EU-US INFORMAL SENIOR-LEVEL MEETING ON JUSTICE AND HOME

UNCLAS SECTION 01 OF 03 HELSINKI 000696

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SENSITIVE
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E.O. 12958: N/A
TAGS: SNAR PREL PGOV CVIS CPAS KCRM KFRD SMIG EUN FI
SUBJECT: EU-US INFORMAL SENIOR-LEVEL MEETING ON JUSTICE AND HOME
AFFAIRS COOPERATION

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1. (SBU) SUMMARY. The U.S. and EU, under the chair of the Finnish
Presidency, met in Helsinki on July 18 for the Informal Senior Level
Justice and Home Affairs (JHA) Meeting. Led by Acting INL DAS
Elizabeth Verville, DOJ liaison to USEU Mark Richard, and DHS Acting
A/S for Policy Development Paul Rosenzweig, USDEL continued its
ongoing dialogue on issues related to counterterrorism, law
enforcement, border security and migration. USDEL emphasized the
importance of building upon existing cooperation and improving
coordination, most notably to ensure a continuous flow of
information between respective law enforcement agencies. In this
regard, both sides welcomed the progress in negotiations for an
agreement between the U.S. and Eurojust, as well as the final
signature on the bilateral protocols that once ratified will enable
the implementation of the U.S.-EU Mutual Legal Assistance (MLA) and
Extradition Treaties. In addition, EU representatives confirmed that
the passarelle option would be pursued under the Finnish Presidency
and expressed hope that a final decision could be taken by December,
which would thereby change decision making on justice related
issues. USDEL thanked the EU for receipt of its proposal for a
revised Passenger Name Record (PNR) agreement and welcomed future
discussions. EU participants stressed the urgency to come to an
agreement to cover the interim period, September 30, 2006 - November
2007, before a new agreement could be concluded. Lastly, EU reps
requested the U.S. confirm a date for the U.S.-EU JHA
Ministerial-Troika, proposed for November 6 in Washington. It was
also suggested to hold the JHA High Level Policy Dialogue on Border
and Transport Security (PDBTS) on the margins of the Ministerial
meeting. END SUMMARY.

Counterterrorism and Security
--------------

2. (SBU) EU reps provided a status report on the implementation of
the EU Counterterrorism (CT) Strategy. While the EU is making
progress on biometric requirements for passports, development of the
Schengen Information System (SIS) II is facing technical
difficulties and will likely not be ready by the April 2007
deadline. In response to a U.S. request for direct access for third
countries to SIS II data, the EU stated it would be difficult to
allow such access for political reasons, although there would be no
technical impediments to sharing. However, the EU is currently
exploring whether the Interpol database system could serve as an
alternative with respect to sharing of specific categories of data.
The European Commission (Commission) also reported it has been
consulting with private sector stakeholders on critical
infrastructure protection and on the development of detection
technologies in the field of CT. On the latter initiative, the
Commission will publish a green paper this summer and welcomes U.S.
input. In regards to the misuse of charities, the EU has held
discussions with the nonprofit sector, but indicated that it does
not intend to pursue a legislative approach at this stage as a way
to prevent terrorist support being accomplished via such charities.



3. (SBU) U.S. and EU participants agreed on the importance of
coordinating with G8 CT initiatives and of promoting further
research on terrorist's misuse of the Internet in order to tackle
radicalization and recruitment. Richard stressed the importance of
also focusing on operational issues in addition to concentrating on
public diplomacy initiatives. The Commission noted that an EU
delegation visited Washington on July 17 for consultations on the
EU's project to develop a non-emotive lexicon. The EU is also
establishing an expert advisory group that will issue two reports,
one on the state of current research on radicalization due in
November, and a second report on the phenomenon as such, which is
due to be released in January 2007. A/S Rosenzweig briefly
described DHS efforts in this area, including DHS Science and
Technology's research programs and civil integration initiatives in
Citizen and Immigrant Services and suggested that both sides
coordinate efforts to avoid unnecessary duplication.


4. (SBU) EU representatives stressed the importance of recent
dialogue with regard to human rights and terrorism, emphasizing the
importance of POTUS statements at the June Summit on the intention
to close the Guantanamo detention facility and the recent Supreme
Court ruling on military tribunals to try enemy combatants. USDEL
clarified that the Supreme Court ruling established Article III of
the Geneva Convention as being applicable to enemy combatants and
ruled that the system of military tribunals is inconsistent with
U.S. law, which is being addressed by Congress.


5. (U) Under this item, USDEL also introduced Jane Horvath, DOJ's
recently appointed Chief Privacy and Civil Liberties Officer. She
provided EU delegates with an overview of the data protection model
in the U.S. government. In particular, she highlighted the focus on
the protection of privacy in the Administration's information
sharing efforts. [NOTE: On the margins, EU participants seemed very
eager to learn more about Horvath's function within the U.S. system,

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particularly as it related to data protection and oversight. For
example, Eurojust extended an invitation for Horvath to brief the
organization on the Administration's data protection efforts.
Europol requested a copy of her office's upcoming, statutorily
mandated report. The EU Council Secretariat representative made
comparisons with Horvath regarding U.S. data protection and EU data
protection. He indicated a desire to learn more. END NOTE]

Justice and Law Enforcement Issues
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6. (SBU) Both sides praised the recent breakthrough in negotiations
for a U.S.-Eurojust agreement, and highlighted the possibility of a
signing ceremony at the U.S.-EU Ministerial in Washington this
November. Eurojust also indicated its intention to circulate a
questionnaire that once completed would assist in further
discussions on the use of intelligence in criminal proceedings. In
addition, with the final signature on the bilateral protocols of the
U.S.-EU Mutual Legal Assistance (MLA) and Extradition Treaties, the
EU and U.S. agreed that training would be critical to ensure proper
and timely implementation, especially of the banking provision, and
should not wait until ratifications are complete.


7. (SBU) Europol also noted that three countries had yet to ratify
the third protocol to the Europol Convention, which would allow U.S.
access to Europol's analytical case files thereby increasing the
depth of operational cooperation. Europol indicated that it would
reach out to these remaining countries and USDEL indicated its
intention to do so as well. USDEL also highlighted the need to work
out processes for receiving requests from Europol as U.S. officials
based in Europol had yet to develop a solid relationship with their
Europol counterparts.


8. (SBU) In regard to the UN Convention against Corruption,
Verville highlighted ongoing discussions in advance of the
Conference of the States Parties (COSP) scheduled for December 2006
and stressed the importance of examining the core provisions,
including criminalization, international cooperation and asset
recovery. While monitoring would need to be looked at, Verville
noted that a solid base for implementation must first be
established. The Finnish rep expressed a preference to focus first
on a monitoring mechanism.


9. (SBU) In relation to the Balkans, USDEL noted that the draft
charter for SECI contained stringent data protection provisions that
would prevent cooperation with the U.S. EU reps indicated that a
second version is still in the drafting stages and offered no
further information. On counter-narcotics issues in Afghanistan, EU
reps reacted cautiously to a U.S. proposal for Member States to use
the 1988 UN Drug Convention as the basis for extradition of drug
traffickers as they foresaw problems related to jurisdiction in such
cases. Eurojust agreed to take the issue back to The Hague and
report the proposal to its members, getting back to the U.S. as soon
as possible.


10. (SBU) The EU reported that progress had been slow on the EU
draft Data Protection Framework Decision, but hoped to complete it
by end of this year. EU reps refused to comment on how this
Framework Decision could affect information sharing with third
country law enforcement, or how or whether existing agreements would
be preserved. Rosenzweig also highlighted for the EU that a vast
majority of current law enforcement cooperation is conducted
informally and outside the framework of formal agreements. The
Finns also indicated that they will be moving forward on the
passarelle option as a way to improve decision-making on justice and
police matters and hoped for a decision by December. Under this
option, unspecified justice issues would be moved from consensus
decision making by Member States (Third Pillar) to qualified
majority voting (First Pillar). Significantly, they would
thereafter fall within the ambit of the current Pillar One Data
Protection Directives, as well as Parliament involvement in any
proposed legislation.


11. (SBU) Finally, USDEL informed EU reps that the U.S. would soon
be placing an intellectual property (IP) enforcement coordinator in
Eastern Europe, in addition to placing permanent IP attaches in
select Embassies and Consulates. USDEL also provided an overview of
a meeting between FBI and the European Police College (CEPOL) to
discuss potential avenues of cooperation. The Commission emphasized
that cooperation with the U.S. would have to be approved by the
Council.

Migration, Borders and Visa Issues
--------------

12. (SBU) USDEL thanked the EU for receipt of the EU's proposal for
a revised PNR agreement and welcomed future discussions. EU
participants stressed the urgency to come to an agreement to cover
the interim period, September 30, 2006 - November 2007. In addition,

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EU reps noted that some Member States will need to invoke
Constitutional procedures to ratify a new agreement, which might not
happen until 2007. The EU hoped, but could not guarantee, that all
Member States could put an agreement into immediate effect on a
provisional basis, pending ultimate parliamentary endorsement.


13. (SBU) The Commission delegation noted that the release of their
latest report on visa reciprocity would likely be delayed until
September.


14. (SBU) Rosenzweig urged EU Member States to share lost and
stolen passport (LASP) data with Interpol and suggested that they
confiscate LASPs when found at borders - as the US is doing.
Frelick (State/CA) provided a progress report on administering U.S.
e-passports. In addition, the EU provided a brief overview of
FRONTEX, which was established to facilitate operational cooperation
at EU external borders. EU reps noted that FRONTEX was seeking to
establish working relationships with third countries and had thus
far reached out to Russian Border Guards. Rosenzweig indicated DHS
interest in working cooperatively, particularly on best practices,
and invited further discussion. Rosenzweig also discussed
developing aviation entry/exit screening in light of a possible
pandemic to avoid stopping all international travel, and asked the
EU to consider working with us to develop a common set of protocols
or standards. The EU reps cautioned that data protection would need
to be addressed before such cooperation could ensue which might
include any effort to identify individual travelers.

Other Issues
--------------

15. (SBU) At the end of the meeting, German Director General Gunter
Krause questioned when the Finnish Presidency would conduct the
expert group meeting, as indicated in the May 4, Vienna communiqu,
to discuss the future EU-U.S.-Russian tripartite cooperation and
make recommendations for the German Presidency. Verville inquired
as to what topics the EU/Presidencies had in mind, as well as the
advantages and recommendations of such a dialogue. Verville
suggested that the U.S. and EU discuss respective bilateral
cooperation with Russia in advance of conducting a meeting that
included other countries. She also added that while the U.S.
remained open to the concept, she was not in a position to put forth
any suggestions as the U.S. had not yet identified discussion topics
that would achieve concrete benefits. The EU Presidency agreed with
Verville's summation and suggestion. [NOTE: On the margins of the
dinner, Krause, sensing a lack of enthusiasm from Finland or in
Germany raised with Verville and Rosenzweig an uncleared proposal to
continue the four Presidency-U.S.-Russian dialogue by, in essence,
expanding the tripartite meeting with Russia to include Azerbaijan,
Armenia, Moldova and Georgia. In response to Verville's question as
to what they would expect to raise/achieve in such an expanded
meeting, Krause said he was looking for answers, but did not have
one himself. Krause said they would await an answer/reaction from
the U.S., and Verville replied that such an answer would be
facilitated by knowing what they had in mind by way of an agenda and
outcomes. END NOTE]


16. (U) The U.S. delegation included: Elizabeth Verville, State
Acting INL DAS; Paul Rosenzweig, DHS Acting A/S for Policy
Development; Mark Richard, DOJ Liaison to USEU; Kathleen Conway, CBP
Liaison to USEU; Christine Cline, State/INL; Timothy Eydelnant, Emb
Helsinki; Alcy Frelick, State/CA; Jane Horvath, DOJ; Kenneth Kolb,
Emb Helsinki; Alessandro Nardi, State/EUR; Kenneth Prop, State/L;
Michael Scardaville, DHS; and Jessica Steffens, State/INL.


17. (U) EU participants included: Antti Pelttari, Director General
for the International Security Affairs Unit in the Finnish Ministry
of Interior; Matti Jousten, EU-Coordinator in the Finnish Ministry
of Justice; Giles de Kerchove, Director in the EU Council
Secretariat; Paul Hickey, Director in the EU Council Secretariat;

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Marque Tung-Lai, Director of JLS General Affairs in the European
Commission; Jan De Ceuster, Head of the Unit on Borders and Visas in
the European Commission; Roelof-Jan Manshot, Vice-President of
Eurojust; Maz-Peter Ratzel, Director of Europol; Michael Grotz,
Deputy Director General of German Federal Ministry of Justice;
Gunter Krause, German Federal Ministry of the Interior; as well as
Vivian Loonela, Administrator in the European Commission; Christiane
Hohmann, Administrator in the European Commission; Kari Rantama,
Finnish Deputy National Police Commissioner; Pentti Visanen, Finnish
Immigration Department; Kalle Kekomaki, Finnish Ministry of
Interior; Elina Isoksela, Finnish Ministry of Justice; Sakari
Vourensola, Finnish Ministry of Foreign Affairs (MFA); Leena
Kiukkonen, Finnish MFA; Juha Rainne, Finnish MFA; Hikka Nenonen,
Finnish MFA; and, Veli-Pekka Rautava, Finnish MFA.


18. (U) This cable has been cleared by the U.S. Delegation.

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