U.S. Visas for ASEAN Officials: Time for Change

UNCLAS SECTION 01 OF 02 JAKARTA 000961

SENSITIVE
SIPDIS

DEPT FOR EAP, CA, L, H, P

E.O. 12598: N/A
TAGS: ASEAN PREL PGOV ID
SUBJECT: U.S. Visas for ASEAN Officials: Time for Change


1. (U) This is an action request. See paragraph 8.


2. (SBU) Summary: Secretary Clinton's historic February visit to the
Association of Southeast Asian Nations (ASEAN) Secretariat (ASEC) in
Jakarta reflected a deepening U.S. relationship with ASEAN. The
United States is a Dialogue Partner of ASEAN and was the first
country to designate an Ambassador to ASEAN. However, ASEC
officials are ineligible to receive the official visas that are
routinely issued to the staff of international organizations. If
Congress extended to ASEAN all privileges and immunities under the
International Organizations Immunities Act, that would not only be a
smart political move, it would also ease the visa process for ASEC
officials. End Summary.

Current Visa Rules Frustrate ASEC
--------------

3. (SBU) Currently, ASEC officials applying for a visa to the United
States for official travel are required to show up for an interview
and fingerprinting, and pay the visa fee of $131 if they do not hold
an official passport. This is because ASEAN is not recognized as an
eligible entity under the International Organizations Immunities
Act. The President cannot issue an executive order designating
ASEAN under the Act, because the United States is not a member
state. ASEC officials find this frustrating at best, and question
why U.S. visa rules do not acknowledge an organization representing
the 10 ASEAN countries. They point out that the newly adopted ASEAN
Charter gives ASEAN a legal personality and formalizes it as an
international organization. In addition, Secretary Clinton
announced during her historic February visit to ASEC in Jakarta that
we would begin the official process of examining U.S. accession to
ASEAN's Treaty of Amity and Cooperation (TAC).


4. (SBU) The recent visa application by ASEAN Secretary General (SG)
Dr. Surin Pitsuwan highlighted the diplomatically embarrassing
potential of this issue. Dr. Surin, a former Thai foreign minister,
needed a U.S. visa in a very short time frame, given his frequent
travel for official business. The Consular Section duly informed
Dr. Surin's office that he was not exempt from any of the regular
visa requirements (interview, fingerprinting, and visa fee). ASEC
officials were visibly upset by this, although Dr. Surin was
graciously willing to come to the Embassy for a visa interview. In
the end, on a tight turn-around, Consular issued Dr. Surin an "A"
type visa based on a diplomatic note from the Embassy of Thailand
(Surin holds a diplomatic passport from Thailand). This enabled us
to avoid the embarrassing situation of requiring the highest-ranking
ASEAN official to appear for an interview and fingerprinting, as
well as pay a visa fee.

The Business Visa Program: An Interim Measure
--------------

5. (SBU) As an interim measure, Post has suggested to ASEC that it
register with the Consular Section's business visa program.
Registration in the program would grant ASEAN employees and their
families the flexibility of applying on the first and third
Wednesday of the each month without having to make an appointment.
This still does not eliminate the requirements of an interview and
fingerprinting, and payment of the visa fee.
Post has not yet received a positive response to this suggestion
from ASEC.

The Appropriate Solution: Recognition under the International
Organizations Immunities Act
-------------- --------------

6. (SBU) Officials of international organizations normally qualify
for "G" visas. G visas are given only to those international
organizations that are designated under the International
Organizations Immunities Act. Unfortunately, the President cannot
issue an executive order designating ASEAN under the International
Organizations Immunities Act, because the United States is not a
member. However, Congress can enact special legislation to
authorize the President to extend the privileges and immunities to
international organizations to which the U.S. does not belong.
Prior to ASEAN adopting a Charter, this was a moot point. However,
the newly adopted Charter gives ASEAN a legal personality and
formalizes it as an international organization.

Change Sends Smart Political Signal
--------------

7. (SBU) Updating our rules to recognize ASEAN as an international
organization will reflect reality and help for political and
strategic reasons. As a "Dialogue Partner", the United States is
deepening its political engagement with ASEAN. This was underscored
by Secretary Clinton's February visit to ASEC. Recognizing ASEAN as
an international organization would be a smart political step that
underscores our commitment to ASEAN. It would also serve the
practical purpose of easing the visa process for ASEAN officials.


JAKARTA 00000961 002 OF 002




8. (SBU) Action request: Post asks the Department to work with
Congress so that the privileges and immunities available under the
International Organizations Immunities Act are also extended to
ASEAN.


HUME