RE: REQUEST FOR INFORMATION ON HOST GOVERNMENT

C O N F I D E N T I A L SECTION 01 OF 07 MEXICO 006009 SIPDIS SENSITIVE SIPDIS STATE FOR S/CT KEN MCKUNE; NCTC; DHS E.O. 12958: DECL: 12/03/2017 TAGS: ASEC CVIS ECON KVPR MX PGOV PINR PREL PTER SUBJECT: RE: REQUEST FOR INFORMATION ON HOST GOVERNMENT PRACTICES - INFORMATION COLLECTION, SCREENING AND SHARING REF: SECSTATE 133921 Classified By: Charles Barclay, Political Counselor for reasons 1.4(b) and (d) ¶1. (C) Below please find Post's responses regarding host government's policies toward and capabilities for collection of biographic and biometric data for terrorist screening purposes. The resonses are keyed to the questions per reftel. ¶A. Watchlisting: -- If host government maintains a "watchlist," how many records does the watchlist contain, and how many are terrorist-related? MEXICO RETAINS A WATCHLIST MAY CONTAIN AS MANY AS 70,000 NAMES -- IT IS UNKNOWN HOW MANY ARE TERRORIST-RELATED -- Which ministry or office maintains the watchlist? MEXICO'S SECRETARIAT OF THE TREASURY AND PUBLIC CREDIT (SHCP) KEEPS A DOMESTIC-BASED WATCHLIST SYSTEM. ¶B. Traveler Information Collection: -- What are the country's policies (legislation, mandates, etc.) on collecting information from travelers arriving in the country? THE MEXICAN NATIONAL IMMIGRATION INSTITUTE (INM) COLLECTS TRAVELER INFORMATION FROM TRAVELERS ARRIVING IN THE COUNTRY VIA AIR. ON ARRIVAL AT MAJOR AIRPORTS, INM SCANS INFORMATION FROM PASSPORTS AND COLLECTS DATA ON AIRLINE, FLIGHT NUMBERS, DATES OF ENTRY AND EXIT, DATE OF BIRTH, LAST NAME, TYPE OF TRAVEL DOCUMENT PRESENTED, PASSPORT NUMBER, AND COUNTRY OF ORIGIN. -- Are there different policies for air, sea, and land entry and for domestic flights? TRAVELERS ENTERING BY LAND OR SEA ARE NOT REGULARLY SCREENED AND ARE FREQUENTLY "WAIVED THROUGH" WITH NO ENTRY OF DATA ELECTRONICALLY. -- Who collects traveler information? THE MEXICAN NATIONAL IMMIGRATION INSTITUTE (INM). -- What are the policies of the collecting agency to share that information with foreign governments? INFORMATION SHARING MEMORANDA OF AGREEMENT ARE IN PLACE BETWEEN THE GOM AND U.S. CUSTOMS AND BORDER PROTECTION (CBP). -- Does the host government collect Passenger Name Record (PNR) data on incoming commercial flights or vessels? Is this data used for intelligence or law enforcement purposes to screen travelers? Does host government have any existing treaties to share PNR data? NO, MEXICO DOES NOT COLLECT PNR DATA ON INCOMING COMMERCIAL FLIGHTS OR VESSELS. -- If applicable, have advance passenger information systems (APIS),interactive advanced passenger information systems (IAPIS),or electronic travel authority systems been effective at detecting other national security threats, such as wanted criminals? THE ADVANCE PASSENGER INFORMATION SYSTEM (APIS) HAS WORKED WELL IN MEXICO 00006009 002 OF 007 MEXICO TO DETECT POTENTIAL SECURITY THREATS WITH TERRORIST CONNECTIONS. ¶C. Border Control and Screening: -- Does the host government employ software to screen travelers of security interest? NATIONAL IMMIGRATION INSTITUTE (INM) OFFICIALS AT THE POINTS OF ENTRY ARE IN CHARGE OF QUESTIONING AND DENYING ENTRY INTO MEXICO. SOFTWARE SYSTEMS ARE EMPLOYED TO SCREEN AIR TRAVELERS OF SECURITY INTEREST. -- Are all travelers tracked electronically, or only non-host- country nationals? What is the frequency of travelers being "waived through" because they hold up what appears to be an appropriate document, but whose information is not actually recorded electronically? What is the estimated percentage of non-recorded crossings, entries and exits? GOM TRACKS ALL INTERNATIONAL AIR TRAVELERS ELECTRONICALLY, BUT NOT DOMESTIC AIR TRAVELERS. AIR TRAVELERS ARE TRACKED ELECTRONICALLY ONLY ON ENTRY INTO THE COUNTRY, BUT TRAVEL DOCUMENTS ARE GENERALLY NOT VALIDATED ON EXIT. AS OPPOSED TO AIR TRAVEL, TRAVELERS ENTERING BY LAND OR SEA ARE NOT ACTUALLY SCREENED NOR RECORDED ELECTRONICALLY AND ARE FREQUENTLY "WAIVED THROUGH." THE PERCENTAGE OF NON-RECORDED CROSSINGS, ENTRIES AND EXITS IS NOT KNOWN. -- Do host government border control officials have the authority to use other criminal data when making decisions on who can enter the country? If so, please describe this authority (legislation, mandates, etc). GOM IMMIGRATION REGULATIONS GIVE THE NATIONAL IMMIGRATION INSTITUTE INM CONSIDERABLE LEGAL AUTHORITY TO DETAIN OR DENY ENTRY TO ARRIVING VISITORS. -- What are the host government's policies on questioning, detaining and denying entry to individuals presenting themselves at a point of entry into the country? Which agency would question, detain, or deny entry? GOM IMMIGRATION REGULATIONS GIVE THE NATIONAL IMMIGRATION INSTITUTE INM CONSIDERABLE LEGAL AUTHORITY TO DETAIN OR DENY ENTRY TO ARRIVING VISITORS, BUT ONLY FOR A SHORT PERIOD OF TIME. PROLONGED DETENTIONS NEED TO BE LEGALLY JUSTIFIED TO AVOID HUMAN/CIVIL RIGHTS ACCUSATIONS. IF AN INDIVIDUAL IS DETAINED AT AN AIRPORT AND FOUND TO BE CARRYING FALSE IDENTIFICATION, THAT INDIVIDUAL MAY BE DENIED ENTRY AND RETURNED TO THE PREVIOUS POINT OF DEPARTURE. THIS APPEARS TO BE THE CASE ONLY WHEN THE AIRLINE IS RESPONSIBLE FOR THE RETURN FLIGHT OF THE INDIVIDUAL. UNDER MOST CIRCUMSTANCES, THE INDIVIDUAL WILL BE MOVED TO A DETENTION FACILITY WHERE THEY MAY BE DETAINED FOR UP TO 90 DAYS. UPON RELEASE, THE INDIVIDUAL IS GENERALLY GIVEN A 10 TO 15 DAY EXIT PASS TO LEAVE THE COUNTRY. -- How well does information sharing function within the host government, e.g., if there is a determination that someone with a valid host-government visa is later identified with terrorism, how is this communicated and resolved internally? GOM HAS INTERNAL PROTOCOLS IN PLACE TO DEAL WITH PERSONS OF INTEREST. IF AN INDIVIDUAL IS DETERMINED TO HAVE A TERRORISM NEXUS, MEXICO'S CENTER FOR INVESTIGATION AND NATIONAL SECURITY (CISEN) IS THE ENTITY RESPONSIBLE FOR TAKING ACTION AND LIAISES WITH OPAD. ALL ISSUES OF MALA FIDE TRAVELERS ARE HANDLED BY THE NATIONAL IMMIGRATION INSTITUTE (INM),LIAISING WITH U.S. CUSTOMS AND BORDER PATROL (CBP). MEXICO 00006009 003 OF 007 ¶D. Biometric Collection: -- Are biometric systems integrated for all active POEs? What are the systems and models used? THERE IS NO DIGITAL BIOMETRIC COLLECTION FOR MOST TRAVELERS. DOCUMENTS, NOT BIOMETRICS, ARE CHECKED FOR AUTHENTICITY. THERE IS NO NATIONWIDE FINGERPRINT DATABASE OR SYSTEM. -- Are all passengers screened for the biometric or does the host government target a specific population for collection (i.e. host country nationals)? Do the biometric collection systems look for a one to one comparison (ensure the biometric presented matches the one stored on the e-Passport) or one to many comparison (checking the biometric presented against a database of known biometrics)? THE NATIONAL IMMIGRATION INSTITUTE (INM) COLLECTS FINGERPRINTS OF FOREIGN TRAVELERS OF INTEREST THAT HAVE BEEN DETAINED FOR ILLEGAL ENTRY INTO MEXICO. THESE FINGERPRINTS ARE MAINLY MANUAL AND INK BASED, BUT SOME ELECTRONIC SYSTEMS DO EXIST AT THE MAIN POINTS OF ENTRY AND AT THE MAIN DETENTION FACILITY AT VERGEL. BOTH INM AND THE CENTER FOR INVESTIGATION AND NATIONAL SECURITY (CISEN) MAINTAIN FINGERPRINT SYSTEMS, BUT DO NOT NORMALLY EXCHANGE INFORMATION. -- If biometric systems are in place, does the host government know of any countermeasures that have been used or attempted to defeat biometric checkpoints? NOT APPLICABLE. -- What are the host government's policies on collecting the fingerprints of travelers coming into the country? THIS IS ONLY DONE WHEN THE PERSON IS ARRESTED BY THE NATIONAL IMMIGRATION INSTITUTE (INM). -- Which agency is responsible for the host government's fingerprint system? OFFICIALLY, THE NATIONAL IMMIGRATION INSTITUTE (INM) IS RESPONSIBLE FOR FINGERPRINTING TRAVELERS. CISEN, HOWEVER, ALSO HAS ITS OWN FINGERPRINTING SYSTEM. -- Are the fingerprint programs in place NIST, INT-I, EFTS, UK1 or RTID compliant? NOT APPLICABLE. -- Are the fingerprints collected as flats or rolled? Which agency collects the fingerprints? FINGERPRINTING IN MEXICO IS MOSTLY MANUAL. OTHER PRINT TECHNOLOGIES HAVE NOT PROLIFERATED THROUGHOUT MEXICO. ¶E. Passports: -- If the host government issues a machine-readable passport containing biometric information, does the host government share the public key required to read the biometric information with any other governments? If so, which governments? MEXICAN MACHINE READABLE PASSPORTS CONTAIN NO BIOMETRIC INFORMATION, ONLY THE BEARER'S SIGNATURE AND IMAGE. -- Does the host government issue replacement passports for full or limited validity (e.g. the time remaining on the original passports, fixed validity for a replacement, etc.)? REPLACEMENT PASSPORTS ARE ISSUED FOR FULL VALIDITY, ALTHOUGH THOSE APPLYING FOR PASSPORTS MAY CHOOSE TO PAY GRADUATED FEES MEXICO 00006009 004 OF 007 FOR VALIDITY PERIODS OF ONE, THREE OR FIVE YEARS. -- Does the host government have special regulations/procedures for dealing with "habitual" losers of passports or bearers who have reported their passports stolen multiple times? THERE DO NOT APPEAR TO BE ANY SPECIAL REGULATIONS OR PROCEDURES AT PRESENT IN MEXICO FOR DEALING WITH "HABITUAL" PASSPORT LOSERS. -- Are replacement passports of the same or different appearance and page length as regular passports (do they have something along the lines of our emergency partial duration passports)? NO, REPLACEMENT PASSPORTS ARE IDENTICAL TO STANDARD PASSPORTS. -- Do emergency replacement passports contain the same or fewer biometric fields as regular-issue passports? NOT APPLICABLE -- Where applicable, has Post noticed any increase in the number of replacement or "clean" (i.e. no evidence of prior travel) passports used to apply for U.S. visas? POST HAS NOT OBSERVED A NOTICEABLE INCREASE IN THE NUMBER OF REPLACEMENT PASSPORTS USED TO APPLY FOR U.S. VISAS. -- Are replacement passports assigned a characteristic number series or otherwise identified? NO. ¶F. Fraud Detection - How robust is fraud detection and how actively are instances of fraud involving documents followed up? MEXICAN FRAUD PREVENTION EFFORTS AT POINTS OF ENTRY ARE BELIEVED TO BE INCONSISTENT AND NOT TERRIBLY EFFECTIVE. MANY SPECIAL INTEREST ALIENS USE FRAUDULENT PASSPORTS FROM THIRD PARTY COUNTRIES. AMEMBASSY MEXICO CITY'S FRAUD PREVENTION UNIT HAS BEEN ACTIVE IN TRAINING AIRPORT CUSTOMS OFFICIALS IN MEXICO IN FRAUD DETECTION TECHNIQUES. -- How are potentially fraudulently issued documents taken out of circulation, or made harder to use? THESE DOCUMENTS ARE CONFISCATED BY THE NATIONAL IMMIGRATION INSTITUTE (INM) DURING DETENTION. THE LEGITIMACY OF BIRTH CERTIFICATES, VOTER IDENTIFICATION CARDS, OR PROFESSIONAL LICENSES (CEDULAS PROFESIONALES) MAY BE CHECKED THROUGH MEXICAN CIVIL REGISTRIES OR ONLINE DATA BASES. WHILE THE MEXICAN PASSPORT ITSELF IS VERY SECURE, FPU AMBEMBASSY MEXICO CITY HAS A NUMBER OF CONCERNS REGARDING THE SECURITY OF THE APPLICATION PROCESS ITSELF. MEXICAN PASSPORTS ARE ISSUED BY 113 LOCAL GOVERNMENTS, AND IN A NUMBER OF INSTANCES, NON-MEXICANS HAVE ACQUIRED VALID MEXICAN PASSPORTS WITH FALSE DOCUMENTATION. FPU MEXICO CITY IS WORKING WITH THE SECRETARIAT SIPDIS OF FOREIGN RELATIONS (SRE) TO ADDRESS THIS ISSUE AND TO ESTABLISH A FRAUD PREVENTION PROGRAM WITHIN SRE. ¶G. Privacy and Data Security -- What are the country's policies on records related to the questioning, detention or removal of individuals encountered at points of entry into the country? How are those records MEXICO 00006009 005 OF 007 stored, and for how long? MOST OF MEXICO'S ENTRY RECORDS HAVE BEEN RECENTLY COMPUTERIZED. IT IS NOT KNOWN HOW AND FOR HOW LONG HARD COPIES OF SUCH RECORDS ARE MAINTAINED. SUCH RECORDS ARE NOT AVAILABLE TO THE GENERAL PUBLIC. IT IS NOT KNOWN IF GOM HAS RESTRICTIONS ON THE COLLECTION OR USE OF SENSITIVE DATA, PUBLIC NOTICE REQUIREMENTS PRIOR TO IMPLEMENTING NEW DATABASES, SECURITY FEATURES ON GOVERNMENT COMPUTER SYSTEMS HOLDING PERSONAL INFORMATION, INDIVIDUAL RIGHTS TO ACCESS PERSONAL DATAM, OR WHETHER NON-CITIZENS HAVE THE RIGHT TO ACCESS SUCH DATA. -- What are the country's restrictions on the collection or use of sensitive data? NO SUCH RESTRICTIONS ARE KNOWN TO EXIST. -- What are the requirements to provide notice to the public on the implementation of new databases of records? NO SUCH REQUIREMENTS ARE KNOWN TO EXIST. -- Are there any laws relating to security features for government computer systems that hold personally identifying information? NO SUCH LAWS ARE KNOWN TO EXIST. -- What are the rules on an individual's ability to access data that homeland security agencies hold about them? THERE ARE NO LAWS OR REGULATIONS IN MEXICO DETAILING AN INDIVIDUAL'S RIGHT TO ACCESS SUCH DATA. -- Are there different rules for raw data (name, date of birth, etc.) versus case files (for example, records about enforcement actions)? NOT KNOWN AT THIS TIME. -- Does a non-citizen/resident have the right to sue the government to obtain these types of data? NO. ¶H. Immigration Data Bases: -- What computerized immigration databases are used to track entries and exits? MEXICO'S MIGRATION OPERATION INTEGRAL SYSTEM (SIOM) IS A COMPUTERIZED IMMIGRATION DATABASE, FUNDED BY THE DEPARTMENT OF STATE'S NARCOTICS AND AFFAIRS SECTION (NAS) AND MANAGED BY THE NATIONAL IMMIGRATION INSTITUTE (INM). THIS DATABASE TRACKS ONLY ENTRIES, NOT EXITS. -- Is the immigration database available at all ports of entry (POEs)? YES. -- If immigration databases are available at some POEs, but not all, how does the host government decide which POEs will receive the tool? NOT APPLICABLE. -- What problems, if any, limit the effectiveness of the systems? For example, limited training, power brownouts, budgetary restraints, corruption, etc.? MEXICO 00006009 006 OF 007 SIOM'S FEATURES HAVE BEEN DEVELOPED SPORADICALLY OVER SEVERAL YEARS, WHICH HAS CAUSED A NUMBER OF PROBLEMS IN TERMS OF FUNCTIONALITY. -- How often are national immigration databases updated? SIOM IS UPDATED DAILY. ¶I. Watchlist and Information Sharing: -- Is there a name-based watchlist system used to screen travelers at POEs? YES. -- What domestic sources of information populate the name-based watchlist, i.e. names of deported persons, terrorist lookouts, criminal wants/warrants? MEXICO'S MIGRATION OPERATION INTEGRAL SYSTEM (SIOM) IS POPULATED WITH INFORMATION ON POTENTIAL TERRORISTS, INTERPOL WARRANTS, AND DOCUMENT FRAUD LOOKOUTS. -- What international watchlists do the host government use for screening individuals, e.g. Interpol or TSA No Fly lists, UN, etc.? TERRORIST IDENTITIES DATAMART ENVIRONMENT (TIDE),NO FLY, INTERPOL. -- What bilateral/multilateral watchlist agreements exist between host government and its neighbors? GOM SIGNED AN ADVANCE PASSENGER INFORMATION SYSTEM (APIS) AGREEMENT AFTER THE SEPTEMBER 11 TERRORIST ATTACKS. MEXICO'S CENTER FOR INVESTIGATION AND NATIONAL SECURITY (CISEN) RECEIVES TERRORISM SCREENING CENTER (TSC) BASED TEXT HITS ON THE FOREIGN TRAVEL OF TSC TARGETS. THESE HITS CONTAIN ONLY THE TRAVEL ITINERARY AND THE INDIVIDUAL'S NAME, PLACE AND DATE OF BIRTH. CISEN IS THEN REQUIRED TO CONTACT U.S. EMBASSY AGENCIES TO COORDINATE DESIRED ACTION. ¶J. Biometrics: -- Are biometric systems in place at ports of entry (air, land, sea)? If no, does host government have plans to install such a system? NO SUCH SYSTEMS CURRENTLY EXIST, BUT PLANS TO INSTALL THEM ARE BELIEVED TO EXIST. -- If biometric systems are available at some POEs, but not all, how does the host government decide which POEs will receive the tool? NOT APPLICABLE. -- What biometric technologies, if any, does the host government use, i.e. fingerprint identification, facial recognition, iris recognition, hand geometry, retinal identification, DNA-based identification, keystroke dynamics, gait analysis? Are the systems ICAO compliant? NOT APPLICABLE. -- Does the host government issue a machine-readable passport containing biometric information? If e-Passports are issued, what biometric information is included on the document, i.e. MEXICO 00006009 007 OF 007 fingerprint, iris, facial recognition, etc? If not, does host government plan to issue a biometric document in the future? When? GOM'S MACHINE READABLE PASSPORT DOES NOT CONTAIN BIOMETRIC INFORMATION. IT IS NOT KNOWN IF GOM PLANS TO ISSUE A BIOMETRIC DOCUMENT IN THE FUTURE. ¶K. Identifying Appropriate Partners: Department would appreciate post's assessment of whether host government would be an appropriate partner in data sharing. Considerations include whether host government watchlists may include political dissidents (as opposed or in addition to terrorists),and whether host governments would share or use U.S. watchlist data inappropriately, etc. -- Are there political realities which would preclude a country from entering into a formal data-sharing agreement with the U.S? GIVEN THE TUMULTUOUS HISTORY OF MEXICAN-U.S. RELATIONS, THERE IS A POLITICAL STIGMA THROUGHOUT MEXICO'S POLITICAL SYSTEM FOR APPEARING TO BE TOO CLOSE TO OR COOPERATIVE WITH THE U.S. HOWEVER, COOPERATION BETWEEN THE U.S. AND MEXICO HAS EXPANDED SIGNIFICANTLY UNDER THE CALDERON ADMINISTRATION AND COULD IMPROVE EVEN FURTHER WITH ADOPTION OF THE "MERIDA INITIATIVE" WHICH ENVISIONS EXPANDED U.S. COOPERATION WITH AND ASSISTANCE TO MEXICO TO STRENGTHEN EFFORTS TO COMBAT NARCOTICS TRAFFICKING. -- Is the host country's legal system sufficiently developed to adequately provide safeguards for the protection and nondisclosure of information? GOM DOES NOT MAINTAIN ADEQUATE LEGAL STANDARDS FOR OPEN SHARING OF INFORMATION COLLECTED USING U.S. WATCHLIST, DATA AND EQUIPMENT. -- How much information sharing does the host country do internally? Is there a single consolidated database, for example? If not, do different ministries share information amongst themselves? GOM DOES NOT MAINTAIN A CENTRAL CONSOLIDATED DATABASE OF WATCHLISTED INDIVIDUALS. SOME AGENCIES SUCH AS CISEN AND INM MANAGE THEIR OWN WATCHLISTS, BUT CONFLICT AMONG THE VARIOUS LAW ENFORCEMENT AND INTELLIGENCE AGENCIES LIMIT THE HOST GOVERNMENT'S CAPABILITIES TO SHARE INFORMATION INTERNALLY. MOST INFORMATION IS COMPARTMENTALIZED BY AGENCY. -- How does the country define terrorism? Are there legal statutes that do so? ARTICLE 139 OF THE FEDERAL PENAL CODE DEFINES TERRORISM AS THE USE OF EXPLOSIVES, TOXIC SUBSTANCES, FIREARMS, OR ARSON, FLOODING, OR ANY OTHER VIOLENT MEANS COMMITTED AGAINST PERSONS, THINGS, OR PUBLIC SERVICES THAT PRODUCE ALARM, FEAR, OR TERROR IN THE PUBLIC OR IN A GROUP OR SECTOR THEREIN, IN ORDER TO DISRUPT THE PUBLIC PEACE OR FOR THE PURPOSE OF UNDERMINING THE AUTHORITY OF THE STATE, OR TO PRESSURE SUCH AUTHORITY TO MAKE CERTAIN DECISIONS. Visit Mexico City's Classified Web Site at http://www.state.sgov.gov/p/wha/mexicocity and the North American Partnership Blog at http://www.intelink.gov/communities/state/nap / GARZA