2006 HAGUE COMPLIANCE REPORT PREPARATION -

UNCLAS VIENNA 003891 SIPDIS CA/OCS/CI FOR AMIHAILESCU, EUR/AGS FOR VVIKMANIS-KELLER TAGS: KOCI CASC AU SUBJECT: 2006 HAGUE COMPLIANCE REPORT PREPARATION - AUSTRIA REF: STATE 221277 ¶1. POST HAS REVIEWED REFTEL AND DOES NOT RECOMMEND THAT AUSTRIA'S CITATION AS "NON-COMPLIANT" BE CHANGED FROM PREVIOUS YEARS. ¶2. REFTEL ALSO INVITES SUGGESTIONS FOR FURTHER ACTIONS. POST SUGGESTS THAT BECAUSE OF THE CHANGE OF PERSONNEL IN THE AUSTRIAN CENTRAL AUTHORITY (ACA) THE TIME IS RIGHT FOR A "FRESH START" WITH THAT BODY. POST'S RECOMMENDATIONS FOLLOW BELOW. ¶3. POST SUGGESTS THAT THE OFFICE OF CHILDREN'S ISSUES (CI) PREPARE A WELCOME LETTER FROM THE ASSISTANT SECRETARY FOR CONSULAR AFFAIRS (CA) TO THE NEW ACA, AND SIPDIS INCLUDE MATERIALS THAT CI PROVIDES TO JUDGES HANDING HAGUE CASES IN THE UNITED STATES. CI COULD ALSO INCLUDE A MENU OF "BRIGHT IDEAS" THAT HAVE WORKED WELL IN OTHER COUNTRIES, SUCH ESTABLISHMENT OF A CASE-WORKER APPROACH WITHIN THE CENTRAL AUTHORITY TO ASSIST THE LBP APPLICANT, OR FREE TRANSLATIONS SERVICES. ONCE CI HAS SENT THE PACKAGE, DCM AND CONGEN WOULD FOLLOW UP WITH A CALL ON THE NEW ACA. ¶4. POST SUGGESTS THIS LETTER BE FOLLOWED UP BY A VISIT FROM THE CI DIRECTOR IN EARLY JANUARY OR IN FEBRUARY, TO DISCUSS WAYS TO IMPROVE COMMUNICATIONS BETWEEN THE TWO CENTRAL AUTHORITIES.____ IF A VISIT BY CI IS NOT PRACTICAL IN THE NEAR TERM, POST IS WILLING TO HOST A MEETING OR REPRESENTATIONAL EVENT FOR THE NEW ACA AND OTHER CONTACTS IN THE AREA OF AUSTRIAN FAMILY LAW TO PROPOSE AND ELICIT SUGGESTIONS FOR NEW WAYS OF APPROACHING PROBLEMATIC CASES, SUCH AS COURT-ORDERED FAMILY COUNSELING, OR APPOINTMENT OF A GUARDIAN AD LITEM TO REPRESENT THE CHILD'S INTERESTS. ¶5. POST WOULD ALSO SUGGEST ASKING THE NEW ACA'S ASSISTANCE IN OBTAINING ITEMS SUCH AS TRANSCRIPTS OF HEARINGS, AS A SHOW OF GOODWILL. ENCOURAGING THE ACA TO BE PROACTIVE IN HANDLING APPLICATIONS, AND CONSIDERING WAYS TO BE MORE THAN SIMPLY A CLEARINGHOUSE FOR HAGUE APPLICATIONS MAY BE NEWLY POSSIBLE AT THIS TIME. ¶6. FINALLY, EMBASSY VIENNA STRONGLY URGES CI TO COPY US ON DEPARTMENT COMMUNICATIONS WITH THE ACA, AND TO CLEAR LETTERS FROM THE CA ASSISTANT SECRETARY TO THE ACA THROUGH EUR/AGS. POST AGREES THAT AUSTRIAN ACTIONS ON ONE PARTICULAR LONG-STANDING CASE BLOT AUSTRIA'S OTHERWISE RESPECTABLE RECORD ON HAGUE COMPLIANCE. HOWEVER, WE ARE HANDICAPPED IN PRESSING THE GOA FOR ACTION IF WE ARE NOT AWARE OF ACA/CI COMMUNICATIONS OR IMPORTANT DEVELOPMENTS IN THE CASE. MCCAW