Identifier
Created
Classification
Origin
06BERLIN2058
2006-07-21 14:26:00
CONFIDENTIAL
Embassy Berlin
Cable title:  

GERMANY: HSPD-6 TERRORIST DATA SHARING UPDATE

Tags:  PTER CVIS PINR PGOV PREL GM 
pdf how-to read a cable
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C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 002058 

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STATE FOR EUR/AGS AND CA/P/IP - ERIN TREACY

E.O. 12958: DECL: 07/21/2016
TAGS: PTER CVIS PINR PGOV PREL GM
SUBJECT: GERMANY: HSPD-6 TERRORIST DATA SHARING UPDATE

REF: A. STATE 109771

B. PILZ-PATTISON EMAILS

C. BERLIN 1995

Classified By: Acting Deputy Chief of Mission John K. Bauman for Reason
s 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 002058

SIPDIS

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STATE FOR EUR/AGS AND CA/P/IP - ERIN TREACY

E.O. 12958: DECL: 07/21/2016
TAGS: PTER CVIS PINR PGOV PREL GM
SUBJECT: GERMANY: HSPD-6 TERRORIST DATA SHARING UPDATE

REF: A. STATE 109771

B. PILZ-PATTISON EMAILS

C. BERLIN 1995

Classified By: Acting Deputy Chief of Mission John K. Bauman for Reason
s 1.4 (b) and (d)


1. (SBU) Summary. Mission Germany has pushed HSPD-6
information sharing with German officials for several months,
thus far without success, but recent developments and future
high-level contact may provide a way forward. The U.S.
sharing of the Terrorist Screening Database (TSDB) for the
Soccer World Cup and an upcoming letter and visit to
Washington from Interior Minister Schaeuble provide
opportunities to influence the German position. End Summary.

Background
--------------


2. (SBU) Germany has several federal law enforcement and
security agencies, among them the Federal Office of Criminal
Investigation (BKA),Federal Police (BPOL),Federal Office
for the Protection of the Constitution (BfV - domestic
security service) and Federal Intelligence Service (BND -
foreign security service). Each maintain data on those who
might pose a threat to Germany, including terrorists. The
Federal Interior Ministry, which is the parent ministry of
all these agencies except the BND, is drafting legislation
that may result in a combined database (ref C).

Mission Efforts
--------------


3. (C) Several Mission Germany elements have engaged their
German counterparts to encourage the sharing of terrorist
lookout information during recent months. While efforts have
not yet borne fruit, progress may still be possible. Legat
sought access to different sets of German terrorist data
(convicted terrorists, suspected terrorists, and those
believed to pose a threat),including their fingerprints.
Attorney General Gonzales raised the issue with Interior
Ministry Deputy Minister Altmaier in Vienna in May and FBI
Deputy Director Pistole had earlier made the request to
senior German counterparts in October 2005. German officials
responded that European and German data privacy

considerations prevent the sharing of the information. MOI
staff cite the same obstacle to Global Affairs Officer and
add that Washington might want to consider seeking data
exchange with the Schengen system, rather than individual
European countries.


4. (C) Secretary Chertoff specifically raised the sharing of
terrorist lookout data with German Interior Minister Wolfgang
Schaeuble in June at the G-8 Justice and Home Affairs
ministerial in Moscow. This meeting along with refs A and B
provided post the opportunity to pursue the HSPD-6 agenda
anew. Senior MOI officials repeatedly cite broader data
sharing as a prime German objective in the fight against
terrorism. MOI DG for the Federal Police, Dr. Ruediger Kass,
told EMIN July 13 that privacy considerations
notwithstanding, Germany shared U.S. objectives in preventing
the travel of terrorists and ought to be able to agree to the
U.S. request. But MOI Deputy DG for Counterterrorism Gerhard
Schindler was less optimistic in a July 17 meeting with a
visiting interagency U.S. Counterterrorism delegation headed
by Primary National Intelligence Officer for Transnational
Threats David Low. Schindler again cited the privacy
considerations.

Upcoming Ministerial Correspondence, Travel
--------------


5. (C) MOI Office Director for Biometrics, Passports and IDs
in the Information Technology Directorate Andreas Reisen told
Cons MinCouns, ConOff and Global Affairs Officer July 20 that
he was to draft a letter from Minister Schaeuble to Secretary
Chertoff responding to the Secretary's proposal in their June
meeting for the two countries to work more closely together.
Emboffs told Reisen, and subsequently informed other MOI
offices, that the Minister should respond to Secretary
Chertoff's specific HSPD-6 proposal for terrorist lookout
data sharing, a key U.S. priority, in his letter. Other MOI

BERLIN 00002058 002 OF 002


offices, including those of Kass and Schindler, will also
have input in the letter. The letter will set the stage for
Schaeuble's planned visit to Washington the week of September

24.

TSC Shared TSDB for World Cup

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


6. (C) Recent successful data sharing may also help argue our
case: The TSC shared relevant portions of the TSDB, via
Legat, with the BKA for Germany to vet those applying for
accreditation badges at the June 9 - July 9 2006 Soccer World
Cup. German officials checked more than 147,000 names
against the TSDB; there were no "hits." In order to prevent
a court-mandated release of any potentially provided tearline
information on hits, the two sides agreed that the U.S. would
provide hit background information, if any, to the BfV.
Under German law the BfV would be able to resist a judge's
order to reveal the source of the information on
confidentiality grounds; the BKA would not. This resolution

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of how the two sides would handle potential hits made it
possible for the U.S. to share the TSDB with Germany and may
point a way forward for HSPD-6 as well.


7. (SBU) Mission will continue to work with German officials
in the coming months towards an agreement to share terrorist
lookout data per HSPD-6.
TIMKEN JR