US embassy cable - 05ROME2005

UNCLAS ROME 002005 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: EAIR, IT, AVIATION 
SUBJECT: ALITALIA NON-COMPLIANCE WITH PASSENGER 
PRE-SCREENING 
 
REF: STATE 094326 
 
1. Econoff delivered reftel diplomatic note to MFA North 
American Office Director Francesco Tafuri May 24.  Tafuri 
told Econoff May 25 that the MFA's legal office would provide 
guidance to the Interior Ministry regarding the legal 
authority, based on international agreements, to prevent 
designated passengers from boarding U.S.-bound flights.  The 
MFA has not yet provided this guidance, however, despite our 
best attempts to expedite the process. 
 
2. Econoff and TSA Rep gave a courtesy copy of the same 
diplomatic note to Interior Ministry Director General 
Alessandro Pansa, Director of Immigration and Border Police, 
May 24.  Pansa expressed a willingness to help resolve the 
current impasse.  However, he told us changes in Italian law 
would be required to authorize Alitalia to prevent passengers 
from boarding flights to the United States.  Econoff cited 
the Chicago Convention and the International Air Services 
Transit Agreement as the relevant authorities permitting the 
United States to prevent any individual from boarding 
U.S.-bound flights.  Pansa admitted his Ministry had not 
considered international treaties, and requested that we prod 
the MFA to provide the Interior Ministry with a legal 
interpretation of the treaties. 
 
3. Econoff also forwarded courtesy copies of the note to 
Transport Ministry Director General Gerardo Pelosi and 
National Civil Aviation Authority President Vito Riggio May 
24.  We have met with both Pelosi and Riggio on the issue, 
and we expect both will be key players in finalizing a 
solution to this problem. 
 
4.  The Ambassador also met with Police Prefect Gianni De 
Gennaro May 31 to follow up on an April 20 discussion of the 
"No Fly" issue with Interior Minister Pisanu.  De Gennaro 
promised to keep working on the problem to find a solution. 
 
5. Comment:  Despite these repeated interventions, the GOI 
still has not allowed Alitalia to take appropriate measures 
to comply with TSA's "No Fly" and "Selectee" regulations. 
Meanwhile, our Alitalia contacts have told us the airline is 
developing a plan to comply with the TSA regulations without 
the blessing of the GOI.  Embassy TSA rep believes Alitalia's 
makeshift solution could be an effective one; however, the 
GOI could question the airline's activities if Alitalia 
prevents passenger boarding without having explicit GOI 
authorization to do so.  End comment. 
 
SEMBLER 
 
 
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 2005ROME02005 - Classification: UNCLASSIFIED