Highlights
– US proposes requirement for US Marshals to accompany all US bound flights
– Proposal receives mixed criticism from EU officials, member nations
– US negotiating bilaterally will boost bargaining leverage with EU
The United States is currently proposing a new set of security guidelines to European Union (EU) member nations regarding transatlantic flight security. The proposed measures are designed to better prepare US law enforcement to undermine terror networks seeking to utilize Europe as a platform for attacks. Among the several new features of the US-proposed memorandum of understanding (MOU), the most notable and controversial measures include:
• Requiring an armed US Marshal on board all transatlantic flights operated by US airlines.
• Implementing a new electronic transport authorization system that would require Europeans, who seek to fly to the US, to apply for online security permission prior to be being permitted to reserve or purchase tickets.
• Provide extra data items for passengers flying over, but not landing in, US territory, for example flights bound for the Caribbean or Central America.
The new measures come weeks after Department of Homeland Security (DHS) Secretary, Michael Chertoff, publicly reminded citizens of the persistent determination that terror networks seek to take advantage of US visa-waiver agreements with European nations. Chertoff cited recent reports in the United Kingdom where al-Qaeda is recruiting “Anglo-looking” Europeans to undergo training in Pakistan (Source).
Using the passenger name record system (PNR), the US already receives 19 items of data for each passenger entering the country from Europe. While the new measures would certainly beef up security for transatlantic flights, such a system, combined with the existing PNR data exchange, could raise several legal issues and threaten the flow of transatlantic travel and commerce. The EU’s executive body is expected to release a formal response to the plan in the coming days. If the EU does not comply with the new security measures, it is possible that the US could revoke visa-free travel from participating EU nations.
Using the VWP as Bargaining Leverage
A total of 22 European countries participate in the US Visa Waiver Program (VWP). Visitors from these countries with valid passports are allowed to enter the US for up to 90 days without having to obtain a visa. The program has helped generate transatlantic commerce and travel.
The US is also negotiating with EU nations bilaterally who are non-participants of the US visa-waiver program, including the Czech Republic, Greece, and Estonia. This is likely an attempt to boost bargaining leverage for the US. Several of these nations, including Greece and the Czech Republic have large diasporas in the US, and would greatly benefit from the VWP. According to Karel Schwarzenberg, the Czech foreign minister, the Czech Republic will likely accept the MOU terms in agreement by the end of February.
Outlook
As demonstrated by the foiled 2006 airliner plot in the United Kingdom, terror networks will continue to incorporate airliners as integral components of a terror plot (Previous Report). Requiring US Marshals on all flights bound for the US is not far off from current practices in major European cities. For example, in May 2007, a handful of US Marshals were required to fly on all flights originating in Frankfurt, London, and Manchester, while Germany and France also carry out this practice routinely.
The new electronic transport authorization system will likely receive the harshest criticism from EU nations. However, the EU’s recent security proposal for implementing a biometric system for all non-European visitors, suggests that the EU may not oppose a visa obligation for US citizens in the long-term. Pending the EU response, the proposal represents an opportunity for the US to strengthen transatlantic security, while also improving bilateral ties with EU members seeking to participate in the VWP.
