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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 72000Date/DTG:
Jul 12, 2017 / 121619Z JUL 17From: SECSTATE WASHDC
Action:
SOMALIA, USMISSION ROUTINE ;ALL
DIPLOMATIC AND CONSULAR POSTS COLLECTIVE ROUTINEE.O.:
13526TAGS:
CVIS, PGOV, PINS, PTER, PREL, CMGT, KCSY, KHLSCaptions:
SENSITIVEReference:
A) COUNTRY LISTS AND ADDITIONAL POINTS TRANSMITTED TO CERTAIN POSTSBY
REGIONAL BUREAUSB)
E-MAIL DATA CALL FOR E.O. 13769 TO ALL POSTS DATED FEBRUARY 3, 2017Pass
Line: CA, POL, ECON, CT WORKING GROUP, AND LAW ENFORCEMENT WORKING GROUPSubject:
Demarche Request: E.O 13780 - Improving Information Sharing with Foreign
Governments1.
(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. Postsshould
engage more intensively with countries the report preliminarily deems
inadequate in their informationsharing
or at risk of being deemed inadequate. Where appropriate, discussions should
also include the need torepatriate
nationals who are subject to a final order of removal from the United States.
The Department alsorequests
posts’ assessment of mitigating factors or specific interests that should be
considered in the deliberationsregarding
any travel sanctions. Posts should note that the list of countries deemed
inadequate or at-risk isclassified
and should not be discussed outside of official channels. Talking points will
be available on CAWeb.END
SUMMARY.CLASSIFICATION:
UNCLASSIFIEDPage
1 of 7(U)
Background4. (SBU)
On March 6, the President issued EO 13780 (Protecting the Nation from Foreign
Terrorist Entry intothe
United States). Soon thereafter, Section 2 of the EO was enjoined by the
courts. Recently, the injunction onthe
provisions of Section 2 requiring a review of immigration-related information
sharing by foreigngovernments
was lifted. This has allowed work to resume on Sections 2(a) and (b) of the EO,
which direct theSecretary
of Homeland Security, in consultation with the Secretary of State and Director
of NationalIntelligence,
to “conduct a worldwide review to identify whether, and if so what, additional
information will beneeded
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 publicsafetythreat.”
The Secretary of Homeland Security, in consultation with the Secretary of State
and Director ofNational
Intelligence, is directed to submit a report to the President identifying “the
information needed fromeach
country for adjudications and a list of countries that do not provide adequate
information.” This cableoutlines
the results of the report submitted to the President on July 10 and provides
posts with guidance to helpforeign
governments understand and meet the standards developed in the report, as
called for in Section 2(d) ofthe
EO. For more details on the executive order, please consult the complete text
at the White House website.(U)
New Standards5.
(SBU) The report outlines the new standards that all 191 countries are required
to meet for (1) informationsharing
on identity management and (2) information sharing on security and public
safety threats. The standardsreflect
a mix of long-standing U.S. government goals and standards established by
international bodies such asthe
United Nations (UN), the International Civil Aviation Organization (ICAO), and
INTERPOL. The reportconcluded
that three types of information sharing/cooperation are needed to establish a
traveler’s identity, andfour
types of information sharing/cooperation are needed to ensure that a traveler
is not a terrorist or public safetythreat
(see para 9). The report also discusses “national security risk indicators”
that helped prioritize countriesfor
engagement. Finally, as required under the EO, the report provides a classified
list of countries that DHS haspreliminarily
assessed as not providing adequate information, as well as countries at risk of
not providingadequate
information.(U)
Non-Compliance Could Lead to Sanction6.
(SBU) Section 2(d) of the Executive Order directs the Secretary of State to
request that all foreigngovernments
assessed as not supplying adequate information begin to do so within 50 days of
notification ordevelop
a credible plan for increased information sharing. Section 2(e) of the
Executive Order instructs theSecretary
of Homeland Security, in consultation with the Secretary of State and the
Attorney General, followingthe
end of the 50-day period, to submit to the President a list of countries
recommended for inclusion in apresidential
proclamation that would prohibit the entry of designated categories of foreign
nationals of thosecountries
that have not provided the information requested or produced an adequate plan
to do so. While theExecutive
Order provides for flexibility in assessing countries’ responsiveness, the
intent of the order is to presscountries
to improve their performance. The information that posts collect during this
demarche process will feedinto
deliberations regarding which states, if any, the Secretary of Homeland
Security will recommend forinclusion
in a presidential proclamation.(U)
Demarche Objectives7. (SBU)
Engagement with foreign governments should draw on the resources and expertise
of the entire countryteam.
Posts are instructed to demarche both the Ministry of Foreign Affairs and
Ministry of Interior (orequivalents)
at the highest appropriate level with the points provided below, as well as
other ministries asappropriate.
Posts should request a response from host government counterparts in time to
submit a frontchannelcable
to the Department by July 21. Posts should also use this demarche to update
and/or clarify anyinformation
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, inCLASSIFICATION:
UNCLASSIFIEDPage
2 of 7addition
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 Order13780.
· Clarify that the standards require information sharing in
support of vetting visa, border, and immigrationapplications.
Information sharing in support of other objectives that may not be used for
adjudicatingimmigration-related
applications will not count toward compliance.· Inform those governments assessed as not supplying adequate
information, or at risk of being soassessed,
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, forcitizens
of any country, these standards are designed to mitigate risk and failure to
make progress couldlead
to security measures by the USG, including a presidential proclamation that
would prohibit the entryof
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 withthe
Department of State and the Director of National Intelligence, has established
a new set of standardsregarding
the information all foreign governments should share with the U.S. Government
in order toallow
the U.S. Government to verify the identity of all foreign travelers and
immigration applicants andascertain
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 insupport
of immigration and traveler vetting. We are asking all countries to look at
areas to better enhanceour
collective security.· The Secretary of Homeland Security, in consultation with
the Secretary of State and the Director ofNational
Intelligence, has established the following standards for identity-related
information-sharingby
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 ICAOspecifications
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 theINTERPOL
Stolen and Lost Travel Document Database to maintain the integrity of traveldocuments;
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
immigrationstatus.
· The Secretary of Homeland Security, in consultation with
the Secretary of State and the Director ofNational
Intelligence, has also established the following standards for measuring
information-sharingrelated
to terrorism or public safety threats by foreign governments whose nationals
seek to travel tothe
United States:· Countries should make available information, including
biographic and biometric data, onindividuals
it knows or has reasonable grounds to believe are terrorists, including foreign
terroristfighters,
through appropriate bilateral or multilateral channels;· Countries should make available through appropriate
bilateral or multilateral channels criminalhistory
record information, including biographic and biometric data, on its nationals,
as well aspermanent
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 toCLASSIFICATION:
UNCLASSIFIEDPage
3 of 7the
U.S. Department of Homeland Security’s Immigration and Customs Enforcement
ForensicLaboratory,
including applicable date ranges and numbering sequences, as required, in order
toimprove
U.S. Government fraud detection capabilities;· Countries should not impede the transfer to the U.S.
Government of information about passengersand
crew traveling to the United States, such as Advance Passenger Information and
PassengerName
Records; and· Countries should not designate individuals for
international watchlisting as national securitythreats
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 ofNational
Intelligence, also identified three security risk indicators relevant to the
USG’s ability to vet acountry’s
nationals for admissibility to the United States:· Countries should take measures to ensure that they are not
and do not have the potential tobecome
a terrorist safe haven;· Countries should accept the repatriation of their nationals
who are subject to a final order ofremoval
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 VisaWaiver
Program.· After 50 days, the Secretary of Homeland Security, in
consultation with the Secretary of State and theAttorney
General, must submit to the President a list of countries recommended for
inclusion on apresidential
proclamation prohibiting the entry of designated categories of their nationals
because thosecountries
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 organizationssuch
as ICAO and INTERPOL to increase the reliability of travel documents and the
sharing ofinformation
about known or suspected terrorists and known criminals. They also reinforce UN
SecurityCouncil
Resolutions 1373, 1624, 2178, and 2322, which call on all member states to
cooperate in sharinginformation
on the movements of terrorists and require all states to prevent the movement
of terrorists orterrorists
groups through effective border controls and controls on the issuance of
identity papers andtravel
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 arerequesting
your help in answering a series of questions. It is critical that you provide
us this informationby
[a date determined by Post to submit cable by July 21]. Failure to provide this
information in a timelymanner
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 theVisa
Waiver Program (VWP), and wish to highlight that they apply to all forms of
travel and immigrationbenefits
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, includingby
ensuring that our cooperation supports immigration and traveler vetting,
enhances global security, andimpedes
the travel of terrorists and criminals. The Department of Homeland Security
would be pleased todiscuss
further how our existing cooperation can better achieve this goal.· The Department of Homeland Security will continue to engage
VWP countries on the requirements setforth
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
informationstandards
set out in the report (Category A countries).]CLASSIFICATION:
UNCLASSIFIEDPage
4 of 7· Based on preliminary data, DHS has concerns your country is
not fully meeting the new informationsharingstandards.
We urge you to work with us to provide detailed answers to our questions as
soon aspossible
to clarify your practices and policies. While we recognize these standards may
be exacting, theyare
necessary to ensure effective U.S. border and immigration controls. We are
committed to workingwith
you to achieve them and to taking into account your government’s commitment and
effort towardthese
shared goals.[Deliver
the following point only to countries identified septel A as at risk of failing
to meet thestandards
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 newinformation-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 toprovide
detailed answers to our questions as soon as possible to clarify your practices
and policies. Whilewe
recognize these standards may be exacting, they are necessary to ensure
effective U.S. border andimmigration
controls. We are committed to working with you to achieve them and to taking
into accountyour
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 usdefinitively
ascertain that you meet or exceed these new standards.(U)
END TALKING POINTS(U)
Leave-Behind Questions for non-VWP Foreign Governments10.
(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 theburden
of fully answering these questions is intended to be on the host country, we
urge posts to devote whatevercountry
team resources are needed to ensure the Department receives a timely and
accurate response. Pleaseensure
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 informationsharing,
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 governmentresponse
to the demarche by July 21, using the attached spreadsheet template, on either
the unclassified orclassified
system, as appropriate. Embassies that are responsible for maintaining
relations with more than onecountry
should complete a response for each country.(U)
BEGIN QUESTIONNAIREA.
Identity Information Sharing:· Are all passports issued by your government
machine-readable? If not, please describe which classes ofpassport
are not machine-readable.· Does your government issue electronic passports that
conform to ICAO specifications and include afacial
biometric image? (Such passports contain an electronic chip in the passport
cover that containsdata
related to the passport and its holder.) If yes, does your government issue
such passports as a rule oronly
to a subset of travelers? If not, does your government have concrete plans to
introduce an electronicPage
5 of 7CLASSIFICATION:
UNCLASSIFIEDpassport?
· Does your government participate in the ICAO electronic
passport Public Key Directory? If yourcountry
issues electronic passports but does not participate, please explain why and
describe whether youhave
plans to do so in the near future.· Does your government report lost or stolen passports, both
issued and blank, to the INTERPOL Stolenand
Lost Travel Document Database? If so, please describe how frequently you report
data. Does yourgovernment
invalidate documents and the associated document numbers after they are
reported lost orstolen
or do they remain in circulation? Please describe any barriers to your
government’s activeparticipation
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 Posts12. (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 7CLASSIFICATION:
UNCLASSIFIED13.
(U) The Department appreciates posts’ efforts to provide the requested
information on such short deadlines.MINIMIZE
CONSIDEREDSignature:
Tillerson
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