EL SALVADOR TO ACCEPT E TRAVEL DOC, STILL UNSURE

C O N F I D E N T I A L SAN SALVADOR 002900

SIPDIS

SIPDIS

NSC FOR DAN FISK

E.O. 12958: DECL: 12/04/2016
TAGS: PREL PGOV KCRM KJUS CASC KHLS
SUBJECT: EL SALVADOR TO ACCEPT E TRAVEL DOC, STILL UNSURE
ABOUT OAS TREATY

REF: A. STATE 179139

B. STATE 188230

C. SAN SALVADOR 2639

Classified By: Ambassador H. Douglas Barclay. Reasons 1.4 (b) and (d)


1. (C) SUMMARY: On December 4 the Ambassador, accompanied by
poloff notetaker, met with Foreign Minister Lainez to follow
up on the two major proposals the USG has presented to the
GOES on the issue of the deportation of Salvadoran criminals.
Lainez agreed orally to accept the ICE-E Travel Document
system, though the written confirmation he presented to the
Ambassador as he was leaving the meeting included some
caveats. Lainez also expressed continued confusion on the
issue of the OAS Prisoner Transfer Treaty, and leveled
accusations that certain states are cutting deals with
criminals for early release in exchange for returning to
their countries of origin. Sending a USG delegation to
explain provisions of the treaty to GOES officials could
prove beneficial to clear up continued confusion on the OAS
Treaty. End Summary.

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


2. (C) Since the September 18 request of President Saca to
President Bush for the USG to investigate mechanisms to
mitigate the consequences of the deportation of Salvadoran
criminals back to their home country, the USG has presented
two concrete proposals: GOES acceptance of an ICE Electronic
Travel Document, and GOES accession to the OAS Prisoner
Transfer Treaty (reftels A and B). These proposals have been
presented to GOES officials at various levels, who were
noncommittal. The Ambassador called this meeting to seek a
more definitive GOES response.

E Travel Document
--------------


3. (C) On the Electronic Travel Document proposal, Lainez
told the Ambassador the GOES will agree to start using the
ICE E-Travel Document as long as their Consular Officials can
assign the document a provisional passport number after
reviewing the biometric data and confirming the identity and
citizenship of the individual. He reported that the Ministry
of Governance would then prepare a corresponding document in
El Salvador with the same number to present to the individual
upon arrival in El Salvador. Lainez said that this document
printed by the Ministry of Governance would help meet their
constitutional requirement that all passports/travel
documents be produced directly by a GOES authority. He said
that President Saca had instructed him to find a way to make
this program work as it is beneficial to the GOES. Lainez
described this fix to the solution as a "bit of a stretch"
constitutionally, but stated that his lawyers had reviewed it
carefully and believed it could beat potential legal
challenges. He said the GOES was very eager to cooperate
with the US on the issue, and considered this a good
solution. He also assured the Ambassador that the Ministry
of Governance, in preparing the document on the Salvadoran
end, would have to review all of the biometric and criminal
background data, and thus the program would have the added
benefit of getting the information to the correct Salvadoran
authorities.


4. (C) Lainez provided the Ambassador a signed copy of El
Salvador's agreement to use the ICE E-Travel System as the
Ambassador walked out of the meeting. The letter affirmed
much of what was said in the meeting, but included some
contradictory language, especially in the annexes and
diagrams attached. It expressed disappointment that planned
negotiations for the ICE system to transfer data to the
Salvadoran E-Travel system have not been completed, and
included an extra caveat not raised at the meeting. The
signed letter by Lainez said that in order to comply the GOES
required that "the biographic, biometric, and other data be
transferred from the ICE E-Travel Document System to the El
Salvador E-Travel Document system." This requirement,
elaborated on further in an annex, appears to drop the
requirement that the systems be fully compatible, including
the transfer of Excel Zip files, but seems to indicate their
desire for further technical coordination. The letter also
acknowledged and accepted the offer of the USG to provide
direct access to relevant Consular and Law Enforcement
Officials to the ICE system, and provide training and
equipment to the Salvadoran Consulates. Originals of the
letter and its accompanying diagrams have been scanned and
sent via unclass email to WHA/CEN.

OAS Prisoner Transfer Treaty
--------------


5. (C) On the issue of accession to the OAS Prisoner
Transfer Treaty, the Foreign Minister confessed that he still
did not have a sufficient understanding of the details and
provisions of the Treaty. Like other interlocutors on the
issue (ref C),Lainez was noncommittal, and raised other
related issues. He argued that one of the principal concerns
of the GOES was that while no criminal prosecuted at the
federal level is sent back before finishing their sentence,
he had evidence of cases at the state level where deals were
being reached to allow for reduced sentences in exchange for
return to one's home country. He did not provide this
evidence, but mentioned three scenarios: some states that
mandate early release in exchange for deportation; instances
of state attorney generals negotiating such a deal with
criminals; and some states that allow a prisoner to choose
between finishing their sentences or release for a pending
deportation. Without making reference to what the OAS Treaty
may do to solve this problem (the Ambassador re-iterated that
no prisoner transfer treaty allows for the potential transfer
without the consent of the prisoner),Lainez indicated that
this was the area of greatest concern for the GOES, and hoped
for USG cooperation to prevent any criminals accepting
release in El Salvador in exchange for a reduced criminal
sentence. The Ambassador promised to pass the message along,
but reminded Lainez that the federal government does not have
the authority to intervene in a state judicial proceeding.
He said the USG was concerned, however, and wants to do
everything possible to help prevent scenarios in which a
criminal who might otherwise still behind bars is set free in
El Salvador.

Comment
--------------


6. (C) The meeting was very cordial, and Lainez seemed
pleased that the GOES has found a way to accept the ICE
E-Travel Document, despite concerns expressed by some about
constitutional constraints and/or a potential loss of
Salvadoran sovereignty. Overcoming this sovereignty hurdle
and agreeing to let the USG physically print the document is
a major development. The technical issues about the degree
to which Salvadorans need data transferred to comply with the
new system will have to be discussed at a working level, but
should not create significant delays. On the issue of the
OAS Treaty, post does not have information about deals being
cut at a state level, but will press interlocutors in the
GOES to provide evidence of the examples that Lainez
mentioned. As the issue of prisoner transfer remains an area
of confusion for our contacts, post requests that the
Department authorize a meeting either in Washington or San
Salvador so that members of the CA Bureau and the Prisoner
Transfer unit of DOJ can explain the provisions of the treaty
to GOES officials. Post also seeks Department guidance in
responding to inquiries about deported criminals who have
negotiated a reduced sentence.
Barclay