FRENCH SUPPORT FOR THE TERROR FINANCE TRACKING PROGRAM

C O N F I D E N T I A L PARIS 000408

SIPDIS

SIPDIS

STATE FOR EUR/WE; EB/ESC/TFS
Treasury for Michael Jacobson and Jim Freis

E.O. 12958: DECL: 1/31/2017
TAGS: EFIN PTER ECON FR
SUBJECT: FRENCH SUPPORT FOR THE TERROR FINANCE TRACKING PROGRAM

REF: A) STATE 194473

B) 06 Paris 7902

Classified by ECON M/C Thomas J. White for reasons 1.4 b and d.


1. (C) France's Interior Minister, Nicolas Sarkozy, replied to
the Ambassador's letter encouraging continued support for the
Terrorist Finance Tracking Program (TFTP, per reftels) on
January 16. Sarkozy underscored the need to balance terrorism
concerns with privacy concerns, and that the program could lead
to new levels of cooperation in the fight against terrorism. He
also confirmed that France views the issue as one to be resolved
at the EU level.


2. (U) Informal translation of the letter follows:

I received your letter of December 7 in which you drew my
attention to the report of November 22 of the Article 29 Working
Group, concerning the treatment of persona data by SWIFT. Thank
you for the precisions concerning the point of view of the
American authorities concerning this sensitive dossier.

In effect, it had not escaped my notice that certain recent
revelations and the report of November 22 had raised questions
from several EU member states, concerned by the risk of
violating individual rights and using this program for other
uses besides the fight against the financing of terrorism. The
report underscores that the absence of a legal basis and
independent supervision represents a serious gap to the
provisions of the European directive of October 24, 1995 on the
protection of personal data.

You correctly evoke the important role in the fight against
terrorism played by the Terrorist Finance Tracking Program. I
am pleased by the results obtained. I also take good note of
the efforts of SWIFT to act in better conformity with the
European directive for the protection of personal data.

In the fight against terrorism, we should strive to preserve the
delicate balance between considerations tied to privacy and to
the public's rights, and those tied to national security and
public safety.

The European Commission is currently studying this question,
mainly from the legal angle. Mr. Franco Frattini, Vice
President of the EC, wishes a solution to this affair at the EU
level, and I am happy that discussions have been able to be
started between the American and European authorities which
should result in an agreement improving the cooperation against
terrorist activities while respecting the right to the
protection of private banking data. I am convinced that these
exchanges will permit us to reach a new level in the fight
against terrorism, a key element in the future for Europe as it
is for the United States.
/signed/ Nicolas SARKOZY.

Please visit Paris' Classified Website at:
http://www.state.sgov.gov/p/eur/paris/index.c fm

STAPLETON#