Identifier
Created
Classification
Origin
08BISHKEK1026
2008-10-07 05:21:00
UNCLASSIFIED
Embassy Bishkek
Cable title:  

KYRGYZSTAN FRAUD SUMMARY MARCH - AUGUST 2008

Tags:  KFRD CVIS CPAS CMGT ASEC KG 
pdf how-to read a cable
VZCZCXRO9832
RR RUEHAST RUEHBI RUEHCI RUEHLH RUEHLN RUEHPW RUEHVK RUEHYG
DE RUEHEK #1026/01 2810521
ZNR UUUUU ZZH
R 070521Z OCT 08
FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC 1423
RUEHPNH/NVC PORTSMOUTH NH
INFO RUCNCIS/CIS COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHFT/AMCONSUL FRANKFURT 3800
UNCLAS SECTION 01 OF 03 BISHKEK 001026 

SIPDIS

DEPT FOR CA/FPP AND CA/VO;
DEPT PASS TO KCC
POSTS FOR FRAUD PREVENTION MANAGERS;
FRANKFURT FOR REGIONAL CONSULAR OFFICER

E.O. 12958: N/A
TAGS: KFRD CVIS CPAS CMGT ASEC KG

SUBJECT: KYRGYZSTAN FRAUD SUMMARY MARCH - AUGUST 2008

REF: A) State 74840
B) Bishkek 366

UNCLAS SECTION 01 OF 03 BISHKEK 001026

SIPDIS

DEPT FOR CA/FPP AND CA/VO;
DEPT PASS TO KCC
POSTS FOR FRAUD PREVENTION MANAGERS;
FRANKFURT FOR REGIONAL CONSULAR OFFICER

E.O. 12958: N/A
TAGS: KFRD CVIS CPAS CMGT ASEC KG

SUBJECT: KYRGYZSTAN FRAUD SUMMARY MARCH - AUGUST 2008

REF: A) State 74840
B) Bishkek 366


1. Country Conditions: Kyrgyzstan, a former Soviet republic of
five million people, is a country in transition, struggling with the
aftereffects of years of communist misrule and its recent autocratic
regime. Corruption pervades almost all aspects of life and business
in the Kyrgyz Republic. Endemic poverty leads many to pursue
employment abroad, overwhelmingly in the Russian Federation and
Kazakhstan. Recent press reports estimate approximately 500,000
Kyrgyz citizens are living abroad and remitting salaries home.
Inflation this past year is estimated to be 25 - 30%.

Conditions in Kyrgyzstan vary between the north, where the majority
population are Kyrgyz and the terrain is mountainous; and the south
which contains part of the Ferghana valley and a large Uzbek
population. Kyrgyzstan's ethnic minorities also include Russians
who remained after the collapse of the Soviet Union, ethnic Germans,
Koreans, Uighers and other peoples of Central Asia. It has not been
unusual in the past for members of these groups to claim asylum in
the U.S. based on either religious beliefs or for political reasons.
While there is occasionally some tension amongst various groups,
there have been no serious conflicts or organized repression of
ethnic groups in Kyrgyzstan.

Agriculture plays an important role in the Kyrgyz economy.
Unemployment, according to different measures, is estimated to be 12
- 18%. As mentioned above, a significant portion of population work
abroad and remit approximately $710 million USD back to Kyrgyzstan -
a figure that is approximately 60% of the national budget. Banks
are generally not trusted or utilized by the average citizen, which
results in the majority of people maintaining their savings in hard
currency. As a result of the falling value of the US dollar and
increases in food and fuel prices, conditions have become more
difficult for the average Kyrgyz citizen over the last year. Travel
to and from the Kyrgyz Republic is difficult and expensive. The
majority of Kyrgyz will vacation within Kyrgyzstan rather than

abroad. It is very rare to encounter an NIV applicant who has
traveled to destinations other than Kazakhstan or Russia.


2. NIV Fraud:

NIV fraud is usually detected during the interview process and is
refused under 214 (b) of the INA. NIV fraud primarily consists of
fraudulent supporting documents such as bad letters of invitation,
false bank statements or false job letters. Post does not give
credence to such documents during routine interviews. However this
is a problem when processing student visas. The reporting period
saw a steady stream of applicants wishing to study at community
colleges or English as a Second Language (ESL) programs that are
low-cost and located where friends or relatives live in the US. New
York remains the destination of choice for both tourists and
students who apply for NIV's. The majority of applicants will only
open a bank account locally within days of the visa interview and
deposit the minimum amount of funds required by the I-20 form. The
education system in Kyrgyzstan is notoriously corrupt and grades
cannot be relied upon as an accurate indicator. Most students will
take the semester or year off of their studies to go to the US. In
order to receive credit for their studies abroad, they are supposed
to study in a related field to their major. Post has seen that this
is not the case with most student visa applicants.

During this past reporting period, post processed 1,035 Summer Work
and Travel (SWT) applications. This was a 146% increase from the
previous year. Post was pleasantly surprised to find very few cases
of fraudulent students. However since this was only the second year
SWT was offered in Kyrgyzstan, post is not optimistic this will
remain the case in the future. While 32.5% of SWT applications were
refused, it was mainly due to poor English language skills and
214(b) concerns. As per ref B, 35% of SWT participants overstayed
last year. Post plans to conduct another 100% validation study
later this year. In one serendipitous find, consular staff
discovered a hand-out left behind by a SWT student after their
interview. Four pages long, this document was a complete guide on
the interview process and gave such advice as to "always look the
consul in the eye," "tell them that you are the future of civil
society in your country," and much more. Post promptly shared this
with its RCO, VO and all other CIS posts as it originated in Belarus
and had found its way to Bishkek.


3. IV Fraud: Post has seen no significant trends in IV fraud. The
majority of marriage cases involve Kyrgyz citizens marrying US
citizen who are local contractors or servicemen on active duty.
Post has seen an increase in U.S. petitioners incorrectly completing

BISHKEK 00001026 002 OF 003


the I-130 Petition for an Alien Relative. It is not unusual for the
petitioner to "forget" to list previous marriages so as to avoid
having to secure copies of divorce records for petitions. IV's for
Kyrgyz citizens are processed in Almaty, Kazakhstan.


4. DV Fraud: Post does not process diversity visas.


5. ACS and Passport Fraud: Passport and CRBA issuance is relatively
low in Bishkek. The large number of contractors working at the
nearby coalition airbase has increased the number of marriage-based
petitions filed as well as CRBA applications, but to date post has
not seen any fraud.

Post has seen an increase in potential wire fraud against U.S.
citizens. As with other former Soviet countries, U.S. citizens are
meeting alleged single women via the internet. As the on-line
relationship develops, these women begin requesting money. In the
cases seen this past reporting period, U.S. citizens are instructed
to wire money either directly to the "women, "to "the visa center"
or their new "e-gold wire money system" which promises visa issuance
and plane ticket purchase in one transaction. Post received
increasing numbers of e-mails from U.S. citizens requesting
confirmation of the "visa center" and the visa application
requirements. In some of the e-mails, a complete address and
telephone number was provided. Post's investigation showed that the
addresses are non-existent and the telephone numbers are false. The
scammer usually asks for $2,000 - $4,000 US from the potential
victim. Post worked with RSO on these investigations and informed
inquirers of the dangers of money transfer to unknown parties.


6. Adoption Fraud: 2006 changes in the Kyrgyz Family Code have
directly resulted in a dramatic increase in the number of Kyrgyz
children adopted by US citizens. Kyrgyzstan ranked #18 on CI's list
of top 20 adoption source countries for FY 2007. According to the
Ministry of Education, there are eight adoption agencies registered
in Kyrgyzstan. There is little control over civil documents.
Rampant corruption in all parts of the Kyrgyz government ensures
that post cannot rely on presented documents. A recent criminal
prosecution case of a false document ring demonstrated the ease of
obtaining any and every Kyrgyz document. Additionally, document
stock is often unreliable. During the reporting period, no birth
certificates were available for issuance anywhere in Kyrgyzstan for
over three months. A full investigation is carried out for each
I-604 issued for every child. While Kyrgyz adoption law resembles
adoption law found in the Russian Federation, much of the procedures
are lacking or missing in Kyrgyzstan. The definition of orphan
under Kyrgyz law does not always match the definition of orphan
according to US immigration law. To date, there seems to be no
minimum age or minimum wait time before a child can be given up for
an adoption. During the past reporting period, post has seen
adoptions where the orphanage would go back and generate records -
such as parents' death certificates - after the child was put up for
adoption. The reason given was that local authorities had never
gotten around to reporting the death. While post has not referred
an I-604 Orphan Investigation to USCIS for denial, post continues to
remain concerned. This past reporting period also saw many
shake-ups within the Ministry of Education. Post's normal adoption
contact suddenly resigned with little explanation. The new Ministry
of Education official in charge of adoptions is still familiarizing
herself with Kyrgyz law and adoption procedures.


7. Use of DNA testing: During the reporting period, post had no
cases that required DNA testing. In general, post rarely performs or
has need to perform DNA testing.


8. Asylum and other DHS benefit fraud: Post does not normally
process any asylum cases but is occasionally called upon to verify
locally issued documents supporting asylum and immigration
applications at other posts. In an extraordinary case, post
conducted the interviews of three Uzbek families who were
beneficiaries of I-730 Follow to Join Petitions. The travel
documents were ultimately issued by IOM Moscow. Post worked closely
with Embassy Tashkent to confirm the documents involved in the case.
Post has not received any verification requests during the past
reporting period.


9. Alien Smuggling, Trafficking, Organized Crime, and Terrorist
Travel: Kyrgyzstan is a country of origin and transit for human
trafficking. As per Bishkek's 2008 Trafficking in Person's (TIP)
report, trafficking occurs for both forced labor and sexual
exploitation. The majority of trafficking victims travel to
Kazkahstan, Russia, Turkey or the UAE. There is very little
evidence of trafficking to the US or Canada. Uzbek and other
citizens will often transit Kyrgyzstan en route to the UAE or other

BISHKEK 00001026 003 OF 003


destinations. Due to the widespread sale of the pre-2005 Kyrgyz
passport, the US government ceased to recognize it as a valid travel
document. This old version of the Kyrgyz passport was discovered to
be a key tool for traffickers in transporting people out of
Kyrgyzstan to other destinations.

The Embassy places restrictions on USG personnel for travel to
certain parts of Kyrgyzstan, such as Batken Oblast, to security and
terrorism concerns. In 2006, suspected militants attacked a border
post in the Batken region. The Islamic Movement of Uzbekistan and
other terrorist organizations remain active in Central Asia. Press
reports during the reporting period report "invasions" by Tajiks
into Kyrgyz valleys. Land borders, especially in the South, are
easily crossed by nationals of neighboring countries. Citizen of
CIS countries do not need a passport to enter Kyrgyzstan - only an
ID card.


10. DS Criminal Investigations: Post does not have an RSO-I but
works well the RSO on related cases. Post has not referred any
cases to RSO for investigation during this reporting period.


11. Host Country Passport, Identity Documents, and Civil Registry:
Practically any document issued in the country can be fraudulently
obtained, for a price. The procedures for issuance of civil
documents are similar to those in the Russian Federation and other
former Soviet Republics. A birth or death is recorded on a
certificate called a spravka issues by a hospital. This certificate
is usually a flimsy piece of newsprint that is completed by hand.
It has no security features other than a stamp. The bearer then
files this certificate with their regional Vital Records Office
known locally as ZAGS (Zapisi Aktov Grazhdonskovo Sostoyanoye.
Birth certificates are only issued for Kyrgyz citizens. The only
record of birth for foreigners would be the certificate issued by
the hospital where the birth occurred - a document that is
vulnerable to fraud.

Previous negligence in the Kyrgyz passport agency led to their
availability on the black market in several countries. This led to
the de-recognition of the 1994 Kyrgyz passport, which has recently
been replaced by the 2004 version. While a significantly more
secure document than the previous passport, it is still vulnerable
to fraud based on the documents presented to obtain a passport.
During the reporting period, post encountered one case where a US
citizen was arrested for illegally obtaining a valid Kyrgyz
passport. During attendance of his trial, post heard extensive
evidence of document sale and production. Discussions with
officials at the passport office indicate that while the new Kyrgyz
passport is a secure document, the basis for issuing it - the Kyrgyz
Birth Certificate - remains vulnerable.


12. Cooperation with Kyrgyz authorities: Cooperation with the
host-government on visa and immigration matters is good. Post
continues to build its relationship with the airport Border Guards
as mentioned in Ref A.


13. Areas of particular concern: Post's major areas of concern are
adoption fraud and the continuation of the Summer Work and Travel
Program. As noted above, adoptions have grown unchecked with little
indication that the Ministry of Education adequately regulates the
process or is aware of the practices of adoption facilitators. Post
will be conducting a 100% validation study in the fall to see the
overstay rate from this year's SWT program.


14. Staffing and training: Currently, the Fraud Prevention Unit is
staffed by the Consular Section Chief, who is the sole consular
officer at post, and a Fraud Investigator. The consular officer
received CA's Anti-fraud Training course at FSI. The new Fraud
Investigator has begun CA's on-line fraud training and hopes to
complete the consular correspondence courses within the coming
year.

GFOELLER