UPDATE ON GOA REVIEW OF CASE OF JOSIAS KUMPF

UNCLAS VIENNA 001593

SIPDIS

DHS FOR ICE/OPLA AND ICE/OIA; DOJ FOR OSI AND OIA; STATE
FOR EUR/AGS

E.O. 12958: N/A
TAGS: CPAS PREL AU
SUBJECT: UPDATE ON GOA REVIEW OF CASE OF JOSIAS KUMPF

REF: (A) VIENNA 1521 (B) BHATT(DHS) E-MAIL 10/27/08
TO STEPHEN MADDEN


1. (U) Econ/Pol Counselor delivered points provided in Ref B
on the status of Josias Kumpf to Austrian MFA Deputy
Political Director Helmut Tichy on 10/29. Tichy welcomed the
information, and confirmed that, while not germane to the
GoA's decision on Kumpf's return under the terms of the 1988
U.S.-Austrian Joint Statement, the information was of
considerable practical value in dealing with Kumpf, should he
return. Tichy's sole substantive comment was to the effect
that there would need to be further discussion of the legal
terms of Kumpf's travel. On first reading, Austria was
unaware of any legal option for granting Kumpf a travel
document. Emboff pointed out that the USG could not issue
Kumpf with a document that would authorize his entry into
Austria.


2. (U) Tichy also handed over a diplomatic note and
attachment explaining that Austria could not prosecute Kumpf
for any alleged crimes committed before April 6, 1945, when
Kumpf turned 20. Under Austrian law, the statute of
limitations on all crimes committed by Kumpf as a minor has
expired. Emboff noted the information, and that the USG had
not expressed any interest in Kumpf's prosecution by Austria.


3. (U) Lastly, Tichy reported that Austria was in contact
with Poland regarding Poland's possible criminal interest in
Kumpf. He affirmed that this was not relevant to the GOA's
determination of the case under the 1988 Statement.


4. (U) Tichy expected a final GOA decision on Kumpf's return
within the next two weeks.


5. (U) Comment: DHS may wish to have available for discussion
with the GOA information on how receiving states have handled
travel in previous removal cases - particularly in cases
involving stateless persons. End Comment.
GIRARD-DICARLO