Cablegate: Netherlands: Despite Court Decision, Dutch Visa

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

UNCLAS THE HAGUE 002928

SIPDIS

SENSITIVE

STATE FOR DRL/IRF - KATY LURIE

E.O. 12958: N/A
TAGS: PHUM CVIS NL GM
SUBJECT: NETHERLANDS: DESPITE COURT DECISION, DUTCH VISA
FOR REV. MOON UNCERTAIN

1. (SBU) SUMMARY: The Dutch Unification Church (DUC) is
concerned that Dutch immigration authorities may deny Rev.
Sun Myung Moon a visa to visit the Netherlands on Nov. 2.
Although the Dutch invoked an exception clause to the
Schengen Treaty framework to grant Rev. and Mrs. Moon visas
in the past, an initial visa request for the upcoming trip
was denied. The DUC challenged the decision in court and
prevailed; nevertheless, Dutch immigration will not confirm
whether or when the Moons will be issued visas. Post
requests guidance from Washington. END SUMMARY.

2. (SBU) Wim Koetsier (President, Dutch Unification Church
(DUC)) contacted POLOFF on October 11 to discuss an
outstanding visa request for Unification Church founder Rev.
Sun Myung Moon to visit the Netherlands on November 2 as part
of a European tour. Rev. Moon plans to be in the Netherlands
for one day only, between stops in Switzerland on November 1
and Slovenia on November 3. According to Koetsier, Rev. and
Mrs. Moon had been granted visas to the Netherlands on three
prior occasions. In each previous case, he added, the Dutch
government had exercised an exception clause in the Schengen
Treaty framework to issue the visas despite Germany's
placement of the Moons on an EU list of persons to whom visas
may not be issued.

3. (SBU) Koetsier told POLOFF that he had presented several
requests for an exception to the Schengen proscriptions to
the Dutch Immigration and Nationalization Service (IND) in
preparation for the upcoming visit. Contrary to previous
practice, however, the IND summarily denied each request.
Koetsier gave POLOFF a copy of an IND reply, translated by
Koetsier himself, to support his claim and stated that the
DUC would challenge the decision in court.

4. (SBU) On October 21, Koetsier informed POLOFF that the
Amsterdam district court had ruled in favor of the DUC, in
effect rejecting the GONL's rationale for denying the visa
request. He noted that the DUC's attorney hoped that IND
would process the visa by October 28.

5. (SBU) On October 26, POLOFF raised the matter with Hans
Faber (Policy Advisor, IND), stressing the U.S. interest in
upholding the principles of religious freedom in this and
similar cases. Faber confirmed that the DUC had prevailed in
an Amsterdam District Court case and that the Moons
previously had been granted visas pursuant to the exception
clause. Faber balked, however, when asked whether the IND
would issue a visa in light of the court decision, explaining
that the IND is currently "interpreting what you can and
can't do" under the court's ruling.

6. (SBU) Faber indicated that the Schengen Treaty framework
conditions Rev. Moon's receipt of a visa on Germany's
consent. When asked when or whether he thought the Germans
would consent, Faber demurred. In a subsequent discussion
with POLOFF, Koetsier asserted that the Germans had already
consented to Rev. Moon's entrance in an October 17 letter.
Koetsier expressed concern that the IND may revisit the
question of German consent as a delaying tactic to avoid
issuing the visa until it is too late -- a tactic he said had
been used by other Schengen countries in the past.

7. (SBU) On October 27, POLOFF discussed the matter with Jaap
Christiaanse (Deputy Head, Western Hemisphere Affairs, MFA)
and underscored the U.S. general concern for the preservation
and promotion of religious freedom. Christiaanse was unaware
of the issue, but promised to bring it to the attention of
his colleagues in the Consular Affairs Division.

8. (SBU) COMMENT: The clock is ticking for the DUC's appeal;
Faber's remarks indicate that the IND may indeed wait until
time runs out rather than comply with the Amsterdam District
Court's decision. Post requests guidance from Washington in
the event that the IND does not issue Rev. Moon a visa on
October 28. END COMMENT.
SCHOFER

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