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Cablegate: Visa Waiver Program Country Reviews: Spain

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 05 MADRID 001764

SIPDIS

STATE FOR CA/VO/F/P

E.O. 12958: N/A
TAGS: CMGT EAIR XT AS BX JA NZ SI SN KOCI CASC SPCVIS
SUBJECT: VISA WAIVER PROGRAM COUNTRY REVIEWS: SPAIN

REF: A) STATE 92156; B) STATE 102840

1) SUMMARY: POST SENT A FORMAL REQUEST FOR INFORMATION
TO THE MINISTRY OF FOREIGN AFFAIRS ON APRIL 29, 2004 IN
THE FORM OF A NOTA VERBAL. TO DATE WE HAVE NOT
RECEIVED A FORMAL RESPONSE TO OUR NOTE; HOWEVER, WE
HAVE EVERY REASON TO BELIEVE THE SPANISH GOVERNMENT IS
TAKING THE REVIEW SERIOUSLY AND WE DO EXPECT TO RECEIVE
A SUBSTANTIVE RESPONSE IN THE NEXT WEEK OR TWO.
ELECTIONS OF MARCH 14, 2004 RESULTED IN A CHANGE OF
GOVERNMENT FOR SPAIN, AND TRANSITION TO THE NEW
ADMINISTRATION IS STILL IN PROCESS. THE NEW
ADMINISTRATION IS STILL NAMING THE NEW OFFICERS FOR KEY
POSITIONS IN ALL PARTS OF THE GOVERNMENT, WITH THE
DIRECTOR GENERAL FOR CONSULAR AFFAIRS BEING NAMED ON
FRIDAY MAY 7, 2004. THIS REORGANIZATION OF GOVERNMENT
MINISTRIES HAS CREATED DELAYS IN THE NORMAL PROCESSING
OF REQUESTS. THE CHARGE RAISED THE ISSUE WITH THE
NEWLY APPOINTED NUMBER TWO AT THE MINISTRY OF FOREIGN
AFFAIRS, WHO ASSURED HIM THAT THEY APPRECIATED THE
IMPORTANCE OF THE ISSUE AND THAT THEY WOULD RESPOND
SOON. THE INFORMATION PROVIDED BELOW HAS BEEN ASSEMBLED
BY THE MISSION IN MADRID AND WILL BE SUPPLEMENTED BY
DOCUMENTS BEING SENT BY EXPRESS MAIL. FURTHER DETAILED
INFORMATION FROM SPANISH GOVERNMENT SOURCES WILL BE
FORWARDED AS IT IS RECEIVED. POST IS ANTICIPATING THE
ARRIVAL OF THE IWG TEAM IN SPAIN THE LAST WEEK OF JUNE
(JUNE 28-JULY 2). END SUMMARY

2. Documents are being sent via DHL to Scott Cecil in
CA/VO/F/P, tel. 202-663-1251. Alternate point of
contact is Debbie Lopes da Rosa, also in CA/VO/F/P,
tel. 202-663-1173. Fax for both is 202-663-3897.
Documents being sent are in Spanish and many can be
downloaded directly from the Internet at the locations
cited below. Translation assistance may be needed from
Language Services.

3. As part of the information gathering phase, the IWG
formulated a comprehensive list of questions, some of
which can only be answered with certainty by the host
country. Those questions are below. Post may have
some of the information requested, and the IWG would be
grateful for input post would have; however, given the
time constraints, we request posts to pose the
following questions to appropriate host country
officials for complete answers. Some of these
questions seem at first glance to have little to do
with immigration; they are intended to help the IWG
form a basis for evaluating the country's level of law
enforcement cooperation. Please share this fact with
countries, which may raise doubts about the content of
some of the following questions. The extent of the
information we gather in advance will determine the
agenda of the reviewing team during the in-country
visit. The more information we have up front, the less
the team will have to do on the ground. We therefore
request posts to submit the following questions as soon
as possible:

4. Since January 1994, how many blank national
passports have been reported as lost, stolen, missing,
or otherwise unaccounted for worldwide? If possible,
please provide a complete list of these passport
numbers.

Number of lost blank passports since 1994 -
approximately 1000. We have been informed by Spanish
authorities that lost/stolen blank passports are
reported to the DHS (legacy INS) office in Madrid.

5. In 2003, how many lawfully issued national
passports were reported stolen, lost, missing, or
otherwise unaccounted for worldwide?

Reported Lost/stolen or misplaced in 2003 - 14,448.

6. Is the government required to check a person's
fingerprints against a database before granting
permanent residence status?

All Spanish citizens and all foreign legal residents of
Spain are documented with identity cards linked to a
central database with fingerprint data (right index
finger). This data is checked against a national and
EU/Schengen database.
Ministerio del Interior: Extranjera e Inmigracin
(www.) [Spanish, English, French] This site describes
all the paperwork needed for residency.
All non-EU citizens wanting to stay in Spain for more
than 30 days need a visa from the Spanish Embassy or
Consulate closest to their place of residence outside
of Spain. When they arrive in Spain, they must apply
for residency. Getting residency in Spain allows you to
live anywhere in the EC. Likewise, getting residency
somewhere else in the EC gives you a right to residency
in Spain.
The various visas you can obtain are described in these
Spanish Consulate of New York links: Student Visas;
Tourist and Business Visas; and Residence Visas. The
e
Spanish Consulate in New York lists the requirements
for each of the six types of residence visas/work
permits.
If you're married or related to a Spanish citizen,
you apply for the Visa de Reagrupacion Familiar (Family
Unification).
If you're retired, you apply for the Visa de
Jubilados (Retiree). Note: on arrival in Spain, you may
be asked to prove you have medical insurance.
If you're wealthy, apply for visas #4 or #5.
If you're a Mormon, apply for visa #6.
After arriving with the residence visa in their
passports, non-EU citizens have three months after
arrival in Spain to go to the nearest Oficina de
Extranjeros (Foreigners Office). Below are the
following documents generally required.
Form called Solicitud de Tarjeta en Regimen
Comunitario
Passport and 2 photocopies
3 passport-sized photos
Medical certificate
If a member of the family is Spanish (or has
residency): your Libro de Familia (Family Book), DNI
ok), DNI
(National Identity Card or Legal Residency Card) of
that family member, Empadronamiento, and medical
insurance.
If you will be working for someone: a contract of
employment.
If you will be self-employed: documents that prove
you fulfill the requirements necessary to undertake
that activity.
If you won't be working: documents that prove you
have enough money to live during your time in Spain,
plus medical insurance.
If you will be a student: proof of matriculation
in an accredited school, plus the requirements of the
previous item.
The Resident Card is issued after adjudication of the
application. Each Oficina de Extranjeros (Foreigners
Office) processes candidates locally and the time spent
both waiting in line at the office and waiting for your
Resident Card can vary tremendously, depending on where
you do it. Your photo and fingerprint will be taken and
maintained in a central database held by the Spanish
National Police (SNP), a sub-section of the Ministry of
of
Interior (MOI).
ID Numbers in Spain
NIE (Nmero de Identidad de Extranjero - Alien ID
number): The immigration service (SNP) issues this
number upon obtaining residency (the number is on the
Resident Card). This is the identification number in
Spain. It is needed in order to file taxes, establish a
business, open a bank account, and for almost all other
forms. Both EU citizens and non-EU citizens get issued
a NIE.
DNI (Documento Nacional de Identidad): This is the
ID number for Spanish citizens. The same number is used
for one's driver's license and it linked to the "Family
Book" (Libro de la Familia), which lists births, deaths
and marriages.
NIF (Nmero de Identificacin Fiscal): This is the
tax ID number for all individuals. For Spaniards, it's
the DNI plus one letter; for foreigners, it's the same
number as your NIE. With a NIE, there is no need to re-
apply for a NIF. If you're a nonresident who has to pay
taxes in Spain, a NIF is issued without having a NIE.
NIE.
CIF (Certificado de Identificacin Fiscal): This
is the same as the NIF, but for companies.
Social Security Number: The employer applies for
this number when you start your first job in Spain.
This number then stays with you for all subsequent
jobs. If you are self-employed, you apply yourself for
this number.
4. Is the government required to check a person's
fingerprints against a database before granting
naturalization?

All legal residents of Spain are documented with
fingerprint data prior to being eligible to apply for
naturalization. Among the documents to be presented are
certificates of prior criminal records or absence of
these from all countries of prior residence including
Spain. Police Security checks are mandatory before
granting Spanish nationality.

5. Please provide information, including if
practicable a copy of pertinent laws, that describe all
the circumstances (and qualifications) in which a
person might naturalize and/or obtain citizenship in
in
the country. Have any nationality and citizenship laws
changed since the country was admitted to VWP,
particularly those that relate to the circumstances in
which people born outside the country may acquire or
may have acquired citizenship in the country?

Spanish nationality law was amended on October 8, 2002
by Law 36/2002, modifying the civil code on nationality
issues.

The law provided benefits to recover nationality for
those who had lost it and to facilitate access to
Spanish nationality for relatives of Spanish citizens,
expanding the acquisition through family relationships
to include grandchildren of Spanish citizens born
outside of Spain. Reciprocity with a number of South
American countries has resulted in a number of people
acquiring Spanish nationality while still being able to
retain their other nationality.

Legislation being pouched (Appendix F) and available on-
line at:
http://www.justicia.es/servlet/Satellite?cit= 10582103524
3&pagename=Portal_del_ciudad

6. Provide the number of applications for
naturalization approved, denied and pending, each year
since 2001, breaking down the denials by grounds for
denial and the number denied under each ground.
(Examples of grounds could include, but are not limited
to, failure to meet host country's residency or
language requirements, terrorism, various law
enforcement concerns, etc.).

Unknown - Cons has requested the information from MFA
and from Spanish National Police Documents Unit.

7. Under what circumstances may a passport be revoked?
Can convicted felons obtain passports? If so, are the
passports annotated in a way that would indicate that
the bearer has a criminal conviction?

Art. 25 of the Spanish civil code establishes the
following grounds to lose Spanish nationality by
naturalized citizens:
a. Those who, for a period exceeding three years,
exclusively use the nationality renounced when
acquiring the Spanish nationality.
b. Those who voluntarily joined the armed services or
assume a political position in a foreign country
against the specific prohibition of the Spanish
government.
c. Those who are convicted of forgery, omission or
fraud in the acquisition of the Spanish nationality
will have their acquisition of Spanish nationality
nullified, although this will not affect bonafide third
parties. The Prosecutor must initiate the revocation
process within 15 years.

Citizenship retention of expatriate Spaniards requires
maintaining registration with the Spanish Embassy or
Consulate in the country of residence.

8. Please list the names of major organized crime
groups operating in the country.

Organized crime groups from many countries have
footholds in Spain. For example, English, Russian,
Ukrainian, Israeli, Italian Mafia, and Colombian crime
groups are known to have members living in Spain.
These groups do not always have clearly defined names
but include: East Europeans (Slavic and Romanians);
Chinese (mostly PRC, as opposed to Taiwanese); North
Africans (Moroccans and Tunisians; some Algerians);
South Americans (Ecuadorians and Colombians); Sub-
Saharan Africans (primarily West Africans, e.g.,
Nigeria and Ghana); Cubans (less than in past years;
mostly but not exclusively surrounding the Canaries).
We've also heard that there are some areas that have
been heavily infiltrated by Russian / Former Soviet
Union organized crime groups.

9. If available, please provide a brochure or pamphlet
describing each type of national passport that remains
valid for travel.

Brochures not available. We have produced a summary of
information regarding documents provided to the DHS
forensic document lab and to the Department of State
Office of Fraud Prevention at CA/FPP. This information
is being pouched (Appendix B) and provided via email to
CA/VO.

10. If available, please provide a copy of the
country's most recent annual Uniform Crime Report. If
your country does not produce a Uniform Crime Report or
something similar, or if the following information is
not included in the report, please ask the country to
provide: the number of people convicted of a crime
currently in prison; the number of those in prison who
are nationals of the host country; the rules that apply
to foreigners convicted of a crime being deported in
lieu of serving sentences; the numbers of foreigners
convicted of a crime deported since 2001 in lieu of
serving a sentence; the degree of centralization of
the country's law enforcement records if the country
has a federal system, and the extent that lack of such
centralization could affect these requested statistics.

RSO produced memo regarding Crime and Spain also being
pouched (Appendix C). Copy of RSO cable (03 State
003091): Analysis and Trends of Crime in Spain, is
being pouched (Appendix D).

Uniform Crime Report not available, but a hard copy of
a report from the Ministry of Interior is functionally
similar. Hard copy is being pouched (Appendix E), and
it is available on the Internet at
http://www.mir.es/oris/index.htm

11. The IWG will be formulating assessments of the
level of law enforcement cooperation between the host
government and the U.S. and the level of law
enforcement within the country; any information or
assessment the Embassy can provide at this time on
either will be useful.

The Consular Section is directly involved in all formal
Mutual Legal Assistance Treaty Requests (MLAT) and
Extradition requests made by the US to Spain. The
Spanish requests to the US are handled by the Spanish
Embassy in Washington, which presents them to the
Department of State and Department of Justice. In FY
2002, the Embassy handled 183 MLAT requests and 43
extradition requests. In FY 2003, the Embassy handled
165 MLAT requests and 50 extradition requests. Many of
these requests involved requests for sharing of
information regarding major crime, drug, fraud, and
terrorist investigations. Both countries are
interested in sharing information and there is active
judicial cooperation between Spain and the US. Some
information requested cannot be provided due to
national security issues or due to the format of
information or specificity of the request itself. A
very few extradition requests have not been honored due
to sentencing guidelines and restrictions intrinsic in
the treaties and national laws.

12. Please provide a copy of the law or regulation,
if any, which authorizes the country's Government to
provide the USG with a certified copy of a criminal
judgment and/or criminal history record of a national
of the country. Assume that the information would be
used in an official immigration investigation (a non-
criminal investigation to determine whether a non-U.S.
citizen should be prevented from entering the United
States or deported from the United States). Assume
also that this request would be made through INTERPOL
channels rather than through a formal Mutual Legal
Assistance Treaty (MLAT) request. (Consular sections
may have this in relation to judicial requests for
assistance.)

Copy of the Legislation regarding international
cooperation in law enforcement matters is being pouched
(Appendix F).

It is available on the Internet at
http://www.igsap.map.es/cia/dispo/25726.htm

13. The information below is requested in order to
assist in evaluating U.S. law enforcement and security
interests in VWP countries, as required by Visa Waiver
Program legislation. The information is needed in order
to assist the Department of Justice in obtaining a
complete picture of law enforcement procedures in the
VWP countries and how those procedures might affect
joint investigations and other law enforcement
cooperation.

13a.Provide a summary of how the country's police may
use informants, including any restrictions or
prohibitions on use of informants. If practical,
provide a copy of pertinent statute, case law, or
regulation.

Use of informants is similar to that in the US.
Legislation relating to that is included in Appendix F
or available on the Internet at
http://www.igsap.map.es/cia/dispo/25726.htm

13b.Provide a summary of legislation and regulations
regarding the types of investigative techniques the
country's police can use in conducting undercover
investigations including any restrictions on such
activities, such as restrictions on the use of
subterfuge or on how police officers may represent
themselves to the targets. If practical, provide a
copy of pertinent statute, case law, or regulation.

Legislation Attached and available on line at:
http://www/igsap,map.es/cia/dispo25726.htm

MANZANARES

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