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