GERMANY AGREES TO CBP IMMIGRATION ADVISORY PROGRAM

UNCLAS SECTION 01 OF 03 BERLIN 000768

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TAGS: EAIR KHLS AMGT APER PTER CVIS ECON PREL CMGT
GM
SUBJECT: GERMANY AGREES TO CBP IMMIGRATION ADVISORY PROGRAM
FOR FRANKFURT

REF: STATE 26738

BERLIN 00000768 001.2 OF 003



1. (SBU) Summary. German Interior Ministry Director for Air,
Sea, and Rail Security Dieter Romann told CBP Representative
(Frankfurt) and Global Affairs Officer March 29 that Germany
agrees to the U.S. proposal to post four CBP officers at
Frankfurt Airport as part of the Immigration Advisory Program
(IAP). He believed the program could be implemented in 30-60
days and undertook to notify appropriate German agencies
(MFA, Federal Police). Romann stressed the need for the IAP
to work closely with the Federal Police (Bundespolizei and
previously called the Border Police or Grenzschutz) in charge
of immigration at the airport. Romann raised several issues
he hopes can be addressed before launching IAP at Frankfurt,
including: (1) the disposition of checked luggage in the case
of a "no board" recommendation, (2) the establishment of an
agreed procedure in the case of complaints about the program,
and (3) a decision on whether the U.S. will respond to the
2004 German proposal for a bilateral Trusted Traveler
program. Mission Germany notes several issues concerning
office space, ICASS, and security will need to be addressed
in order to implement the program. End Summary.
MEETING WITH MOI
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2. (SBU) In the meeting, Romann stressed German priorities
for close CBP-Federal Police cooperation, including informing
the Federal Police of any "hits" so that the Federal Police
might revisit their immigration-related decisions if
necessary. He also wanted to be sure IAP will act only in
advisory capacity and would cover all U.S.-bound flights out
of Frankfurt, not just German and/or U.S. airlines. Romann
offered to contact Frankfurt airport to encourage that IAP
CBP officers be provided office space near the Federal
Police. He verified the IAP officers would be accredited to
Consulate General Frankfurt and undertook to inform the MFA
on this point. (He reported April 2 he had done so). He said
in principle the Federal Police want to establish informal
cooperative liaison, so that it might be possible, at the
Federal Police's request, to run the name of a passenger
not/not bound for the U.S. by the IAP CBP officers. He noted
he had contacted his counterparts in other EU capitals and
had been told the USG sometimes allows entry of an alien even
if s/he is a no-fly or other "hit." For this reason, Romann
said, he wants to establish in advance agreed procedures for
handling such cases, especially those that could become known
in the press.

3. (U) CBP Representative mentioned the APEC Regional
Movement Alert System and urged Romann that Germany consider
joining it at the appropriate time.
MEETING WITH FRANKFURT AIRPORT, CARRIERS
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4. (SBU) ConGenOff and CBP Representative also discussed IAP
with Frankfurt Airport (Fraport) and carrier interlocutors
March 15. Volker Wendefeuer, Fraport Senior Vice President
and head of aviation operations, noted some negative
perceptions by the German traveling public of U.S.
port-of-entry personnel/procedures. Wendefeuer noted
construction at the airport -- some of it mandated by
changing U.S. and European security procedures -- and
indicated the airport might help locate office space in the
terminal but would first need to know any particular
requirements. (The rate for office space at Fraport is about
35 euros per square meter, per month). American Airlines

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General Manager Janis Cameron-Scott, chair of the
organization of carriers operating in Frankfurt, said
carriers would support IAP to help avoid ambiguity and
potential fines for transporting inadmissible passengers.
Cameron-Scott also cautioned that German authorities are
sensitive to any implication that USG personnel are
interfering or duplicating German efforts. She hopes
carriers will have after-hours access to advice from IAP
personnel. Wendefeuer and Cameron-Scott provided ConGenOff
and CBP Representative a tour of sample office space (a 20-30
square meter office which could fit two workstations). (CBP
Comment: The space we were shown appeared adequate for IAP
needs. End Comment.) Under ICAO rules, the airport is
obligated to charge users in non-discriminatory fashion for
services rendered.
ICASS
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5. (U) Mission Germany does not see any insurmountable
administrative impediments to the IAP, with the following
caveats.
-- ICASS Budget: Recent decisions at the Washington level to
cap Mission Germany's base ICASS budget without reference to
documented operational requirements would appear to restrict
the Mission's ability to adjust the budget upward (per
routine ICASS policy) to meet the support requirements of
agencies with a growing presence in Germany. Should this cap
on funding not allow for the normal growth in the ICASS
budget that should accompany increased overseas presence,
Mission Germany will be unable to approve NSDD-38 requests
for added staff.
-- Accreditation: The German MFA will need to agree to
accredit these new positions. The Mission expects we will
want to declare to the MFA that the IAP staff are members of
the Consulate staff with offices there. This declaration may
help avoid controversy about staff being stationed outside
the city, something which may spark German objections to
accreditation. Office space at Frankfurt airport, if any,
would be seen as supplementary office space.
-- Office space: USG-leased office space will need to meet
security requirements (see below) and may raise the potential
issue of how the German government would treat this space,
i.e., as diplomatic in nature or not.
-- Per Mission Germany's ICASS TDY policy, DHS/CBP will be
charged for support to any TDY personnel sent for more than
30 days if the cost exceeds $2,500. The contemplated
six-month TDY would trigger such a payment. The Financial
Management Office will prepare an ICASS TDY invoice which
would include charges for Basic Package, Community Liaison
Office, and Health Unit support. DHS/CBP would be charged
routinely (based on workload counts) for other desired ICASS
services (such as cashiering or additional office space at
the Consulate).
-- An NSDD-38 request is required to establish new positions.
-- ConGen Frankfurt likely will not have government-owned
housing to accommodate IAP staff and families. DHS/CBP
should budget for short-term lease money in the event it is
necessary to obtain short term leased housing.
SECURITY
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6. (SBU) RSO observes that given the close proximity of
Frankfurt Airport to the Consulate General, a collocation
waiver to the Secure Embassy Construction and
Counterterrorism Act (SECCA) of 1999 may be required, with

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the approval of the Assistant Secretary for Diplomatic
Security. Such a waiver will be unsuccessful without a safe
and secure office site for the IAP employees. The NSDD-38
needs to state that these off-compound offices are contingent
on the collocation waiver approval. There may also be
security enhancement costs for this initiative.
P AND I: CONTAINER SECURITY INITIATIVE (CSI) EXPERIENCE
--------------

7. (SBU) Concerning the issue of Privileges and Immunities,
ICE Representative in Frankfurt notes that CSI staff on TDY
status do not hold accreditation, only personnel assigned
permanently to Hamburg do. The initial difficulty obtaining
accreditations for the CSI employees was due to their working
outside of Consulate General Hamburg. The German government
(along with the governments of the UK, France, and Italy) was
hesitant to grant privileges and immunities to personnel
working at a distance from the consulate or embassy. (Please
note that Washington employs the same rules on accreditation
encountered by CSI employees). The Embassy will request P
and I for the new positions at the airport since they should
be within the Consulate limits. The TDY employees will
travel on official passports, receive a German visa in
Washington before their travel, and update it in Germany as
necessary. They will not exceed one year in TDY status and
are unaccompanied -- although family members do visit. DHS
will be assessed ICASS support for the long duration TDY
personnel.
TIMKEN JR