NO-FLY WAIVER OR FEDERAL ESCORT REQUESTED FOR AMIR

S E C R E T ADDIS ABABA 000979 SIPDIS NOFORN SIPDIS STATE FOR EB/TRA/OTP, S/CT, CA/OCS MICHELLE BERNIER TOTH, JACK MARKEY, STEVE DONLON, AF E.O. 12958: DECL: 04/01/2017 TAGS: CASC EAIR PTER KHLS ET SUBJECT: NO-FLY WAIVER OR FEDERAL ESCORT REQUESTED FOR AMIR MESHAL REF: A. CA/OCS NO FLY SOP 12/2005 ¶B. ADDIS 000973 Classified By: Consular chief Dan Gershator, for reasons 1.4 (c&d). ¶1. (C) Per CA/OCS SOP ref A and 7 FAM 194.4, Post requests a high level review of the no fly case of American citizen Amir Meshal. ¶2. (S/NF) American citizen Amir Meshal was captured by Kenyan authorities leaving Somalia following the Ethiopian military action against the Islamic Court government. He was subsequently transfered to Ethiopian custody and has been debriefed by Legatt. Mr. Meshal is suspected of being a foreign fighter with links to Al Quaeda. However, Post was notified that the Department of Justice will not seek to prosecute Mr. Meshal at this time. Post has also been informed that Amir Meshal has been placed on the No-Fly list (NFL). He is the subject of significant Congressional and media interest. ¶3. (S/NF) The Ethiopian National Intelligence and Security Service has indicated that if Post provides a diplomatic note requesting Mr. Meshal's release, they will accede to that request immediately. However, it is likely that they will insist he be escorted from their custody to an air carrier. Thus, land or sea options may not be available. A/Legatt at Post does not/not recommend that a no-fly waiver be applied in this case based on debriefings conducted with Mr. Meshal. Post strongly concurs with this recommendation. ¶4. (C) However, pursuant to 7 FAM 194.4, Post seeks an interagency solution and review of Meshal's NFL status. Absent a waiver, the major carriers servicing Ethiopia (KLM, British Airways,Lufthansa and Ethiopian Airlines) will not board Mr. Meshal. Ethiopian Airlines is the only carrier with a direct (via Rome) flight to Washington, D.C. Alternative flights to Mexico or Canada, would require transit through Europe and boarding privileges by the European carriers. ¶5. (C) Mr. Meshal has expressed a wish to return to his family in New Jersey and, as he is destitute, he has signed a request for loan assistance. Post believes his family has the funds to purchase a ticket for his return on a commercial carrier. Post envisions three possible options for his return: that he be granted a one time no fly waiver, that he be escorted on a commercial carrier by Federal marshalls, or that he be escorted on a military aircraft to the United States. Post strongly recommends that Mr. Meshal be provided an escort to return to the United States. ¶6. (C) Post intends to produce an emergency passport for Mr. Meshal, but also needs to confirm a travel itinerary so that Mr. Meshal's parents can provide funds for Mr. Meshal to return to New Jersey. Mr. Meshal will not be released by the Ethiopians until a transportation solution is identified. ¶7. (C) Action request: Post requests high level review on how to best return Mr. Meshal to the United States. YAMAMOTO