Cablegate: Brazil's Response to Apis+ Deadline
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 BRASILIA 002785
SIPDIS
SENSITIVE
STATE FOR EB/TRA - EKLOTH AND BMATTINGLEY
HOMELAND SECURITY PASS TO TSA VICKI REEDER
BUENOS AIRES FOR TSA
E.O. 12958: N/A
TAGS: EAIR PTER ASEC
SUBJECT: BRAZIL'S RESPONSE TO APIS+ DEADLINE
REF: A) STATE 181546, B) BRASILIA 1028
1. (U) Summary. On October 3, the evening before the
published deadline for implementation of the APIS+ measures,
the Brazilian Foreign Ministry sent Embassy Brasilia a Non-
Paper relaying its concerns about the additional reporting
requirements. Post requests guidance from Washington on how
to respond to the GOB. End Summary.
2. (SBU) The Brazilian Foreign Ministry sent a Non-Paper
(set forth at paragraph 5) to the U.S. Embassy in Brasilia
on the evening of October 3 that affirms the GOB's
commitment to cooperating with the U.S. on aviation
security, but which also outlines GOB concerns regarding the
APIS+ additional reporting requirements. In sum, the GOB
believes that these requirements go beyond international
agreements. We had heard rumblings earlier from the
Brazilian civil aviation department (DAC) that the airlines
would have trouble complying with the October 4 deadline,
especially if "APIS 60" were to be implemented. The October
3 note from the Foreign Ministry, however, was the first
that we had heard that the Brazilians may have concerns
regarding the reporting requirements of APIS+ as a matter of
principle, not only as a technical matter.
3. (SBU) During the implementation of the PNR data sharing
program, Brazil resisted cooperation initially for political
reasons as the airline Varig appeared unable to overcome the
technical hurdles. In the end, the data flowed, but not
without the USG having to mount considerable pressure and
face significant delays. (Ref B) Unfortunately, we believe
this Non-Paper, and the subsequent meeting between State and
the Brazilian Embassy in Washington, may signal that the
APIS+ implementation process may not be easy either. On the
other hand, it is unclear at this point whether the position
reflected in the Non-Paper is a Foreign Ministry initiative
only, or if it has the backing of the DAC or the airlines
(one of which, Varig, reportedly requested an extension for
compliance). Follow-up reporting will be provided as
additional information is available.
4. Action Request - Post requests guidance on how to respond
to the Brazilian non-paper.
5. (SBU) An unofficial translation of the GOB Non-Paper
follows:
Begin text.
Non-Paper on "Advanced Passenger Information System Plus"
(APIS+)
-- The Brazilian government has been following with concern
the projected adoption of measures in the field of civil
aviation known as "Advanced Passenger Information System
Plus" (APIS+).
-- The National Union of Airline Companies (SNEA) advised
the Ministry of Foreign Affairs that as of October 4 the
specialized U.S. government agencies (Customs and Border
Protection - CBP and Transportation Security Administration
- TSA) plan to require that airlines who operate flights to
the U.S. collect and send additional information, not
included on passports, with regard to passengers who are not
U.S. citizens or authorized residents of the U.S.
-- The information requirement and timing for supplying it
is special cause for concern to the airline companies and to
the Brazilian government. The technical difficulties
inherent in obtaining the requested information at the time
of departure will cause insurmountable hardships in airports
that already operate near the limit of their capacity, which
will adversely affect all flights, international as well as
domestic.
-- The Brazilian government understands that the requirement
for this kind of information corresponds in practice to the
transfer of immigration control procedures not covered under
the jurisdiction of U.S. law - a privilege characteristic of
state sovereignty - normally done in the territory of the
country who receives the visitors, or previously, by the
appropriate consular authority at the time the visa travel
request is analyzed.
-- The Brazilian government notes that the international
norm established by the International Civil Aviation
Organization (OACI), in item 3.47 of Annex 9 (Facilitation -
12th edition) to the Convention on International Civil
Aviation, recommends that when appropriate, the Contracting
States establish a system of advance passenger information
that involves collection of data contained on passports or
visas, before departure. The same edition of Annex 9 also
stipulates, in item 3.47.1, that when the passenger
identification information to be transmitted is specified,
the Contracting States should require only information
available via mechanical scanning of travel documents.
Annex 9 further establishes, in item 3.47.2, that the
Contracting States shall refrain from imposing fines or
penalties on airline operators for any errors resulting from
system failures resulting in non-transmission or
transmission of incorrect information.
-- In this regard, it should be noted that Brazil has not
yet adopted mechanical scanning of travel documents, which
should take place starting next year, in compliance with
international norms on the subject.
-- The Brazilian government has made very effort to
cooperate with the U.S. government initiatives to strengthen
air and maritime transportation security, for we share the
same concerns. Notable in this regard are the positive
results of meetings for the purpose of sharing Passenger
Name Record (PNR) data, under conditions still to be
formalized by the parties, and the establishment of
guidelines for reciprocal visits to ports and airports in
both countries.
-- Therefore, the Ministry asks the Embassy to pass these
observations to the appropriate U.S. government authorities,
with a request to reconsider adoption of APIS+ for Brazilian
airline flights, since these measures go beyond
international commitments defined by competent multilateral
organizations.
End text.
6. (U) This cable was cleared and coordinated with Consulate
General Rio de Janeiro.
DANILOVICH