CSI: TURKEY RESPONDS TO ASSESSMENT WITH NEW PROPOSED

UNCLAS ANKARA 004622

SIPDIS

ROME FOR CBP ROBERT STIRITI
DHS FOR CSI - TODD HORTON, LISA WAINWRIGHT, KRISTIN DUBELIER
DEPT PASS TRANSPORTATION DEPT

SIPDIS

C O R R E C T E D C O P Y - TEXT ON SECTION 01

E.O. 12958: N/A
TAGS: EWWT PTER KTIA TU
SUBJECT: CSI: TURKEY RESPONDS TO ASSESSMENT WITH NEW PROPOSED
DOCUMENTS FOR IMPLEMENTATION



1. On July 31, Embassy received via diplomatic note Turkey's
response to the draft Container Security Initiative (CSI)
Declaration of Principles (DOP) and Basic Impelementation Procedures
(BIP) that were provided to the GOT earlier this year.


2. The revised Declaration of Principles (DOP) and Basic
Implementation Procedures (BIP) were edited using the documents
submitted by the CSI division as a model. The major differences
compared to the CSI division's drafts include the GOT's continued
unwillingness to grant diplomatic immunity to CSI officers stationed
in Izmir (BIP paragraph 5),the GOT's request that officers share
with Turkish Customs the information contained in their reports to
DHS (BIP paragraph 10),and a stipulation that official
communication and correspondence be conducted in Turkish (BIP
paragraph 14). In addition, in the DOP, the GOT specifically
requests that a corresponding U.S. port be designated for the
purposes of potentially posting Turkish Customs officials.


3. Comment: While many of the previous issues surrounding CSI have
been alleviated, questions related to immunity, language of
operation, and the nature of the final signed agreement still
remain. The Foreign Trade Undersecretariat (FTU) -- which has taken
the lead on implementing this program -- indicates that it views
this as a negotiable document, from which they received the input
and clearance of the other interested Turkish agency, and is open to
further discussion. We stand ready to facilitate negotiations
between DHS and Turkish government officials. End comment.


4. Begin text of Turkish Diplomatic Note 2006/DHGY/316837 regarding
CSI in Izmir:

(Standard greeting) and with reference to the Latter's Note No: 638,
dated 18 April 2006, has the honour to enclose herewith a draft
"Agreement for the Implementation of the Container Security
Initiative at the Designated Ports of Both Countries."
The Ministry kindly requests the Embassy to transmit the enclosed
document to the relevant U.S. authorities and looks forward to
receiving the Embassy's reply.

(Standard closure).


5. Begin text of Turkey's proposed DOP:
DRAFT
(AGREEMENT/PROTOCOL/AGREED MINUTES) BETWEEN THE CUSTOMS
ADMINISTRATION OF THE REPUBLIC OF TURKEY AND THE UNITED STATES
CUSTOMS AND BORDER PROTECTION REGARDING THE IMPLEMENTATION OF THE
CONTAINER SECURITY INITIATIVE (CSI) AT THE DESIGNATED PORTS OF BOTH
COUNTRIES

(note: The concrete headline will be mutually determined by the
Parties)

The Customs Administration of the Republic of Turkey and the United
States Customs and Border Protection (hereinafter referred as the
"Parties");

Considering the principles and terms set forth in the "Agreement
Between the Government of the Republic of Turkey and the Government
of the United States of America Regarding Mutual Assistance Between
Their Customs Administrations" signed on 28 March 1996,

Recognizing the long-standing close and productive relations between
the Parties,

Being convinced that this cooperation can be further improved by
intensifying the exchange of information and best practices between
the two customs authorities,

Recognizing the high volume of trade between Turkey's seaports and
the seaports of the United States of America,

Bearing in mind the World Customs Organization resolution on
Security and Facilitation of the International Trade Supply Chain
adopted in June 2002,

Being convinced that there is a need to deter, prevent, and
interdict any terrorist attempt to disrupt global trade or to make
use of commercial shipping to further their own schemes,

Supporting the Container Security Initiative (CSI),which is
designed to safeguard global maritime trade by enhancing
co-operation at seaports worldwide to identify and examine high-risk


containers and ensure their in-transit integrity,

Have agreed on the following provisions;

Article 1

For the purpose of this Agreement;

"CSI Officers" shall mean the US Government officers who will be
stationed at Turkey's designated seaports for the purpose of CSI
implementation.

"CSI Contact Points" shall mean the Turkish Customs Officer(s) who
are notified to the US Customs and Border Protection as contact
point(s) for the purpose of the CSI implementation.

"High risk containers" shall mean the containers which are carrying
commodities that pose a risk for terrorism, and destined for the US
Ports.

"CSI examination" shall mean non intrusive inspection of the US
destined containers

"Anomaly" shall mean any condition, characteristic or feature of the
commodity that indicates a risk for terrorism.

Article 2

The Parties shall intensify bilateral customs cooperation, including
in particular on the implementation of the CSI in accordance with
the basic implementation procedures provided in Annex A that shall
constitute an integral part of this Agreement, at designated ports
of both countries, within the framework of the "Agreement Between
the Government of the Republic of Turkey and the Government of the
United States of America Regarding Mutual Assistance Between Their
Customs Administrations" of 28 March 1996.

Article 3

The parties shall intensify bilateral customs cooperation by working
closely together to ensure that screening and sealing of high-risk
containers is carried out swiftly through the use of inspection
equipment that will allow a non-intrusive screening during the
examination of the containers, where appropriate facilitate trade
flow and strive to ensure the screening and examination of the
containers that pose a risk for terrorism.

Article 4

US Customs Officers, who will work in accordance with the basic
implementation procedures provided at Annex A, shall be stationed on
a pilot basis at Turkey's designated seaports with significant
volume of commercial traffic to the United States of America.

Turkish Customs Officers shall be stationed at US seaports on a
pilot basis, upon the request of the Customs Administration of the
Republic of Turkey with the same aim and under the same conditions
established in this Agreement and its Annex.

In this respect, the Parties agreed to start the CSI at the Izmir
Port in the Republic of Turkey and at the xxxxxx Port, USA.

Addition of new ports within the CSI is to be mutually agreed by the
relevant Parties through diplomatic channels.

The Parties are not to reimburse any charges or fees due to the
enforcement examination or a targeted shipment that poses risk for
terrorism at the designated ports within the framework of the CSI.

Article 5

The Parties shall consult closely on the implementation of this
Agreement, to ensure continuous effectiveness and the reciprocal
benefit of the bilateral customs cooperation.

Article 6

This Agreement shall enter into force on the date the Parties have
notified each other in writing through diplomatic channels that the
necessary internal procedures have been completed.

The Agreement shall remain in force until three months from the date
on which either Party notifies in writing through diplomatic
channels to the other party its intention to terminate the
Agreement.



Done in xxxxxx this xxxx day of xxxxxx in two original copies in
Turkish and English languages, both texts being equally authentic.
End text of DOP.


6. Begin text of Turkey's proposed Basic Implementation Procedures
(BIP).

ANNEX A

Basic Implementation Procedures for CSI Cooperation Between Customs
Administration of the Republic of Turkey and U.S. Customs and Border
Protection (CBP)

(For Pilot Implementation)

INTRODUCTION: THE CONTAINER SECURITY INITIATIVE

Container Security Initiative (CSI) is an anti-terrorism initiative
that targets and pre-screens containers, which may pose a risk for
terrorism at designated ports of lading. The implementation of CSI
shall include, inter alia, the following:

- Using information to target containers that pose a risk for
terrorism.

- Using non-intrusive detection technology to quickly pre-screen
those containers that pose a risk at the port departure before they
arrive at US ports.

- Deploying CSI team works in the host country to target high risk
containers in cooperation with the host government which will
conduct inspections when deemed appropriate while the US CSI team
observes.

- Thus, increasing security, CSI facilitates flow of legitimate
trade by allowing pre-screened containers to enter the US without
delay.

This basic implementation procedures document, prepared in line with
the Articles 1 and 3 of the Agreement to which it is annexed, aims
to arrange the principles of cooperation between the Turkish Customs
Administration and the US Government Officers stationed at
designated seaport(s).

The same procedures shall apply for the Turkish Customs Officers
stationed at designated US seaport(s),in case the Turkish Customs
requires deploying a Turkish CSI team.

SECTION ONE: GENERAL PRINCIPLES


1. CBP officers should adhere to the national laws and regulations
of the Republic of Turkey as well as rules, and common practices
applied at seaports of Turkey where CSI is implemented.


2. With a view to the review of the CSI implementation and the
further development of Turkish Customs and CBP cooperation, and
regular meetings between relevant customs authorities are to be held
every three months.


3. The issues not mentioned in this document, additional or modified
implementation procedures, divergences about the interpretation of
this document or any disputes regarding the CSI implementation shall
be evaluated and tackled by the Turkish Customs.


4. CSI officers will only perform relevant activities within the
areas defined in the Agreement. CSI officers are not to directly
contact, exchange information or carry out activities with any party
of the host country other than the CSI contact point(s).


5. CSI officers shall not have diplomatic status. They shall be
subject to Turkish laws and regulations and shall not enjoy any
privilege or immunity. As such, the US CSI Officers shall be
promptly issued with the necessary working permission by the Turkish
Ministry of Labor and Social Security.


6. All inspections and customs procedures of high-risk containers
are to be conducted solely by Turkish Customs officers. In the case
of an anomaly is identified during an inspection, the Turkish
Customs is to investigate and address related issues in accordance
with the laws and regulations of the Republic of Turkey. CBP
Officers will be permitted to observe when physical inspection is
conducted.


7. For day-to-day work, CSI officers are to communicate with the


relevant designated departments of Turkish Customs. All CSI
officers' requests for non intrusive inspection are to be specified
in a written format and relayed to the appropriate Turkish Customs
office in a timely manner, at least 24 hours before shipping,
stating why the inspection is requested.


8. CSI officers' all non intrusive inspection requests made via the
appropriate written format are to be responded to by Turkish Customs
within a reasonable time frame.


9. Turkish Customs Administration and CSI officers are to consult on
all targeting results of high-risk containers selected for non
intrusive inspection. Turkish Customs officers reserve the right to
determine whether and how an inspection is to occur.


10. CSI officers shall provide information to the Turkish Customs,
concerning the monitoring reports to be submitted to the US CBP.


11. If CBP officers need to enter Turkish Customs controlled
areas/premises, they may do so only with permission from Turkish
Customs and shall be accompanied by a CSI contact point. The CSI
officers are prohibited from taking photographs or films within
Turkish Customs controlled areas and shall not take out any
document.


12. CSI is to operate within the normal office hours of the Turkish
Customs.


13. Turkish Customs is to identify personnel as points of contact
for CBP officers during weekends and holidays, and overtimes other
than normal office hours.


14. Language of communication and correspondence between the CSI
officers and the CSI contact points will be Turkish.


15. In case of seizure of commodities within the CSI project, the
CSI officers will not be provided with samples of the captured
commodities.

SECTION TWO: INSPECTION


1. After CSI officers select a container(s) for non intrusive
inspection through risk analysis, they are to submit a completed
written referral to the CSI contact points in a timely manner.


2. When making requests for non-intrusive inspection (NII),CBP is
to provide all necessary identifiers of the targeted shipment to the
appropriate Turkish Customs Office, stating why the inspection is
requested.


3. If an inspection is to be conducted, Turkish Customs officers are
to complete a written response, stating the time and place of the
inspection.


4. If an inspection is not to be conducted, Turkish Customs officers
are to complete a written response, stating why the request for
inspection is not accepted.


5. Once a container is selected for inspection, Turkish Customs
should try to arrange for a non-intrusive inspection (NII). If the
NII is inconclusive or an anomaly is detected, or a radiological
isotope is identified, Turkish Customs may arrange for a physical
inspection. Turkish Customs officers are to perform all inspections.
Capacity and workload of Turkish Customs and infrastructure of the
designated Turkish seaport will be taken into consideration by the
CSI officers when requesting non-intrusive inspection.


6. CSI officers will be allowed solely to observe all inspections of
containers based on high-risk referrals originating from the CSI
team.


7. All containers that have had a CSI examination are to have the
CSI security bolt seal and tamper-evident tape applied by Turkish
Customs officers to distinguish the CSI examined goods from other
goods.


8. Containers examined at designated seaports of Turkey will not be
re-examined once they arrive in United States unless a specific
justification that indicates a risk for containers has occurred
after the CSI examination. In case of re-examination of containers
which were examined in Turkey, the US CBP will notify the Turkish
customs about the reasons for such examination.


9. CSI officers request for CSI examination of cargo already laden
on a departing vessel, will be addressed on a case-by-case basis.




10. During the pilot phase of CSI program, a total of 5 CSI officers
will be assigned to the CSI port located at Izmir. The number of CSI
officers may vary depending on the volume of trade, subject to
mutual agreement of the Parties.


11. Establishment and operation of any communication and data
exchange equipment require prior approval of Turkish Authorities.
Thus, installation of communication and networking equipment on port
premises will be coordinated with the appropriate Turkish
Authorities.


12. The Turkish Government shall not bear any functional or personal
costs of the CSI officers.

SECTION THREE: GENERAL OPERATIONAL REQUIREMENTS

CBP Officers operating in the Republic of Turkey as part of the CSI
may:


1. Request information related to and subsequent of the examination
of only maritime shipments destined to the United States.


2. Request Turkish Customs to perform inspections of selected
containers;


3. Observe the non intrusive and physical inspections when
accompanied by Turkish Customs Officers.


4. Request physical inspection by Turkish Customs if NII screening
is inconclusive or an anomaly is detected, or a radiological isotope
is identified.

CBP Officers operating in the Republic of Turkey as part of the CSI
are not to:


1. Carry or possess any weapons or firearms;


2. Wear CBP uniforms at any time; or


3. Engage in activities not in conformity with Turkish laws and
regulations.


4. Perform any task outside the scope of this Implementation Plan
without mutual consent from the CSI partners.


5. Delay or hinder any shipment that does not pose any risk for
terrorism.

End text of BIP.
Wilson