UK COUNSELS PATIENCE ON VISA WAIVER PROGRAM

C O N F I D E N T I A L LONDON 000677

SIPDIS

SIPDIS

STATE FOR EUR/PGI AND EUR/ERA
DHS FOR OIA AND VWPO

E.O. 12958: DECL: 03/06/2018
TAGS: PGOV KPAO CMGT CVIS PREL PTER UK
SUBJECT: UK COUNSELS PATIENCE ON VISA WAIVER PROGRAM
NEGOTIATIONS WITH THE EU

REF: SECSTATE 21769

Classified By: Political Minister Counselor Maura Connelly for reasons
1.4 (b) and (d)


1. (c) Summary. HMG recognizes the issue of legal
competency between the EU Commission and member states in the
area of visa policy is "complicated," but London supports
extension of the U.S. Visa Waiver Program (VWP) to other EU
members and wants to complete its own bilateral visa MOU with
USG as soon as possible, according to officials at the Home
Office and Foreign Office. In response to ref demarche,
these officials said the UK will quietly work to avoid a
"Mexican standoff" over VWP issues between the Commission and
EU members and they encouraged the USG to move forward in
bilateral negotiations with EU members, but to be patient
while the EU and member states work out the issues of legal
competency. End Summary.

Home Office Response
--------------


2. (C) In response to ref, Tom Dodd of the Home Office (the
HMG ministry with the lead on visa policies) told the Consul
General on March 5 that the UK supports extension of the VWP
to other EU members. The UK also wants to complete its own
new MOU with the USG on the VWP as soon as possible. (Embassy
note. Discussions on the U.S.-UK VWP MOU are already
underway and the subject was discussed during Home Secretary
Jacqui Smith's meeting with Secretary Chertoff in Washington
last month. End note). Dodd said that the issue of EU
versus member State competency in this area is complicated --
on some issues, such as sharing of PNR data, the EU has legal
authority to bind members and the UK does not want to
challenge that, for example.


3. (C) On the issue of negotiating MOUs with current and
prospective VWP participants, Dodd urged patience. The UK
will use its influence to find pragmatic solutions that will
recognize that the EU has a "legal right" to negotiate on
some immigration issues on behalf of members while the
members retain sovereign rights in other areas as well. The
UK objective, Dodd said, is to avoid a "Mexican standoff"
over the VWP issue between the Commission and member states.
Dodd cautioned, however, that the UK's ability to publicly
press on VWP issues is limited because the UK is not a part
of the Shengen border arrangements. Dodd reiterated that the
legal issues are complex, the distinctions between EU and
member state competencies is not always clear, and there is a
role for the EU Commission that needs to be taken into
account as negotiations on bilateral MOUs proceed.

FCO: We Want Our Own Bilateral MOU
--------------


4. (C) The Head of the Foreign Office's Americas Section
Paul Welsh echoed Dodd's comments in a separate March 5
meeting to discuss ref demarche with the Consul General,
PolCouns, and Homeland Security Attache. Welsh, joined by
Mike Grace, the FCO's U.S.-EU officer, reiterated that the UK
wants to complete its own VWP MOU with the USG as soon as
possible, so the FCO approaches the issue of individual EU
member states' authority to enter into visa-related MOUs with
the USG from that perspective. Welsh said the Foreign Office
recognizes that the EU Commission has competency in "certain
aspects" of visa policy and the UK wants to make sure EU
members do not "get into cross purposes" with the Commission
in negotiating MOUs with the USG. Welsh repeated Dodd's
comment that the UK's ability to publicly influence intra-EU
discussions on this issue is somewhat limited because the UK
is not a Shengen participant.

Comment
--------------


5. (C) Both Dodd and Welsh made clear that HMG, which wants
to finalize a new bilateral VWP MOU that includes provisions
on Advance Travel Authorization, will be respectful of EU
Commission claims to authority in this area but is not going
to support any division of authority that would limit Member
states' power to enter into bilateral VWP MOUs.

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http://www.state.sgov.gov/p/eur/london/index. cfm
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