FRENCH GOVERNMENT INTENDS DISTRIBUTION OF SECURE E-

UNCLAS SECTION 01 OF 02 PARIS 001855

SIPDIS

E.O. 12958: N/A
TAGS: CMGT ETRD CVIS FR
SUBJECT: FRENCH GOVERNMENT INTENDS DISTRIBUTION OF SECURE E-
PASSPORTS BY SUMMER 2006

Reftel: PARIS 1414


1. SUMMARY. Assistant Secretary for Consular Affairs
Maura Harty and Paris Consul General Donald E. Wells met
with the Director of French consular services, Francois
Barry Martin Delongchamps at France's MFA on March 10.
Ambassador Harty learned the GOF intends to begin
distribution of its e-passport in April. The GOF has also
introduced a new machine-readable, emergency passport
featuring a digital photo and other security features
intended to meet current Visa Waiver Program (VWP)
requirements. This passport is not meant to substitute for
current full-validity passports that do not conform to VWP
rules, but the MFA offered to allow some French citizens
traveling to the U.S. to apply for this passport as an MFA
courtesy. Delongchamps also raised the issue of visa
requirements for French nationals traveling between France
and French Polynesia. On a topic raised by A/S Harty,
Delongchamps was supportive of the USG position during
discussions of the Hague case of Esther LaFourcade. END
SUMMARY.


2. Ambassador Maura Harty, Assistant Secretary for Consular
Affairs and Embassy Paris Consul General Donald E. Wells met
with the Director of Services for French Citizens Living
Abroad at the Ministry of Foreign Affairs on March 10.

DISTRIBUTION OF FRENCH E-PASSPORTS BY APRIL
--------------


3. Delongchamps informed Ambassador Harty that problems
surrounding who would print France's e-passport (Reftel) had
been resolved. The GOF will begin issuing its e-passport in
April out of its central processing facility in Nantes.
This same passport will also be produced in June at some of
France's larger consular sections, such as the one in
Washington, DC. The new e-passport will conform to ICAO,
European Union and U.S. standards.


4. The MFA has already started issuing a new one-year
validity emergency passport at consular missions abroad.
Though issued for emergency travel, this passport
incorporates a digital photo. Delongchamps assumed it would
be valid for travel to the U.S. without a visa because it is
machine-readable and includes other security features that
meet ICAO standards. A/S Harty told Delongchamps she would
take exemplars of this new temporary-use passport to DHS for
examination. Ambassador Harty also agreed to provide DHS'
decision on the documents to the MFA through Embassy Paris.
(Note: State 44888 already contains the results of A/S
Harty's inquiry).


5. Ambassador Harty asked if the GOF could issue the French
emergency passport to U.S.-bound travelers if this new
document is VWP compliant. Delongchamps explained the MFA
did not intend the emergency passport to be used by French
travelers needing a visa for U.S. travel to circumvent to
the visa application process at Embassy Paris. First,
French consuls in Europe's visa-free travel Schengen
countries are not obligated to issue French citizens an
emergency issuance passport but can require them to travel
back to France and apply for a full-validity passport.
Second, France's consulates in neighboring countries would
not be able to meet the needs of the high volume of
travelers to the U.S. due to the lengthy security checks
that are required to apply for a French passport abroad.
Delongchamps offered the possibility that the MFA could meet
the USG "half-way" and offer the issuance of an emergency
issuance passport at a neighboring country consulate to U.S.-
bound travelers on a case-by-case as a "courtesy."

FRENCH ENCOUNTER DIFFICULTY TRAVELING TO AND FROM FRENCH
POLYNESIA
-------------- --------------


6. Delongchamps next raised the issue of French travelers
to and from Tahiti with passports issued after October 26,
2005 who currently are required to apply for a visa to
transit. The only practical route from Papeete to French
territory requires travelers to transit the U.S. via Los
Angeles using Air Tahiti, the only airline offering direct
flights between these two parts of France. This has proved
especially difficult for French citizens resident in French
Polynesia. The nearest U.S. consulate is located in Suva,
requiring eight hours of travel each way prior to boarding
the flight transiting Los Angeles. The GOF perceives this
as a sovereignty issue as these travelers are citizens
traveling between territories of the same country. This
situation could also is likely to have adverse economic
consequences for Air Tahiti.


7. Ambassador Harty clarified that there are currently no
exceptions to transiting the U.S. without a visa if a
passport does not meet VWP requirements. She offered to
explore whether or not an exception could be made for French
citizens who are resident in French Polynesia.
DELONGCHAMPS APPEARS SUPPORTIVE OF HAGUE CASE INVOLVING
ESTHER LAFOURCADE
-------------- --------------


8. Delongchamps expressed concern and support for the U.S.
position on The Hague case involving Esther LaFourcade an
American citizen minor abducted and brought to France by her
French citizen mother. Ambassador Harty explained that the
USG differs with the French court's interpretation of
Articles 12 and 13 of the Hague convention. The court
decision that granted custody of Esther to her mother was
based on these two articles. As pertains to Article 12,
Esther's U.S. citizen father filed a Hague petition in the
French court system within the required 12 months, but was
forced to wait 10 months before the case received a hearing.
With regard to Article 13, while each country may decide the
age at which a child is mature enough to express a choice as
to which parent to reside with, the USG considers Esther,
who was nine years old at the time of the case, to be too
young to decide whether she wants to live with her mother or
father.


9. While Delongchamps noted that the MFA is unable to
override the court's decision, he appeared to agree with the
USG view. He stated that he will convey the U.S.
perspective on Articles 12 and 13 of The Hague Convention to
the French Ministry of Justice, including his concern about
the outcome in the LaFourcade case and its implications for
French obligations under the treaty.

Stapleton