US embassy cable - 03ANKARA1380

UNCLAS SECTION 01 OF 03 ANKARA 001380 
 
SIPDIS 
 
 
DEPT FOR PRM/ANE, EUR/SE, NEA/NGA, IO AND SA/PAB 
NSC FOR JDWORKEN, HMANN, ZKHALILZAD, QUANRUD AND BRYZA 
DEPT PASS USAID FOR NATSIOS; DCHA/OFDA FOR WGARVELINK AND 
BMCCONNELL; ANE/AA FOR WCHAMBERLAIN; USAID/A, DCHA/AA, 
DCHA/RMT, DCHA/OFDA, DCHA/FFP, DCHA/OTI, DCHA/DG, ANE/AA 
AND USAID/AA 
ROME FOR FODOG; GENEVA FOR RMA AND NKYLOH 
EUCOM FOR J3, J5, SOJ7 AND POLAD 
CENTCOM FOR J3, J5 AND POLAD 
PACOM FOR POLAD 
GENEVA FOR RMA 
 
 
E.O. 12958: N/A 
TAGS: EAID, PREF, EFIN, PHUM, AORC, MOPS, PREL, IZ, TU, WFP 
SUBJECT: USAID/DART: NGO REGISTRATION PROCESS IN TURKEY: THE 
WAY FORWARD 
 
THIS CABLE WAS DRAFTED BY THE USAID DISASTER ASSISTANCE 
RESPONSE TEAM AND CLEARED BY EMBASSY ANKARA. 
 
 
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SUMMARY 
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1. HUMANITARIAN NGOS SEEKING FORMAL REGISTRATION IN TURKEY 
CONTINUE TO FACE A CUMBERSOME PROCESS, BUT THE TURKISH 
GOVERNMENT HAS SAID IT WILL CONSIDER EXPEDITED ARRANGEMENTS 
TO ALLOW DELIVERY OF RELIEF TO IRAQ THROUGH TURKEY.  MEMBERS 
OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT'S 
DISASTER ASSISTANCE RESPONSE TEAM (USAID/DART) ARE IN ANKARA 
TO FACILITATE THE REGISTRATION OF NGOS IN THE COUNTRY. 
USAID/DART STRONGLY RECOMMENDS THAT NGOS WISHING TO PROVIDE 
HUMANITARIAN ASSISTANCE TO NORTHERN IRAQ THROUGH TURKEY 
PURSUE A TRANSIT PERMIT IMMEDIATELY.  END SUMMARY. 
 
 
2. THE PROCESS OF NGO REGISTRATION IN TURKEY HAS AND 
CONTINUES TO BE A CUMBERSOME AND COSTLY ONE WHICH FEW NGOS 
HAVE MANAGED TO SUCCESSFULLY NAVIGATE.  THE REGISTRATION 
PROCESS CALLS FOR AN NGO TO SUBMIT EXTENSIVE DOCUMENTATION 
TO THE GOT, WITH A REQUIREMENT FOR HIGH-LEVEL REVIEW OF EACH 
APPLICATION TO REGISTER.  HOWEVER, IN TIMES OF CRISIS, THE 
GOT HAS ALLOWED FOREIGN NGOS TO OPERATE IN TURKEY WITHOUT 
COMPLETING THESE FORMALITIES.  DURING THE 1999 EARTHQUAKES 
IN TURKEY, THE GOT ESSENTIALLY LOOKED THE OTHER WAY TO 
ALLOWINTERNATIONAL HUMANITARIAN ORGANIZATIONS TO RESPOND TO 
THE HUMANITARIAN SITUATION.  ORGANIZATIONS, SUCH AS THE 
AMERICAN RED CROSS, DID RESPOND TO THE DISASTER BUT WITHOUT 
COMPLETION OF THE REGISTRATION PROCESS.  THIS ARRANGEMENT 
LEFT HUMANITARIAN ORGANIZATIONS IN A DIFFICULT SITUATION, AS 
THEY WERE UNABLE TO SEEK LEGAL RECOURSE IN TURKISH COURTS, 
COULD NOT FULLY COMPENSATE STAFF THROUGH SOCIAL SECURITY 
CONTRIBUTIONS, AND EXPERIENCED DIFFICULTIES WITH TAXATION OF 
HUMANITARIAN SUPPLIES FOR THE AFFECTED POPULATION. 
 
 
3. USAID/DART MEMBERS ARE ON THE GROUND IN TURKEY AS PART OF 
THE USG'S CONTINGENCY PLANNING FOR HUMANITARIAN RELIEF FOR 
IRAQ.  USAID/DART MEMBERS, AS WELL AS EMBASSY PERSONNEL, 
HAVE MET WITH THE MINISTRY OF FOREIGN AFFAIRS SEVERAL TIMES 
IN RECENT WEEKS ON NGO ACCESS TO NORTHERN IRAQ VIA TURKEY. 
TWO LIKELY SCENARIOS HAVE EMERGED FROM THESE DISCUSSIONS. 
 
 
4.  NGOS WISHING TO ESTABLISH A PRESENCE IN TURKEY, BY 
PROGRAMMING FUNDS INSIDE THE COUNTRY OR ESTABLISHING AN 
OFFICE, MUST PROCEED WITH THE FORMAL REGISTRATION PROCESS. 
THIS PROCESS IS ONLY FOR NGOS WHO PLAN TO PROVIDE ASSISTANCE 
IN TURKEY. BASED ON INFORMATION PROVIDED BY THE MFA AND 
INTERNATIONAL COMMITTEE FOR RED CROSS AND RED CRESENT 
SOCIETIES (ICRC), USAID/DART BELIEVES THAT THIS PROCESS WILL 
TAKE SEVERAL MONTHS.  MFA INSISTS THAT EXTERNAL RELIEF FOR 
DISTRIBUTION IN TURKEY BE COORDINATED WITH THE TURKISH RED 
CRESCENT AND/OR UN AGENCIES. 
 
 
5.  A SECOND AND MORE PROMISING SCENARIO IS FOR NGOS TO SEEK 
A TRANSIT PERMIT THAT WILL ALLOW HUMANITARIAN ORGANIZATIONS 
TO PASS THROUGH TURKISH CUSTOMS AT THE BORDER TO NORTHERN 
IRAQ, BUT NOT ESTABLISH A PROGRAMMATIC OFFICE OR PROGRAM 
FUNDS INSIDE OF TURKEY.  THE MFA HAS SAID THAT IT WOULD 
CONSIDER NGO APPLICATIONS TO DELIVER HUMANITARIAN RELIEF 
ITEMS IN THE EVENT THERE IS A NEED FOR THEM IN IRAQ.  MFA 
ADVISED THAT THIS PERMIT COULD BE ISSUED WITHIN SEVERAL 
WEEKS.   USAID/DART FEELS THAT THIS OPTION WOULD EXPEDITE 
THE PROVISION OF HUMANITARIAN RELIEF TO NORTHERN IRAQ AND 
ALLOW NGOS TO TRANSIT THROUGH TURKISH CUSTOMS IN A TIMELY 
MANNER.  USAID/DART IS INVESTIGATING WHETHER THIS TRANSIT 
PERMIT WOULD BE SUFFICIENT TO PROVIDE NGOS LEGAL RECOURSE, 
BENEFITS TO EMPLOYEES, AND RELIEF FROM TURKISH TAXATION ON 
PURCHASE OF HUMANITARIAN SUPPLIES. 
 
 
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RECOMMENDATIONS FOR THE WAY FORWARD 
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6.  USAID/DART STRONGLY RECOMMENDS THAT NGOS WISHING TO 
PROVIDE HUMANITARIAN ASSISTANCE TO NORTHERN IRAQ THROUGH 
TURKEY PURSUE A TRANSIT PERMIT IMMEDIATELY.  THE MINISTRY OF 
FOREIGN AFFAIRS ENCOURAGED ALL NGOS SEEKING TO TRANSIT 
HUMANITARIAN RELIEF SUPPLIES TO CONTACT THE MFA DIRECTLY. 
THE CONTACT FOR THIS PROCESS IS THE HEAD OF DEPARTMENT IN 
THE OFFICE OF INTERNATIONAL POLITICAL ORGANIZATIONS.  NGOS 
SHOULD BE PREPARED TO SUBMIT INFORMATION, IN ENGLISH, ON 
THEIR CHARTERS, FOUNDING MEMBERS AND BY-LAWS, AS WELL AS ON 
ANY PRIOR EXPERIENCE IN TURKEY.  USAID/DART ALSO RECOMMENDS 
THAT NGOS CONTACT DART MEMBERS IN ANKARA, AS WELL AS MISSION 
DISASTER RELIEF OFFICER ALDO SIROTIC (TEL. 90 312 455-5555), 
FOR FURTHER INFORMATION ABOUT THIS PROCESS.  USAID/DART 
REQUESTS THAT OFDA/WASHINGTON FACILITATE THE BROADCASTING OF 
THIS INFORMATION TO THE NGO COMMUNITY AS SOON AS POSSIBLE. 
 
 
7. TO DATE, USAID/DART HAS BEEN IN CONTACT BEEN WITH SEVERAL 
NGOS WISHING TO PROVIDE HUMANITARIAN ASSISTANCE THROUGH 
TURKEY TO NORTHERN IRAQ, INCLUDING THE INTERNATIONAL RESCUE 
COMMITTEE (IRC), MERCY CORPS INTERNATIONAL, AND SAVE THE 
CHILDREN/USA.  IRC APPEARS TO BE THE FURTHEST ALONG IN THIS 
PROCESS AND PLANS TO SUBMIT THESE MATERIALS TO THE MFA IN 
THE NEAR FUTURE.  USAID/DART WILL CONTINUE TO MONITOR AND 
REPORT ON THE STATUS OF IRC'S REGISTRATION, AS WELL AS OTHER 
NGOS, TO ENSURE THAT THE PROCESS IS EXPEDITED AND AS 
TRANSPARENT AS POSSIBLE. PEARSON