BILATERAL CONSULAR WORKING GROUP DISCUSSES VISA

UNCLAS SECTION 01 OF 02 BRATISLAVA 000524

SIPDIS

DEPT FOR: CA/VO

SIPDIS

E.O. 12958: N/A
TAGS: CVIS CMGT CASC PREL LO
SUBJECT: BILATERAL CONSULAR WORKING GROUP DISCUSSES VISA
WAIVER PROGRAM ROADMAP

REF: A. 06 BRATISLAVA 794


1. SUMMARY: On September 11, Ambassador, DHS DAS for Policy
Development Nathan Sales, Director for the Visa Waiver Program
Office Daniel Sullivan, and Embassy officers met with
representatives of the GOS to discuss the visa waiver program in
light of the recent 9/11 legislation. Discussions included a direct
meeting with Interior Minister Kalinak followed by the broader
Bi-Lateral Consular Working Group. Discussions were seen as positive
and solution-oriented. The most controversial topic was the proposed
exchange of passenger name record data for passengers not traveling
to the US, which GOS feels may be in violation of the EU data
privacy directive. Overall, GOS presented a strong picture of its
national security efforts, many in preparation for entry into the
Schengen zone, which position them well to fulfill VWP criteria. END
SUMMARY.


2. MOI Kalinak discussed the stable nature of Slovakia, the lack of
terrorist group activity within the country and the very strict
Slovak asylum laws. He stressed that the GOS has been focused
heavily on security improvements for Slovakia's expected entry in
Dec 07 into the Schengen zone. These include scanning systems that
allow full inspection of truck containers within 40 seconds to
identify human forms, as well as systems on the border with the
Ukraine designed to indicate humans, but prevent false positive
reactions to large animals. DHS Sales and Sullivan lauded measures
and expressed appreciation for the Interior Ministry's political
will to meet VWP requirements.


3. After meeting the Minister, Ambassador Vallee, Sales and
Sullivan, joined conoffs and poloff at the MFA for the Bi-lateral
Consular Working Group Meeting, chaired by State Secretary (Deputy
Minister) Diana Strofova. Also present were representatives from
the Slovak MOJ and MOI. Stofova stressed throughout the meeting the
GOS desire to work with the United States to gain entry to the VWP
and therefore improve relations between the two countries. DAS
Sales presented, in detailed form, the seven security requirements
for designation of new countries to the VWP.


4. In a number of areas, the GOS provided evidence that Slovakia is
already in compliance with the requirement. The GOS already
publishes a database with the numbers of lost and stolen passports
(including personalized passports) on a publicly accessible website.
Slovak e-passports with one biometric feature (digital face map)
will be issued as of Dec 15, 2007. GOS is awaiting technical
specifications from the EU before adding the fingerprint biometric
information, but the systems are in place to do so. Slovakia already
currently accepts its citizens for repatriation from abroad. (On the
point of repatriation, Sales stated that despite the 9/11
legislation wording, countries will not be expected to take back
former citizens.) Despite currently having no direct flights to the
US, GOS highlighted that all its major airports (Bratislava, Poprad
and Kosice) recently passed security evaluations for inclusion in
Schengen without problems. In addition, the police force has
experience in the past executing air marshal work, and the GOS
clearly signaled that incorporation of an American air marshal
program should pose little difficulty.


5. The most discussion and potential obstacles surrounded the topic
of information exchange. The initial sharing of watch list and
other criminal activity information was generally accepted with a
few questions on actual implementation. However, once the talks
moved to the discussion of PNR, especially the sharing of
information on passengers not traveling to the US, a representative
from the MOJ stated that she felt fulfillment of this requirement
may be in direct conflict with the EU directive on data privacy.
When asked directly if non-fulfillment of this requirement would
prevent a country from entering the VWP, DAS Sales declined to state
so definitively.


6. At the conclusion of the general VWP discussions, Ambassador
Vallee addressed the issue of the refusal rate waiver, communicating
that the rate continues to fall (FY2006 was16% and FY2007 to Sept
7th is 12.1%). He stressed that the government must continue to
promote economic opportunities for its citizens at home.


7. Conoff and MFA/MOJ officials then continued with non-VWP
discussions (septel) while Ambassador and DHS representatives joined
Strofova for a luncheon. Sullivan expressed his strong praise for
the national security actions in place or in process in Slovakia,
stating that "they should be proud of the work they have done" and
that this work will provide a strong basis on which to build towards
entry into VWP.


8. As the next step, DHS is expecting a formal GOS response to the
security requirements presented to determine areas of focus for
cooperation and assistance.


BRATISLAVA 00000524 002 OF 002



9. DHS has not cleared this cable.


10. COMMENT: DHS representatives expressed their very positive
impressions to post about the tone/current activities of the GOS.
Given the timeframe that DHS indicated to create an ETA system (9 -
12 months),Post will actively support the GOS in its efforts to
meet VWP requirements. Post will also continue to stress to the GOS
that they should carry out a public relations campaign to encourage
their citizens not to overstay visas. Post welcomes any additional
information from VO or DHS regarding a model bi-lateral Memorandum
of Understanding regarding VWP requirements. END COMMENT.

VALLEE