SCENESETTER FOR A/G MUKASEY AND DHS CHERTOFF VISIT

C O N F I D E N T I A L LJUBLJANA 000115

SIPDIS

SIPDIS

DOJ FOR A/G MUKASEY; DHS FOR SEC. CHERTOFF

E.O. 12958: DECL: 03/05/2018
TAGS: PREL CVIS PGOV EUN ASEC OVIP SI
SUBJECT: SCENESETTER FOR A/G MUKASEY AND DHS CHERTOFF VISIT
TO SLOVENIA, MARCH 12-13

REF: A. LJUBLJANA 107

B. LJUBLJANA 41

Classified By: CDA Maryruth Coleman for reasons 1.4 (b, d).


1. (C) SUMMARY: We are looking forward to your visit. You
will be the first USG Cabinet level visitors to Slovenia
since it assumed the EU Presidency at the beginning of this
year, and your meetings and events during your stay should
bolster our already close ties with this country. From the
outset, Slovenia has stressed that it wants to have a
successful U.S.-EU Summit and is eager to identify
appropriate JHA issues as possible deliverables. During its
first two months as EU President, Slovenia has focused on the
Western Balkans, brokering the EU's response following
Kosovo's February 17 declaration of independence. Because of
its small overseas presence, Slovenia looks to larger EU
member states, particularly France and Germany, to drive the
EU debate in many foreign policy areas. Slovenia hosted a
successful U.S.-EU Justice and Home Affairs informal senior
level meeting January 9-10, which covered a full range of
transatlantic law enforcement and internal security issues.
However, the EU's displeasure over the U.S. conducting
negotiations bilaterally over Visa Waiver Program (VWP)
Memoranda of Understanding (MOU),which recently came to a
head with the Czech Republic's signing of an MOU, has put
Slovenia in an awkward position. Although Slovenia has
enjoyed the benefits of the visa waiver program since 1997,
it must balance the competing interests of the membership.
Results of the March 5 COREPER meeting will play a large part
in the EU's approach to the JHA Ministerial. However,
Slovenia has assured us that it would not allow the VWP issue
to hijack the Ministerial and Slovenia, like us, eagerly
anticipates your visit. END SUMMARY.

Setting the Stage for the U.S.-EU Summit
--------------


2. (C) In June 2001, in his first trip abroad after assuming
office, President Bush visited Slovenia to meet Russian
President Putin for the first time. Slovenia now looks
forward to his return visit for the June 9-10 U.S.-EU Summit,
although Slovenia, the EU and the U.S. have not yet announced
the dates publicly. Slovenia is focused on hosting a
successful Summit. In its search for deliverables, it will
take a forward-leaning position and push forward where it
thinks there can be real progress. It has identified the JHA
area as a possible source for Summit achievements and shares
our view that the VWP controversy should not overshadow all
other areas of potential progress.


3. (C) Developing a common understanding on data privacy
principles involving the sharing of law enforcement
information is an important objective for the Slovenian
Presidency. Under its chairmanship, the High Level Contact
Group experts' talks have made considerable progress, and
Interior Minister Mate told Charge March 5 that this is an
achievable goal for the Summit (ref A). We should continue
to maintain a forward-leaning position at the Ministerial to
get commitment from all sides to conclude the talks and
deliver concrete results by the Summit. Other key issues at
the Ministerial that could mature into Summit deliverables
include deeper U.S.-EU cooperation in the Southeast European
Coordination Initiative against Transborder Organized Crime,
sharing information on linkages between narcotics trafficking
and terrorism, and progress on signings of the Mutual Legal
Assistance and Extradition Agreements.

Visa Waiver Program
--------------


4. (C) Slovenia has enjoyed the benefits of the visa waiver
program since 1997. When the program received renewed close
scrutiny in the aftermath of 9/11, Slovenia moved quickly to
address any lingering concerns we may have had, including
advancing the launch of its new machine-readable passport by
several months. Now, as EU President, Slovenia finds itself
in the awkward position of supporting an EU line critical of
our efforts to broaden the program by negotiating MOUs
bilaterally with VWP aspirants. As Presidency, Slovenia is

concerned at the potential of VWP to split EU solidarity and
divide the Member States. Slovenia hopes to see progress in
expansion of VWP, but is concerned that not all EU aspirant
countries will be able to qualify during the narrow window
available. The March 5 COREPER Ambassadors adopted the
Slovenian Presidency's paper outlining an approach that would
try to protect the equities of the EU and the member states.

Kosovo Dominates Slovenia's EU Presidency - So Far
-------------- --------------


5. (C) Well before Slovenia assumed the EU's Presidency, it
anticipated that Kosovo would be the most prominent external
issue it would face during its six-month term. Slovenian
officials strived to build EU unity in the lead-up to
Kosovo's February 17 Coordinated Declaration of Independence
(CDI) by publicly playing up its neutrality on the issue,
while working behind the scenes with us and key EU member
states to assure a successful CDI. Slovenia's Foreign
Minister Rupel told us he was proud and relieved that
Slovenia was able to broker the often contentious EU debate
over the final language in the EU's statement following
Kosovo's independence. In-mid February, Slovenia guided the
EU to authorize a European Security and Defense Policy
(EULEX) mission to Kosovo. Slovenia recognized Kosovo on
March 5.

Western Balkan Focus for JHA Issues
--------------


6. (SBU) Slovenia's focus on Western Balkan issues extends
into JHA affairs. At the EU-U.S. Justice and Home Affairs
senior level meeting in early January, Slovenian Ministries
of Justice and Interior officials also highlighted the
Western Balkan emphasis of Slovenia's presidency. They noted
that the EU would be preparing a threat assessment for the
region, and expressed interest in cooperating with the U.S.
on fighting terrorism, organized crime, drug trafficking, and
illegal migration. Other significant JHA meetings during
Slovenia's presidency (in Brussels) include the U.S.-EU
Committee on Terrorism (COTER) Troika May 22-23, and a
U.S.-EU-Canada Trilateral meeting addressing consular and
document fraud issues June 22.

Concerns about the Slovenian Press
--------------


7. (C) Press reports of a leaked MFA memo outlining a
late-December conversation between senior Slovene and U.S.
officials have complicated U.S.-Slovenian relations. Press
reports charged that the U.S. had issued "demands" that
Slovenia be the first country to recognize Kosovo following
the CDI. This story has been kept alive by the media, which
opposes the government, as well as by the MFA's somewhat
clumsy attempts to track down the source of the leak. The
story's message of the U.S. bullying Slovenia and making
demands could reverberate as JHA issues arise.

Resources Stretched Thin
--------------


8. (C) Slovenia is the first of the EU's newest members to
hold its Presidency. Due to Slovenia's small size (a
population of just over 2 million) and limited leadership
experience within the EU, it has relied heavily on the
council secretariat in Brussels and on larger EU member
states - particularly Germany and France, which takes over
the EU presidency from Slovenia in July, for policy and
logistical support. Human resources at the Slovene MFA have
been stretched thin during its presidency (the head of the
MFA division for Asia and the Pacific, for example, covers
all of Asia, including Burma, Pakistan, China, etc., with a
staff of six).

Domestic Political Update
--------------


9. (C) The predominantly center-right ruling coalition is
likely to remain in power for the duration of the EU
Presidency, but political machinations by the several

opposition parties could become a distraction. The ruling
coalition and several opposition parties signed a cooperation
agreement going into the presidency pledging to avoid
political squabbles during Slovenia's six-month term.
Despite the agreement, some of the opposition parties have
called for the resignation of the Environment, Foreign and
Interior ministers. However, Interior Minister Mate has
successfully deflected calls for his resignation and looks to
be safe in his position for the rest of the EU Presidency, as
is Foreign Minister Rupel. Former President and former Prime
Minister Janez Drnovsek died on February 16 after a long
fight with cancer.

A New U.S. Ambassador
--------------


10. (SBU) The White House has named Michigan businessman
Yousif Ghafari to the Post, but the Senate has not scheduled
a confirmation hearing date. Slovenian officials may ask if
you have any inside information from the White House.
COLEMAN