US embassy cable - 05BRASILIA2785

UNCLAS SECTION 01 OF 02 BRASILIA 002785 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EB/TRA - EKLOTH AND BMATTINGLEY 
HOMELAND SECURITY PASS TO TSA VICKI REEDER 
BUENOS AIRES FOR TSA 
 
E.O. 12958: N/A 
TAGS: EAIR, PTER, ASEC, Transportation Issues 
SUBJECT: BRAZIL'S RESPONSE TO APIS+ DEADLINE 
 
REF: A) STATE 181546, B) BRASILIA 1028 
 
1. (U) Summary. On October 3, the evening before the 
published deadline for implementation of the APIS+ measures, 
the Brazilian Foreign Ministry sent Embassy Brasilia a Non- 
Paper relaying its concerns about the additional reporting 
requirements.  Post requests guidance from Washington on how 
to respond to the GOB.  End Summary. 
 
2. (SBU) The Brazilian Foreign Ministry sent a Non-Paper 
(set forth at paragraph 5) to the U.S. Embassy in Brasilia 
on the evening of October 3 that affirms the GOB's 
commitment to cooperating with the U.S. on aviation 
security, but which also outlines GOB concerns regarding the 
APIS+ additional reporting requirements.  In sum, the GOB 
believes that these requirements go beyond international 
agreements.  We had heard rumblings earlier from the 
Brazilian civil aviation department (DAC) that the airlines 
would have trouble complying with the October 4 deadline, 
especially if "APIS 60" were to be implemented.  The October 
3 note from the Foreign Ministry, however, was the first 
that we had heard that the Brazilians may have concerns 
regarding the reporting requirements of APIS+ as a matter of 
principle, not only as a technical matter. 
 
3. (SBU) During the implementation of the PNR data sharing 
program, Brazil resisted cooperation initially for political 
reasons as the airline Varig appeared unable to overcome the 
technical hurdles.  In the end, the data flowed, but not 
without the USG having to mount considerable pressure and 
face significant delays. (Ref B)  Unfortunately, we believe 
this Non-Paper, and the subsequent meeting between State and 
the Brazilian Embassy in Washington, may signal that the 
APIS+ implementation process may not be easy either.  On the 
other hand, it is unclear at this point whether the position 
reflected in the Non-Paper is a Foreign Ministry initiative 
only, or if it has the backing of the DAC or the airlines 
(one of which, Varig, reportedly requested an extension for 
compliance).  Follow-up reporting will be provided as 
additional information is available. 
 
4. Action Request - Post requests guidance on how to respond 
to the Brazilian non-paper. 
 
5. (SBU) An unofficial translation of the GOB Non-Paper 
follows: 
 
Begin text. 
 
Non-Paper on "Advanced Passenger Information System Plus" 
(APIS+) 
 
-- The Brazilian government has been following with concern 
the projected adoption of measures in the field of civil 
aviation known as "Advanced Passenger Information System 
Plus" (APIS+). 
 
-- The National Union of Airline Companies (SNEA) advised 
the Ministry of Foreign Affairs that as of October 4 the 
specialized U.S. government agencies (Customs and Border 
Protection - CBP and Transportation Security Administration 
- TSA) plan to require that airlines who operate flights to 
the U.S. collect and send additional information, not 
included on passports, with regard to passengers who are not 
U.S. citizens or authorized residents of the U.S. 
 
-- The information requirement and timing for supplying it 
is special cause for concern to the airline companies and to 
the Brazilian government.  The technical difficulties 
inherent in obtaining the requested information at the time 
of departure will cause insurmountable hardships in airports 
that already operate near the limit of their capacity, which 
will adversely affect all flights, international as well as 
domestic. 
 
-- The Brazilian government understands that the requirement 
for this kind of information corresponds in practice to the 
transfer of immigration control procedures not covered under 
the jurisdiction of U.S. law - a privilege characteristic of 
state sovereignty - normally done in the territory of the 
country who receives the visitors, or previously, by the 
appropriate consular authority at the time the visa travel 
request is analyzed. 
 
-- The Brazilian government notes that the international 
norm established by the International Civil Aviation 
Organization (OACI), in item 3.47 of Annex 9 (Facilitation - 
12th edition) to the Convention on International Civil 
Aviation, recommends that when appropriate, the Contracting 
States establish a system of advance passenger information 
that involves collection of data contained on passports or 
visas, before departure.  The same edition of Annex 9 also 
stipulates, in item 3.47.1, that when the passenger 
identification information to be transmitted is specified, 
the Contracting States should require only information 
available via mechanical scanning of travel documents. 
Annex 9 further establishes, in item 3.47.2, that the 
Contracting States shall refrain from imposing fines or 
penalties on airline operators for any errors resulting from 
system failures resulting in non-transmission or 
transmission of incorrect information. 
 
-- In this regard, it should be noted that Brazil has not 
yet adopted mechanical scanning of travel documents, which 
should take place starting next year, in compliance with 
international norms on the subject. 
 
-- The Brazilian government has made very effort to 
cooperate with the U.S. government initiatives to strengthen 
air and maritime transportation security, for we share the 
same concerns.  Notable in this regard are the positive 
results of meetings for the purpose of sharing Passenger 
Name Record (PNR) data, under conditions still to be 
formalized by the parties, and the establishment of 
guidelines for reciprocal visits to ports and airports in 
both countries. 
 
-- Therefore, the Ministry asks the Embassy to pass these 
observations to the appropriate U.S. government authorities, 
with a request to reconsider adoption of APIS+ for Brazilian 
airline flights, since these measures go beyond 
international commitments defined by competent multilateral 
organizations. 
 
End text. 
 
6. (U) This cable was cleared and coordinated with Consulate 
General Rio de Janeiro. 
 
DANILOVICH