US embassy cable - 05TOKYO1440

C O N F I D E N T I A L SECTION 01 OF 05 TOKYO 001440 
 
SIPDIS 
 
DEPT PLEASE PASS TO S/CT PAUL FUJIMURA 
DHS PLEASE PASS TO JCICHOCKI 
 
E.O. 12958: DECL: 03/11/2015 
TAGS: ASEC, CVIS, ETTC, KVPR, KFRD, PTER, SENV, JA 
SUBJECT: FOURTH U.S.-JAPAN COUNTERTERRORISM WORKING GROUP 
 
Classified By: POL M/C David B. Shear.  Reasons 1.4 (b/d). 
 
1.  (C) Summary.  Following brief opening remarks by CTWG 
co-chairs, Political Section Deputy Reynolds and MOFA 
International Counterterrorism Cooperation Division Director 
Shinsuke Shimizu, Cabinet Secretariat Assistant Counselor 
Hiroyuki Yamaya kicked off the fourth U.S.-Japan 
Counterterrorism Working Group meeting on March 8, 2005 with 
an overview of the Government of Japan's (GOJ) Action Plan 
for Prevention of Terrorism.  In creating the Action 
Plan-which took less than three months to compile-ministries 
and agencies took a hard look at the systems in place and 
tried to identify oversights.  Yamaya stressed the GOJ's 
determination to close any loopholes for terrorists, and its 
recognition that any weakness in Japan's counterterrorism 
strategy has implications for Japan and, more broadly, 
international society.  A question and answer session touched 
on amendments to the Immigration Control Act, creation of a 
foreign terrorist organization designation system, the newly 
implemented Advanced Passenger Information System, the Sky 
Marshal program, transit lounges and currency transportation. 
 DHS Attache Mike Cox offered an explanation of the 
Immigration Advisory Program and encouraged the GOJ to agree 
to a pilot program at Narita Airport.  The Consular Section's 
Patty Hill provided a briefing on the Terrorist Screening 
Center and the TIPOFF database, emphasizing the value of 
interagency cooperation.  She invited interested individuals 
to the Embassy for a first-hand look at how the system works. 
 End Summary. 
 
2.  (C) Japan's Ministry of Foreign Affairs (MOFA) hosted the 
fourth U.S.-Japan Counterterrorism Working Group (CTWG) 
meeting on March 8, 2005.  After brief opening remarks by 
CTWG co-chairs, Political Section Deputy Reynolds and MOFA 
International Counterterrorism Cooperation Division Director 
Shinsuke Shimizu, Cabinet Secretariat Assistant Counselor 
Hiroyuki Yamaya provided an overview of the Government of 
Japan's (GOJ) Action Plan for Prevention of Terrorism 
(outline at para 11).  Since the 1995 sarin gas attack in 
Tokyo's subway, the GOJ has implemented a series of 
counterterrorism measures, Yamaya said.  For example, the 
Cabinet Secretariat established and staffed the Crisis 
Management Center, which would facilitate a response to a 
terrorist attack or mass casualties.  The attacks on 
September 11 strengthened the GOJ's resolve to improve 
immigration controls, enhance intelligence capabilities, 
prevent a terrorist hijack, increase protection of nuclear 
facilities and major landmarks, and clamp down on terrorist 
financing.  The GOJ recognizes the need to continually review 
and reassess its measures as conditions change.  In creating 
the Action Plan-which took less than three months to 
compile-ministries and agencies took a hard look at the 
systems in place and tried to identify oversights.  Yamaya 
stressed the GOJ's determination to close any loopholes for 
terrorists, and its recognition that any weakness in Japan's 
counterterrorism strategy has implications for Japan and, 
more broadly, international society. 
 
Question and Answer Session 
--------------------------- 
 
3.  (C) Immigration Control Act.  In response to a question 
about amendments to the Immigration Control Act from Patty 
Hill, an Embassy consular officer, Ministry of Justice (MOJ) 
Immigration Bureau General Affairs Division Assistant 
Director Mitsutoshi Imokawa said that part of the criminal 
code is scheduled for amendment.  This amendment was 
presented to the Diet in February 2005 and will allow the 
Immigration Bureau to directly exchange information with 
their counterparts. 
 
4.  (C) FTO Designation System.  Co-chair Reynolds asked 
about Japan's plan to create a system to designate terrorists 
and terrorist organizations.  Shimizu said that currently the 
GOJ designates an individual or entity on a case-by-case 
basis, after the UNSC Sanctions Committee lists it.  UNSCR 
1373 obligates states to freeze assets of listed individuals 
and entities so the GOJ created a coordinating committee 
tasked with discussing the cases and deciding whether to 
apply the Foreign Exchange and Trade law and implement the 
freeze.  Public Security Intelligence Agency First 
Intelligence Department Attorney Tomoaki Nitta added that the 
GOJ is in the process of creating a formal system to deny 
entry to designated terrorists.  Although it has not been 
drafted yet, the GOJ hopes to submit a bill in 2006 designed 
to prevent designated or identified terrorists from entering 
Japan.  The GOJ is considering linking this bill with the 
freezing of terrorist assets.  Nitta said that the Ministry 
of Justice will take the lead if the GOJ decides to create a 
Foreign Terrorist Organization (FTO) designation system by 
amending the Immigration Control Act, but that another 
ministry might be in charge if a law is drawn up from scratch. 
 
5.  (C) APIS.  DHS Attache Mike Cox noted that Japan's 
Advanced Passenger Information System (APIS) started on 
January 4 and asked about its status.  Imokawa replied that 
the MOJ, the Ministry of Finance (MOF) and the National 
Policy Agency (NPA) have been trying to convince the 60 
airlines that fly into and out of Japan to comply with the 
voluntary APIS system.  So far, 20 carriers have agreed to 
cooperate and are providing passenger and crew information to 
immigration authorities.  Imokawa said the GOJ would monitor 
APIS, in its current form, and decide by 2006 whether the 
system should be made mandatory.  The Ministry of Land, 
Infrastructure and Transport (MLIT) is charged with working 
with the airlines, and MLIT's Hiroyuki Kondo reported that 
some foreign companies are unable or unwilling to share 
personal passenger information and have been less cooperative 
than Japanese carriers.  Takeshi Hayakawa from the National 
Police Agency (NPA) thanked TSA Attache Cornell Russell for 
excellent cooperation and explained how APIS operates.  The 
GOJ receives passenger information from airlines, inputs the 
information into its database and compares the passenger list 
against a watchlist.  When NPA finds a credible match-NPA 
gets approximately 100 hits a day-they arrest the individual; 
in January the NPA arrested three suspects and in February 
they arrested two suspects.  Reynolds inquired whether a new 
law would be necessary before the system could be made 
mandatory.  Hayakawa replied if a mandatory system is deemed 
necessary, it might be possible to amend an existing law 
rather than create a new one.  Futa asked whether the people 
arrested were transiting Japan or if Japan was their final 
destination.  Hayakawa clarified that they were Japanese 
nationals and were returning home. 
 
6.  (C) Sky Marshal Program.  Cox asked about the Sky Marshal 
Program, which started operations in December 2004.  Hidehiko 
Fujino from the NPA could not share any details about which 
flights the marshals covered, how many marshals there were or 
what type of weapon they carried, but said that close 
collaboration with the Federal Air Marshals had been very 
valuable.  Cox observed that the U.S. Air Marshals have been 
pleased with the cooperation extended upon arrival by 
Japanese Customs authorities and reiterated his appreciation. 
 MOFA's goal, Shimizu said, was to establish a clear 
bilateral framework by exchanging Notes Verbale in order to 
avoid misunderstanding.  To that end, he recently received 
the Note from DHS and would respond in due course, with 
comments. 
 
7.  (C) Transit Lounges.  Cox noted that the airport transit 
lounges remain a legal no-man's-land and asked about its 
current status.  Imokawa agreed that people still try to 
enter Japan on counterfeit passports and try to abuse the 
lounges, but said the Immigration Bureau is enjoying more 
success.  It forcibly ejected 260 people in 2004, a 100 
percent increase over 2003.  They have increased their 
monitoring of specific flights, such as ones from Thailand, 
and plan to continue strengthening patrols, including ones at 
Kansai Airport.  The Immigration Bureau's jurisdiction begins 
and ends with the immigration booth so the GOJ now regularly 
has both Immigration and Police officials in the area.  He 
thanked U.S. and Canadian immigration officers for various 
training opportunities.  In response to a question by RSO 
Gentry Smith about the fate of the offenders and the 
fraudulent documents, Imokawa said that apprehended 
individuals are deported to their country of origin and the 
fraudulent documents are returned to 
 the respective countries' embassies.  Legal Attache Lawrence 
Futa asked about plans to deal with transiting fugitives and 
Imokawa replied that the GOJ would be able to act if the 
United States could send information about a suspect's 
identity and crime.  The type of crime committed and whether 
the United States had a warrant on the individual would also 
guide the GOJ's response. 
 
8.  (C) Currency Transportation.  Cox noted that Japan has a 
law that requires travelers carrying more than 1 million yen 
to file a report.  He asked about the Ministry of Finance's 
(MOF) experience in collecting the information and how many 
reports are filed in a given year.  Hisanori Shimano said 
that he would have to study the issue and respond later. 
 
Immigration Advisory Program (IAP) 
--------------------------------------------- -- 
 
9.  (C) Cox provided an overview of the IAP program and 
described it as part of a layered defense aimed at preventing 
terrorists from boarding a plane to the United States.  IAP 
is an effort to build upon and revitalize the Immigration 
Control Officer's Program started in the late 1990's by the 
Immigration and Naturalization Service.  The program has been 
successful in the Netherlands and Poland and Cox stressed the 
benefits of the program in Japan.  For example, during Summer 
2004 (excluding the busy Golden Week), 345 passengers that 
boarded at Narita were refused entry into the United States 
and were sent back to Japan at the airlines' expense.  DHS 
proposed starting a pilot program at Narita Airport for four 
Immigration officials for 90 days.  At the end of the 90 
days, the United States and the GOJ will determine whether 
the program should be expanded or reduced.  IAP is a 
reciprocal program and Cox invited the GOJ to consider 
stationing some of its immigration officials in the United 
States.  Shimizu noted that MOFA had received the proposal 
several weeks ago and would study it.  Since the program 
concerns air carriers and foreign officers in restricted 
airport areas, it would require discussion among MOFA, MOJ, 
MLIT, MOF and NPA.  In response to a question about the 
reasons 345 people were denied entry to the United States, 
Cox said fraudulent documents were primarily to blame. 
 
Terrorist Screening Center 
------------------------------------ 
 
10.  (C) Patty Hill briefed on the Terrorist Screening Center 
(TSC) and the TIPOFF database used by the Consular section. 
She emphasized that a wide range of federal and state 
officials can access the system and stressed the value of 
such an interagency tool.  She invited interested individuals 
to the Consular section to see, first-hand, how the system 
works.  Hayakawa asked how many hits the TSC deals with a day 
and Hill said she would get back to him later with details. 
Shimizu asked what would happen if a famous terrorist walked 
in for a visa, and Hill said that she would consult closely 
with the Legal Attache, DHS and the Regional Security Officer 
in such a case.  Shimizu promised to take the presentation 
back to other parts of the GOJ and thanked her for the 
demonstration invitation. 
 
11.  (SBU) Outline of Action Plan 
--------------------------------------------- --- 
 
Urgently Needed Terrorism Prevention Measures 
 
a. Tightened immigration control by taking fingerprints at 
landing examination and visa application (Planned submission 
to the Diet in 2006) 
b. Entry restriction to terrorists (Planned submission to the 
Diet in 2006) 
c. Mandatory advanced submission of crew and passenger list 
by airplane/vessel captain (NPA, MOJ, MOF and JCG will decide 
by 2006 whether participation in APIS should be made 
mandatory) 
d. Denial of entry of terrorists by using ICPO's database on 
lost and stolen passports (MOJ to start developing the system 
in FY2005) 
e. Mandatory check of passengers' passports by air and sea 
carriers (Planned submission to the Diet in 2005) 
f. Assistance to foreign governments to improve travel 
document examination capacity by dispatching document 
examination advisors (Advisors should be dispatched starting 
FY2005) 
 
Firmer Measures to Prevent Activities of Terrorists 
 
a. Thorough identification of foreign guests by hotels and 
inns (MHLW should amend the implementing Rules of Hotel 
Business Law by the end of FY2004; NPA, JCG, MOJ, PSIA and 
MHLW should decide by the 2006 whether to require submission 
of records to the police) 
 
Strengthening Strict Control of Material Potentially Used for 
Terrorist Attacks 
 
a. Establishment of system to control pathogenic 
microorganisms potentially used for bioterrorism (Planned 
submission to the Diet in 2006) 
b. Tightened control over explosive-related material 
potentially used for bomb attacks (MHLW, METI and MAFF should 
issue a ministerial notice by the end of FY2004 to industries 
encouraging tighter control over hazardous material; NPA and 
other ministries should complete a study by the end of 2006 
on the need for additional measures) 
c. Tightened import control through designation of explosives 
as prohibited goods for import (MOF should study the need for 
legislation and, if necessary, submit a bill to the Diet in 
2005) 
 
Firmer Measures to Suppress Terrorist Financing 
 
a. Measures to fully implement FATF recommendations (A study 
on how to apply measures such as Customer Due Diligence and 
submit necessary legislation to the Diet in 2006) 
 
Firmer Measures to Enhance Security of Important Facilities 
 
a. Tightening of security measures for important facilities 
in emergency situations (Study finished by the end of 2005 
and necessary measures taken in FY2006) 
b. Firmer counterterrorism measures at airports and nuclear 
facilities (Study finished by the end of 2005 and necessary 
measures taken in FY2006) 
c. Stronger protection over nuclear material (Amendment of 
the Law for Regulating Nuclear Source Material, Nuclear Fuel 
Material and Reactors to be submitted to the Diet in 2005) 
d. Firmer anti-hijack measures through introduction of Sky 
Marshal Program (Project launched in December 2004) 
 
Reinforcement of Terrorism-related Intelligence Capacity 
 
a. Reinforced terrorism-related intelligence gathering 
through integrated efforts of relevant organizations (Ongoing) 
 
Terrorism Prevention Measures Requiring Continued Study 
 
a. Legislation on basic policy for terrorism prevention 
measures 
b. System to designate terrorists and terrorist organizations 
c. Further measures to freeze terrorists assets 
 
12.  (SBU) Participants: 
 
Japan 
------- 
Shinsuke Shimizu, Ministry of Foreign Affairs (MOFA) 
International Counter-Terrorism Cooperation Division Director 
Fumihiro Kawakami, MOFA International Counter-Terrorism 
Cooperation Division Principle Deputy Director 
Shou Ohno, MOFA International Counter-Terrorism Cooperation 
Division Deputy Director 
Naohisa Shibuya, MOFA International Counter-Terrorism 
Cooperation Division 
Yoko Tsuge, MOFA Global Issues International Organized Crime 
Division 
Sayo Oyagi, MOFA Global Issues International Organized Crime 
Division 
Hiroyuki Yamaya, Cabinet Secretariat Assistant Counselor 
Noriaki Yoshinaga, Cabinet Secretariat 
Osamu Marumoto, Cabinet Secretariat 
Takeshi Hayakawa, National Police Agency (NPA) International 
Investigative Operation Assistant Director 
Hidehiko Fujino, NPA International Investigative Operation 
Assistant Director 
Osamu Takagi, NPA Counter International Terrorism Division 
Police Inspector 
Arihiro Okamoto, Japan Defense Agency Defense Policy Bureau, 
Defense Policy Division Section Chief 
Mitsutoshi Imokawa, Ministry of Justice (MOJ) Immigration 
Bureau General Affairs Division Assistant Director 
Hiroki Shimizu, MOJ Immigration Bureau Entry and Status 
Division Assistant Director 
Tomoaki Nitta, Public Security Intelligence Agency (PSIA) 
First Intelligence Department Attorney 
Atsushi Harigaya, PSIA Second Intelligence Department Second 
Division Chief Intelligence Officer 
Hisanori Shimano, Ministry of Finance (MOF) Customs and 
Tariff Bureau Enforcement Division International Liaison and 
Intelligence Section Chief 
Morio Shinkyou, MOF Customs and Tariff Enforcement Division 
Passenger Processing Section Chief 
Hiroyuki Kondo, Ministry of Land, Infrastructure and 
Transport (MLIT) Civil Aviation Bureau General Affairs 
Division Hijack and Terrorism Prevention Office Chief 
Shuichi Iwanami, Japan Coast Guard Guard and Rescue 
Department Security Division International Maritime Security 
Planning Director 
 
United States 
------------------- 
Carol Reynolds, Political Section Deputy 
Michael Cox, Department of Homeland Security (DHS) Attache 
Raymond Strack, DHS Assistant Attache 
Carlton Roe, DHS Assistant Attache 
Lawrence Futa, Legal Attache 
Gentry Smith, Regional Security Officer 
Patty Hill, Consular Section 
Colonel Patrick Mullen, Air Force Attache 
Lt. Col. Grant Newsham, Marine Attache 
Cornell Russell, Transportation Security Administration 
Representative 
Joseph Hathaway, Drug Enforcement Agency Assistant Attache 
Mike Masters, Regional Affairs Section 
Katherine Monahan, Deputy Financial Attache 
Shawn Flatt, Economics Section 
Ben Lee, Economics Section 
Matthew Wallace, Environment, Science and Technology 
Tandy Matsuda, Political Section 
MICHALAK