DOS Memo re: Background on Key Issues

State Department memo on key issues covering several areas of State Department concern.

Doc_type: 
Non-legal Memo
Doc_date: 
Thursday, October 31, 2002
Doc_rel_date: 
Tuesday, January 11, 2005
Doc_text: 

UNCLASSIFIED
RELEASED IN PART
B5,•B1, 1.4(D), B7(A) SECRET/NOE'ORN

ZZ
Background on Key Issues

1. (U) U.S./Canada Relationship: Our bilateral relationship is perhaps the closest and most extensive in the world. Over $1.2 billion in trade each day and 200 million people per year cross our border, and the U.S. and Canada cooperate extensively in multilateral fora including the UN,'NATO, the OSCE, the OAS, APEC and the G-B. Canada is one of our strongest supporters in the battle against terrorism, providing ships, planes and troops for the campaign, and sharing intelligence. Under NORAD, Canadian aircraft help defend North America.
Border/Immigration
2. (must do) (SBU) NSEERS/Travel Warning: On October 29, the
Canadian Government released a travel warning for Canadians who
were born in or also had the citizenship of one of the five
National Security Entry/Exit Registration System (NSEERS)
countries--Iran, Iraq, Syria, Sudan, and Libya, warning that
they may be subject to fingerprinting at U.S. -ports of entry.
The warning was released without any advance notice to us (and
was withdrawn on November 6.) Foreign Minister Graham and others
feel this is an onerous requirement for Canadian dual nationals
and divides Canadian citizens into two classes. The travel
warning received considerable media attention and was raised in
the Canadian Parliament on October 30.

(SBU) In late September, in response to Canadian concerns about
the NSEERS, the USG changed the treatment of Canadian citizens
born in the five countries so that place of birth by itself
would not automatically trigger registration.1 B5

I As
enforcement of NSEERS with Canadian dual nationals will still
depend in part on the individual inspector's discretion, or on
sensitive database information, there may still be cases
publicized in the future that cannot be fully explained to the
Canadian government or media.

(SBU) The goal of NSEERS is to allow the United States to more accurately track the arrivals and departures of certain aliens.
U.S. immigration officials reserve the right to register any
aliens, including Canadians, who they believe pose a threat to
the United States. The U.S. has already registered aliens from
more than 100 countries from around the world using
intelligence-based criteria.

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE CLASSIFICATION: SECRET REASON: 1.4(D) DECLASSIFY AFTER: 31 OCT 2027 SECRET/NOFORN DATE/CASE ID: 10 JAN 2005 200303827.
UNCLASSIFIED
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3. (if raised) (U) Safe third: PRM is finalizing a.C175
requesting signing authority from you. Once that is in place, signing could take place any time. This is Canada's top priority in the "Smart Border Accord" and itis important they understand that this policy is of little benefit and significant cost to the USG. We should expect to see similar advancement on other issues by the GOC.
4..(If raised)(u) Border Security: While significant progress

has been made on much of the Ridge/Manley Smart Border Accord,

some problems remain. Canadian concerns about privacy and

individual rights issues have complicated agreement on sharing

of information. The Canadians have proposed adding a few points

to the Ridge-Manley 30-point action plan, and we are reviewing

their proposals.

,--­
r5. (if raised) (S/NF) Maher Arar: B 1
(S/NF) Arar sought entry into the U.S.. at JFK airport on
September 26, 2002, as a Canadian citizen. He arrived on a
flight from Switzerland. INS detained him for interrogation

II At

an administrative hearing on October 8, Azar was ordered

B1
removed. I

1

I

He is

1

currently incarcerated in Syria.

/1_!----•

• 6. (if raised) (SW) Michel Jalbert: Jalbert was arrested on
October 11 as an illegal alien in possessioh of a shotgun when
he entered the U.S. at the Quebec/Maine border between
designated ports of entry. His preVious criminal record in
Canada mandated that he obtain a waiver prior to entry into the

SEcRET/NOFORN

a .
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U.S. The Border Patrol had intercepted him twice before, warned
him to report to ports of entry to apply for admission and then
returned him voluntarily to Canada. On this third illegal
entry, the Border Patrol arrested him. He remains in detention
and is being charged criminally as an illegal alien in
possession of a firearm.

B1
8. (if raised) (ur) Commonwealth Visas: Currently Canadian
landed immigrants from Commonwealth countries do not require
visas to enter the U.S. The Department and INS are planning to
require them to obtain visas, but implementation has been
delayed. INS and State have consulted extensively with the GOC
on this. When these plans leaked last week they were widely
criticized in the Canadian press, but PM Chretien and FM Graham
publicly recognized the right of any country to establish its
visa policies.

B1

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B1
SECRET/NOFORN

...
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B1

Trade Issues

16. (Lest do) (0) Steel: The Canadian PM is expected to decide
this month whether to impose a steel safeguard, which might
include U.S. products. USTR has advised Canada that the U.S.
would consider such an action contrary to NAFTA and that nothing
short of total exclusion would be appropriate. Moreover, a
safeguard measures against U.S. steel could provoke retaliation
or the surge protection mechanism, which would apply our
safeguards to Canadian steel, should its imports be shown to be
substantially increased. The Administration exempted Canada,
along with other countries that have a FTA with the U.S., from
its Section 201 steel safeguard action last March.

.

a DOS 002909 •
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B1

18. (Watch out for) (U) Wheat: On September 16, the North Dakota
wheat Commission (NDWC), representing an estimated 19,500 wheit
farmers, filed antidumping and countervailing duty petitions
with the Department of Commerce. The NDWC wants the USG to
impose duties to offset Canadian subsidies and the dumping of
hard red spring and durum wheat on the U.S. market. The ITC has
launched an investigation with a preliminary injury finding due
Nov. 19. USTR announced in February that the USG was considering
a WTO challenge to the CWB. In September, a U.S. Congressman
announced that a decision had been made by USTR, but USTR has
made no public announcements. Previous USG challenges to the
Wheat Board in WTO have not prospered.

B1

•. DOS 002910 •
UNCLASSIFIED
SECRET/NOFORN

B1

Special Summit of the Americas

22.
(if raised) Bolding a Special Summit: PM Chretien has spoken
with Brazil's President-elect Lula about the Summit and Lula's
team is "reflecting." Lula's team has also been approached by
Mexican FM Castaneda, who is also pushing the Summit idea. It
will be important to indicate our strong support and to get FM
Graham's sense of how the proposal is faring.

23.
(if raised) Theme: We believe the summit should be limited

in scope to allow leaders time for in-depth discussions and
support the Canadian proposal to focus on strengthening
democratic institutions and the rule of law. We have received a
"close-hold" version of the redraft of their concept paper, and
will provide comments shortly.

24. (if raised) Venue and Timing: The White House has told us
that the President favors holding a summit, but that May 2003
will not work for him to attend. We need to start looking at
other possible dates. We have supported Mexico as host, despite
their foreign ministry's decidedly lukewarm support for the
proposal.

Other Issues

DOS 002911

UNCLASSIFIED
SECRET/NOFORN

25. (Watch our for) (U) State Visit to Canada: On November 7,
NSC told WHA/CAN that Canada was requesting that a state visit
to Canada be scheduled. Consideration of this request is
pending.

B7(A)
B5, B7(A)
DOS 002912
UNCLASSIFIED
SECRET/NOFORN

B5, B7(A)
28. (Watch out for) (U) Clean Energy Credit under Kyoto: At the
recently concluded COP-8 meeting in New Delhi, Canada
unsuccessfully pushed a proposal that it be granted a credit
under the Kyoto protocol for exports of "clean energy" (natural
gas or hydro generated electric power) to the U.S. A GOC fall­back proposal for a two-year study on the concept of a credit
for traded energy also failed to win support. The U.S.
delegation spoke against both the original and the study
proposals in New Delhi, to the strong disappointment of the
Canadian delegation. We concluded that, like the original
proposal, the study would raise enormously difficult issues
concerning the greenhouse gas emissions impact of traded goods
and could hurt our interests in future emissions regimes under
the auspices of the UN Framework Convention on Climate Change

(UNFCCC). We also opposed it because of the dangerous precedent
it would set by bringing a non-Party (the U.S.) into the Kyoto
process. Kyoto ratification has become an intensely debated
issue in Canada since Prime Minister Chretien's surprise
announcement at the WSSD that he would submit it for
parliamentary ratification before the end of this year.

29. (Watch out for) Canadian Citizen Trades With Cuba: A
federal jury returned guilty verdicts against two U.S. citizens
and James Sabzali, a Canadian citizen, for violating the 41­year-old U.S. trade embargo against Cuba, the Trading With The
Enemy Act, by sending $2 million in water-purification materials
through foreign intermediaries to Cuba.

Sabzali did not testify in his defense. His attorneys
maintained that he believed he was not covered by the U.S.
embargo because he is Canadian and before 1996, worked for Bro-
Tech in Canada. Prosecutors, however, argued that foreign
citizens living in the United States are bound by U.S. laws,

including the Cuban embargo.

Canada's Ministry of Foreign Affairs (DFAIT) sent an emissary to
WHA/CAN on April 25 to register that country's concern about the
April 2 conviction of James Sabzali. The legal aspects of the
case were not discussed. The GOC is looking into the conviction
to determine whether Sabzali was simply upholding Canadian law
by refusing to adhere to the U.S. trade embargo against Cuba.
The Canadians believe 8 of the 20•counts of the conviction were
for Sabzali's actions while he lived and worked in Canada (1992-

MIL DOS 002913
.
-UNCLASSIFIED
SECRET/NOFORN

1996), while the remaining 12 counts were for actions while
working in the head office in Philadelphia (1996-2000).

Department officials have declined to comment on the Sabzali
case, pending disposition of the appeal. We informed the
Canadians that it was inaccurate to say that Mr. Sabzali's
activities were conducted "entirely within (Canadian)
jurisdiction" during this period. On the contrary, Mr.
Sabzali's activities were primarily directed at, and in, the
United States.

DOS 002914 ow

UNCLASSIFIED
RELEASED IN PART
SECRET/NOFORN

Bl, 1.4(D), B5, B7(A)
Canadian Foreign Minister William Graham

You last met.Wright at

1. (0) U.S./Canada Relationship: Canada is our largest trading
partner, largest foreign energy supplier, and a key ally. we
have worked closely together in the war on terrorism, from

border management to law enforcement to intelligence. Canada
continues to make a significant military contribution to
Operation Enduring Freedom.

Border/Immigration Issues

2.
(must do) (SBU) NSEERS/Travel Warning: Understand the travel
warning was withdrawn, but would have preferred that the GOC had
consulted with us before'issuing it. USG responded to Canadian -•
concerns back in September and altered program so not based
solely on country of birth for Canadian citizens. NSEERS is an
important security measure for us.

3.
(if raised) (U) Safe third: Hope to be able to sign
agreement by the end of, the year. This is a significant burden
for U.S., but we understand the need to advance on all 30 points
of border plan.

4.
(if raised)(U) Border Security: Good progress made so far in
developing a safe, secure and efficient border. Still have
significant progress to make on sharing of information and other
tough issues. Important .to continue progress on areas of broad
agreement and not be hampered by disputes over details. We are
reviewing Canadian proposal to add additional points. (see tab 6
on "Progress on the Smart'Border Accord").

B1
6. (if raised) (SBU) Michel Jalbart: A border enforcement case
that is more complex than the Canadian press has reported.
Prosecution is being pursued through normal channels. Border
security standards should apply to everyone.

B1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE CLASSIFICATION: SECRET REASON: 1.4(D) DECLASSIFY AFTER: 31 OCT 2027 •.gECRET/NOFORN DATE/CASE ID: 10 JAN 2005 200303827
UNCLASSIFIED
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UNCLASSIFIED
SECRET/NO FORN

B. (if raised) (U) Visas for Commonwealth Citizens: We have
consulted extensively with the GOC on this. It is a necessary
step to standardize visa requirements, so all citizens of
particular countries require.visas even if landed immigrants.

B1
e•
14. (must do) (U) War on Terrorism: Pleased that U.S. and
Canadian forces.have worked well together in the Afghanistan
theater. Appreciate Canadian support for strong UNSC resolution
on Iraq. Brief Canadians on next steps on Iraq. Canadians may
ask about U.S. policy toward North Korea..

B1
SEcRET/NOFORN

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B1
Trade Issues

16.
(must do) (U) Steel: Complete exclusion of U.S. steel from
any safeguard remedy is both necessary and appropriate.

17.
(watch out for) '(7) Softwood Lumber: Seek marketoriented

-

reform of Canada's lumber practices; Commerce will consider the
impact of such reforms and could reduce the currently imposed
countervailing duties if reforms sufficiently eliminate Canadian
subsidies; our goal is durable, long-term solution to the
dispute.

18. (watch out for) (U) Wheat: Believe sales and prices of
agricultural products between the U.S. and Canada should be on
basis of free and open markets; the Government of Canada grants
the Canadian wheat Board special monopoly rights and privileges
which undermines the integrity of our trading system; IF ASKED:
As indicated in USTR's announcement in February, the USG is
considering a WTO challenge to the Canadian Wheat Board.

Haiti/Other Regional Issues:

19. (if raised) (U) Haiti: Disappointed Provisional Electoral
Council not formed, but a short delay may.yet allow for
progress. GOH needs to fulfill its obligations under OAS
Resolution 822. We continue to support OAS Special Mission;
glad to hear Canada is considering more financial assistance.

B1
21. (if raised) (U) Inter-American Convention Against
Terrorism: President Bush will be sending the Convention to the
Senate soon for advice and consent on ratification. Will Canada
be signing soon?

SECRET/NOFORN


DOS 002917
_UNCLASSIFIED
SECRET/NOFORN

Special Hemispheric Summit

22.
(if raised) Holding a Special Summit: support holding a
special hemispheric summit; interested in reactions from others
and Canada's take on discussions at SIRG; any further word from
Lula's team regarding the proposal?

23.
(if raised) Themes: support focus on strengthening

democratic institutions and rule of law; need to discuss how to
incorporate commitment to democracy, sound macroeconomic
policies and market-led economies; reviewing Canadian redraft of
their concept paper.

24. (if raised) Venue and Timing: Support Mexico as Summit
host; May 2003 timeframe is not good for White House.

Other Issues:

25. (Watch out for) (U) State Visit to Canada: Have just heard
about PM's invitation; we are following Up with the WH.

B7(A)
B5, B7(A)
28; (Watch out for) (U) "Clean energy" Credit under Kyoto:
after careful deliberation, concluded we had to oppose your
proposals concerning possible credits for clean energy exports
at COP-8 because they could harm our interests under the UN
Framework Convention on Climate Change.

29. (Watch out for) (U) Canadian Citizen Trades With Cuba.
Canadian citizen James Sabzali was convicted in April in a
federal court in Philadelphia of violating the Trading With The
Enemy Act for transactions involving property in Cuba, while he
was working both in the U.S. and Canada. The GOC expressed
concern that Sabzali may have been simply upholding Canadian law

SECRET/NOFORN

DOS 002918
LASSIFIED

SECRET/NOFORN

by refusing to adhere to the U.S. trade embargo against Cuba for
those transactions while resident in Canada.

DOS 002919 in

UNCLASSIFIED
RELEASED IN PART
Bl, 1.4(D) CONFIDENTIAL
Canadian Assistant Deputy Foreign Minister, Americas, Marc
Lortie

Lortie met with Assistant Secretary Reich on November 8 in
Washington. Lortie has been an .open,'friendly interlocutor

in several meetings since his July 2001 appointment to his
current position. A former Canadian Ambassador to Chile,
the versatile‘Lortie has been posted in Washington and,
from 1987 to 1989, served as Press Secretary to Prime
Minister Mulroney.

Special Hemispheric Summit

1. (must do) Planning for a Special SUMMiti Note that we
have reviewed the Canadian redraft of their concept paper
and provided informal comments to DFAIT; support focus on

-governance issues; May 2003 timeframe is not good for'White House; any discussions with Mexico regarding theme/timing? any further word on Lula's position?
B1
4. (must do) (U) Inter-AMsrican Convention Against Terroriemi Congratulations on being among the first OAS member states to ratify the 'Inter-American Convention Against Terrorism. President Bush sent the Convention to
UNITEDSTATESDEPARTMENTOVSTATE REVIEW AUTHORITY: HARRY R MELONE

CONFIDENTIAL
CLASSIFICATION: CONFIDENTIAL REASOA: 1.4(U)

UNCLASSIFIED
DECLASSIFY AFTER: 310012021 DATE/CASE ID: 10 JAN 2005 200303827
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• UNCLASSIFIED.
CONFIDENTIAL

the Senate November 22 for advice.and consent and we hope

we will be able to ratify the Convention early next year.

5. (must do) (U) Haiti: Demonstrations over the last ten
days have slowed progress toward formation of Provisional
Electoral Council. Concerned that it be formed quickly and
that Haiti stay on course toward elections in 2003.
Crucial that GOWmeet its obligations under OAS Resolution

822. We continue to support OAS Special Mission;' glad to
hear you are considering more financial assistance.

Disappointed Provisional Electoral Council not formed
November 4; concerned that it be formed quickly. GOR needs
to fulfill its obligations under OAS Resolution 822. We
continue to support OAS Special miseibn; glad to hear you
are considering more financial assistance.

Border /issues

6. (if raised) (SBU) NSEERS: USG responded to Canadian
concerns back in September and altered program so not based
solely-on country of birth for Canadian citizens. Unhappy

that the GOC chose to issue travel warning without prior
consultation (although it was withdrawn). NSEERS is an
important security measure for us, we expect Canada to
recognize this and not use it to score political points.

7.
(if raised) (U) Commonwealth Visas: We have consulted
extensively with the GOC on this and see this as a routine
step to regularize our visa requirements, so all citizens
of particular countries require visas.

8.
(if raised) (U) Safe third: Hope to be able to sign
agreement very soon.

9.
(if raised)(U) Border Security: Good progress made so
far in developing a safe, secure and efficient border.
Must ensure continued progress on areas of broad agreement
not hampered by disputes over details.

10.
(if raised) (S/NF) Maher Afar:

Defense Cooperation

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CONFICENTIAL

13. (if raised) (U) Canadian Defense Spending: Pleased that
Defense Minister McCallum is asking for additional funding.
Understand this is a sensitive domestic issue but concerned
that without this budget increase Canadian forces will not
be able to maintain current operational tempo.

15. (if raised) (U) War on Terrorism: Pleased that U.S. and
Canadian forces continue to work well together in the
Afghanistan theater.

.

Other Testiest:

16.
(Watch our for) (U) State Visit to Canada: Have heard •
about your request; not in a position to comment at this
time.

17.
(Watch out for) (U) Softwood Lumber: The United States •
remains prepared to offer Canadian lumber producers
unfettered access to the U.S. market if the provirices
implement market-based pricing for sales of timber from
public lands.

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11 . DOS 002922

UNCLASSIFIED
.RELEASED IN PART

CONFIDENTIAL

..B 1, 1.4(D), B5
Background on Key Issues

Special Hemiepheric Summit

1. (must do) Planning for a Special Summit: The November 7
SIRG meeting saw support for a special summit from all but
Brazil. • Both the Canadians and Mexicans have raised the
possibility with Lula, who has.committed to "reflect" on
it. We have proposed that the President raise it with Lula
during his upcoming visit. Once Brazil is on board,
official planning can begin. The Canadians provided us an
advance copy of a revised concept paper, which highlights
governance issues and uses them as a framework for raising
issues that will be important to other countries (e.g., the
international financial system and Monterrey follow-up),
while downplaying FTAA. We have provided informal,

generally positive comments, as the proposal fits well with
our effort to promote governance issues in the hemisphere.
The White House has told us that the President favors
holding a summit, but that May 2003 will not work for him
to attend. We need to start looking at other possible

dates.

B1
UNITED STA 1 Lb utratc nvimni i ur REVIEW AUTHORITY: HARRY R MELONE CONFIDENTIAL CLASSIFICATION: CONFIDENTIAL REASON: 1.4(D) DECLASSIFY AFTER: 31 OCT 2027 DATE/CASE ID: 10 JAN 2005 200303827

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CONFIDENTIAL

BI

S. (must do) (U) Haiti: Under OAS Permanent Council
Resolution 822, the Haitian Government committed itself to
a'series of steps resolving the political crisis that began
with flawed elections in May 2000. As a counterbalance,
the resolution supported normalization of Haiti's economic
relations with International Financial Institutions (IFIs).
delinking signing of a political agreement•from discussions
on resumption of loan programs. The November 4 benchmark
for formation of a Provisional Electoral Council (CEP)
passed when opposition and civil society representatives
demanded more GOH progress on security issues and payment
of reparations to victims of violence. The OAS, Ambassador
Noriega, and the U.S. Embassy in Port-au-Prince have
recently made strong statements noting that the GOH hasn't
taken sufficient steps to meet its commitments. Canada
agrees but has not taken a strong stand on this issue
publicly.

DOS 002924

UNCLASSIFIED.

CONFIDENTIAL

Border Issues

6. (if raised) (SBU) NSBERS/Travel Warning: In late
September, in response to Canadian concerns about the
NSEERS, the USG changed the treatment of Canadian citizens
born in the five countries so that place of birth by itself
would not automatically trigger registration.1

As enforcement of NSEERS with Canadian dual

1

nationals will still depend in part on the individual

inspector's discretion, or on sensitive database

information, there may still be cases publicized in the

future that cannot be fully explained to the Canadian

government or media.

(SBU) The goal of NSEERS is to allow the United States to
more accurately track the arrivals and departures of
certain aliens. U.S. immigration officials reserve the
right to register any aliens, including Canadians, who they
believe pose a threat to the United States. The U.S. has
already registered aliens from more than 160 countries from
around the world using intelligence-based criteria.

(SBU) On October 29, the Canadian Government released a
travel warning for Canadians who were born in or also had
the citizenship of one of the five National Security
Entry/Exit Registration System (NSEERS) countries--Iran,
Iraq, Syria, Sudan, and Libya, warning that they may be
subject to fingerprinting at U.S. ports of entry. The
warning was released without any advance notice to us.

(Note: It was withdrawn on November 6.) Foreign Minister
Graham and others feel this is an onerous requirement for
Canadian dual nationals and diVides Canadian citizens into
two classes. The travel warning received considerable
media attention and .was raised in the Canadian Parliament
on October 30.

7. (if raised) (U) Commonwealth Visas: Currently Canadian
landed immigrants from commonwealth countries do not
require visas to enter the U.S. The Department and INS are
planning to require them to obtain visas, but
implementation has been delayed. INS and State have
consulted. extensively with the GOC on this.

B5

DOS 002925 I

UNCLASSIFIED

CONFIDENTIAL

8.
(if raised) (U) Safe third: PRM is finalizing a C-175
requesting signing authority from the Secretary. Once that
is in place, signing should take place before the end of
the year.

9.
(if raised)(U) Border Security: While significant
progress has been made on most aspects of the Ridge/Manley
Smart Border Accord, some problems remain. Canadian
concerns about privacy and individual rights issues have
complicated agreement on sharing of information.

10.
(if raised) (2/NF) Maher Afard

(S/NF) Afar sought entry into the U.S. at JFK airport on September 26, 2002, as a Canadian citizen. He arrived on a flight from Switzerland. INS detained him for interrogation/ an administrative hearing on October 8, Afar was ordered removed. B1
1,— incarcerated in•Syria. 1 He is currently
Defense Cooperation
B1

B1

DOS 002926 •

UNCLASSIFIED

CONFIDENTIAL
B1
13. (if raised) (U) Canadian Defense Spending: Ambassador Cellucci has publicly chided Canada's parsimonious defense
outlays. At the NATO's Prague Summit, Defense.Minister McCallum told reporters that Canada's budget was an internal matter and that he didn't need Ambapsador Celluci's assistance to press for his requested $1 billion annual increase in the Defense budget over the next several years.
Canada's defense budget is currently $12 billion a year, about 1.1 percent of GDP; half the NATO average of 2%. Observers state that Canada needs to double the capital outlays in the defense budget just to replace ageing assets. Canada's 58,000 armed forces members are hard pressed to sustain canada's overseas 'deployments, including peacekeeping missions. Without an increase in defense expenditures it is unlikely that Canada can maintain the current operational tempo.
B1
15. (if raised) (U) War on Terrorism: A Canadian infantry battalion served in Afghanistan, and Canadian ships and
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CONFIDENTIAL

aircraft continue to patrol the Southwest Asia region and
Canadian special ground force assets are still in place in
Afghanistan. Canada is considering a U.S. request that
certain Canadian military units participate in the event of
hostilities in Iraq.

Other Issues

16.
(watch our for) (U) State visit to Canada: On November
7, NSC told WHA/CAN that Canada was requesting that a state
visit to Canada be scheduled. Consideration of this
request is pending.

17.
(Watch out for) (U) Softwood Lumbers U.S. producers
claim that softwood lumber is harvested from Canadian
government lands at artificially low, non-market prices.
In meetings with Canadian provincial and federal officials
in August and September, the Commerce Department offered to
implement a process for review of market reforms on a
province-specific basis. Depending on the nature and
extent of reforms, this process, known as a "changed
circumstances" review, could lead to province-specific
reductions or revocations of the CVD order.

The GOC would prefer a quicker and more comprehensive
negotiation that will reduce or eliminate all duties.
Intense negotiations along these lines failed in March
2002. While we are willing to restart such talks, the two
producing industries remain far apart. Canada has also
begun several legal challenges under the NAFTA and WTO to
have the U.S. actions declared illegal and removed, these
processes are still playing out.

CONFIDENTIAL

DOS 002928
mum
UNCLASSIFIED

RELEASED IN PART
.
CONFIDENTIAL r
f3 I, 1.4(I))
Canadian Assistant Foreign Minister, Americas, Marc Lortie

You last met Lortie on September 5 in Washington.

Special Hemispheric Summit

I. (must do) Holding a Special Summit: support holding a
special hemispheric summit; interested in reactions from
others and discussions at SIRG; any shift in Brazilian
position?

2.
(must do) Themes: support focus on strengthening
democratic institutions and rule of law; discuss how to
incorporate commitment to democracy, sound macroeconomic
policies and market-led economies; ask for more detail'on
the Canadian redraft of their concept paper.

3.
(must do) Venue and Timing: Support Mexico as Summit
host; May 2003 timeframe is not good for White House.

Border Issues

4.
(must do) (SBO) NSEERS/Travel Warning: Understand it
was withdrawn, but very unhappy that the. GOC chose to issue
travel warning without prior consultation. USG responded
to Canadian concerns back in September and altered program
so not based solely on country of birth for Canadian
citizens. NSEERS is an important security measure for us,
we expect Canada to recognize this and not use it to score
political points

5.
(if raised) (V) Commonwealth Visas: We have consulted
extensively with the GOC on this and see this as a routine
step to regularize our visa requirements, so all citizens
of particular countries require visas.

6.
(if raised) (U) Safe third: Hope to be able to sign
agreement by the end of the year..

7.
(if raised)(U) Border Security: GoOdprogress made so
far in developing a safe, secure and efficient border.
Must ensure continued progress on areas of'broad agreement
not hampered by disputes over details. Must not add new
items to the 30 points until current ones are all well
underway.

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: HARRY R MELONE
CONFIDENTIAL CLASSIFICATION: CONFIDENTIAL REASON: 1.4(U)
UNCLASSIFIED
DECLASSIFY AFTER: 31 OCT 2027 DATE/CASE ID: 10 JAN 2005 200303827
DOS 002929 II•1

UNCLASSIFIED
CONFIDENTIAL

B1
9. (if raised) (SBU) Michel Jalbert: A normal border
enforcement step, similar to Canadian treatment of US
citizens in similar circumstances. Border security
standards can and should apply to everyone.

Haiti/Other Regional Issues:

10. (must do) (U) Haiti: Disappointed Provisional
Electoral Council not formed, but a short delay may yet
allow for progress. GOM needs to fulfill its obligations
under OAS Resolution 822. We continue to support OAS
Special Mission; glad to hear you are considering more
financial assistance.

12. (must do) (U) Inter-American Convention Against
Terrorism: President Bush will be sending the Convention
to the Senate soon for advice and consent on ratification.
Will Canada be signing soon?


DOS 002930

UNCLASSIFIED.

CONFIDENTIAL

16. (if raised) (U) Canadian Defense Spending: Pleased that
Defense Minister McCallum is asking for additional funding.
Concerned that without this budget increase Canadian forces
will not be able to maintain current operational tempo.

r • •
18. (if raised) (U) war. on Terrorism: Pleased that U.S. and
Canadian forces have worked well together in the
Afghanistan theater. Working for UN Security Council

'mandate on Iraq.

Other Issues:

19.
(Watch out for) (U) Secretarial Visit to Ottawa: The
Secretary has agreed, in principle to a visit. Scheduling
has been problematic.

20.
(Watch our for) (U) State Visit to Canada: Have just
heard about your request; not in a position to comment at
this time. '

21.
(Watch out for) (U) Softwood Lumber: The United States
remains prepared to offer Canadian lumber producers
unfettered access to the U.S. market if the provinces
implement market-based pricing for sales of timber from
public lands.

DOS 002931 emi
UNCLASSIFIED
RELEASED IN PART

CONFIDENTiAL

131, 1.4(D), B5
Background on Key Issues

Special Summit of the Americas

1.
(must do) Holding a Special SuMmit: The November 7 SIRG
meeting will see the first discusSion of the Canadian
proposal since Brazil's elections.! It is unclear whether
the election will soften Brazil's lopposition to a holding a
summit, and whether the proposal will be discussed at the
official meetings in any meaningful way. It will be
important to get Lortie's sense of how the proposal is
fairing.

2.
(must do) Theme: We believe the summit should be limited
in scope to allow leaders to discuss more in depth, and
support the Canadian proposal to focus on strengthening
democratic institutions and the rule of law. The Canadians
are redrafting their concept paper, however, and have
promised to share it with us early.

3.
(must do) Venue and Timing: The White House has told us
that the President favors holding 'a summit, but that May
2003 will not work for him to attend. We need to start
looking at other possible dates. ewe have supported Mexico
as host, despite their decidedly lukewarm support for the
proposal.

Border Issues

4. (must do) (SBU) NSEERS/Travel Warning: On October 29, the Canadian Government released a travel warning for Canadians who were born in or also had the citizenship of one of the five National Security Otry/Exit Registration System (NSEERS) countries--Iran, Iraq, Syria, Sudan, and Libya, warning that they may be subject to fingerprinting at U.S. ports of entry. The warning was released without any advance notice to us. (Note: It was withdrawn on November 6.) Foreign Minister Graham and others feel this is an onerous requirement for Candian dual nationals and divides Canadian citizens into two classes. .The travel warning received considerable medila attention and was raised in the Canadian Parliament 10n October 30.
(SBU) In late September, in response to Canadian concerns

about the NSEERS, the USG changed ithe treatment of Canadian

citizens born in the five countries so that place of birth
by itself would not automatically rigger registration.

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: HARRY R MELONE CONFIDENTIAL
• CLASSIFICATION: CONFIDENTIAL REASON: 1.4(D)
DECLASSIFY AFTER: 31 OCT 2027 UNCLASSIFIED
DATE/CASE ID: 10 JAN 2005 200303827
DOS 002932 En

UNCIrASSIFIED.
CONFIDENTIAL
B5

I.NSEERS with Canadian

As enforcement of
\.

dual nationals will still depend in part on the individual
inspector's discretion, or on sensitive database
information, there may still be cases publicized in the
future that cannot be fully explaiined to the Canadian
government or media.

I

(SBU) The goal of NSEERS is to all ow the United States to
more accurately track the arrivals and departures of
certain aliens. U.S. immigration,officials reserve the
right to register any aliens, including Canadians, who.they
believe pose a threat to the United States. The U.S. has
already registered aliens from more than 100 countries from
around the world using intelligence-based criteria.

S. (if raised) (U) Commonwealth Visas: Currently Canadian
landed immigrants from commonwealth countries do not
require visas to enter the U.S. The Department and INS are
planfiing to require them to obtaih visas, but
implementation has been delayed. 'INS and State have
consulted extensively with the GOC on this. Nevertheless,
when these plans leaked last week they were widely
criticized in the Canadian press.

6.
(if raised) (U) Safe third: PRM is finalizing a C-17S
requesting signing authority from!the Secretary. Once that
is in place, signing should take place before the end of
the year.

7.
(if raised)(U) Border Security:: While significant•
progress has been made on most.asPects of the Ridge/Manley
Smart Border Accord, some problem$ remain. Canadian
concerns about privacy and individual rights issues have
complicated agreement on sharing of information.

1
. (if raised) (S/N7) Maher Arar:1

B1

7
r
CONFIDENTIAL

DOS 002933
UNCLASSIFIED.
CONFIDENTIAL

(% (S/NF) Arar sought entry into the U.S. at JFK airport on
September 26, 2002, as a-Canadian citizen. He arrived on a
flight from Switzerland. INS detained him for interr ation I.B1
.4trab:cetiTstrgtive hearing on October
B, Arar was order
He is currently
incarcerated in Syria.
9. (if raised) (SBU)•Michel Jalbeits Jalbert was arrested
on October 11 as an illegal alien•in possession of a

shotgun when he entered the U.S. at the Quebec/Maine border •
between designated ports of entry.; His previous criminal
record in Canada mandated that tie ,obtain a waiver pribr to
entry into the U.S. The Border Patrol had intercepted him
twice before, warned him to report1 to ports of entry to
apply for admission and then returned him voluntarily to
Canada. On this third illegal entry, the Border Patrol
arrested him. He remains in detention and is being charged
criminally as an illegal alien in 'possession of a firearm.

B1

0
• 'qv..
DOS 002934

UNCLASSIFIED.
•.I
CONFIDENTIAL
1
Bl
1
CONFIDENTIAL 1
I I

1
..
DOS 002935 No
UNCI[ASSIFIED.

CONFIDENTIAL

B1

16. (if raised) (U) Canadian Defense Spending: Canada's defense budget is currently $12 Anion a year, half the NATO average of 2% of GDP. Defense Minister McCallum is hoping to get an annual $1 billion increase in his budget over the next several years. Observers state that Canada needs to double its defense capital outlays to $3.5 billion
a year just to replace ageing assets. Ambassador Cellucci has publicly chided Canada's parsimonious defense outlays. Canada's 58,000 armed forces members are hard pressed to sustain Canada's overseas deployments, including peacekeeping missions. Without an increase in defense expenditures it is unlikely that Canada can maintain the current operational tempo.
B1

18.
(if raised) (U) War on Terrorism: A Canadian infantry battalion served in Afghanistan, and Canadian ships and aircraft continue to patrol the Southwest Asia region and Canadian special ground force assets are still in place in Afghanistan. Canada voiced opposition to a unilateral campaign against Iraq but has applauded U.S. efforts to seek UN authorization.

19.
(Watch out for) (D) Secretariail Visit to Ottawa: The
Canadians are keen to have Secretary Powell visit Ottawa
soon, as much to underSCore.close 'bilateral ties as to
address any specific issue. The Secretary has agreed, in
principle, to the visit but, so far, scheduling has been
problematic.

CONFIDENTIAL
DOS 002936

UNCLAS§IFIED.
CONFIDENTIAL

20.
(Watch our for) (U) State Visit to Canada: On November
7, NSC told WHA/CAN that Canada was requesting that a state
visit to Canada be. scheduled. Consideration of this
request is pending.

21.
(Watch out for) (U) Softwood Lumber: U.S. producers
claim that softwood lumber is harvested from Canadian
government lands at artificially low, non-market prices.
In meetings with Canadian provincial and federal officials
in August and September, the Commeirce Department offered to
implement a process for review of market reforms on a
province-specific basis. Depending on the nature and
extent of reforms, this process, known as a "changed
circumstances" review, could lead:to province-specific
reductions or revocations of the CVD order.

The GOC would prefer a quicker and more comprehensive .
negotiation that will reduce or eliminate all duties.

Intense negotiations along these Vines failed in March
2002. While we are willing to restart such talks, the two
producing industries remain far apa

rt. Canada has also
begun several legal challenges under the NAFTA and WTO to
have the U.S. actions declared illegal and removed, these
process are still playing out.

DOS 002937

UNCLASSIFIED
RELEASED IN PART

SECRET/NOFORNN

7

B.1, 174(D), B7(A), B5 -27-
Canadian Foreign Minister William Graham

You met informally with Graham at the APEC Summit in.Los Cabos, Mexico.
1.
(U) U.S./Canada Relationship: Canada is.our largest trading
partner, largest foreign energy supplier, and a key ally. We
have worked closely together in the war on terrorism, from
border management to law enforcement to intelligence. Canada
continues to make a significant military contribution to
Operation Enduring Freedom.

Border/Immigration Issues

2.
(must do) (SBU) NSEERS/Travel Warning: Understand the travel
warning was withdrawn, but would have preferred that the GOC had -
consulted with us before issuing it. USG responded to Canadian
concerns back in September and altered program so not based
solely on country of birth for Canadian citizens. NSEERS is an
important security measure for us.

3.
(if raised) (U) Safe third: Hope to be able to sign
agreement by the end of'the year. This is a significant burden
for U.S., but we underitand the need to advance on all 30 poines' -­of border plan.

4.
(if raised)(U) Border Security: Good progreSs made so far in
developing a safe, secure and efficient border. Still have
significant progress to make on sharing of information and other
tough issues. Important to continue progress on areas of broad
agreement and not be hampered by disputes over details. We are
reviewing Canadian, proposal to add additional points. (see tab 6
on "Progress on the Smart Border Accord").

B1
6. (if.raised) (SBU) Michel Jalbert: A border enforcement case
that is more complex than the Canadian press has reported.
Prosecution is being pursued thrOugh normal channels. Border
security standards should apply to .everyone.

B1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE CLASSIFICATION: SECRET REASON: 1.4(D)
SECREVNOFORN
DECLASSIFY AFTER: 31 OCT 2027 DATE/CASE ID: 10 JAN 2005 200303827 UNCLASSIFIED
DOS 002938
UNCLASSIFIED
SECRET/NOFORN

8. (if raised) (t) Visas for Commonwealth Citizens: We have
consulted extensively with the GOC on this. It is a necessary
step to standardize visa requirements, so all citizens of
particular countries require visas even if landed immigrants.

B1
14. (must do) (U) War on Terrorism: Pleased that U.S. and
Canadian forces have worked well together in the Afghanistan
theater. Appreciate Canadian support for strong UNSC resolution
on Iraq. Brief Canadians on next steps on Iraq. Canadians may
ask about U.S. policy toward North Korea.

B1

SECRETYNOFORN

DOS 002939 ¦
UNCLASSIFIED •
SECRET/NOFORN

B1
Trade Issues

16.
(must do) (U) Steel: Complete exclusion of U.S. steel from
any safeguard remedy is both necessary and appropriate.

17.
(watch out for) (U) Softwood Lumber: Seek market-oriented
reform of Canada's lumber practices; Commerce will consider the
impact of such reforms and could reduce the currently imposed

countervailing duties if reforms sufficiently eliminate Canadian
subsidies our goal is durable, long-term solution to the

;

dispute.

18. (watch out for) (U) Wheat: Believe sales and prices of

agricultural products between the U.S. and Canada should be on
basis of free and open markets; the Government of Canada grants
the Canadian Wheat Board special monopoly rights and privileges
which undermines the integrity of our trading system; IF ASKED:
As indicated in USTR's announcement in February, the USG is
considering a WTO challenge to the Canadian Wheat Board.

Haiti/Other Regional Issues:

19. (if raised) (U) Haiti: Disappointed Provisional Electoral
Council not formed, but a short delay may yet allow for
progress. GOH needs to fulfill its obligations under OAS
Resolution 822. We continue to support OAS Special Mission;
glad to hear Canada is considering more financial assistance. •

B1
21. (if iaised) • (U) Inter-American Convention Against
Terrorism: President Bush will be sending the Convention to the
Senate soon for advice and consent on ratification. Will Canada
be signing soon?

a DOS 002940
. ¦
•. UNCLASSIFIED

SECRET/NOFORN
Special Hemispheric Summit
22. (if raised) Holding a Special Summit: support holding a special hemispheric summit; interested in reactions from others and Canada's take on discussions at SIRG; any further word from Lula's team regarding the proposal?
23. (if raised) Themes: support focus on strengthening democratic institutions and rule of law; need to discuss how to incorporate commitment to democracy, sound macroeconomic policies and market-led economies; reviewing Canadian redraft of their concept paper.
24. (if raised) venue and Timing: Support Mexico as Summit host; May 2003 timeframe is not good for White House.
Other Issues:
25. (Watch out for) . (U) State Visit to Canada: Have just heard about PM's invitation; we are following up with the WH.
B7(A)
B5, B7(A)
28. (Watch out for) (U) "Clean Energy" Credit under Kyoto: after careful deliberation, concluded we had to oppose your proposals concerning possible credits for clean energy exports at COP-8 because they could harm our interests under the UN Framework Convention on Climate Change.
29. (Watch out for) (U) Canadian Citizen Trades With Cuba. Canadian citizen James Sabzali was convicted in April in a federal court in Philadelphia of violating the Trading With The Enemy Act for transactions involving property in Cuba, while he was working both in the U.S. and Canada. The GOC expressed concern that Sabzali may have been simply upholding Canadian law
SECRETLFOFORN

N.
DOS 002941
.UNCLASSIFIED
SECRET/NOFORN

by refusing to adhere to the U.S. trade embargo against Cuba for
those transactions while resident in Canada.

DOS 002942 di
..In
UNCLASSIFIED
Current Class: SECRET
Current Handling: n/a
SECRET PT02774.-

. .RELEASED IN PART
PAGE 01 STATE 234719 190045Z

ORIGIN SS-00 . B 1, 1.4(B), 1.4(D)
INFO LOG-00 NP-00.AID-00 AMAD-00 AEX-00 A-00.CCO-00
CG-00 CIAE-00 COME-00 CTME-00 C-00.DODE-00 DOEE-00
DOTE-00 WHA-00.PERC-00 SRPP-00 DS-00.EB-00.FAAE-00
FBIE-00 VC-00.H-01.TEDE-00 INR-00.INSE-00 10-00
LAB-01 L-00.CAC-00.VCE-00 MMP-00.M-00.AC-01
NEA-00 DCP-01.NRCE-00 NSAE-00 NSCE-00 OCS-03.OIC-02
OIG-03 OMB-01.DHS-OD.CAEX-01 PA-00.PM-00.PRS-00
ACE-00 P-00.SP-00.IRM-00 SSO-00.TRSE-00 T-00
USIE-00 USSS-00 VO-02.R-00 EPAE-00 PMB-00.DSCC-00
PRM-00 DRL-02.G-00.SAS-00 SWCI-00./018R
234719

SOURCE: KODAKA.019005 DRAFTED BY: S/ES-S:MOLSON/POL :JBHUNT/MDGO -- 11/18/02 75289 APPROVED BY: SES:DEGRAZE WHA:JDERHAM WHA:NMASON.
S/ES-0:MDSCHELAND

.OACBD3 190415Z /38
R 190043Z NOV 02

FM SECSTATE WASHDC
TO ALL CANADIAN POSTS COLLECTIVE

S E C R E T STATE 234719

E.O. 12958: DECL: 11/14/12
TAGS: OVIP, PREL, CVIS, MARR, PTER, CA, IZ, KN
SUBJECT: SECRETARY'S NOVEMBER 14 MEETING WITH CANADIAN FM

GRAHAM
1. (U) CLASSIFIED BY DEPUTY EXECUTIVE SECRETARY
SECRET

234719 190045Z
DEBORAH GRAZE; REASON 1.5 (B) AND D.

PAGE 02.STATE.

2.
(U) DATE/LOCATION: NOON, NOVEMBER 14, 2002,
DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL
TRADE (DFAIT), OTTAWA, CANADA.

3.
(SBU) PARTICIPANTS:

U. S..
THE SECRETARY
AMBASSADOR PAUL CELLUCCI
RICHARD BOUCHER, ASSISTANT SECRETARY FOR PUBLIC

Current Class: SECRET

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE DATE/CASE ID: 10 JAN 2005 200303827
DOS 002943 g
UNCLASSIFIED

Current Class: SECRET
Current Handling: n/a

AFFAIRS
JAMES DERHAM, DEPUTY ASSISTANT SECRETARY FOR
WESTERN HEMISPHERE AFFAIRS

AMBASSADOR THOMAS MCNAMARA, COORDINATOR FOR
HOMELAND SECURITY
CRAIG KELLY, EXECUTIVE ASSISTANT TO THE SECRETARY
SAMUEL BROCK, DIRECTOR FOR CANADIAN AFFAIRS,
NATIONAL SECURITY COUNCIL
VADM JAMES. METZGER, SPECIAL ASSISTANT TO
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
NANCY MASON, DIRECTOR, OFFICE OF CANADIAN AFFAIRS
STEVE KELLY, DEPUTY CHIEF OF MISSION.
BAXTER HUNT, POLMILOFF EMBASSY OTTAWA (NOTETAKER)

CANADA:
SECRET

PAGE 03.STATE 234719 190045Z

MINISTER BILL GRAHAM
DAN COSTELLO, EXECUTIVE ASSISTANT TO THE FOREIGN
MINISTER

ROBERT FRY, SENIOR ADVISER TO THE FOREIGN MINISTER
PAUL THIBAULT, ASSOCIATE DEPUTY MINISTER
JIM WRIGHT, ASSISTANT DEPUTY MINISTER (GLOBAL AND
SECURITY POLICY)
MARC LORTIE, ASSISTANT DEPUTY MINISTER (AMERICAS)
JOHN MCNEE, ASSISTANT DEPUTY MINISTER (AFRICA AND
MIDDLE EAST AFFAIRS)
JON ALLEN, DIRECTOR GENERAL (NORTH AMERICA)
PETER BOEHM, MINISTER, CANADIAN EMBASSY TO U.S.

(POLITICAL AND PUBLIC AFFAIRS)
KEVIN O'SHEA, DIRECTOR U.S. AFFAIRS (NOTETAKER)

SUMMARY
Bl
Current Class: SECRET

DOS 002944

UNCLASSIFIED

Current Class: SECRET
Current Handling: n/a

SECRET

PAGE 04.STATE 234719 190045Z
CONFERENCE. END SUMMARY.

Bl
Current Class: SECRET

M. Ms ma min IN.
DOS 002945
UNCLASSIFIED
Current Class: SECRET
Current Handling: n/a

B1

Current Class: SECRET

DOS 002946
UNCLASSIFIED
Current Class: SECRET Current Handling: n/a
B1
Current Class: SECRET
01,
DOS 002947
UNCLASSIFIED
Current Class: SECRET
Current Handling: n/a

BI

B1

Current Class: SECRET

DOS 002948
•••¦.
. M.. M6
UNCLASSIFIED

Current Class: SECRET
Current Handling: n/a

B1

POWELL

SECRET

END OF DOCUMENT »

Current Class: SECRET

DOS 002949

u tcsf-r)0. apt) 303/ 3 1 Pot.IPA-S 11 fi‘g.f4

UNCLASSIFIED IL
From:

L_ .
RELEASED IN PART
Sent: August X7.2003 3:22
-(
To: • iNa) B6
Subject RE: questions
—Original e.--From:) . B6
Sent Au ust 07, 2003 2:57 44
To: wa)
Cc: Ottawa)(Ottawa)
Su : ques ns

I've lust sent a ilftle more on the classified system - forwarding a message frornn h CAN.
---0 • final Messa From: Sent u ay, 07, 2003 2:47 PM
PDA)
T
C-41 Subject: RE: questions
II:Inks. I'll go read it. As to I 'message, I doubt seriously that there will be anything In the generic guidance that addresses Gardner's questions, . but we'll check. In all Ikellhood, well have to refer him to DoD/PA, but thank ru foritrying on our behalf to get some direction.
—Original Message— From: I Sent: August 07, 2003 2:14 PM To: I k(t:sit:ma) Subject: PN: questions
L.1. is a black hole. as you know, but III give it a try. Meanwhile, I wilt rorward the cable to you on class. The cable is confidential; the q's and a's and talking points are SBU. They are a few months old and not drafted for use with the press, but you may be able to glean some appropriately ponderous language from them. —0 Ina! M e---From: DRL) Sent: y, ugust 07, 2003 2:05 PM To:I tWHA/PDA) Subject RE: questions
I in LHRR.I I
sencliN you a cable on the class system. Also, byl
----Original From:
UNITED STATES DEPARTMENT OF STATE
st 07, 2003 1:52 PM
REVIEW AUTHORITY: HARRY R MELONE
To: DRL)(PHD)DATE/CASE ID: 10 JAN 2005 200303827
Sub . quest ons
UNCLASSIFIED
10/21/2003 .
DOS 002950

UNCLASSIFIED.

Page 2 of 4
Thanks – do you have a contact there?
I.I
—0 incl M e---
From: DRL)
Sent: us 07, 2003 1:51 PH
To: PDA)

Subject FW: questions
LJHRR is probably your best bet to answer these
questions.

I.I
—Original Message--
From:
Sent: "kursday, August 07, 2O031:29 PM
To:
Su

r15
I— Do you have anythInfthaTuld help out Th
our colleagues In Ottawa? Thanks,
U.B. Department of State
Bureau of Western Hemisphere Affairs
Public Diplomacy Officer for Canada and Mexico
Phone: 202-647-7164; Fax: 202-647-7445

—Original Message-
Fromi I
Sent: Thursday, August 07, 2003 1:31 PM
To:I rtWPDA)
Cc
Subjecft FW: questions

i ?ously, with the Syrian Human Rights Committee's allegations that the Syrian Gov't has tortured Maher Arar, the questions posed by Gardner are going to become very topical. Could you check with DRI. and-or S/CT to see if there is anything we can say in response to Gardner's question? Relatedly, would you also find out If either DRL or NEA has knowledge of the SHRC? The Canadian media is describing them as -credible; which may well be, but their letter relating to Arar has no address, no no phone number, and no corroborating evidence, so their bona fides are a little murky at this point. Thanks,
nal Mensaoe-
From
Sent: Au ust 07 2003 11:27 AM
To
Sub : : ques ns

1=1/2003

DOS 002951
¦
UNCLASSIFIED . i. Page 3 of 4
I.I I do not know how far these question went. when I forwarded them, but do you think that .lean rl? h
1
Press Office
Embassy of the United States
Ottawa
Tel: (613) 688-5316
Fax: (613) 688-3101
enuill—Mstate.gov
—Original Message--
From: Dan Gardner [rnailto:copse125@rogers.com )
Sat: July 31, 2003 4:23 PM.
To:) 1a)state.gov
Subject: questions
To recap our phone conversation today...1 am working on a senses of articles about torture, one of which deals with allegations that American officials Interrogating suspects detained in the war on terrorism committed illegal acts of mistreatment. Several questions relating to that subject are attached to the end of this email.
I make my questions are complex but I'm looking at a long timeline on this project so I don't need the response before the end of August or even early September. 1 hope that's feasible. Thanks for the help.
Dan Gardner
senior writer
The Ottawa Citizen
In the following questions, I refer to a Washington Post story that alleged the use of so-called 'stress and duress' techniques in Afghanistan. That article was published December 26, 2002.
My questions also stem from a letter dated June 25, 2003 and sent to Senator Patrick Leahy by William J. Hares, Department of Defence General Counsel. I also refer to a statement made by President Bush June 26, 2003, on the subject of torture.
10/21/2003

- _ -
DOS 002952 •
UNCLASSIFIED

Page 4 of 4
Questions:
1/ The WaShington Post story of December 26, 2002. states that certain techniques of interrogation so-called

'stress and duress' techniques — have been used repeatedly in the Interrogation of detainees outside the United States. Has the United States ever denied that the specific acts alleged In the article took place? Does it do so now?
2/ It is my understanding that the United States has stated In response to the Washington Post article and other • allegations that in its view its officials have not and wit not commit "torture." However, neither the June 25th letter nor the June 26th speech were so dear in regard to the issue of "cruel, inhuman or degrading treatment or punishment" as it is defined In the United Nations Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment. Neither the letter nor the statement makes any reference to past practise. They simply state that currently the United States will not engage in "cruel, Inhuman or degrading treatment or punishment.' What about in the past? Between October 2001 and June 2003. did American officials commit cruel, inhuman or degrading treatment or punishment in their handling of detainees in Afghanistan and elsewhere outside the United States?
3/ The president's statement of June 26th refers to investigating and prosecuting all acts of torture but it only calls for efforts to 'prevent" 'other cruel and unusual Punishment' Does the United States Investigate allegations of cruel, inhuman and degrading treatment or punishment, as defined within the Convention Against Torture? Is the United States investigating allegations of such acts committed prior to the June statement and letter? Will the United States prosecute such actions as vigorously as R would acts of torture?
. 4/ In the matter of non-American detainees held outside the United States being turned over to other governments: Does the United States restrict this practise by turning over nationals only to their governments (Egyptian nationals turned over to the Egyptian government. Jordanians to Jordan, etc.)? Has the United States turned over detainees to countries of which the detainees are not nationals?
5/ When the United.States requests foreign governments to give assurances that detainees handed over by the United States will not be tortured, do those assurances also include explicit promises not to engage in "cruel, inhuman or degrading treatment'?
10/21/2003
DOS 002953

.UNCLASSIFIED
SECRET/NOFORN DECLASS: 21/21/13 RELEASED IN PART

B.1, 1.4(B), 1.4(D)
Checklist for S Phone Call
.with Canadian Foreign Minister Bill Graham

ISSUE TO RAISE

BI
•.441 . •.4..•
UNITED STATES DEPARTMENT OF STATE CLASSIFIED BY DEPT. OF STATE, L. R. LOHMANKCIRigrAMINDRN CLASSIFICATION: SECRET. RFA81eergrilf4(15):1114D)WHA A/S Roger Noriega DECLASSIFY AFTER: 20 NOV IOW 12958 Reasons: 1.4 (b) and ( d ) DATE/CASE ID: 10 JAN 2005 200303827

UNCLASSIFIED
DOS 002954

UNCLASSIFIED

SECRET .

-

2-

IF RAISED ISSUES
(Ur . 'Status of Guantanamo Detainees:1

(U) 7. Meeting at NATO Ministerial:

SECRET/NOFORN

UNCLASSIFIED.DOS 002955
UNCLASSIFIED

Drafted: WHA/CAN Bill McCalla x7-2244
F:\Sewhacan\Public 2003\112103 Checklist for S call to
Graham.doc
Cleared:
WHA: LJewell - ok
WHA/CAN:TBreese- ok
D:KReider - ok
. P:RMiles . - ok •
MMaiCidh ok •I •.•• • • I..•
S/CT: . KAquilar - ok
DOJ: Stuart Levey ok
DHS:MOPtican ok
S/WCI: -RMiller - ok
CA:DSmith - ok
INR: TPingar - info
C1A:'JJacoby -ok

UNCLASSIFIED DOS 002956

Doc_nid: 
6771
Doc_type_num: 
63