BF-FieldManual-FEB13 -3.pdf - Bertelsmann Foundation

home affairs (JHA), particularly in theEuropean Parliament and DG JUST, theDepartment of Justice’s counterpart inthe European Commission.Brussels has traditionally questionedthe blending of CIA (intelligence)and JSOC (military) activities in UScounterterrorism policy. The EUcounterterrorism coordinator, amongothers, believes the American methodcreates “de facto accountability gaps”over which congressional intelligenceand defense committees lack properoversight. For the EU, issues such asthe status of Guantanamo and increaseduse of drone strikes raise questionsabout US respect for constitutional andinternational law. Brussels wants tosee Guantanamo close, but Europeans’opinion is divided over unmanned droneattacks. In any case, neither issue willseriously affect the US-EU relationshipin the near future. The UK already hasarmed drones in Afghanistan, andItaly will have surveillance dronesthere beginning in 2013. France alsohas plans to use military drones forreconnaissance and attack missions.European political leaders, includingGerman Chancellor Angela Merkel,French President François Hollande,and EU foreign-policy chief CatherineAshton, have not publicly criticized thepractice of targeted killings.Positions on travel policies,including those concerningthe VWP and bodyscanners, remain patchyacross the EU. But Brussels’role in this area is growing.Extraordinary rendition and secretdetention of terrorist suspects areadditional areas in which significantEuropean opposition to UScounterterrorism practices has arisen.The EU outlined in February 2012how military detentions could havea negative impact on internationalcooperation. But US operational policyin this area is bilateral. Some memberstates, including Germany and the UK,have held parliamentary inquiries aboutUS government malfeasance but havefailed, from the EU’s perspective, to berigorous enough. 10 Other member stateshave not formally addressed renditionand detention. The European Parliamenthas passed a non-binding resolution toreopen member state investigations intosecret CIA renditions in several CentralEuropean countries. 11On intelligence sharing, bilateralrelationships remain critical andmember states want to maintain that.The UK is extremely comfortable with itsopen intelligence sharing relationshipwith the US. While the British have aspecial position with certain opt-outs onEU decisions in the realm of freedom,security and justice—a position thatcould be complicated by the block JHAopt-out announcement by the BritishHome Office 12 —they can opt intoagreements, as they did in March 2012with the US-EU PNR agreement. 13 In fact,the UK had its own PNR system in placeand shared information exclusively withthe US. London also led the effort tocreate the EU’s PNR directive. Germanintelligence also cooperates closely withthe CIA, the FBI, and the US military.But after an incident in which a Germanintelligence tip led to the killing ofGerman-citizen Islamists in US droneattacks in Waziristan, Pakistan has raisedthe issue domestically and compelledBerlin to establish limits on sharinginformation on German citizens.Positions on travel policies, includingthose concerning the VWP and bodyscanners, remain patchy across the EU.But Brussels’ role in this area is growing.The EU called for and approved a commonEuropean position on body scanners, 14but member states have been given theleeway to decide to use the technologyor not and some, including Spain, Italy,and France, have wavered or refrainedfrom doing so due to privacy concerns.Others, including the Netherlands andthe UK, have been among the first toimplement it: The Dutch were the first toembrace the technology since the 2009underwear bomber departed for the USfrom Amsterdam’s Schiphol airport.Finally, there is a deep sense in theEU that its privacy and data protectionsafeguards are superior to those in theUS. EU Justice Commissioner VivianeReding has stated that Washingtonshould catch up to the “gold standard”being set by Brussels. 15 The EU has itsown data-protection system, currentlyunder reform through proposals thatcame from the commission and areworking their way through parliament.Recommendations for 2013These heavy, sometimes frustratingnegotiations have placed cooperation ona sounder footing for 2013 and beyond;they have allowed the US to work withthe EU as a meaningful partner andcould serve as a model for US-Europeanrelations in other policy areas. Given thehigh stakes for the safety and rights ofcitizens on both sides of the Atlantic,the expression of trust between theUS and Europe in this area has beenimpressive. The primary responsibilityof the next administration will be toguarantee successful implementation ofrecent agreements while simultaneouslybuilding on broader initiatives like VWPreform and the comprehensive DataProtection and Privacy Agreement.1. Monitor implementationof new agreements:In its first term, the Obamaadministration initiated significantchanges in data sharing and screeningrelationship between the US andEurope. Implementation of theseagreements across member statesshould be monitored with the utmostcare. Hiccups in implementing theagreements will be followed closelyby local media, especially in areasinvolving US officials from agenciessuch as Customs and Border Protection(CBP) and TSA. These could lead tohigh-profile hearings and possiblebacklash in national parliaments and theEuropean Parliament in particular. PNRdata exchange and no-fly enforcementmust strictly adhere to the terms of theagreement for flights to and from the US.Incidents such as the recent case of aCuba-bound flight from Spain could put4 0Counterterrorism and Homeland Security