US embassy cable - 05ANKARA6308

UNCLAS SECTION 01 OF 04 ANKARA 006308 
 
SIPDIS 
 
DEPT FOR EB/TRA/OTP AND EUR/SE 
ROME FOR CBP ROBERT STIRITI 
PARIS FOR TSA 
DHS FOR CSI - TODD HORTON 
DEPT PASS TRANSPORTATION DEPT 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: EWWT, PTER, ETRD, PREL, ETTC, KTIA, PBTS, TU 
SUBJECT:  TURKS PRESENT CSI DRAFT AGREEMENT 
 
Ref: (A) STATE 171872 (B) PATRICK/STIRITI E-MAIL 
 
10/07/05 
 
1. (U) This cable is sensitive but unclassified.  Please 
protect accordingly. 
 
2. (SBU) Summary:  On October 12, GOT MFA Maritime 
Director Basat Ozturk presented emboffs with a GOT draft 
of an agreement that would implement the Container 
Security Initiative (CSI).  Ozturk focused on the 
importance of the agreement to the process of starting 
CSI in Turkey and stressed that it should focus on 
general principles.  While this is welcome progress, 
post points out that a number of administrative details, 
including NSDD-38 approval, would have to be resolved 
before implementation.  End summary. 
 
3. (U) On October 12, econoff and EXBS Advisor met with 
MFA Head of Maritime Department, Basat Ozturk.  Ozturk 
assured emboffs of the GOT's continued support for 
security-related maritime initiatives, including the 
current SUA Convention negotiations taking place October 
10 - 14 (ref A). 
 
4. (U) Ozturk provided econoff with a copy of the GOT's 
draft of an agreement to implement the Container 
Security Initiative (CSI).  Ozturk stated that his goal 
was to keep this document as simple and concise as 
possible while making it general enough to maintain its 
long-term applicability.  For example, because the GOT 
is currently privatizing many of its ports, Ozturk 
believes that one day another port, such as Mersin, 
could eclipse the Port of Izmir as the major transfer 
point for goods coming from or going to the United 
States.  In addition, the GOT included language that 
would make it possible for Turkish officials to work at 
US ports, if such an option ever became feasible for the 
GOT.  (According to Ozturk, the agreement was drafted 
using the 1996 Customs Agreement between the GOT and the 
USG as its framework.) 
 
5. (U) Emboff informed Ozturk of DHS's offer to provide 
one Smith CAB2000 non-intrusive inspection device (ref 
B) for use at the Port of Izmir for CSI and explained 
DHS's stipulations for Turkey's use of this equipment. 
Ozturk responded that now he would prefer to focus on 
the important task of securing an agreement between the 
USG and the GOT, after which details such as the 
detection equipment could be worked out. 
 
6. (U) Ozturk maintained that once an agreement is 
finalized between the USG and Turkey, he foresees a 
quick progression through the Prime Minister's office 
and, if necessary, Parliament for ratification.  He 
optimistically predicted that having such an agreement 
would ease implementation because the funding would be 
allocated in the budget at the time of ratification. 
Such an agreement would protect the government agencies 
involved and also bind them to completing the 
implementation.  His main point, he emphasized, was that 
"Turkey is on board and ready for CSI.  We want to move 
forward on this." 
 
7. (SBU) Comment:  Ozturk strove throughout the meeting 
to project a positive outlook for CSI.  Post looks 
forward to working with ICE Attache Rome and interested 
Washington-based agencies during the negotiation and 
implementation process.  We also point out that a number 
of post-specific administrative details related to 
security and support, as well as NSDD-38 approval, will 
need to be resolved before ICE officers can be assigned 
to Turkey.  End comment. 
 
8. (U) Begin text of GOT proposed draft CSI Agreement: 
 
DRAFT AGREEMENT BETWEEN THE CUSTOMS ADMINISTRATION OF 
THE REPUBLIC OF TURKEY AND THE CUSTOMS SERVICE OF THE 
UNITED STATES OF AMERICA REGARDING THE IMPLEMENTATION OF 
THE CONTAINER SECURITY INITIATIVE (CSI) AT DESIGNATED 
PORTS OF BOTH COUNTRIES 
 
The Customs Administration of the Republic of Turkey and 
the Customs Service of the United States of America 
(hereinafter referred as the "Parties"); 
 
Considering the principles and terms set forth in the 
"Agreement Between the Government of the Republic of 
Turkey and the Government of the United States of 
America Regarding Mutual Assistance Between Their 
Customs Administrations" signed on 28 March 1996; 
 
Recognizing the long-standing close and productive 
relations between the Customs Administration of the 
Republic of Turkey and the Customs Service of the United 
States of America; 
 
Being convinced that this cooperation can be further 
improved by intensifying the exchange of information and 
best practices between the two customs authorities; 
 
Recognizing the high volume of trade between Turkey's 
seaports and seaports of the United States of America; 
 
Bearing in mind the World Customs Organization 
Resolution on Security Facilitation of the International 
Trade Supply Chain adopted in June 2002; 
 
Being convinced that there is a need to deter, prevent, 
and interdict any terrorist attempt to disrupt global 
trade or to make use of commercial shipping to further 
their own schemes; 
 
Supporting the Container Security Initiative (CSI), 
which is designed to safeguard global maritime trade by 
enhancing cooperation at seaports worldwide to identify 
and examine high-risk containers and ensure their in- 
transit integrity; 
 
Have agreed on the following provisions; 
 
Article 1 
 
The Parties shall intensify bilateral customs 
cooperation, including in particular on the 
implementation of the Container Security Initiative in 
accordance with the guidelines provided in Annex A, 
which shall constitute an integral part of the 
Agreement, at designated ports of both countries, within 
the framework of the "Agreement Between the Government 
of the Republic of Turkey and the Government of the 
United States of America Regarding Mutual Assistance 
Between Their Customs Administrations" of 28 March 1996. 
 
Article 2 
 
On this basis, the Parties shall exchange information 
and work together closely to ensure the identification, 
screening, and sealing of high-risk containers. 
 
Article 3 
 
U.S. Customs officers, who will work in accordance with 
the guidelines provided at Annex A, shall be stationed 
at Turkey's designated seaports with significant volume 
of commercial traffic to the United States of America. 
 
Turkish customs officers shall be stationed at U.S. 
seaports, upon the request of the Customs Administration 
of the Republic of Turkey with the same aim and under 
the same conditions established in this Agreement and 
its Annex. 
 
Article 4 
 
The Parties shall consult closely on the implementation 
of this program to ensure continued effectiveness and 
mutual benefit of bilateral customs cooperation. 
 
Article 5 
 
The Parties shall consult at the earliest possible 
opportunity with a view to settling any third party 
claim in respect of CSI inspections upon the request of 
either Party. 
Article 6 
 
This Agreement shall enter into force on the date the 
Parties have notified each other in writing through 
diplomatic channels that the necessary internal 
ratification procedures have been completed. 
 
The Agreement shall remain in force until three months 
from the date on which either Party notifies in writing 
through diplomatic channels the other Party its 
intention to terminate the Agreement. 
 
Done in ________ this __________ day of ______________ 
in two original copies in Turkish and English languages, 
both texts being equally authentic. 
 
On behalf of the Turkish Customs Administration 
 
On behalf of the U.S. Customs Services 
 
Annex A: Guideline for the Implementation of the 
Container Security Initiative (CSI) at Designated 
Turkish Ports 
 
Recognizing the following brief contents of the 
Container Security Initiative (CSI); 
 
"CSI is an anti-terrorism initiative that targets and 
pre-screens containers, which may pose a risk for 
terrorism at designated ports of lading.  The 
implementation of CSI at the Turkish ports shall 
include, inter alia, the following: 
 
-- Using intelligence and automated information to 
identify and target containers that pose a risk for 
terrorism. 
-- Using non-intrusive detection technology to quickly 
pre-screen those containers that pose a risk at the port 
of departure before they arrive at U.S. ports. 
-- Deploying CSI team works in the host country to 
identify and target high risk containers in cooperation 
with the host government which will conduct the 
inspections when deemed appropriate while the U.S. CSI 
team observes. 
-- Thus, increasing security and facilitates flow of 
legitimate trade by allowing pre-screened containers to 
enter the U.S. without delay." 
 
This Guideline, which is prepared in line with Article 3 
of the Agreement to which it is annexed, aims to arrange 
the principles of cooperation between the Turkish 
Customs Administration and the U.S. Customs officer(s) 
stationed at designated Turkish seaport(s).  As such; 
 
1-The number of U.S. Customs officer(s) and the Turkish 
seaports to which they will be deployed shall be subject 
to the consent of the Turkish Customs Administration. 
 
2-The examination of the cargo containers that pose a 
risk for terrorism shall be conducted by the Turkish 
Customs Administration.  U.S. Customs officer(s) shall 
operate under the supervision of the Turkish Customs 
Administration and shall only observe the security 
screening.  U.S. Customs officer(s) shall not be 
entitled to exercise any law enforcement authority and 
shall not possess and carry firearms.  U.S. Customs 
officer(s) shall abstain from any activity that is not 
consistent with the aims and purposes of the Agreement 
and this Guideline. 
 
3-U.S. Customs officer(s) shall not have diplomatic 
status.  They shall be subject to Turkish laws and 
regulations and shall not enjoy any privilege or 
immunity.  As such, U.S. Customs officer(s) shall be 
promptly issued with the necessary working permission by 
the Ministry of Labor and Social Security. 
 
4-U.S. Customs officer(s) shall wear a pass provided by 
the Turkish Customs Administration for access to certain 
areas at the designated Turkish ports.  Access to other 
areas and locations by the U.S. Customs officer(s) shall 
be subject to prior consent and approval of the Turkish 
Customs Administration. 
5-U.S. Customs officer(s) shall not transfer any 
information obtained during the pre-screening activities 
at designated Turkish ports to any third party without 
prior consent and approval of the Turkish Customs 
Administration in writing.  The U.S. Customs officer(s) 
shall provide information to the Turkish Customs 
Administration concerning the monitoring reports to be 
submitted to the U.S. Customs Administration. 
 
6-The U.S. Customs Officers shall not take any document 
or data out of Turkish Customs territory without the 
permission of Turkish Customs. 
 
7-Establishment and operation of any communication and 
data exchange equipment require prior approval of the 
Turkish Authorities. 
 
8-The Turkish Government shall not bear any functional 
or personal costs of the U.S. Customs officer(s). 
 
9-The issues not mentioned in this guideline shall be 
evaluated and tackled by the Turkish Customs 
Administration in consultation with the U.S. Customs 
Service.  End draft agreement text. 
MCELDOWNEY