CANADIAN - U.S. DISCUSSION ON MARITIME TRANSIT

C O N F I D E N T I A L SECTION 01 OF 03 OTTAWA 002128

SIPDIS

NOFORN

E.O. 12958: DECL: 07/13/2015
TAGS: EWWT KCRM PBTS PHSA PREL CA
SUBJECT: CANADIAN - U.S. DISCUSSION ON MARITIME TRANSIT
RIGHTS AND SHIPRIDER

REF: A. OTTAWA 1869


B. STATE 126636

Classified By: MINISTER COUNSELOR BRIAN FLORA
FOR REASONS 1.4 (B) AND (D).


1. (SBU) Summary: A U.S. delegation headed by USCG Rear
Admiral Sirois met July 11, 2005 with Canadian officials to
discuss the US/Canada Great Lakes shiprider proposal and a
recent Canadian request for Canadian Coast Guard (CCG)
vessels with armed RCMP officers embarked to transit US
waters during upcoming patrol operations. Planning for a
shiprider "proof of concept" this summer continues to move
forward, although it remains unclear whether GOC will have
resolved its political or legal issues in time to support the
operation before the Great Lakes freeze. Nevertheless, in
August, operators on both sides plan to undertake the joint
training necessary to conduct the proof of concept. The US
also granted standing diplomatic clearance to properly marked
Canadian law enforcement vessels to transit US waters on the
Great Lakes with armed Canadian officers embarked. The U.S.
requested similar authorization from Canada and anticipates a
reply by the end of August. End Summary.

US Coast Guard Flag Visit to Ottawa
--------------


2. (SBU) A USDEL led by Rear Admiral Dennis Sirois,
Assistant Commandant for Operations, USCG HQ met with U.S.
Embassy Ottawa country team members and RCMP counterparts to
discuss a range of maritime security issues. The USDEL also
included Captain Scott Genovese (G-OPL),CDR Greg Buxa
(G-OPL-5) and LCDR Brad Kieserman (G-LMI-O). Various members
of Amembassy Ottawa joined the USDEL at different meetings
throughout the day, including LCDR Al Tubb (COGATT),Jeff
Powell (ICE Attache) and Bruce Cooke (CBP Attache and RCMP
Liaison). Admiral Sirois and USCG delegation members met and
dined with RCMP Commissioner Zachardelli, Deputy Commissioner
Lange, Assistant Commissioner Succar, and Chief
Superintendent Mike McDonnell.

Shiprider
--------------


3. (SBU) Admiral Sirois and the OPL team discussed the way
ahead for shiprider with RCMP counterparts, while Mr.
Kieseman met with the Justice Canada lawyer recently assigned
to handle shiprider for RCMP (Debra Richardson) to discuss
pending legal issues.

-- Canadian officials (including Justice and Foreign
Affairs) advised the USDEL that the GOC had been doing
substantial work on resolving Canadian concerns regarding the
legal framework for shiprider. Those officials also made
clear that interventions by Secretary Ridge and Attorney
General Gonzalez with Ministers Irwin Coulter and Anned
McLellan had made shiprider a high priority in the maritime
security portfolio. The Canadian side indicated that it was
engaging seriously on the issues, but had not yet resolved
all the issues necessary for the proof of concept.

-- RCMP and USCG lawyers briefed RADM Sirois and Chief
Superintendent McDonnell on the basic legal framework for
shiprider, and discussed the immigration, customs, weapons
carriage, and authority issues that both sides were working
through. Both counsels intend for weapons carriage and
authority issues to be resolved through cross-designation
(the Canadian side noted a potential concern with US
weapons/magazine size, but noted that further discussion was
premature since the Canadian side was still working on a
position).

-- RCMP plans to host a follow-up meeting in Ottawa on July
28 with a view towards finalizing plans for the shiprider
proof of concept in August, or at least identifying
unresolved issues and potential solutions.

-- Even if issues remain unresolved after the July 28
meeting, the USCG and RCMP intend to move forward in August
with the joint training required for shiprider. This
training will require about 10 days and include the
curriculum required for cross-designation as officers of the
Customs and supernumerary constables (respectively),use of
force policies, communication plans, vessel familiarization,
and patrol tactics, techniques, and procedures. The training
is tentatively scheduled for 15 though 26 August. RCMP
provided the USCG with its use of force training materials in
anticipation of the training.


Maritime Geographic Inhibitors (Weapons Carriage in transit
on the Lakes)
--------------


4. (SBU) The USDEL met with Canadian interagency officials
to discuss Canada's recent diplomatic note requesting USG
concurrence in a concept of operations that would permit
Canadian Coast Guard (CCG) vessels with armed RCMP officers
embarked to transit through US waters on the Great Lakes
during patrol operations beginning July 16, 2005. Mr.
Kieserman led the USDEL response and concluded discussions
with the GOCDEL on the draft US reply note and way ahead.
The delegations discussed the recent London bombings and
particular urgency in taking concrete steps to improve
maritime transportation security on the shared border between
Canada and the U.S.

-- After recalling the work of the shiprider working group
and the Cross-Border Crime Forum, USDEL expressed the view
that reciprocal grants of standing diplomatic clearance are
an appropriate means to address cross-border weapons carriage
by maritime law enforcement vessels in transit.

-- The GOCDEL expressed a lack of familiarity with the
concept of "diplomatic clearance." The USDEL explained the
international law bases for the concept (immunity of warships
and other properly marked government vessels on
non-commercial government services, UNCLOS and customary
international law and practice, survey of the literature).
The GOCDEL promised to consult with their pol/mil
counterparts, and asked for a follow-up e-mail with cites to
authority, and particularly expressed an interest in
receiving any existing US legislation or regulation
implementing the international law framework. Mr. Kieserman
has contacted the Legal Adviser's office at DOS for the
requisite information, and promised to provide a response to
the GOC by Wednesday or Thursday.

-- The USDEL agreed to grant standing diplomatic clearance
to specified vessels owned or operated by the Government of
Canada, used only on government non-commercial service,
properly marked as law enforcement vessels, carrying
identifiable armed Canadian law enforcement officers and
routinely transiting U.S. internal waters in the Great
Lakes/St. Lawrence Seaway System while en route to conduct
law enforcement/maritime security patrols in Canadian
internal waters. This clearance will be the mechanism for
recognizing the sovereign immunity of the identified public
vessels, which disposes of the firearms carriage in maritime
transit issues. The note does not permit Canadian law
enforcement officers to take law enforcement action while in
U.S. internal waters. Hull numbers and vessel names of the
covered vessels will be exchanged through operational
channels in Ottawa, for now (COGATT will handle for the U.S.
side).

-- The GOCDEL explained that it was not prepared to grant
such standing diplomatic clearance at the present time, but
committed to researching the mechanisms for doing so under
Canadian law. FAC Policy Counselor Marc Mes committed to
providing regular updates to the USG through Post with a view
towards arriving at a more complete response by the end of
August (citing numerous Canadian officials on holiday in July
and August). Mr. Kieserman agreed to work with Canadian
attorneys Michael Zigayer (Justice),Debra Robinson (Justice
detailed to RCMP),Masud Husain (FAC),and Catherine
Bloodworth (FAC) to provide any necessary background material
and respond to queries.

-- The USDEL advised the Canadian side that the US was
offering a non-reciprical grant in the interest of enhancing
mutual maritime security, but that such an approach was
sub-optimal. The USDEL declined a Canadian suggestion to
place its reciprocity request in a separate note, noting that
it intended for the US reply note to motivate the Canadian
side to reach a favorable and expeditious reply. The US side
further cautioned the Canadian side to expect regular
inquiries from the US Ambassador, senior country team
members, and visiting US diplomatic and law enforcement
officials until the US received a satisfactory reply to the
reciprocity request.

-- The PSEPC member of the GOCDEL suggested that further
proceedings within the Cross-Border Crime Forum on maritime
weapons carriage in transit would be required even if the
parties reached an accord on the dip clearance framework.
The USDEL did not concur in that view and stated that
reciprocal diplomatic clearance would resolve the matter
dispositively in the maritime context. Accordingly, if a
reciprocal arrangement could be reached, this matter could be
considered successfully resolved and working groups on both
sides could focus their efforts on the many other maritime
security issues before them.

-- FAC lawyers and counselors later assured US counterparts
that the GOC fully expected to get to "yes" on reciprocity
for maritime weapons carriage in transit using a dip
clearance framework.

COMMENT AND ACTION ITEMS
--------------


5. (C/NF) In ongoing discussions such as these, as well as
in the working groups of the Cross Border Crime Forum, we are
making progress in the maritime security area, and may well
be on the verge of a shiprider breakthrough before the end of
the year. That said, we need to keep up the pressure.

-- State Legal Assistance: In response to Canadian requests,
the USCG has requested that DOS Legal assist in responding to
queries from FAC and Justice Canada regarding the legal
authorities for granting diplomatic clearance to vessels.
Mr. David Sullivan (WHA/L) has agreed to facilitate a
response.

-- Raising the issues with Senior GOC Officials: US Senior
US Officials, including the Ambassador, should keep these
issues on the front burner when they meet with their Canadian
counterparts. Previous talking points delivered by the
Ambassador and US Cabinet level officials and deputies have
had results, and our Canadian working level interlocutors are
under instructions to make demonstrable progress on shiprider
and weapons carriage.

-- Keep Nagging at the Working Level: State/DHS/USCG and
other agencies with a stake in this issue should continue to
press their GOC contacts for status reports and a timely
response to our request for reciprocity.

Visit Canada's Classified Web Site at
http://www.state.sgov.gov/p/wha/ottawa

DICKSON