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

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2003ROME05654 - Classification: UNCLASSIFIED