JAMAICA: PROPOSED CHANGES TO APIS UNFEASIBLE

C O N F I D E N T I A L KINGSTON 002409

SIPDIS

SIPDIS

STATE FOR WHA/CAR (BUDDEN, FORTIN)

E.O. 12958: DECL: 12/20/2016
TAGS: PREL PGOV EAIR KJUS XL
SUBJECT: JAMAICA: PROPOSED CHANGES TO APIS UNFEASIBLE
POINTS DELIVERED

REF: A. STATE 199855

B. KINGSTON 2151

Classified By: CDA James T. Heg, reasons 1.4 (b) and (d)


1. (C) Summary: On December 18, econoff delivered ref. A
talking points to O'Neil Hamilton, Special Advisor to
Minister of National Security (MNS) Peter Phillips. On
December 19, DCM reiterated the points to MNS Permanent
Secretary Gilbert Scott, and econoff followed up with

SIPDIS
Hamilton on December 20. While there seems little chance
that the implementing legislation for APIS will be passed by
December 31, post believes that the GOJ is committed to
seeing the system operational, and will do whatever is
necessary to facilitate the process. End summary.


2. (C) On December 18, econoff met with O'Neil Hamilton,
Special Advisor to Jamaican Minister for National Security
Peter Phillips, to convey reftel talking points. Hamilton
was well aware of USG concerns, but expressed surprise that
the issue had become as serious as it has. He assured
econoff that legislation was with the GOJ's Office of the
Attorney General, and that passage of said legislation would
not be a problem.


3. (C) Hamilton was less well-versed on matters relating to
the reduced timeline for APIS completion and delivery, and
regarding the desire of DPM Systems to connect to the CBP/NTC
network. He did, however, note that to his knowledge the UK
had not demarched CARICOM governments to assure them that
their third-party privacy concerns were no longer an issue.


4. (C) On December 19, DCM followed up with a call to GOJ
Permanent Secretary in the Ministry of National Security,
Gilbert Scott. Scott's blunt assessment was that there was
no possibility that the enabling legislation could be passed
by December 31, as Hamilton had previously promised. He
noted that the prototype legislation that the GOJ Attorney
General's Office had reviewed was back in the hands of
CARICOM for revision. He stated that the GOJ has a
representative in Port of Spain working on the document, but
that since the GOJ Cabinet is in recess for the Christmas
holiday season, there was no chance that it could be passed
before the next year.


5. (C) On December 20, econoff again called Hamilton to gauge
the reaction of Minister Phillips to these demarches.
Hamilton clarified that a consistent prototype of the
legislation is being worked on by CARICOM, and it must be
"blessed" by the Council of Ministers before being passed to
host governments for passage (Note: This does not explain how
Barbados has its legislation in place. End note).


6. (C) Hamilton conceded that Minister Phillips was furious.
He said that Phillips had been told by "advisors" that he
needed only to incorporate the protocols into existing
aviation legislation; this is why he stated (ref B) that he
needed no new legislation to Ambassador when questioned about
this issue on October 30. Hamilton further explained that
the GOJ was "deeply committed" to this system, and that
despite the confusion, Jamaica would do whatever it took to
get the legislation in place.


7. (C) Comment: Hamilton is a valuable interlocutor, and is
often very frank about the region's shortcomings and
weaknesses. Nevertheless, he often says what he believes the
USG wants to hear, imagining that he will get it done after
the fact. In this case, he expressed shock that the USG has
almost reached a critical point, even as he acknowledges that
we have engaged him on this issue multiple times.


8. (C) Despite the foregoing, Hamilton is a pragmatist who
now knows what needs to happen. Likewise, Minister Phillips
is sensitive to the disastrous effect of the USG pulling away
from the APIS project. While it is almost inconceivable that
the requisite legislation will be passed by December 31, it
is equally inconceivable that Jamaica will not pass it. Now
that they are clear that there are real consequences, post
believes that Phillips will push as hard as he must to get
what the region needs (and wants). End comment.
JOHNSON