Search

 

Cablegate: Immigration Advisory Program: Note Verbale and Moo

VZCZCXRO0302
OO RUEHFK RUEHKSO RUEHNAG RUEHNH
DE RUEHKO #4970/01 2420917
ZNR UUUUU ZZH
O 300917Z AUG 06
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5886
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC IMMEDIATE
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 3979
RUEHBY/AMEMBASSY CANBERRA PRIORITY 1752
RUEHUL/AMEMBASSY SEOUL PRIORITY 0109
RUEHFK/AMCONSUL FUKUOKA PRIORITY 7857
RUEHNAG/AMCONSUL NAGOYA PRIORITY 7662
RUEHNH/AMCONSUL NAHA PRIORITY 0426
RUEHOK/AMCONSUL OSAKA KOBE PRIORITY 1195
RUEHKSO/AMCONSUL SAPPORO PRIORITY 8965

UNCLAS SECTION 01 OF 05 TOKYO 004970

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR AMBASSADOR MICHAEL MICHALAK AND L (SPROSSER)
DEPARTMENT OF HOMELAND SECURITY FOR KSAVA, DPALMERI, KBROWN

E.O. 12958: N/A
TAGS: PTER JA
SUBJECT: IMMIGRATION ADVISORY PROGRAM: NOTE VERBALE AND MOO
FOR CLEARANCE

REF: STATE 138354

1. (SBU) This is an action request. Please see para 3.

2. (SBU) Embassy Tokyo greatly appreciates the efforts made
by the joint Department of State-Department of Homeland
Security delegation to secure agreement on the Immigration
Advisory Program (IAP) documents. As agreed during the
negotiations, the Ministry of Foreign Affairs (MOFA) after
reviewing the draft Note Verbale and the three Memoranda of
Operation (MOO) (para 4-7) returned them to the Embassy with
only one minor change to the MOJ MOO on August 30. (Note:
Word versions will be forwarded separately by unclassified
e-mail.) MOFA assures us that the relevant ministries and
agencies have reviewed the documents and are ready to move
forward. Officials at the Director General level plan to
sign the MOO, and MOFA expressed hope that officials at the
same level will sign for the United States.

3. (SBU) The Department and DHS are asked to review the
proposed drafts and reply with clearance or further comment.

4. (SBU) Text of Note Verbale

Begin text

The Ministry of Foreign Affairs presents its compliments to
the Embassy of the United States of America in Japan and has
the honor to inform the Embassy of the following;

The Government of Japan,

Recognizing the close and productive relations between the
immigration authorities of Japan and the United States of
America;

Recognizing that there is significant passenger air travel
between Japan and the United States of America;

Noting that the threat of international terrorism remains
serious, and, in this situation, it is of vital importance
for both countries to protect the security of aircraft and
passengers from the threat of terrorist attacks;

Taking into account that many terrorists and other criminals
who are involved with international crime travel beyond
borders by using fraudulent travel documents;

Recognizing that, particularly from the viewpoint of
countering terrorism and international crime, it is very
useful for the airline carriers to receive advice from
government experts on the detection of fraudulent travel
documents;

Noting also that airline carriers benefit from advice they
receive from government experts not only on the detection of
fraudulent travel documents but also on the adequacy of the
documentation required to enter the country of destination;

Convinced that the immediately above-mentioned approach would
further contribute to the facilitation of the air travel
between the two countries; and

Noting that the Government of the United States of America
proposed to start a pilot project of the Immigration Advisory
Program (hereinafter referred to as the "IAP"), which
consists of sending one country's government officials with
expertise to certain airports in the other country with the
objective of giving advice to the airline carriers;

Expressed its intention to allow relevant officials of the
Government of the United States of America to be stationed at
Narita International Airport under the IAP on a reciprocal
basis, consistent with the following paragraphs 1 to 7.

1. Framework
(1) During the period of the pilot project of the IAP,
officers of the US Customs and Border Protection (hereinafter
referred to as "the IAP officers") plan to be stationed at

TOKYO 00004970 002 OF 005


the Narita International Airport. The IAP officers are not
to exercise any powers or law enforcement authority and are
to work in accordance with relevant laws and regulations of
Japan.

(2) An airline carrier that operates flights destined for
the United States of America may voluntarily seek advice and
assistance from the IAP officers located in Japan,
particularly with respect to (i) whether a travel document of
a specified passenger is authentic or not and/or (ii) whether
a specified passenger has the proper documentation to enter
or transit the United States of America or not.

If the IAP officers have advance information indicating that
a specified passenger is likely to be found inadmissible upon
arrival in the United States, the IAP officers may advise the
airline carrier when appropriate. Upon receiving the
information, the airline carrier may voluntarily seek
additional advice and/or assistance from the IAP officers on
(i) and/or (ii) mentioned above.

In providing advice and assistance to the airline carriers,
the IAP officers may, in conjunction with airline personnel,
interact with any specified/identified passenger(s), if there
is a particular request from the airline carrier or the
specified passenger.

(3) If the IAP officers recognize and /or identify, through
the use of passenger assessment that a certain passenger is
likely to be found inadmissible upon arrival in the United
States of America as a result of the process stipulated in
the paragraph 1.(2), the IAP officers may advise the airline
carrier. The airline carrier may then independently review
the information available to it and decide whether to allow
the passenger to board.

2. Details of the activities of the IAP officers.
(1) The IAP officers dispatched pursuant to this pilot
arrangement are not to be received by the Government of Japan
as members of the diplomatic mission nor the consular posts.

(2) The relevant authorities of both governments intend to
separately prescribe the details of the operational protocol
of the IAP officers' activities.

(3) It is expected that information which the IAP officers
obtain in Japan, except those information obtained from CBP
database systems, including that on the passengers who are
denied boarding as a result of the activities of the IAP
officers, is to be used only for the purpose of facilitating
the work of immigration control of the Government of the
United States of America. Any other use of this information
would be governed by existing applicable agreements and
relevant domestic laws of both governments.

3. Relation with the airline carriers
(1) The IAP officers are normally expected to give advice
verbally, however, if requested by the airline carriers, IAP
officers may also provide written information.

(2) The IAP officers are not expected to perform any
activity that imposes additional requirements on the airline
carriers, such as requesting information including Passenger
Name Record data, which exceeds the scope of information
currently required by Advance Passenger Information (API),
nor may they cause delays in boarding procedures.

4. Cooperation with the relevant authorities of the
Government of Japan
(1) In order to implement the IAP smoothly and effectively,
the IAP officers are expected to closely cooperate with the
relevant authorities of the Government of Japan, to include
the exchange of relevant information, in accordance with
relevant laws and regulations of Japan and the United States
of America.

(2) If the IAP officers have advance information indicating
that a specified passenger is likely to be found inadmissible
upon arrival in the United States, the IAP officers are

TOKYO 00004970 003 OF 005


expected to convey the relevant information to the
appropriate authorities of the Government of Japan and the
airline carriers, as soon as possible, to the extent
practicable and authorized by U.S. law.

(3) The exchange of information between relevant
authorities of both governments is intended to be governed by
existing applicable arrangements between the U.S. and Japan,
or to the extent not already covered by existing
arrangements, the exchange of information may be addressed by
separate arrangements made by mutual consent between those
authorities.

5. Commencement, Period, Suspension, and Termination of
the pilot project of the IAP
(1) The pilot program of the IAP is expected to commence
when the Government of Japan receives from the Government of
the United States of America a diplomatic note in reply,
indicating its intention to commence activities consistent
with the provisions set forth in this Note Verbal. The pilot
program of the IAP is intended to last for a period of one
hundred and eighty (180) days from the day when the IAP
officers start their work aforementioned in paragraph 1 above.

(2) If both governments intend to extend the pilot program
of the IAP beyond the period of one hundred and eighty days,
both governments are expected to initiate a subsequent
exchange of diplomatic notes before the initial period
expires. Either government may suspend or terminate the
pilot program of the IAP by informing the other of its
intention via diplomatic note. Either party, in terminating
its cooperation, should provide at least thirty (30) days
prior written notification.

6. Bearing of the expenses
All US expenses for IAP costs of operation by the US in Japan
are to be paid by the Department of Homeland Security as
separately prescribed in the Memorandum of Operations.

7. Others
(1) If either government seeks to modify the
above-described arrangements, both governments are expected
to consult with each other through the diplomatic channel
beforehand.

(2) The relevant authorities of both governments are
expected to closely cooperate and consult with each other, as
necessary, on any IAP subjects, which are not addressed in
this Note Verbale.

(3) Should the Government of Japan seek to send relevant
government officials to airports in the United States of
America, the Government of the United States intends to work
with relevant authorities at U.S. airport(s) which are
mutually identified, to determine the feasibility and details
of stationing such Japanese officials on a pilot basis at
such U.S. airport(s), with the aim of securing implementation
of such program consistent with the terms of this arrangement.

(4) This Note Verbale does not create rights and
obligations binding under international law, nor does it
create or confer any right or benefit on any person or party,
private or public.

(5) This Note Verbale and the US replying Note Verbale are
considered to be a sensitive communication between the two
governments and are not intended to be disclosed to the
public except as may be required by law and with consultation
by both governments. The modalities of the publicity on the
implementation of the pilot project of the IAP are expected
to be the subject of consultations between both governments.

End text of note verbale

5. (SBU) Text of MOO with the National Police Agency

Begin text

United States Customs and Border Protection, Department of

TOKYO 00004970 004 OF 005


Homeland Security (hereinafter referred to as "CBP") and the
Security Bureau, National Police Agency of Japan intend to
implement the following operations concerning the Immigration
Advisory Program (hereinafter referred to as the "IAP") which
is operated at the Narita International Airport (hereinafter
referred to as the "Narita Airport") in the context of the
arrangements described in the exchange of diplomatic notes
dated, XXX, XXX, 2006, and XXX 2006, respectively:

1. In the instance where an intended passenger who is
booked on a flight to the United States from Narita Airport
is suspected of being a terrorist or serious criminal, the
IAP Officers and the Department of Homeland Security Officers
are to inform Chiba Prefectural Police and /or National
Police Agency of Japan of all relevant information regarding
that passenger (e.g. the name, the passport number, the
reason(s) why the above mentioned passenger is suspected,
etc.) as soon as possible, and to the extent practicable and
authorized by law.

2. The IAP officers and/or the Department of Homeland
Security Officers should provide the above information in
writing upon request of Chiba Prefectural Police and/or the
Security Bureau, National Police Agency of Japan, to the
extent practicable and authorized by law.

Security Bureau
Customs and Border Protection
National Police Agency
Department of Homeland Security
Japan
United States of America

End text of MOO with NPA

6. (SBU) Text of MOO with the Ministry of Justice

Begin text

United States Customs and Border Protection, Department of
Homeland Security (hereinafter referred to as "CBP") and the
Immigration Bureau, Ministry of Justice of Japan intend to
implement the following operations concerning the Immigration
Advisory Program (hereinafter referred to as the "IAP") which
is operated at the Narita International Airport (hereinafter
referred to as the "Narita Airport") in the context of the
arrangements described in the exchange of diplomatic notes
dated XXX, XXX, 2006, and XXX 2006, respectively:

1. CBP intends to inform Narita Airport District
Immigration Office (hereinafter referred to as the "Narita
Immigration Office"), Tokyo Regional Immigration Bureau, in
advance of the number, names, posts, the name of the
supervisor, and mobile and fixed telephone numbers of
officials who are dispatched to Narita Airport for IAP and to
update that information, as necessary to reflect any changes
thereto.

2. Narita Immigration Office intends to pass the
information above to Chiba Prefectural Police and the Narita
International Airport Corporation Security Department (NAA)
when informed by CBP Officials.

3. In the instance where an intended passenger who is
booked on a flight to the United States from Narita Airport
is suspected of being a terrorist, serious criminal, or
otherwise inadmissible to the United States, the IAP Officers
and the Department of Homeland Security Officers should
inform the Narita Immigration Office of all relevant
information regarding that passenger as soon as possible, to
the extent practicable and authorized by law.

4. In the instance where the IAP Officers advise an
air carrier that a passenger may not meet admission
requirements for the United States and the air carrier makes
a final decision that the passenger will not be permitted to
board the flight, the IAP Officers should inform the Narita
Immigration Office of all relevant information on that
passenger, to the extent practicable and authorized by law.

TOKYO 00004970 005 OF 005

Immigration Bureau Customs and
Border Protection
Ministry of Justice Department
of Homeland Security
Japan
United States of America

End text of MOO with MOJ

7. (SBU) Text of MOO with the Ministry of Land,
Infrastructure and Transport

Begin text

United States Customs and Border Protection, Department of
Homeland Security (hereinafter referred to as "CBP") and the
Japanese Civil Aviation Bureau (JCAB), Ministry of Land,
Infrastructure and Transport intend to implement the
following operations concerning the Immigration Advisory
Program (hereinafter referred to as the "IAP") which is
operated at Narita International Airport (hereinafter
referred to as "Narita Airport") in the context of the
arrangements described in the exchange of diplomatic notes
dated XXX, XXX, 2006, and XXX 2006, respectively:

1. CBP intends to apply to the relevant authorities,
including Japan Customs at Narita Airport and the Narita
Airport Authority (NAA), and to obtain all necessary airport
entry permits, to include access to passenger terminal
airside areas; passenger boarding gate areas; and
international transit areas, before start of operations by
IAP officers.

2. IAP officers are to comply with all rules and
regulations provided by Japanese authorities regarding
security during IAP operations at Narita Airport.

3. All U.S. expenses for IAP costs of operation by the
U.S. in Japan, including office space and other related
utility services provided by NAA, are to be paid by the
Department of Homeland Security.

U.S. Customs and Border Protection,
Department of Homeland Security
United States of America


Narita International Airport Division,
Japanese Civil Aviation Bureau
Ministry of Land, Infrastructure and Transport
Japan

Aviation Security Office,
Japanese Civil Aviation Bureau
Ministry of Land, Infrastructure and Transport
Japan

End text of MOO with MLIT
DONOVAN

© Scoop Media

 
 
 
World Headlines

 

OECD: COVID-19 Crisis Puts Migration And Progress On Integration At Risk, Says

Watch the live webcast of the press conference Migration flows have increased over the past decade and some progress has been made to improve the integration of immigrants in the host countries. But some of these gains may be erased by the COVID-19 pandemic ... More>>


Pacific Media Watch: How Pacific Environmental Defenders Are Coping With The Covid Pandemic

SPECIAL REPORT: By Sri Krishnamurthi of Pacific Media Watch Pacific Climate Warriors - creative action to trigger better responses to climate crisis. Image: ... More>>

Reporters Without Borders: Julian Assange’s Extradition Hearing Marred By Barriers To Open Justice

After monitoring four weeks of evidence in the US extradition proceedings against Wikileaks publisher Julian Assange, Reporters Without Borders (RSF) reiterates concern regarding the targeting of Assange for his contributions to journalism, and calls ... More>>

OHCHR: Stranded Migrants Need Safe And Dignified Return – UN Migrant Workers Committee

The UN Committee on Migrant Workers has today called on governments to take immediate action to address the inhumane conditions of migrant workers who are stranded in detention camps and ensure they can have an orderly, safe and dignified return to ... More>>