VISA WAIVER MEETING: U.S. WELCOMED -- AND WARNED

C O N F I D E N T I A L SECTION 01 OF 04 BRUSSELS 004503

SIPDIS

DEPARTMENT FOR P - JDEHART; EUR/ERA - PCHASE AND KSHEARER;
CA - JJACOBS AND SJACOBS; DHS FOR BTS - DSULLIVAN AND
MCLAYTON

E.O. 12958: DECL: 10/29/2014
TAGS: SMIG PREL CMGT EUN USEU BRUSSELS
SUBJECT: VISA WAIVER MEETING: U.S. WELCOMED -- AND WARNED

REF: BRUSSELS 2114

Classified By: PRMOFF MARC J. MEZNAR. REASONS 1.4 (B) AND (D).


1. (C) Summary. While privately praising USG efforts to
adopt a more positive approach to EU Member States not in the
visa waiver program (VWP),the European Commission (EC)
struck a combative tone in public during consultations on
October 18. DG JHA Head of Unit for Visas and Borders Jan de
Ceuster contrasted the U.S. response to enlargement with more
welcomed initiatives from New Zealand (extending visa waiver
status to all 25),Australia (processing visa applications
online for newcomers),and Canada (proactively re-evaluating
status of new states). He also warned the ten EU Member
States not in VWP against using the "solidarity mechanism" to
force reciprocity, calling it a "draconian" measure. De
Ceuster stated the EU Council has begun discussing
"retaliatory" options other than visa reciprocity to pressure
the USG (he did not clarify further). Senior USG policy
makers from DHS and DoS reviewed the technical qualifications
for VWP status. The reaction from the ten EU "have nots" was
low-key. Suggestions included: reducing the subjectivity of
visa decisions, lowering the visa application fees, making
the visa refusal rates public, and taking into consideration
EU Membership when deciding on VWP status. In a subsequent
media roundtable, questions focused on USG reaction to the
"solidarity mechanism" and the effect it would have on
transatlantic travel, if invoked. End Summary.

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Commission urges U.S. to expand VWP
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2. (U) Following up on an offer made by DHS Secretary Ridge
during a a recent meeting in The Hague, senior policy
advisors from the Departments of Homeland Security and State
met in Brussels on October 18 with the ten EU Member States
not in the VWP to review the parameters of the program. The
meeting was co-hosted by the EC and the Dutch Presidency.
The ten interested Member States were represented by
Brussels-based diplomats (with the Czech Republic, Cyprus,
Latvia, Lithuania and Poland also sending senior personnel
from capitals).


3. (C) During a pre-meeting briefing, DG JHA Head of Unit for
External Relations Lotte Knudsen thanked the U.S. for being
responsive to the internal dynamics on VWP by agreeing to
meet with the ten "aggrieved" members as a group. DG JHA
Head of Unit for Visas and Borders Jan de Ceuster opened the
meeting by declaring it to be a historic gathering.


4. (C) De Ceuster quickly shifted gears, however, and adopted
a combative tone on visa reciprocity. He reviewed the
context of the meeting, noting that the ten new EU states
fulfilled their Schengen obligations of adopting the EU's
common visa waiver list without benefiting fully in return.
He contrasted the U.S. defense of its "status quo" after
enlargement with more positive initiatives from other
countries regarding visas. De Ceuster said that New Zealand
will extend visa waiver status to all 25; Australia will
initiate online applications with visas being issued "quite
automatically"; and, Canada will proactively re-evaluate the
status of new states with regard to visa waiver.


5. (C) Characterizing the ten as "victims of non-reciprocity"
vis-a-vis the U.S., de Ceuster explained that any of these
countries could invoke the "solidarity mechanism" which would
result in an automatic visa requirement for U.S. citizens in
thirty days (reftel). Only a qualified majority vote in the
Council could suspend this action. De Ceuster then turned
his fire on the ten, warning that use of the solidarity
mechanism would be counterproductive. He characterized it as
a "draconian" instrument.


6. (C) De Ceuster said the EC has put forward a proposal to
"do away with the dangerous automatic nature" of the
mechanism. He also stated the Council has begun discussing
"retaliatory" options other than visa reciprocity to pressure
the USG (without clarifying further).


7. (C) (Note: PRMOff was told by Norwegian permrep staff, who
qualify for insider status on Schengen issues, that the
discussion last week in COREPER was an initiative of the
Dutch Presidency. The retaliatory measures could come from a
full range of sectors -- trade, education, science --
although no specifics were discussed in COREPER. This line
of thinking was developed after it became evident that the
ten "aggrieved" members responded unenthusiastically to the
Commission's proposal to take the teeth out of the solidarity
mechanism. End Note.)

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U.S. reviews parameters
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8. (SBU) DHS Director for International Enforcement Daniel E.
Sullivan said the U.S. was looking for positive approaches in
its dialogue with the EU. He reviewed the history of the VWP
and described current travel flows at U.S. ports of entry.
Of the estimated 330 million foreigners who enter the U.S.
annually each year, 13.5 million benefit from VWP (11.6
million for pleasure and 1.97 for work). He said that
legislation enacted since 9/11 provided for a tightening of
the criteria for VWP (including requirements for machine
readable and biometric passports). Sullivan also highlighted
the increasing focus on national security related provision
of VWP status, once the 3% visa refusal threshold is met.

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Member States offer suggestions
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9. (C) The response from the Member States was surprisingly
mild. Specific comments and questions were as follows:

-- Malta: Asked for clarification about the procedure to
follow if the government felt like it qualified for VWP
status. (Sullivan recommended the Maltese government contact
the U.S. Embassy to formally initiate a request for
consideration and described the subsequent steps.)
-- Hungary: Complained about the subjective nature of visa
decisions. (Senior Advisor for Consular Affairs Susan Jacobs
noted that over time issuance rates have remained relatively
stable, despite the frequent turn-over in consular staff.)
-- Estonia: Wondered whether having been part of the Soviet
Union counted against it and noted it could not enter into a
bilateral agreement with the U.S. on visas because EU
membership prohibited this. (Jacobs stressed that membership
in regional groupings did not affect VWP status. She used
APEC as an example of a regional association where several
members enjoy VWP status while others do not.)
-- The Czech Republic: Suggested the visa refusal rate be
made public and that EU Membership be considered when
deciding on VWP status. Also stated that visa fees were too
high. (Jacobs noted that consular operations were conducted
on the basis of "fee for service.")
-- Poland: Asked for a clarification of what was more
important, combating illegal immigration or enhancing
national security. (Sullivan responded that the former was a
primary consideration when the program was first established
in 1986, but that current concerns stress the importance of
national security.)


10. (SBU) Poland thanked the U.S. for its willingness to meet
to discuss visa policy and recommended that periodic
discussions on VWP and other issues of mutual interest take
place. All the participants seemed to appreciate the U.S.
initiative, even if the basic message regarding parameters of
VWP was similar to what they have heard on a bilateral basis.
Jacobs said that the U.S. had engaged in bilateral
discussions with Poland, the Czech Republic and Slovakia and
welcomed others to initiate similar dialogues. PRMOff also
noted the on-going migration dialogues -- such as CIREFI and
SCIFA -- where a full range of border management issues arediscussed with the
Member States.


11. (SBU) De Ceuster said that a readout of the meeting would
be presented to the Policy Dialogue on Borders,
Transportation and Security at its next meeting in Washington
on November 22. PRMOff recommended that the EC also provide
a readout on where its proposal to modify the "solidarity
mechanism" stands, as well as additional information on the
new initiative to identify other "retaliatory" measures
should the U.S. not expand VWP.

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Media roundtable focuses on "solidarity mechanism"
--------------


12. (SBU) In a subsequent media roundtable, questions from
the international wire services focused on the U.S. reaction
to the "solidarity mechanism" and the effect it would have on
transatlantic travel, if invoked. Radio and print media from
the new member states were more interested in efforts their
own countries might make to attain VWP status.


13. (U) The following communique, drafted by the Department,
was distributed to the press regarding the meeting:

Begin Text

United States officials met with members of the European
Union in Brussels on October 18 to discuss participation in
the Visa Waiver Program (VWP). They noted that U.S. visa
policies and procedures are established in accordance with
specific laws and legislatively mandated requirements.
Legislation for the VWP requires the U.S. to review each
country individually for purposes of determining compliance
with requirements of the VWP. This should not be viewed as a
reflection of the overall bilateral relationship with the
U.S.; many countries not in the program are among the closest
friends and partners of the United States.

The statutory requirements to qualify for the VWP are set
forth in Section 217 of the Immigration and Nationality Act,
and cannot be waived. Countries must first meet a threshold
requirement of an average non-immigrant visitor refusal rate
of less than 3%. Once that threshold is met, the following
criteria come into play:

Issue a machine-readable passport that, after October
26, 2005, is biometrically enhanced according to ICAO
standards;
Offer visa free travel to American citizens;
Certify that they report the loss or theft of blank
passports to the U.S. Government;
Have a low rate of immigration violations and refused
admissions.

The Secretary of the Department of Homeland Security, in
consultation with the Secretary of State, must make a
positive determination regarding the impact the country,s
potential VWP participation would have on U.S. national
security and law enforcement interests. In the ongoing review
of current VWP participants the factors considered include:

Terrorist and criminal threats in the country and
efforts to address them;
Existence of formal and informal cooperation, including
extradition; treaties, with the U.S. and international
partners, such as Interpol; and
Effective border security controls, including
citizenship and passport issuance procedures.


The Secretary of Homeland Security is required to submit to
Congress a report on a country,s qualification for
designation as a VWP country, including an explanation of a
favorable determination.

While Greece and none of the new EU member nations meet all
the criteria at this time (with the exception of Slovenia,
who joined the VWP prior to EU accession),U.S. officials
said that they would continue to review the situation in each
country and make nominations for participation in the VWP if
and when a country becomes eligible. This is similar to the
approach used by most EU member states in defining which
third countries qualify for "visa waiver" status according to
the Schengen Agreement. U.S. officials reiterated the
commitment of the U.S. Government to facilitate legitimate
travel and trade between EU members and the United States,
and look forward to the day when all EU member states meet
the criteria to enter the VWP, and enjoy visa-free travel.

End Text

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Comment
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14. (C) The hard line taken by the EC in public was obviously
for "domestic politics" -- to convince the ten members not on
VWP that Brussels is going to bat for them. The EC's
over-arching goal is to keep any of the "aggrieved" members
from invoking the solidarity mechanism. In this sense, the
October 18 meeting was instrumental in demonstrating USG
willingness to engage in a dialogue and to leave the door to
VWP cracked open. The worrisome new development of possible
"retaliatory" measures in unrelated sectors also demonstrates
the EC's political desire to attain uniform treatment from
the U.S. for all 25 Member States. The EU certainly does not
want to bring transatlantic travel to a grinding halt. At
the same time, the EC and Member States are searching for
appropriate ways to demonstrate the importance they attach to
visa waiver.

(USDEL did not have a chance to clear on this message.)

SCHNABEL