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Viewing cable 06FRANKFURT7622, German MOI Standoff on TSA Air Security Inspections

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Reference ID Created Released Classification Origin
06FRANKFURT7622 2006-11-06 14:49 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Consulate Frankfurt
VZCZCXRO0708
PP RUEHAG RUEHDF RUEHLZ
DE RUEHFT #7622/01 3101449
ZNR UUUUU ZZH
P 061449Z NOV 06
FM AMCONSUL FRANKFURT
TO RUEHC/SECSTATE WASHDC PRIORITY 8293
INFO RUEAHLC/HOMELAND SECURITY CENTER WASHDC PRIORITY
RUCNFRG/FRG COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 02 FRANKFURT 007622 
 
SIPDIS 
 
DEPARTMENT FOR EB/TRA, EUR/AGS 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: EAIR KSEC PTER ASEC GM
SUBJECT: German MOI Standoff on TSA Air Security Inspections 
 
 
Sensitive but unclassified; not for internet distribution. 
 
1. (SBU) SUMMARY: The Department of Homeland Security's 
Transportation Security Administration (TSA) regularly conducts 
observations of both U.S. and German carriers in Germany at 
airports with direct service to the U.S., as mandated under U.S. 
law.  Recently, the German Ministry of the Interior (MOI) has 
limited or denied TSA inspectors permission to observe German 
flag carriers at airports in Duesseldorf and Cologne-Bonn.  The 
MOI justifies the decision on the grounds of timing, resources, 
and jurisdiction, arguing that TSA inspections are duplicative 
and pose an unnecessary burden on security personnel.  END 
SUMMARY. 
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - 
"No" to Inspections of German Carriers at Duesseldorf 
- - - - - - - - - - - - - - - - - - - - - - - - - - - 
 
2. (SBU) Before TSA conducts an observation, it notifies in 
writing to entities directly affected by the visits (including 
the airline and airport) with a courtesy letter to federal 
authorities.  Typically, local authorities brief and/or escort 
TSA Inspectors during their observations.  In a letter sent on 14 
 
SIPDIS 
September 2006, TSA Representative (TSAR) announced the intended 
visit of two Senior Aviation Security Inspectors to Duesseldorf 
Airport (DUS) the week of October 16, to observe LTU and 
PrivatAir operations there.  Upon arrival, however, airport 
officials and federal police informed the team that it could not 
conduct the inspection, based on an order of the MOI. 
 
3. (SBU) In subsequent communications, a MOI representative 
referred to a September 21, 2006 letter to TSA (from Mr. Jesko 
Ullrich) in which the MOI: 
-- cited European Commission and ICAO audits of German airports 
as sufficiently rigorous 
-- said that the MOI and airports do not have sufficient 
personnel to escort TSA inspectors for extended inspections 
-- proposed a half-day meeting with security personnel at DUS to 
explain the airport's aviation security plan including a brief 
inspection of the airport (presumably in lieu of a full 
inspection). 
 
4. (U) NOTE: When TSA visits U.S. air carriers, although it sends 
a courtesy letter to notify the MOI and Ministry of 
Transportation (MOT), there is no need for assistance from 
airport officials since the team is escorted by carrier 
representatives.  END NOTE. 
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
Standoff in Cologne-Bonn But Inspection Likely to Proceed 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
 
5. (SBU) A similar situation is pending at Cologne-Bonn Airport 
(CGN).  On October 25, TSA wrote to MOI and MOT officials 
regarding a planned November visit of two TSA inspectors to 
conduct observations of Continental Airlines at CGN.  TSAR 
received an initial email reply from MOI on October 26, 
requesting that the visit be postponed until December (with no 
explanation).  When TSAR referred to TSA's tight schedule and 
explained that the TSA visit in question would only consist of 
observing the U.S. carrier -- i.e., no assistance required from 
airport/police officials -- MOI repeated its opposition to a 
visit in November.  Subsequently, the relevant state transport 
ministry (German state of North Rhine-Westphalia) recommended the 
inspection go forward.  TSA now has indications that the visit 
will proceed as planned on November 7-8. 
 
- - - - 
COMMENT 
- - - - 
 
6. (SBU) MOI attempts to delay inspections through the end of 
November may stem from a planned TSA-MOI meeting in December to 
discuss Germany's new National Quality Control Program (an ICAO 
mechanism for improving and standardizing air security).  The MOI 
appears less flexible on TSA inspecting German flag carriers than 
on inspections of U.S. carriers. 
 
7. (SBU) MOI intransigence may be a sign of things to come, even 
if it eventually acquiesces on the question of TSA inspections at 
DUS and CGN.  In its official communications, the MOI criticizes 
the "duplication of efforts" implicit in TSA inspections and 
asserts that international jurisdiction is limited to ICAO's 
Universal Security Audit Program and the European Commission 
(whereas national jurisdiction is in the hands of the German MOI 
and MOT).  In Germany and elsewhere, expanded European Commission 
efforts are likely to force the issue of TSA inspections as a 
question of resources and jurisdiction.  TSAR reports that TSA 
 
FRANKFURT 00007622  002 OF 002 
 
 
colleagues in other EU member states are also having difficulty 
scheduling inspections; TSAR believes this may indicate that the 
Commission is asserting its authority in the area of airline 
security.  If this is correct, TSA may face difficulties in 
carrying out its congressionally-mandated responsibilities. 
 
8. (U) TSA is continuing to work the issue through its channels. 
 
9. (U) This message was coordinated with TSAR Frankfurt and 
Embassy Berlin. 
 
POWELL