IMMIGRATION ADVISORY PROGRAM: NOTE VERBALE AND MOO

UNCLAS SECTION 01 OF 05 TOKYO 004970 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR AMBASSADOR MICHAEL MICHALAK AND L (SPROSSER) DEPARTMENT OF HOMELAND SECURITY FOR KSAVA, DPALMERI, KBROWN E.O. 12958: N/A TAGS: PTER JA SUBJECT: IMMIGRATION ADVISORY PROGRAM: NOTE VERBALE AND MOO FOR CLEARANCE REF: STATE 138354 ¶1. (SBU) This is an action request. Please see para 3. ¶2. (SBU) Embassy Tokyo greatly appreciates the efforts made by the joint Department of State-Department of Homeland Security delegation to secure agreement on the Immigration Advisory Program (IAP) documents. As agreed during the negotiations, the Ministry of Foreign Affairs (MOFA) after reviewing the draft Note Verbale and the three Memoranda of Operation (MOO) (para 4-7) returned them to the Embassy with only one minor change to the MOJ MOO on August 30. (Note: Word versions will be forwarded separately by unclassified e-mail.) MOFA assures us that the relevant ministries and agencies have reviewed the documents and are ready to move forward. Officials at the Director General level plan to sign the MOO, and MOFA expressed hope that officials at the same level will sign for the United States. ¶3. (SBU) The Department and DHS are asked to review the proposed drafts and reply with clearance or further comment. ¶4. (SBU) Text of Note Verbale Begin text The Ministry of Foreign Affairs presents its compliments to the Embassy of the United States of America in Japan and has the honor to inform the Embassy of the following; The Government of Japan, Recognizing the close and productive relations between the immigration authorities of Japan and the United States of America; Recognizing that there is significant passenger air travel between Japan and the United States of America; Noting that the threat of international terrorism remains serious, and, in this situation, it is of vital importance for both countries to protect the security of aircraft and passengers from the threat of terrorist attacks; Taking into account that many terrorists and other criminals who are involved with international crime travel beyond borders by using fraudulent travel documents; Recognizing that, particularly from the viewpoint of countering terrorism and international crime, it is very useful for the airline carriers to receive advice from government experts on the detection of fraudulent travel documents; Noting also that airline carriers benefit from advice they receive from government experts not only on the detection of fraudulent travel documents but also on the adequacy of the documentation required to enter the country of destination; Convinced that the immediately above-mentioned approach would further contribute to the facilitation of the air travel between the two countries; and Noting that the Government of the United States of America proposed to start a pilot project of the Immigration Advisory Program (hereinafter referred to as the "IAP"),which consists of sending one country's government officials with expertise to certain airports in the other country with the objective of giving advice to the airline carriers; Expressed its intention to allow relevant officials of the Government of the United States of America to be stationed at Narita International Airport under the IAP on a reciprocal basis, consistent with the following paragraphs 1 to 7. ¶1. Framework (1) During the period of the pilot project of the IAP, officers of the US Customs and Border Protection (hereinafter referred to as "the IAP officers") plan to be stationed at TOKYO 00004970 002 OF 005 the Narita International Airport. The IAP officers are not to exercise any powers or law enforcement authority and are to work in accordance with relevant laws and regulations of Japan. (2) An airline carrier that operates flights destined for the United States of America may voluntarily seek advice and assistance from the IAP officers located in Japan, particularly with respect to (i) whether a travel document of a specified passenger is authentic or not and/or (ii) whether a specified passenger has the proper documentation to enter or transit the United States of America or not. If the IAP officers have advance information indicating that a specified passenger is likely to be found inadmissible upon arrival in the United States, the IAP officers may advise the airline carrier when appropriate. Upon receiving the information, the airline carrier may voluntarily seek additional advice and/or assistance from the IAP officers on (i) and/or (ii) mentioned above. In providing advice and assistance to the airline carriers, the IAP officers may, in conjunction with airline personnel, interact with any specified/identified passenger(s),if there is a particular request from the airline carrier or the specified passenger. (3) If the IAP officers recognize and /or identify, through the use of passenger assessment that a certain passenger is likely to be found inadmissible upon arrival in the United States of America as a result of the process stipulated in the paragraph 1.(2),the IAP officers may advise the airline carrier. The airline carrier may then independently review the information available to it and decide whether to allow the passenger to board. ¶2. Details of the activities of the IAP officers. (1) The IAP officers dispatched pursuant to this pilot arrangement are not to be received by the Government of Japan as members of the diplomatic mission nor the consular posts. (2) The relevant authorities of both governments intend to separately prescribe the details of the operational protocol of the IAP officers' activities. (3) It is expected that information which the IAP officers obtain in Japan, except those information obtained from CBP database systems, including that on the passengers who are denied boarding as a result of the activities of the IAP officers, is to be used only for the purpose of facilitating the work of immigration control of the Government of the United States of America. Any other use of this information would be governed by existing applicable agreements and relevant domestic laws of both governments. ¶3. Relation with the airline carriers (1) The IAP officers are normally expected to give advice verbally, however, if requested by the airline carriers, IAP officers may also provide written information. (2) The IAP officers are not expected to perform any activity that imposes additional requirements on the airline carriers, such as requesting information including Passenger Name Record data, which exceeds the scope of information currently required by Advance Passenger Information (API), nor may they cause delays in boarding procedures. ¶4. Cooperation with the relevant authorities of the Government of Japan (1) In order to implement the IAP smoothly and effectively, the IAP officers are expected to closely cooperate with the relevant authorities of the Government of Japan, to include the exchange of relevant information, in accordance with relevant laws and regulations of Japan and the United States of America. (2) If the IAP officers have advance information indicating that a specified passenger is likely to be found inadmissible upon arrival in the United States, the IAP officers are TOKYO 00004970 003 OF 005 expected to convey the relevant information to the appropriate authorities of the Government of Japan and the airline carriers, as soon as possible, to the extent practicable and authorized by U.S. law. (3) The exchange of information between relevant authorities of both governments is intended to be governed by existing applicable arrangements between the U.S. and Japan, or to the extent not already covered by existing arrangements, the exchange of information may be addressed by separate arrangements made by mutual consent between those authorities. ¶5. Commencement, Period, Suspension, and Termination of the pilot project of the IAP (1) The pilot program of the IAP is expected to commence when the Government of Japan receives from the Government of the United States of America a diplomatic note in reply, indicating its intention to commence activities consistent with the provisions set forth in this Note Verbal. The pilot program of the IAP is intended to last for a period of one hundred and eighty (180) days from the day when the IAP officers start their work aforementioned in paragraph 1 above. (2) If both governments intend to extend the pilot program of the IAP beyond the period of one hundred and eighty days, both governments are expected to initiate a subsequent exchange of diplomatic notes before the initial period expires. Either government may suspend or terminate the pilot program of the IAP by informing the other of its intention via diplomatic note. Either party, in terminating its cooperation, should provide at least thirty (30) days prior written notification. ¶6. Bearing of the expenses All US expenses for IAP costs of operation by the US in Japan are to be paid by the Department of Homeland Security as separately prescribed in the Memorandum of Operations. ¶7. Others (1) If either government seeks to modify the above-described arrangements, both governments are expected to consult with each other through the diplomatic channel beforehand. (2) The relevant authorities of both governments are expected to closely cooperate and consult with each other, as necessary, on any IAP subjects, which are not addressed in this Note Verbale. (3) Should the Government of Japan seek to send relevant government officials to airports in the United States of America, the Government of the United States intends to work with relevant authorities at U.S. airport(s) which are mutually identified, to determine the feasibility and details of stationing such Japanese officials on a pilot basis at such U.S. airport(s),with the aim of securing implementation of such program consistent with the terms of this arrangement. (4) This Note Verbale does not create rights and obligations binding under international law, nor does it create or confer any right or benefit on any person or party, private or public. (5) This Note Verbale and the US replying Note Verbale are considered to be a sensitive communication between the two governments and are not intended to be disclosed to the public except as may be required by law and with consultation by both governments. The modalities of the publicity on the implementation of the pilot project of the IAP are expected to be the subject of consultations between both governments. End text of note verbale ¶5. (SBU) Text of MOO with the National Police Agency Begin text United States Customs and Border Protection, Department of TOKYO 00004970 004 OF 005 Homeland Security (hereinafter referred to as "CBP") and the Security Bureau, National Police Agency of Japan intend to implement the following operations concerning the Immigration Advisory Program (hereinafter referred to as the "IAP") which is operated at the Narita International Airport (hereinafter referred to as the "Narita Airport") in the context of the arrangements described in the exchange of diplomatic notes dated, XXX, XXX, 2006, and XXX 2006, respectively: ¶1. In the instance where an intended passenger who is booked on a flight to the United States from Narita Airport is suspected of being a terrorist or serious criminal, the IAP Officers and the Department of Homeland Security Officers are to inform Chiba Prefectural Police and /or National Police Agency of Japan of all relevant information regarding that passenger (e.g. the name, the passport number, the reason(s) why the above mentioned passenger is suspected, etc.) as soon as possible, and to the extent practicable and authorized by law. ¶2. The IAP officers and/or the Department of Homeland Security Officers should provide the above information in writing upon request of Chiba Prefectural Police and/or the Security Bureau, National Police Agency of Japan, to the extent practicable and authorized by law. Security Bureau Customs and Border Protection National Police Agency Department of Homeland Security Japan United States of America End text of MOO with NPA ¶6. (SBU) Text of MOO with the Ministry of Justice Begin text United States Customs and Border Protection, Department of Homeland Security (hereinafter referred to as "CBP") and the Immigration Bureau, Ministry of Justice of Japan intend to implement the following operations concerning the Immigration Advisory Program (hereinafter referred to as the "IAP") which is operated at the Narita International Airport (hereinafter referred to as the "Narita Airport") in the context of the arrangements described in the exchange of diplomatic notes dated XXX, XXX, 2006, and XXX 2006, respectively: ¶1. CBP intends to inform Narita Airport District Immigration Office (hereinafter referred to as the "Narita Immigration Office"),Tokyo Regional Immigration Bureau, in advance of the number, names, posts, the name of the supervisor, and mobile and fixed telephone numbers of officials who are dispatched to Narita Airport for IAP and to update that information, as necessary to reflect any changes thereto. ¶2. Narita Immigration Office intends to pass the information above to Chiba Prefectural Police and the Narita International Airport Corporation Security Department (NAA) when informed by CBP Officials. ¶3. In the instance where an intended passenger who is booked on a flight to the United States from Narita Airport is suspected of being a terrorist, serious criminal, or otherwise inadmissible to the United States, the IAP Officers and the Department of Homeland Security Officers should inform the Narita Immigration Office of all relevant information regarding that passenger as soon as possible, to the extent practicable and authorized by law. ¶4. In the instance where the IAP Officers advise an air carrier that a passenger may not meet admission requirements for the United States and the air carrier makes a final decision that the passenger will not be permitted to board the flight, the IAP Officers should inform the Narita Immigration Office of all relevant information on that passenger, to the extent practicable and authorized by law. TOKYO 00004970 005 OF 005 Immigration Bureau Customs and Border Protection Ministry of Justice Department of Homeland Security Japan United States of America End text of MOO with MOJ ¶7. (SBU) Text of MOO with the Ministry of Land, Infrastructure and Transport Begin text United States Customs and Border Protection, Department of Homeland Security (hereinafter referred to as "CBP") and the Japanese Civil Aviation Bureau (JCAB),Ministry of Land, Infrastructure and Transport intend to implement the following operations concerning the Immigration Advisory Program (hereinafter referred to as the "IAP") which is operated at Narita International Airport (hereinafter referred to as "Narita Airport") in the context of the arrangements described in the exchange of diplomatic notes dated XXX, XXX, 2006, and XXX 2006, respectively: ¶1. CBP intends to apply to the relevant authorities, including Japan Customs at Narita Airport and the Narita Airport Authority (NAA),and to obtain all necessary airport entry permits, to include access to passenger terminal airside areas; passenger boarding gate areas; and international transit areas, before start of operations by IAP officers. ¶2. IAP officers are to comply with all rules and regulations provided by Japanese authorities regarding security during IAP operations at Narita Airport. ¶3. All U.S. expenses for IAP costs of operation by the U.S. in Japan, including office space and other related utility services provided by NAA, are to be paid by the Department of Homeland Security. U.S. Customs and Border Protection, Department of Homeland Security United States of America Narita International Airport Division, Japanese Civil Aviation Bureau Ministry of Land, Infrastructure and Transport Japan Aviation Security Office, Japanese Civil Aviation Bureau Ministry of Land, Infrastructure and Transport Japan End text of MOO with MLIT DONOVAN