on security and public safety threats. The report includes a classified list of countries preliminarily assessed as not meeting the standards set out in the report and a list of those at risk of not meeting these standards. The classified country lists and country-specific talking points have been sent septel to impacted posts (ref A).

  3.
  (SBU) SUMMARY, CONT: This cable initiates a 50-day engagement period, as called for in Section 2(d) of the EO, in which posts must inform host governments of the new information sharing standards and request that host governments provide the requested information or develop a plan to do so.

  Additionally, posts should askhost

  governments to respond to a series of questions to ensure the accuracy of the
  report’s assessment. Posts

  should
  engage more intensively with countries the report preliminarily deems
  inadequate in their information

  sharing
  or at risk of being deemed inadequate. Where appropriate, discussions should
  also include the need to

  repatriate
  nationals who are subject to a final order of removal from the United States.
  The Department also

  requests
  posts’ assessment of mitigating factors or specific interests that should be
  considered in the deliberations

  regarding
  any travel sanctions. Posts should note that the list of countries deemed
  inadequate or at-risk is

  classified
  and should not be discussed outside of official channels. Talking points will
  be available on CAWeb.

  END
  SUMMARY.

  CLASSIFICATION:
  UNCLASSIFIED

  Page
  1 of 7

  (U)
  Background

  4. (SBU)
  On March 6, the President issued EO 13780 (Protecting the Nation from Foreign
  Terrorist Entry into

  the
  United States). Soon thereafter, Section 2 of the EO was enjoined by the
  courts. Recently, the injunction on

  the
  provisions of Section 2 requiring a review of immigration-related information
  sharing by foreign

  governments
  was lifted. This has allowed work to resume on Sections 2(a) and (b) of the EO,
  which direct the

  Secretary
  of Homeland Security, in consultation with the Secretary of State and Director
  of National

  Intelligence,
  to “conduct a worldwide review to identify whether, and if so what, additional
  information will be

  needed
  from each foreign country to adjudicate an application by a national of that
  country for a visa, admission,

  or
  other benefit under the INA (adjudication) in order to determine that the
  individual is not a security or publicsafety

  threat.”
  The Secretary of Homeland Security, in consultation with the Secretary of State
  and Director of

  National
  Intelligence, is directed to submit a report to the President identifying “the
  information needed from

  each
  country for adjudications and a list of countries that do not provide adequate
  information.” This cable

  outlines
  the results of the report submitted to the President on July 10 and provides
  posts with guidance to help

  foreign
  governments understand and meet the standards developed in the report, as
  called for in Section 2(d) of

  the
  EO. For more details on the executive order, please consult the complete text
  at the White House website.

  (U)
  New Standards

  5.
  (SBU) The report outlines the new standards that all 191 countries are required
  to meet for (1) information

  sharing
  on identity management and (2) information sharing on security and public
  safety threats. The standards

  reflect
  a mix of long-standing U.S. government goals and standards established by
  international bodies such as

  the
  United Nations (UN), the International Civil Aviation Organization (ICAO), and
  INTERPOL. The report

  concluded
  that three types of information sharing/cooperation are needed to establish a
  traveler’s identity, and

  four
  types of information sharing/cooperation are needed to ensure that a traveler
  is not a terrorist or public safety

  threat
  (see para 9). The report also discusses “national security risk indicators”
  that helped prioritize countries

  for
  engagement. Finally, as required under the EO, the report provides a classified
  list of countries that DHS has

  preliminarily
  assessed as not providing adequate information, as well as countries at risk of
  not providing

  adequate
  information.

  (U)
  Non-Compliance Could Lead to Sanction

  6.
  (SBU) Section 2(d) of the Executive Order directs the Secretary of State to
  request that all foreign

  governments
  assessed as not supplying adequate information begin to do so within 50 days of
  notification or

  develop
  a credible plan for increased information sharing. Section 2(e) of the
  Executive Order instructs the

  Secretary
  of Homeland Security, in consultation with the Secretary of State and the
  Attorney General, following

  the
  end of the 50-day period, to submit to the President a list of countries
  recommended for inclusion in a

  presidential
  proclamation that would prohibit the entry of designated categories of foreign
  nationals of those

  countries
  that have not provided the information requested or produced an adequate plan
  to do so. While the

  Executive
  Order provides for flexibility in assessing countries’ responsiveness, the
  intent of the order is to press

  countries
  to improve their performance. The information that posts collect during this
  demarche process will feed

  into
  deliberations regarding which states, if any, the Secretary of Homeland
  Security will recommend for

  inclusion
  in a presidential proclamation.

  (U)
  Demarche Objectives

  7. (SBU)
  Engagement with foreign governments should draw on the resources and expertise
  of the entire country

  team.
  Posts are instructed to demarche both the Ministry of Foreign Affairs and
  Ministry of Interior (or

  equivalents)
  at the highest appropriate level with the points provided below, as well as
  other ministries as

  appropriate.
  Posts should request a response from host government counterparts in time to
  submit a frontchannel

  cable
  to the Department by July 21. Posts should also use this demarche to update
  and/or clarify any

  information
  provided during the February 3, 2017, data call (ref B). Responses should be
  slugged for CA/VO,

  CT/TSI,
  and L/CA and e-mailed to Matthew Paschke, William McCulla, Abbas Ravjani, and
  Joel Nantais, in

  CLASSIFICATION:
  UNCLASSIFIED

  Page
  2 of 7

  addition
  to the country desk representative.

  8.
  (SBU) The objectives of this demarche are as follows:

  · Announce the new standards to all foreign governments and
  call for compliance with Executive Order

  13780.

  · Clarify that the standards require information sharing in
  support of vetting visa, border, and immigration

  applications.
  Information sharing in support of other objectives that may not be used for
  adjudicating

  immigration-related
  applications will not count toward compliance.

  · Inform those governments assessed as not supplying adequate
  information, or at risk of being so

  assessed,
  that we will work with them as they determine how they can meet the new
  baseline standards.

  · Underscore that while it is not our goal to impose a ban on
  immigration benefits, including visas, for

  citizens
  of any country, these standards are designed to mitigate risk and failure to
  make progress could

  lead
  to security measures by the USG, including a presidential proclamation that
  would prohibit the entry

  of
  certain categories of foreign nationals of non-compliant countries.

  9.
  (U) Posts may leave these talking points behind, if desired. If-asked press
  guidance will be posted on CAWeb.

  (U)
  BEGIN TALKING POINTS

  [The
  points below are to be delivered to ALL countries]

  · In accordance with Executive Order 13780, the Department of
  Homeland Security, in consultation with

  the
  Department of State and the Director of National Intelligence, has established
  a new set of standards

  regarding
  the information all foreign governments should share with the U.S. Government
  in order to

  allow
  the U.S. Government to verify the identity of all foreign travelers and
  immigration applicants and

  ascertain
  that they do not pose a threat to U.S. security or public safety. This is the
  first time that the U.S.

  Government
  is setting standards for the information that is required from all countries
  specifically in

  support
  of immigration and traveler vetting. We are asking all countries to look at
  areas to better enhance

  our
  collective security.

  · The Secretary of Homeland Security, in consultation with
  the Secretary of State and the Director of

  National
  Intelligence, has established the following standards for identity-related
  information-sharing

  by
  foreign governments whose nationals seek to travel to the United States:

  · Countries should issue, or have active plans to issue,
  electronic passports that conform to ICAO

  specifications
  and include a facial biometric image to enable verification of travel
  documents;

  · Countries should regularly report lost and stolen
  passports, whether issued or blank, to the

  INTERPOL
  Stolen and Lost Travel Document Database to maintain the integrity of travel

  documents;
  and

  · Countries should make available any other identity information
  at the request of the U.S.

  including,
  as appropriate, additional biographic and biometric data and relevant
  immigration

  status.

  · The Secretary of Homeland Security, in consultation with
  the Secretary of State and the Director of

  National
  Intelligence, has also established the following standards for measuring
  information-sharing

  related
  to terrorism or public safety threats by foreign governments whose nationals
  seek to travel to

  the
  United States:

  · Countries should make available information, including
  biographic and biometric data, on

  individuals
  it knows or has reasonable grounds to believe are terrorists, including foreign
  terrorist

  fighters,
  through appropriate bilateral or multilateral channels;

  · Countries should make available through appropriate
  bilateral or multilateral channels criminal

  history
  record information, including biographic and biometric data, on its nationals,
  as well as

  permanent
  and temporary residents, who are seeking U.S. visas or border or immigration
  benefits;

  · Countries should provide exemplars of all passports and
  national identity documents they issue to

  CLASSIFICATION:
  UNCLASSIFIED

  Page
  3 of 7

  the
  U.S. Department of Homeland Security’s Immigration and Customs Enforcement
  Forensic

  Laboratory,
  including applicable date ranges and numbering sequences, as required, in order
  to

  improve
  U.S. Government fraud detection capabilities;

  · Countries should not impede the transfer to the U.S.
  Government of information about passengers

  and
  crew traveling to the United States, such as Advance Passenger Information and
  Passenger

  Name
  Records; and

  · Countries should not designate individuals for
  international watchlisting as national security

  threats
  or criminals solely based on their political or religious beliefs.

  · The Secretary of Homeland Security, in consultation with
  the Secretary of State and the Director of

  National
  Intelligence, also identified three security risk indicators relevant to the
  USG’s ability to vet a

  country’s
  nationals for admissibility to the United States:

  · Countries should take measures to ensure that they are not
  and do not have the potential to

  become
  a terrorist safe haven;

  · Countries should accept the repatriation of their nationals
  who are subject to a final order of

  removal
  in the United States and provide travel documents to facilitate their removal;

  · Visa Waiver Program countries should meet the statutory and
  policy requirements of the Visa

  Waiver
  Program.

  · After 50 days, the Secretary of Homeland Security, in
  consultation with the Secretary of State and the

  Attorney
  General, must submit to the President a list of countries recommended for
  inclusion on a

  presidential
  proclamation prohibiting the entry of designated categories of their nationals
  because those

  countries
  do not meet the new standards or have an inadequate plans to do so.

  · These standards build upon our existing partnerships with
  other countries and multilateral organizations

  such
  as ICAO and INTERPOL to increase the reliability of travel documents and the
  sharing of

  information
  about known or suspected terrorists and known criminals. They also reinforce UN
  Security

  Council
  Resolutions 1373, 1624, 2178, and 2322, which call on all member states to
  cooperate in sharing

  information
  on the movements of terrorists and require all states to prevent the movement
  of terrorists or

  terrorists
  groups through effective border controls and controls on the issuance of
  identity papers and

  travel
  documents.

  [Deliver
  the following point to non-Visa Waiver Program countries]

  · We will work with you to assess whether your country
  currently meets these standards and, if it does not,

  design
  a plan to allow it to do so.

  · In order allow us to evaluate fully and accurately whether
  your country meets these standards, we are

  requesting
  your help in answering a series of questions. It is critical that you provide
  us this information

  by
  [a date determined by Post to submit cable by July 21]. Failure to provide this
  information in a timely

  manner
  will require us to assume your country does not meet the standards.

  [Deliver
  the following points to Visa Waiver Program countries]

  · We recognize that many of these new worldwide standards
  overlap with those already required by the

  Visa
  Waiver Program (VWP), and wish to highlight that they apply to all forms of
  travel and immigration

  benefits
  sought by foreign nationals, and not only to visas for travel.

  · The United States seeks to continue and deepen the security
  partnerships fostered by the VWP, including

  by
  ensuring that our cooperation supports immigration and traveler vetting,
  enhances global security, and

  impedes
  the travel of terrorists and criminals. The Department of Homeland Security
  would be pleased to

  discuss
  further how our existing cooperation can better achieve this goal.

  · The Department of Homeland Security will continue to engage
  VWP countries on the requirements set

  forth
  in the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of
  2015.”

  [Deliver
  the following point only to countries identified septel A as failing to meet the
  information

  standards
  set out in the report (Category A countries).]

  CLASSIFICATION:
  UNCLASSIFIED

  Page
  4 of 7

  · Based on preliminary data, DHS has concerns your country is
  not fully meeting the new informationsharing

  standards.
  We urge you to work with us to provide detailed answers to our questions as
  soon as

  possible
  to clarify your practices and policies. While we recognize these standards may
  be exacting, they

  are
  necessary to ensure effective U.S. border and immigration controls. We are
  committed to working

  with
  you to achieve them and to taking into account your government’s commitment and
  effort toward

  these
  shared goals.

  [Deliver
  the following point only to countries identified septel A as at risk of failing
  to meet the

  standards
  set out in the report (Category B countries).]

  · Based on preliminary data, DHS believes your country may be
  at risk of not fully meeting the new

  information-sharing
  standards. While your country is appropriately sharing information in certain
  areas,

  there
  are other areas the United States seeks additional cooperation. We urge you to
  work with us to

  provide
  detailed answers to our questions as soon as possible to clarify your practices
  and policies. While

  we
  recognize these standards may be exacting, they are necessary to ensure
  effective U.S. border and

  immigration
  controls. We are committed to working with you to achieve them and to taking
  into account

  your
  government’s commitment and effort toward these shared goals.

  [If
  raised by a non-VWP country that is in neither Category A nor B]

  · Our initial review indicated that your country appears to
  meet the new information-sharing standards.

  However,
  we would appreciate your assistance in responding to a series of questions that
  will help us

  definitively
  ascertain that you meet or exceed these new standards.

  (U)
  END TALKING POINTS

  (U)
  Leave-Behind Questions for non-VWP Foreign Governments

  10.
  (SBU) In order to enhance an assessment of whether foreign governments meet the
  new baseline standards,

  posts
  are requested to work with their host country to submit answers to the
  following questions. While the

  burden
  of fully answering these questions is intended to be on the host country, we
  urge posts to devote whatever

  country
  team resources are needed to ensure the Department receives a timely and
  accurate response. Please

  ensure
  that responses accurately reflect the full extent of the host government’s
  compliance with these standards.

  Posts
  may leave these questions with the host government after delivering the demarche.
  Please note the “Leave-

  Behind”
  questions are NOT/NOT to be provided to VWP countries, as DHS regularly
  assesses their information

  sharing,
  border screening capacity, and document security as part of their participation
  in the VWP.

  11.
  (U) Please submit all responses as an attachment to the front-channel cable
  detailing the host government

  response
  to the demarche by July 21, using the attached spreadsheet template, on either
  the unclassified or

  classified
  system, as appropriate. Embassies that are responsible for maintaining
  relations with more than one

  country
  should complete a response for each country.

  (U)
  BEGIN QUESTIONNAIRE

  A.
  Identity Information Sharing:

  · Are all passports issued by your government
  machine-readable? If not, please describe which classes of

  passport
  are not machine-readable.

  · Does your government issue electronic passports that
  conform to ICAO specifications and include a

  facial
  biometric image? (Such passports contain an electronic chip in the passport
  cover that contains

  data
  related to the passport and its holder.) If yes, does your government issue
  such passports as a rule or

  only
  to a subset of travelers? If not, does your government have concrete plans to
  introduce an electronic

  Page
  5 of 7

  CLASSIFICATION:
  UNCLASSIFIED

  passport?

  · Does your government participate in the ICAO electronic
  passport Public Key Directory? If your

  country
  issues electronic passports but does not participate, please explain why and
  describe whether you

  have
  plans to do so in the near future.

  · Does your government report lost or stolen passports, both
  issued and blank, to the INTERPOL Stolen

  and
  Lost Travel Document Database? If so, please describe how frequently you report
  data. Does your

  government
  invalidate documents and the associated document numbers after they are
  reported lost or

  stolen
  or do they remain in circulation? Please describe any barriers to your
  government’s active

  participation
  in this multilateral mechanism.

  B.
  Terrorism and public safety threat information sharing:

  · Does your government regularly provide the U.S. government biographic and/or biometric data on known or suspected terrorists (regardless of citizenship), including foreign fighters? If so, through which channels? Does your government place any restrictions on the use of this information?

  · Does your government contribute identities of foreign terrorist fighters and their facilitators who have departed from, arrived in, or transited your territory to the Interpol FTF Fusion Cell?

  · Does your government make records of arrests and convictions in your country available to the United States to support border, immigration, and visa vetting? If so, via which process? Does your government place restrictions on the use of such information, such as limiting its use to law enforcement investigations?

  · Does your government issue INTERPOL notifications for all wanted terrorists and felons? If so, please describe how frequently and extensively you report data. Does your government restrict the sharing of such notifications with the United States or any other country? If so, please describe.

  · Does your government prevent air carriers or vessel operators from releasing information about travelers to the U.S. government?

  (U)
  Questions for Posts

  12. (SBU) In order to fully assess foreign governments’ performance, posts in countries that are not/not members of the VWP should provide responses to the following questions, soliciting full country team input and views.

  Posts should not/not share these questions with foreign governments in order to obtain their input:

  · Provide post’s assessments of the host government’s willingness or capability to meet these new standards, including potential implications for reciprocity or collateral damage to bilateral relations.

  · Assess the integrity of the process by which the host government establishes the identity of passport holders and issues travel documents. Please describe any barriers to improving any deficiencies in the process and actions that post takes to mitigate those deficiencies when relying on host country passports.

  · Does the host government respond to post’s requests to confirm the identity of its nationals? If not, what are the barriers to such collaboration? If so, please provide examples.

  · Is the host government responsive to requests from the U.S. government for criminal information on its citizens and residents? If not, please describe the barriers to such information sharing. If so, please provide examples.

  · Does the host government designate individuals for watchlisting as national security threats or criminals because they exercise their political, religious, or other fundamental human rights? If so, how frequently?

  · What steps has your host government taken to deny terrorists space in which to operate? Are there ungoverned, under-governed, or ill-governed physical areas in the host country or bureaucratic practices that allow mala fide travelers to use host country passports to travel to the United States? What steps has your host government taken to work with the USG? And what further steps could we could ask the host government to take?

  · Assess whether the host government will require capacity
  building assistance to meet these new standards and explain whether any such programs are planned or underway.

  Page
  6 of 7

  CLASSIFICATION:
  UNCLASSIFIED

  13.
  (U) The Department appreciates posts’ efforts to provide the requested
  information on such short deadlines.

  MINIMIZE
  CONSIDERED

  Signature:
  Tillerson

  by elizabeth.culliford edited by Canice Leung 7/13/2017 6:39:43 PM

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