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05TOKYO1440 2005-03-11 08:08:00 CONFIDENTIAL Embassy Tokyo
Cable title:  

FOURTH U.S.-JAPAN COUNTERTERRORISM WORKING GROUP

Tags:   ASEC CVIS ETTC KVPR KFRD PTER SENV JA 
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					  C O N F I D E N T I A L SECTION 01 OF 05 TOKYO 001440 

SIPDIS

DEPT PLEASE PASS TO S/CT PAUL FUJIMURA
DHS PLEASE PASS TO JCICHOCKI

E.O. 12958: DECL: 03/11/2015
TAGS: ASEC CVIS ETTC KVPR KFRD PTER SENV JA
SUBJECT: FOURTH U.S.-JAPAN COUNTERTERRORISM WORKING GROUP

Classified By: POL M/C David B. Shear. Reasons 1.4 (b/d).



1. (C) Summary. Following brief opening remarks by CTWG
co-chairs, Political Section Deputy Reynolds and MOFA
International Counterterrorism Cooperation Division Director
Shinsuke Shimizu, Cabinet Secretariat Assistant Counselor
Hiroyuki Yamaya kicked off the fourth U.S.-Japan
Counterterrorism Working Group meeting on March 8, 2005 with
an overview of the Government of Japan's (GOJ) Action Plan
for Prevention of Terrorism. In creating the Action
Plan-which took less than three months to compile-ministries
and agencies took a hard look at the systems in place and
tried to identify oversights. Yamaya stressed the GOJ's
determination to close any loopholes for terrorists, and its
recognition that any weakness in Japan's counterterrorism
strategy has implications for Japan and, more broadly,
international society. A question and answer session touched
on amendments to the Immigration Control Act, creation of a
foreign terrorist organization designation system, the newly
implemented Advanced Passenger Information System, the Sky
Marshal program, transit lounges and currency transportation.
DHS Attache Mike Cox offered an explanation of the
Immigration Advisory Program and encouraged the GOJ to agree
to a pilot program at Narita Airport. The Consular Section's
Patty Hill provided a briefing on the Terrorist Screening
Center and the TIPOFF database, emphasizing the value of
interagency cooperation. She invited interested individuals
to the Embassy for a first-hand look at how the system works.
End Summary.



2. (C) Japan's Ministry of Foreign Affairs (MOFA) hosted the
fourth U.S.-Japan Counterterrorism Working Group (CTWG)
meeting on March 8, 2005. After brief opening remarks by
CTWG co-chairs, Political Section Deputy Reynolds and MOFA
International Counterterrorism Cooperation Division Director
Shinsuke Shimizu, Cabinet Secretariat Assistant Counselor
Hiroyuki Yamaya provided an overview of the Government of
Japan's (GOJ) Action Plan for Prevention of Terrorism
(outline at para 11). Since the 1995 sarin gas attack in
Tokyo's subway, the GOJ has implemented a series of
counterterrorism measures, Yamaya said. For example, the
Cabinet Secretariat established and staffed the Crisis
Management Center, which would facilitate a response to a
terrorist attack or mass casualties. The attacks on
September 11 strengthened the GOJ's resolve to improve
immigration controls, enhance intelligence capabilities,
prevent a terrorist hijack, increase protection of nuclear
facilities and major landmarks, and clamp down on terrorist
financing. The GOJ recognizes the need to continually review
and reassess its measures as conditions change. In creating
the Action Plan-which took less than three months to
compile-ministries and agencies took a hard look at the
systems in place and tried to identify oversights. Yamaya
stressed the GOJ's determination to close any loopholes for
terrorists, and its recognition that any weakness in Japan's
counterterrorism strategy has implications for Japan and,
more broadly, international society.

Question and Answer Session


--------------------------





3. (C) Immigration Control Act. In response to a question
about amendments to the Immigration Control Act from Patty
Hill, an Embassy consular officer, Ministry of Justice (MOJ)
Immigration Bureau General Affairs Division Assistant
Director Mitsutoshi Imokawa said that part of the criminal
code is scheduled for amendment. This amendment was
presented to the Diet in February 2005 and will allow the
Immigration Bureau to directly exchange information with
their counterparts.



4. (C) FTO Designation System. Co-chair Reynolds asked
about Japan's plan to create a system to designate terrorists
and terrorist organizations. Shimizu said that currently the
GOJ designates an individual or entity on a case-by-case
basis, after the UNSC Sanctions Committee lists it. UNSCR
1373 obligates states to freeze assets of listed individuals
and entities so the GOJ created a coordinating committee
tasked with discussing the cases and deciding whether to
apply the Foreign Exchange and Trade law and implement the
freeze. Public Security Intelligence Agency First
Intelligence Department Attorney Tomoaki Nitta added that the
GOJ is in the process of creating a formal system to deny
entry to designated terrorists. Although it has not been
drafted yet, the GOJ hopes to submit a bill in 2006 designed
to prevent designated or identified terrorists from entering
Japan. The GOJ is considering linking this bill with the
freezing of terrorist assets. Nitta said that the Ministry
of Justice will take the lead if the GOJ decides to create a
Foreign Terrorist Organization (FTO) designation system by
amending the Immigration Control Act, but that another
ministry might be in charge if a law is drawn up from scratch.



5. (C) APIS. DHS Attache Mike Cox noted that Japan's
Advanced Passenger Information System (APIS) started on
January 4 and asked about its status. Imokawa replied that
the MOJ, the Ministry of Finance (MOF) and the National
Policy Agency (NPA) have been trying to convince the 60
airlines that fly into and out of Japan to comply with the
voluntary APIS system. So far, 20 carriers have agreed to
cooperate and are providing passenger and crew information to
immigration authorities. Imokawa said the GOJ would monitor
APIS, in its current form, and decide by 2006 whether the
system should be made mandatory. The Ministry of Land,
Infrastructure and Transport (MLIT) is charged with working
with the airlines, and MLIT's Hiroyuki Kondo reported that
some foreign companies are unable or unwilling to share
personal passenger information and have been less cooperative
than Japanese carriers. Takeshi Hayakawa from the National
Police Agency (NPA) thanked TSA Attache Cornell Russell for
excellent cooperation and explained how APIS operates. The
GOJ receives passenger information from airlines, inputs the
information into its database and compares the passenger list
against a watchlist. When NPA finds a credible match-NPA
gets approximately 100 hits a day-they arrest the individual;
in January the NPA arrested three suspects and in February
they arrested two suspects. Reynolds inquired whether a new
law would be necessary before the system could be made
mandatory. Hayakawa replied if a mandatory system is deemed
necessary, it might be possible to amend an existing law
rather than create a new one. Futa asked whether the people
arrested were transiting Japan or if Japan was their final
destination. Hayakawa clarified that they were Japanese
nationals and were returning home.



6. (C) Sky Marshal Program. Cox asked about the Sky Marshal
Program, which started operations in December 2004. Hidehiko
Fujino from the NPA could not share any details about which
flights the marshals covered, how many marshals there were or
what type of weapon they carried, but said that close
collaboration with the Federal Air Marshals had been very
valuable. Cox observed that the U.S. Air Marshals have been
pleased with the cooperation extended upon arrival by
Japanese Customs authorities and reiterated his appreciation.
MOFA's goal, Shimizu said, was to establish a clear
bilateral framework by exchanging Notes Verbale in order to
avoid misunderstanding. To that end, he recently received
the Note from DHS and would respond in due course, with
comments.



7. (C) Transit Lounges. Cox noted that the airport transit
lounges remain a legal no-man's-land and asked about its
current status. Imokawa agreed that people still try to
enter Japan on counterfeit passports and try to abuse the
lounges, but said the Immigration Bureau is enjoying more
success. It forcibly ejected 260 people in 2004, a 100
percent increase over 2003. They have increased their
monitoring of specific flights, such as ones from Thailand,
and plan to continue strengthening patrols, including ones at
Kansai Airport. The Immigration Bureau's jurisdiction begins
and ends with the immigration booth so the GOJ now regularly
has both Immigration and Police officials in the area. He
thanked U.S. and Canadian immigration officers for various
training opportunities. In response to a question by RSO
Gentry Smith about the fate of the offenders and the
fraudulent documents, Imokawa said that apprehended
individuals are deported to their country of origin and the
fraudulent documents are returned to
the respective countries' embassies. Legal Attache Lawrence
Futa asked about plans to deal with transiting fugitives and
Imokawa replied that the GOJ would be able to act if the
United States could send information about a suspect's
identity and crime. The type of crime committed and whether
the United States had a warrant on the individual would also
guide the GOJ's response.



8. (C) Currency Transportation. Cox noted that Japan has a
law that requires travelers carrying more than 1 million yen
to file a report. He asked about the Ministry of Finance's
(MOF) experience in collecting the information and how many
reports are filed in a given year. Hisanori Shimano said
that he would have to study the issue and respond later.

Immigration Advisory Program (IAP)


--------------------------

--



9. (C) Cox provided an overview of the IAP program and
described it as part of a layered defense aimed at preventing
terrorists from boarding a plane to the United States. IAP
is an effort to build upon and revitalize the Immigration
Control Officer's Program started in the late 1990's by the
Immigration and Naturalization Service. The program has been
successful in the Netherlands and Poland and Cox stressed the
benefits of the program in Japan. For example, during Summer
2004 (excluding the busy Golden Week), 345 passengers that
boarded at Narita were refused entry into the United States
and were sent back to Japan at the airlines' expense. DHS
proposed starting a pilot program at Narita Airport for four
Immigration officials for 90 days. At the end of the 90
days, the United States and the GOJ will determine whether
the program should be expanded or reduced. IAP is a
reciprocal program and Cox invited the GOJ to consider
stationing some of its immigration officials in the United
States. Shimizu noted that MOFA had received the proposal
several weeks ago and would study it. Since the program
concerns air carriers and foreign officers in restricted
airport areas, it would require discussion among MOFA, MOJ,
MLIT, MOF and NPA. In response to a question about the
reasons 345 people were denied entry to the United States,
Cox said fraudulent documents were primarily to blame.

Terrorist Screening Center


--------------------------





10. (C) Patty Hill briefed on the Terrorist Screening Center
(TSC) and the TIPOFF database used by the Consular section.
She emphasized that a wide range of federal and state
officials can access the system and stressed the value of
such an interagency tool. She invited interested individuals
to the Consular section to see, first-hand, how the system
works. Hayakawa asked how many hits the TSC deals with a day
and Hill said she would get back to him later with details.
Shimizu asked what would happen if a famous terrorist walked
in for a visa, and Hill said that she would consult closely
with the Legal Attache, DHS and the Regional Security Officer
in such a case. Shimizu promised to take the presentation
back to other parts of the GOJ and thanked her for the
demonstration invitation.



11. (SBU) Outline of Action Plan


--------------------------

---

Urgently Needed Terrorism Prevention Measures

a. Tightened immigration control by taking fingerprints at
landing examination and visa application (Planned submission
to the Diet in 2006)
b. Entry restriction to terrorists (Planned submission to the
Diet in 2006)
c. Mandatory advanced submission of crew and passenger list
by airplane/vessel captain (NPA, MOJ, MOF and JCG will decide
by 2006 whether participation in APIS should be made
mandatory)
d. Denial of entry of terrorists by using ICPO's database on
lost and stolen passports (MOJ to start developing the system
in FY2005)
e. Mandatory check of passengers' passports by air and sea
carriers (Planned submission to the Diet in 2005)
f. Assistance to foreign governments to improve travel
document examination capacity by dispatching document
examination advisors (Advisors should be dispatched starting
FY2005)

Firmer Measures to Prevent Activities of Terrorists

a. Thorough identification of foreign guests by hotels and
inns (MHLW should amend the implementing Rules of Hotel
Business Law by the end of FY2004; NPA, JCG, MOJ, PSIA and
MHLW should decide by the 2006 whether to require submission
of records to the police)

Strengthening Strict Control of Material Potentially Used for
Terrorist Attacks

a. Establishment of system to control pathogenic
microorganisms potentially used for bioterrorism (Planned
submission to the Diet in 2006)
b. Tightened control over explosive-related material
potentially used for bomb attacks (MHLW, METI and MAFF should
issue a ministerial notice by the end of FY2004 to industries
encouraging tighter control over hazardous material; NPA and
other ministries should complete a study by the end of 2006
on the need for additional measures)
c. Tightened import control through designation of explosives
as prohibited goods for import (MOF should study the need for
legislation and, if necessary, submit a bill to the Diet in
2005)

Firmer Measures to Suppress Terrorist Financing

a. Measures to fully implement FATF recommendations (A study
on how to apply measures such as Customer Due Diligence and
submit necessary legislation to the Diet in 2006)

Firmer Measures to Enhance Security of Important Facilities

a. Tightening of security measures for important facilities
in emergency situations (Study finished by the end of 2005
and necessary measures taken in FY2006)
b. Firmer counterterrorism measures at airports and nuclear
facilities (Study finished by the end of 2005 and necessary
measures taken in FY2006)
c. Stronger protection over nuclear material (Amendment of
the Law for Regulating Nuclear Source Material, Nuclear Fuel
Material and Reactors to be submitted to the Diet in 2005)
d. Firmer anti-hijack measures through introduction of Sky
Marshal Program (Project launched in December 2004)

Reinforcement of Terrorism-related Intelligence Capacity

a. Reinforced terrorism-related intelligence gathering
through integrated efforts of relevant organizations (Ongoing)

Terrorism Prevention Measures Requiring Continued Study

a. Legislation on basic policy for terrorism prevention
measures
b. System to designate terrorists and terrorist organizations
c. Further measures to freeze terrorists assets



12. (SBU) Participants:

Japan


--------------------------


Shinsuke Shimizu, Ministry of Foreign Affairs (MOFA)
International Counter-Terrorism Cooperation Division Director
Fumihiro Kawakami, MOFA International Counter-Terrorism
Cooperation Division Principle Deputy Director
Shou Ohno, MOFA International Counter-Terrorism Cooperation
Division Deputy Director
Naohisa Shibuya, MOFA International Counter-Terrorism
Cooperation Division
Yoko Tsuge, MOFA Global Issues International Organized Crime
Division
Sayo Oyagi, MOFA Global Issues International Organized Crime
Division
Hiroyuki Yamaya, Cabinet Secretariat Assistant Counselor
Noriaki Yoshinaga, Cabinet Secretariat
Osamu Marumoto, Cabinet Secretariat
Takeshi Hayakawa, National Police Agency (NPA) International
Investigative Operation Assistant Director
Hidehiko Fujino, NPA International Investigative Operation
Assistant Director
Osamu Takagi, NPA Counter International Terrorism Division
Police Inspector
Arihiro Okamoto, Japan Defense Agency Defense Policy Bureau,
Defense Policy Division Section Chief
Mitsutoshi Imokawa, Ministry of Justice (MOJ) Immigration
Bureau General Affairs Division Assistant Director
Hiroki Shimizu, MOJ Immigration Bureau Entry and Status
Division Assistant Director
Tomoaki Nitta, Public Security Intelligence Agency (PSIA)
First Intelligence Department Attorney
Atsushi Harigaya, PSIA Second Intelligence Department Second
Division Chief Intelligence Officer
Hisanori Shimano, Ministry of Finance (MOF) Customs and
Tariff Bureau Enforcement Division International Liaison and
Intelligence Section Chief
Morio Shinkyou, MOF Customs and Tariff Enforcement Division
Passenger Processing Section Chief
Hiroyuki Kondo, Ministry of Land, Infrastructure and
Transport (MLIT) Civil Aviation Bureau General Affairs
Division Hijack and Terrorism Prevention Office Chief
Shuichi Iwanami, Japan Coast Guard Guard and Rescue
Department Security Division International Maritime Security
Planning Director

United States


--------------------------


Carol Reynolds, Political Section Deputy
Michael Cox, Department of Homeland Security (DHS) Attache
Raymond Strack, DHS Assistant Attache
Carlton Roe, DHS Assistant Attache
Lawrence Futa, Legal Attache
Gentry Smith, Regional Security Officer
Patty Hill, Consular Section
Colonel Patrick Mullen, Air Force Attache
Lt. Col. Grant Newsham, Marine Attache
Cornell Russell, Transportation Security Administration
Representative
Joseph Hathaway, Drug Enforcement Agency Assistant Attache
Mike Masters, Regional Affairs Section
Katherine Monahan, Deputy Financial Attache
Shawn Flatt, Economics Section
Ben Lee, Economics Section
Matthew Wallace, Environment, Science and Technology
Tandy Matsuda, Political Section
MICHALAK