ALITALIA PROTESTS CUSTOMS PNR SANCTION

UNCLAS ROME 005654 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: EAIR ECON IT AVIATION SUBJECT: ALITALIA PROTESTS CUSTOMS PNR SANCTION ¶1. (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPH 5. ¶2. (SBU) EMBASSY HAS RECEIVED A COPY OF A LETTER SENT FROM ALITALIA TO THE U.S. CUSTOMS SERVICE AT KENNEDY AIRPORT IN NEW YORK WITH CC TO DHS SECRETARY TOM RIDGE, POLITELY PROTESTING A U.S. CUSTOMS FINE OF $75,000 FOR 87 PNR DATA TRANSMISSION ERRORS. ACCORDING TO THE LETTER, THE NAMES IN QUESTION WERE THOSE OF THE 87 MEMBERS OF THE ITALIAN NAVY TRAVELLING BAND WHO WERE GOING TO NEW YORK TO PARTICIPATE IN THE COLUMBUS DAY PARADE. ALITALIA VICE PRESIDENT FOR REGULATORY AFFAIRS ORLANDO D'ORO SAYS THE BAND WAS INVITED TO THE EVENT BY BOTH THE GOVERNOR OF NEW YORK AND MAYOR OF NEW YORK CITY. ¶3. (SBU) THE ALITALIA LETTER SAYS THAT THE INCIDENT WAS THE RESULT OF A NEW "GROUP CHECK-IN FUNCTION," AND ACCORDING TO THE VIOLATION, THE 87 BAND MEMBERS WERE CHECKED IN USING ONLY THEIR FIRST INITIALS AND NOT THEIR FULL FIRST NAMES. ALITALIA SAYS IT NOTICED THIS AND IMMEDIATELY FIXED THE PROBLEM WITH THE NEW SYSTEM, SO THAT AN INCIDENT OF THIS NATURE COULD NOT HAPPEN AGAIN. ¶4. (SBU) THE LETTER STRESSES ALITALIA'S GOOD WILL AND CONSTRUCTIVE COOPERATION WITH THE U.S. IN THE FIELD OF SECURITY AND THE WAR ON TERRORISM. EMBASSY CUSTOMS ATTACHE AND ECONOFFS NOTE THAT ALITALIA BEGAN PROVIDING PNR DATA EARLY AND SMOOTHLY, EVEN OVER THE OBJECTIONS OF ITALY'S NATIONAL PRIVACY AUTHORITY, AND BEFORE A FINAL EU DECISION ON THE LEGALITIES OF PROVIDING PNR DATA HAD BEEN REACHED. ¶5. (U) ACTION REQUEST: EMBASSY REQUESTS DEPARTMENT ASSISTANCE IN TRANSMITTING THIS MESSAGE TO U.S. CUSTOMS HEADQUARTERS AND RESOLVING THIS MATTER AS SOON AS POSSIBLE. THE CUSTOMS CASE NUMBER CITED IN THE LETTER IS 200-447-013-001-4301. END ACTION REQUEST. ¶6. (SBU) COMMENT: UNLESS THERE IS MORE TO THIS CASE THAN THE LETTER CONTAINS, IT WOULD APPEAR TO BE IN OUR BEST INTEREST TO RESOLVE THIS MATTER PROMPTLY IN ALITALIA'S FAVOR, TO ENSURE ITS CONTINUED GOOD WILL AND COOPERATION WITH SUCH NATIONAL SECURITY ISSUES INCLUDING, BUT NOT LIMITED TO, PNR DATA TRANSFER. END COMMENT. SEMBLER NNNN 2003ROME05654 - Classification: UNCLASSIFIED