VWP AGREEMENTS: AUSTRIAN MFA ON NEXT STEPS

C O N F I D E N T I A L SECTION 01 OF 02 VIENNA 000430 SIPDIS E.O. 12958: DECL: 04/07/2024 TAGS: CVIS PGOV PTER AU SUBJECT: VWP AGREEMENTS: AUSTRIAN MFA ON NEXT STEPS REF: VIENNA 411 Classified By: Econ/Pol Counselor Dean Yap ¶1. (C) Summary. Barring a further media storm (reftel),the Austrian MFA expects to be able to move forward with a request for a mandate to negotiate HSPD-6 and PCSC agreements in the next "several weeks." The Ministry believes it would be counter-productive to have a VWP-review visit in April or May, but believes a visit in July could be possible. The GoA is prepared to conclude the Lost and Stolen Passports (LASP) exchange of notes. See para 6 action request. End Summary. ¶2. (U) Econ/Pol Counselor met April 7 with MFA Justice and Home Affairs Director Johann Brieger to discuss next steps following the March 23-24 U.S.-Austria consultations and subsequent media storm. HSPD-6 and PCSC -------------- ¶3. (C) Brieger expressed the Ministry's regret and embarrassment at the media leak, and stated that the GoA was concerned about the leak and taking (unspecified) steps to ensure that it would not be repeated. Despite the leak, the MFA was convinced that the U.S. willingness to brief the GoA in detail was genuinely appreciated, including by data protection officials. He noted that the GoA was preparing the list of questions agreed during the consultations and should be able to submit them to the U.S. by the end of April. ¶4. (C) At the same time, the MFA does believe that the political storm generated by the leak should be allowed to dissipate further before a formal request is sent to the cabinet for a negotiating mandate. That would take, he thought, "several weeks." He was confident that the delay would not be one of months. (Comment: Post nonetheless reads "several weeks" to mean that the request for a mandate would go forward in June or July. Brieger noted that the request will be a matter of public record and could provoke more critical media coverage and political commentary. ¶5. (C) To help overcome any opposition, the MFA has undertaken two political initiatives to try and ensure that Austria can show itself to be securely in the European mainstream in negotiating with the U.S. First, the MFA is in contact with both the European Commission (Brieger mentioned Jonathan Faull) and the upcoming Swedish Presidency about energizing the EU-U.S. HLCG negotiations on a data protection agreement, with the goal of concluding such an agreement under the Swedish Presidency and not waiting until the Lisbon Treaty is ratified. Secondly, the MFA is in contact with other EU member states now negotiating with the U.S. to see how they can offer one another mutual support. In addition to these two initiatives, the MFA plans to emphasize the agreements' security benefits in any public remarks as well as use the experience of the media storm in late March to prepare its response to data protection allegations. Lost and Stolen Passports -------------- ¶6. (U) Brieger reported that the MFA's lawyers had reviewed the draft LASP note and were happy with the substance. They asked, however, if the U.S. would be amenable to revising the last substantive sentence to conclude, "constitute a shared (political) understanding between our two Governments." Without the addition of the word "political," the text could be construed in Austria as creating a legal obligation. If the U.S. is unable to make this change, the GoA can accept the text as is, but its reply would include the word "political." Please advise. Visa Waiver Program Review Visit -------------- ¶7. (C) Brieger had no substantive objection to a VWP review visit, but was concerned about timing. Such a visit in late April, as originally proposed, could be used to undermine VWP-related law enforcement cooperation with the U.S. It would be better, he implied, if the visit happened after the Austrian cabinet had granted the HSPD-6 and PCSC negotiating mandate. He requested the Embassy return to the issue of scheduling the visit in May, but was hopeful that the review visit could take place in July, before the summer break. Comment -------------- ¶8. (C) Embassy sees the two diplomatic initiatives undertaken VIENNA 00000430 002 OF 002 by the GoA in the EU as solid evidence of the GOA's concern about political challenges to the HSPD-6 and PCSC negotiations and of its commitment to moving forward on them. Except on matters of real national interest, Austria keeps a low profile in the EU. Perhaps out of equal concern for enhancing security and the long-term impact on its VWP status, it recognizes that it cannot let these agreements linger in a hostile media and political environment. It is also typical that Austria would tie itself to broader EU action, rather than challenge domestic public and media opinion directly. End Comment. KILNER