AUSTRIAN FOREIGN AND INTERIOR MINISTRIES

C O N F I D E N T I A L VIENNA 001539 SIPDIS DEPARTMENT FOR CA; DHS FOR VISA WAIVER PROGRAM OFFICE; FBI FOR TERRORIST SCREENING CENTER E.O. 12958: DECL: 12/03/2024 TAGS: CVIS PREL PGOV PTER AU SUBJECT: AUSTRIAN FOREIGN AND INTERIOR MINISTRIES DETERMINED TO SEEK VWP AGREEMENTS NEGOTIATING MANDATE FOLLOWING NEXT ROUND OF INFORMAL DISCUSSIONS REF: VIENNA 1520 Classified By: Econ/Pol Counselor Dean Yap. Reason: 1.4(b) and (d). ¶1. (C) Summary. MFA contacts reported to Econ/Pol Counselor Dec. 2 that after the proposed next round of informal discussions the MFA and Interior Ministry were determined to push the already drafted negotiating mandate for the VWP-related agreements to the cabinet for a decision. They have also, h said, communicated this view to the Chancellor's Office. While a December meeting no longer seems possible, the MFA has asked the U.S. to propose possible January dates for an Austrian visit to Washington. See Comment/Action Request in para 5. End Summary. ¶2. (C) Austrian MFA VWP Agreements action officer Johann Brieger reported Dec. 3 that the MFA and Interior Ministry had both conveyed to the Chancellor's Office their view that the proposed next round of informal experts' consultations in Washington was the "end of the bridge," i.e., that Austria would then have to begin formal negotiations with the U.S. Both have, he said, also told the Chancellor's Office that they would expect the negotiating mandate for the VWP-related agreements, which has already been drafted, to be sent to the cabinet for consideration and approval after the consultations. ¶3. (C) With regard to reftel proposal from the Interior Ministry, Brieger reported that the Foreign Ministry believed the idea worth exploring with the Data Protection Authority. He had not yet, however, been able to reach DPA Director Souhrada to do so. Brieger cautioned that the Chancellor's Office/DPA may disapprove the idea because it could b seen as circumventing the necessary cabinet approval for a negotiation and, particularly as the fact of the meeting would not be classified, could provoke a renewed public, as well as exacerbate the ongoing political, controversy. ¶4. On the timing of an experts' meeting, Brieger understood that the DPA had, in the absence of early agreement on a December visit, scheduled other activities. He asked that the U.S. side propose January windows for a visit. He would likewise seek DPA alternatives for a January visit to Washington. ¶5. Comment/Action Request. The evident determination of the Foreign and Interior ministries to push the negotiating mandate forward meets as far as is possible, we believe, the concerns in some USG agencies about engaging in an endless process of informal talks with the GoA. Following another round of preliminary talks, the GoA cannot expect the U.S. to engage until that mandate is granted. In the interests of bringing closure to this part of the process, Embassy urges State, DHS, and Justice/FBI to provide timeframes in Washington when a GoA experts' delegation could be received in the first quarter of CY 2010, ideally in January. End Comment/Action Request. EACHO