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### Viewing cable 09STATE119085, WALK-IN GUIDANCE FOR 2009: HANDLING

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Reference ID | Date | Classification | Origin
--- | --- | --- | ---
09STATE119085 | 2009-11-18 17:05 | SECRET | Secretary of State

`

    S E C R E T   STATE   00119085
    VZCZCXRO1706
    PP RUEHAG RUEHAO RUEHBC RUEHBI RUEHBZ RUEHCD RUEHCHI RUEHCI RUEHCN
    RUEHDBU RUEHDE RUEHDH RUEHDT RUEHDU RUEHFK RUEHFL RUEHGA RUEHGD RUEHGH
    RUEHHA RUEHHM RUEHHO RUEHHT RUEHIHL RUEHKN RUEHKSO RUEHKUK RUEHKW
    RUEHLA RUEHLH RUEHMC RUEHMJ RUEHMR RUEHMRE RUEHMT RUEHNEH RUEHNG
    RUEHNH RUEHNL RUEHNP RUEHPA RUEHPB RUEHPT RUEHPW RUEHRD RUEHRG RUEHRN
    RUEHROV RUEHRS RUEHSL RUEHTM RUEHTRO RUEHVC
    DE RUEHC #9085/01 3221739
    ZNY SSSSS ZZH
    P 181729Z NOV 09
    FM SECSTATE WASHDC
    TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
    RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0913
    RUEHRY/AMEMBASSY CONAKRY PRIORITY 2404
    RUEAIIA/CIA WASHINGTON DC// PRIORITY
    RUEKJCS/SECDEF WASHINGTON DC// PRIORITY
    RHEFDIA/DIA WASHINGTON DC// PRIORITY
    RHMCSUU/FBI WASHINGTON DC// PRIORITY 6949
    RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC// PRIORITY

` `

    S E C R E T SECTION 01 OF 11 STATE 119085

    SECRET//NOFORN

    E.O. 12958: DECL: 11/17/2034
    TAGS: ASEC CVIS PINR PREF

    SUBJECT: WALK-IN GUIDANCE FOR 2009: HANDLING
    FOREIGN NATIONAL WALK-INS, DEFECTORS, AND ASYLUM
    SEEKERS

    REF: (A) 08 STATE 061194
    (B) 7 FAM 180
    (C) 09 STATE 030541
    (D) 04 STATE 061816
    (E) 2 FAM 227
    (F) 08 STATE 110175
    (G) 09 STATE 110904
    (H) 9 FAM 42.1 N4, PN2-5, and PN7

    (U) Classified by: David Appleton, Director,
    INR/CCS, Reason: 1.4 (c, d).

    SUMMARY AND TABLE OF CONTENTS

    ¶1.  (S/NF) This telegram replaces Ref A as the
    Department's comprehensive guidance on handling
    foreign national walk-ins, defectors, and asylum
    seekers - all of whom are generally referred to in
    this telegram as "walk-ins."  This telegram was
    coordinated with interagency partners, including
    CIA, DHS, DIA, and the FBI.  It explains the
    procedures for receiving walk-ins; determining
    whether they are of intelligence value and whether
    defector, temporary refuge, protection,
    resettlement, parole, or other status is
    appropriate; and coordinating an appropriate
    response.  A link to this telegram will be included
    in the Chief of Mission (COM) Guide on ClassNet
    (http://diplomaps.state.sgov.gov/com).  (For
    guidance on handling U.S. citizens requesting
    emergency protection ("temporary refuge") at posts,
    see Ref B.)

    ¶2.  (S/NF) COMs should ensure that all post
    personnel are properly prepared to handle walk-ins.
    Post management, RSO, and GRPO have the most
    responsibility for ensuring proper handling of
    walk-ins, but other officers may play critical
    roles.

    ¶3.  (S/NF) Correct handling of walk-ins is
    important for three principal reasons.  Walk-ins
    (1) may be sources of invaluable intelligence; (2)
    pose numerous security challenges; and (3) may need
    protection.  Improper handling of walk-ins can put
    them and post personnel at risk and result in the
    loss of important intelligence.  Thus, post's
    procedures must be clear, well-understood, and
    workable at any hour, day or night.

    ¶4.  (U) Questions or comments regarding the
    guidance in this telegram should normally be
    directed by telegram to INR/CCS, which will
    coordinate a Department response.  If additional
    guidance is required in an emergency walk-in
    situation, however, post should contact the
    Department's Operations Center (202-647-1512),
    which will alert the appropriate Department
    personnel.

    ¶5.  (U) This telegram contains the following
    sections:

    ¶A. - Storage and dissemination of this telegram
    (paragraph 6)
    ¶B. - Post preparation for handling walk-ins
    (paragraphs 7-23)
    ¶C. - Procedures for handling walk-in arrivals
    (paragraphs 24-33)
    ¶D. - Requirements for reporting on walk-ins
    (paragraphs 34-39)
    ¶E. - Temporary refuge guidance and cautions
    (paragraphs 40-52)
    ¶F. - Long-term options for walk-ins(paragraphs 53-
    63)
    ¶G. - Travel assistance for walk-ins(paragraphs 64-
    65)

    END SUMMARY.

    Section A.  STORAGE AND DISSEMINATION OF THIS
    TELEGRAM

    ¶6.  (U) Posts should retain this telegram in the
    RSO's files and in a location accessible to duty
    officers, replacing and destroying Ref A and any
    other prior versions.  RSOs should ensure that all
    officers have read this telegram and know where it
    is retained.

    Section B.  POST PREPARATION FOR HANDLING WALK-INS

    ¶7.  (S/NF) Each post's Counterintelligence Working
    Group (CIWG) should meet upon receipt of this
    telegram to review post's procedures for dealing
    with walk-ins.  The CIWG should ensure that post's
    procedures are consistent with the guidance in this
    telegram and local security concerns, include
    appropriate defensive security measures, and allow
    screened walk-ins to meet securely with appropriate
    post officials.

    ¶8.  (S/NF) Post's walk-ins procedures should
    include (1) special procedures for the reception of
    embassy (including consular section) walk-ins of
    possible intelligence value; (2) procedures for
    constituent posts, if any; and (3) procedures for
    approaches at residences, in vehicles, on the
    street, via telephone, and through both electronic
    and hand-delivered mail.  Heightened security at
    USG installations increases the possibility of
    approaches to USG officials outside USG facilities.
    Because of the inherent risks, however, post
    procedures should permit arranging substantive
    meetings outside post only in exceptional
    circumstances and only after approval of the COM
    based on the recommendations of the RSO and GRPO.

    ¶9.  (S/NF) Post's procedures must allow for
    appropriately balancing the following
    considerations which may come into play in walk-in
    cases:

    (a) post security;
    (b) the safety of the individual;
    (c) the intelligence value and bona fides of the
    individual;
    (d) whether the individual requires protection and,
    if so, whether appropriate protection is available
    from international organizations or host-country
    sources;
    (e) whether the individual should be resettled
    outside the host-country and, if so, whether
    resettlement in another country or the United
    States is possible;
    (f) the time available for resolution of the case;
    and
    (g) the need to safeguard the confidentiality of
    any information that may have a bearing on a future
    consular-related activity or possible resettlement
    request.

    ¶10.  (S/NF) Post's procedures must be cleared by
    the RSO and coordinated with the GRPO and, at posts
    with an FBI Legal Attache (LEGATT), with the
    LEGATT.  (All three should be on post's CIWG.)
    Post's RSO should update post's walk-in plan with
    the GRPO and LEGATT, if any, on a semi-annual basis
    or as needed.

    ¶11.  (S/NF) RSOs should ensure that all relevant
    potential participants in handling walk-ins are
    appropriately briefed and trained.  Non-cleared
    personnel can be told that a USG official will
    interview walk-ins, because that fact is not
    classified.  The fact that a walk-in may be
    referred to other post officials for a decision on
    further actions is classified and may not be shared
    with non-cleared personnel.  All briefings should
    emphasize the importance of ensuring that the walk-
    in is fully screened, but should also convey that
    legitimate walk-ins may exhibit nervous or anxious
    behavior, particularly because access controls and
    host nation security forces around many of our
    diplomatic posts make it difficult for walk-ins to
    approach our facilities discreetly.  All briefings
    should also stress the importance of not drawing
    attention to the walk-in or alerting host nation
    security personnel.

    ¶12.  (S/NF) RSO briefings should include (1)
    briefing those who may have first contact with a
    walk-in - including non-USG local guards and
    receptionists - on the procedures to follow at
    first contact; (2) providing additional briefings
    to MSGs, other USG security personnel, and USG duty
    officers on a semi-annual basis or as needed on
    more sensitive aspects of the program; (3) briefing
    consular officers on handling walk-ins who approach
    through a consular service window; and (4) briefing
    all arriving cleared USG personnel on the
    procedures for approaches that occur off post
    premises (as part of the arrival briefing).

    ¶13.  (S/NF) To ensure that walk-ins can communicate
    their wishes clearly, post may wish to prepare
    language cards that can be shown at first contact
    to a walk-in who does not speak English, giving
    options from which the walk-in can select.  One
    option should be "I wish to speak with an American
    official."  Other options should be plausible
    alternatives, such as "I wish to obtain information
    about travel requirements."  In addition to the
    local language, post should consider having such
    cards available in priority interest languages such
    as Russian, Spanish, Arabic, Farsi, Mandarin, and
    Korean, as appropriate in light of the local
    environment.

    ¶14.  (S/NF) The RSO should incorporate post's
    procedures into the MSG and local guard orders as
    necessary.

    ¶15.  (S/NF) Posts should designate a room,
    preferably outside the Public Access Control (PAC)
    hard-line, for conducting the initial interview of
    a walk-in.

    ¶16.  (S/NF) Post should have an interview guide
    that can be used during the initial interview, and
    should maintain a current roster of cleared USG
    personnel who can provide interpretation services
    to assist the RSO and others in interviewing walk-
    ins as required.

    ¶17.  (S/NF) Post procedures should clearly identify
    the officer who will do the initial interview of a
    walk-in, and a backup for when that officer is
    absent.  (These are normally the RSO and Assistant
    RSO.)  These officials should have a prearranged
    signal and appropriate contact numbers for
    notifying GRPO of a walk-in of possible
    intelligence value.

    ¶18.  (S/NF) MSGs, local guards, and receptionists
    should have a codeword or pre-arranged signal to
    alert the RSO (or other designated officer) of a
    person requesting to speak with a U.S. officer.

    ¶19.  (U) Post should verify that current phone
    numbers, addresses, and directions for host
    government offices that handle refugee claims and
    the local offices of the UNHCR and UNDP are
    included in post's walk-in procedures and the duty
    officer handbook.  This information should also be
    readily available as a handout for walk-ins.

    ¶20.  (U) Post procedures should contain current
    information on the host government's legal
    obligations towards persons claiming to be refugees
    or to be in danger of being tortured.  These
    obligations may arise from the host country's
    domestic law and/or treaty obligations.  States
    party to the 1951 Convention relating to the Status
    of Refugees, its 1967 Protocol, and the 1969
    African Union Convention Governing the Specific
    Aspects of Refugee Problems in Africa have agreed
    not to expel or return refugees, as defined in
    those instruments, from their territory under
    certain circumstances.  States party to the 1987
    Convention Against Torture and other Cruel,
    Inhuman, or Degrading Treatment or Punishment have
    agreed not to expel or return an individual from
    their territory to another country where there are
    substantial grounds for believing that he/she would
    be in danger of being subjected to torture.

    ¶21.  (S/NF) RSO and GRPO should coordinate any
    operational tests of walk-in procedures.

    ¶22.  (S/NF) RSOs should review walk-in procedures
    with constituent posts and ensure that they are
    properly prepared to handle walk-ins.  This should
    include ensuring that constituent post's procedures
    are also incorporated into local guard orders as
    necessary.

    ¶23.  (S/NF) Posts without an RSO, GRPO, or
    UNHCR/UNDP presence in-country should promptly
    develop additional post-specific guidance to ensure
    that the guidance in this telegram is adjusted to
    fit their situation.

    Section C.  PROCEDURES FOR HANDLING WALK-IN
    ARRIVALS

    ¶24.  (S/NF) The MSG, local guard, receptionist, or
    other employee or official who first makes contact
    with the walk-in should ascertain whether the walk-
    in wishes to talk with the USG official, using the
    language cards as necessary.  If so, they should
    use the pre-arranged signal to inform the USG
    official designated to deal with walk-ins (normally
    the RSO or Assistant RSO) as soon as possible.
    Posts with MSGs may wish to instruct non-USG local
    guards, receptionists, and others likely to be a
    walk-in's first point of contact to refer a walk-in
    who wishes to speak with a USG official to the MSG,
    and then have the MSG involve the RSO.

    ¶25.  (C) Post's first priority must be to determine
    whether the individual is carrying a weapon,
    device, or hazardous material that endangers post
    personnel.  Walk-ins must be screened and searched
    before being permitted within the security
    perimeter.  If a walk-in possesses any object or
    item that appears suspicious or potentially
    hazardous, security personnel should deny access
    even if the walk-in presents the item as evidence
    of some intelligence he offers, e.g., red mercury
    presented as proof of plutonium enrichment.
    Security personnel are not required to prove that
    an object, item, or material is hazardous to refuse
    entry to the walk-in.  Only DS-supplied and/or DS-
    approved instruments should be used to examine
    suspect material.  Posts should follow established
    DS and Department procedures for screening and
    reporting suspect materials, e.g., white powder
    incidents.  In the event post encounters material
    or information relating to alleged radioactive
    materials, please refer to Ref C for comprehensive
    interagency approved guidance.

    ¶26.  (C) The walk-in's identification and/or travel
    documents should be copied as soon as the walk-in
    is screened in, if at all possible.  Otherwise, the
    papers should be copied before the end of the walk-
    in's initial interview.  Identifying and keeping
    records of walk-ins is important for security and
    intelligence reasons; copying their identity
    documents early is advisable because walk-ins may
    get cold feet and leave if kept waiting for an
    interview.

    ¶27.  (S/NF) After the walk-in has been searched,
    the RSO or designated alternate must interview the
    walk-in, using post's interview guide.  The RSO
    should attempt to establish the individual's bona
    fides.  (Walk-ins may in fact be mentally disturbed
    persons, intelligence vendors, fabricators,
    provocateurs from hostile intelligence services, or
    persons gathering information on behalf of
    terrorist organizations.)  Once the subject's bona
    fides are established to the RSO's satisfaction,
    the RSO should establish what the walk-in wants,
    whether the walk-in appears to be of possible
    intelligence or counterintelligence interest, how
    much time the walk-in has, and methods for future
    contact, among other information.  The RSO must
    also attempt to determine whether the individual is
    in imminent danger, including (1) immediate
    physical danger, (2) danger of involuntary
    repatriation to a country where the individual's
    life or freedom would be threatened for reasons of
    race, religion, nationality, membership in a
    particular social group, or political opinion, or
    (3) danger of involuntary repatriation to a country
    where it is more likely than not that the
    individual will be subjected to torture.  Finally,
    the RSO may have reason to interview the individual
    for information regarding potential threats to USG
    personnel and facilities.  (If such information is
    obtained, the RSO generally should advise the
    LEGATT and should consider flagging the individual
    for the Rewards for Justice Program.)

    ¶28.  (S/NF) Monitoring of foreign nationals in
    walk-in rooms overseas is permitted only in
    accordance with guidelines set forth in Ref D.  All
    other recording or monitoring conducted by post
    employees, including those in cover positions, must
    be consistent with the Department Notice of January
    24, 1977 ("the Vance Memorandum"), which states
    that "No officer or employee of the State
    Department . . . shall direct, arrange for, permit,
    or undertake the monitoring or mechanical or
    electronic recording of any conversation, including
    any telephone conversation, without the express
    consent of all persons involved in the
    conversation," unless advance approval is granted
    by the Secretary or the Deputy Secretary of State.
    (Reproduced at Tab U, Special Agent's Legal
    Authorities, available at
    http://intranet.state.gov.)

    ¶29.  (C) Post personnel should never leave a walk-
    in unattended. If possible, two or more post
    officials should work together during the interview
    phase.

    ¶30.  (S/NF) If the RSO finds the walk-in credible
    and to be of possible foreign intelligence or
    counterintelligence interest, the RSO should follow
    post procedures to ensure transfer of the walk-in
    to the GRPO as quickly as possible with minimal
    exposure to other post personnel.  The GRPO will
    determine further actions (interview, contact again
    at a later date, etc.).

    ¶31.  (C) Post must strictly limit disclosure of the
    fact of any request for temporary refuge, departure
    from the host country, asylum in the United States,
    third-country visa assistance, issuance or refusal
    of visas or permits to enter the United States, and
    requests to resettle elsewhere.  Only USG personnel
    with a need-to-know should be made aware of such
    requests.

    ¶32.  (C) Post should provide no comment in response
    to press inquiries, unless otherwise instructed by
    the Department.

    ¶33.  (C) Post must consult with the Department
    prior to responding to congressional inquiries on
    specific walk-in cases.

    Section D.  REQUIREMENTS FOR REPORTING ON WALK-INS

    ¶34.  (S/NF) If a walk-in is of intelligence
    interest, the case will be handled by the
    Intelligence Community (IC) once that interest is
    established, and reporting on the case will occur
    in IC channels.  Post must notify the Department of
    all/all cases not handled within the IC and
    involving the following, using the reporting
    channels described in paragraphs 37-39 below except
    where otherwise indicated:

    (a) A person who may have information on immediate
    threats to USG personnel or facilities.  See
    paragraph 35 below for reporting channel
    instructions.
    (b) A person who possesses information regarding
    plans and intentions of governments and/or
    organizations hostile to the United States.
    (c) A person who may have information on weapons
    proliferation, weapons of mass destruction,
    counterterrorism, counternarcotics, or any
    significant new intelligence or military-related
    subjects.
    (d) A foreign diplomat, foreign consular officer,
    other foreign government official (including
    members of the national police and the military),
    or political party official, regardless of his/her
    country of nationality.
    (e) A person who appears threatened by involuntary
    repatriation to a country where the person's life
    or freedom would be threatened for reasons of race,
    religion, nationality, membership in a particular
    social group, or political opinion, or where it is
    more likely than not that the person would be
    tortured.  See paragraph 36 below for reporting
    channel instructions.
    (f) Persons seeking resettlement (including
    "asylum") in the United States.  See Section E
    (paragraphs 40-52) below and Ref E for additional
    guidance on such cases.
    (g) Persons granted temporary refuge.  See
    paragraphs 50-52 for instructions on reporting such
    cases.

    ¶35.  (S/NF) Security threat information reportable
    per paragraph 34(a) above should be reported via
    TERREP or TERREP exclusive channel telegram (as
    appropriate) as soon as possible.  Threat
    information of an extremely urgent nature should be
    provided to the RSO and other appropriate post
    officials immediately and relayed to the DS Command
    Center (DSCC) at (571) 345-3146 or via DSCC secure
    line at (571) 345-7793.

    ¶36.  (S/NF) Cases involving threats of involuntary
    return as described in paragraph 34(e) above should
    be brought to the Department's attention
    immediately, by phone, email or cable slugged for
    PRM/A, with U.S. Mission Geneva, attention Refugee
    and Migration Affairs (RMA), as an info addressee.

    ¶37.  (S/NF) Except as specified above for threat
    and involuntary return cases, telegrams should be
    sent through normal channels, be slugged for
    INR/CCS, P, DS/CI, and the appropriate regional
    bureau, and describe the time-sensitivity of the
    case.  INR/CCS is the action office and will
    distribute to other bureaus as appropriate.  In
    extremely sensitive cases, post should send a Roger
    Channel telegram to INR/CCS, which will ensure
    appropriate, limited distribution.

    ¶38.  (S/NF) If the case may require consideration
    of U.S. resettlement options, posts may also wish
    to slug PRM/A, DRL/MLGA, L/HRR, and CA/VO, and to
    add DHS/USCIS WASHDC as an info addressee.

    ¶39.  (S/NF) All telegrams should use the PINR and
    ASEC tags.  CVIS and PREF tags also should be used
    in potential resettlement cases.  All telegrams
    referring to UNHCR should add U.S. Mission Geneva,
    attention Refugee and Migration Affairs (RMA), as
    an info addressee.

    Section E.  TEMPORARY REFUGE - CAUTIONS AND
    GUIDANCE

    ¶40.  (S/NF) Walk-ins sometimes request that they be
    permitted to remain in an embassy or other USG
    facility beyond closing hours.  The Department
    considers this a request for temporary refuge, not
    a request for asylum, and post officials should be
    particularly careful not to equate the two.  In
    U.S. immigration law, asylum is a status granted to
    qualified refugees, and an application for "asylum"
    can only be made in the United States.  A walk-in
    may request "asylum" in an embassy based on the
    erroneous belief that safe passage out of the host
    country will be assured if the request is granted.
    While a few mostly Latin American countries
    recognize such a right of "diplomatic asylum," the
    United States and most other countries do not
    recognize that concept or accept that the granting
    of refuge in an embassy is an authorized use of
    diplomatic facilities.  A walk-in who requests
    "asylum" may also in substance be requesting an
    opportunity to resettle in the United States;
    guidance on such requests is below under long-term
    options.

    ¶41.  (S/NF) Granting a walk-in temporary refuge in
    an embassy or other USG facility may actually
    increase the danger to an individual, particularly
    in hostile countries and if the individual is a
    host-country national.  The longer the person
    remains, the more likely the host government will
    become aware of the request for temporary refuge
    and possibly take retaliatory action.  In hostile
    countries, the United States generally is unable
    either to assure a walk-in's safe conduct out of
    the country or continued safety in the country once
    they leave post premises.  Thus granting temporary
    refuge may lead to a protracted stalemate, with the
    walk-in effectively residing in post premises.
    "Residence within a post" of persons hostile to the
    host government could be a continuing source of
    controversy and lead to serious adverse effects on
    U.S. interests and unexpected financial
    implications for the post.

    ¶42.  (U) In light of these factors, all foreign
    national walk-ins seeking refuge in a USG facility
    should be informed that post cannot ensure (a)
    their safe conduct out of the host country; (b)
    their future safety within the host country; or (c)
    their entry into the United States.  They should
    also be informed that they may actually endanger
    their own welfare or interests by remaining at
    post.

    ¶43.  (S/NF) Temporary refuge may never be granted
    to foreign nationals who simply wish to immigrate
    to the United States or evade local criminal law;
    if granting refuge would put post security in
    jeopardy; or if the Department instructs post not
    to do so.

    ¶44.  (S/NF) Post should use appropriate measures to
    remove a person seeking refuge from the premises
    when temporary refuge is not warranted.

    ¶45.  (S/NF) Only the COM or Principal Officer, or a
    person designated to act on their behalf in their
    absence, may grant a request for temporary refuge.

    ¶46.  (S/NF) Temporary refuge may be granted only if
    there is compelling evidence that the walk-in is in
    imminent physical danger for any reason, or in
    imminent danger of persecution for reasons of race,
    religion, nationality, membership in a particular
    social group, or political opinion.

    ¶47.  (S/NF) Within the kinds of cases described in
    paragraph 46, post should grant temporary refuge in
    those rare situations in which an individual faces
    not just imminent physical danger, but immediate
    and exceptionally grave physical danger, i.e.,
    possible death or serious bodily injury, either in
    the host country or in another country to which the
    individual will be summarily returned by host-
    country authorities.

    ¶48.  (S/NF) Also within the kinds of cases
    described in paragraph 46, post may at its
    discretion grant temporary refuge if the physical
    danger or the danger of involuntary repatriation as
    defined above is less serious but appears imminent.
    In determining if granting temporary refuge is
    appropriate in such instances, post should consider
    the following questions:

    (a) How serious and immediate is the threat to the
    walk-in?
    (b) Will the threat to the individual increase or
    decrease if the walk-in is allowed to remain at
    post?
    (c) Can the individual leave or be required to
    leave post without being noticed?
    (d) If detection by host government authorities is
    inevitable and the alleged threat is from the host
    government, can the walk-in's presence and
    subsequent departure be explained in a manner that
    will not further endanger the individual?
    (e) What are the likely consequences of allowing
    the individual to temporarily remain at the post
    with regards to the individual, other persons in
    the host country, the security of the post, and the
    safety of U.S. Government personnel?
    (f) Is the individual of intelligence value to the
    United States?
    (g) Is the person facing immediate and
    exceptionally grave physical danger on account of
    peaceful political, religious, or humanitarian
    activities consistent with U.S. values and
    policies?

    ¶49.  (C/NF) Temporary refuge generally should not
    be granted at residential diplomatic or consular
    premises.  The inviolability of diplomatic
    residences (except the COM's) is linked to the
    diplomat's residency and may be lost if the host
    government declares persona non grata (PNG) the
    diplomat whose residence is involved. Consular
    residences do not enjoy inviolability (unless it is
    provided by special agreement). As a practical
    matter all residences, whether diplomatic or
    consular, are generally less secure than the
    embassy or consulate.

    ¶50.  (C) If temporary refuge is granted, post
    should notify the Department in an appropriately
    classified "NIACT Immediate" precedence telegram
    and should notify other relevant overseas posts by
    immediate precedence telegram.  Telegrams to the
    Department should be slugged for INR/CCS, P, PRM/A,
    L/HRR, L/DL, DSCC, DRL/MLGA, CA/VO, and the
    appropriate regional bureau.  DHS/USCIS WASHDC
    should be a direct telegraphic info addressee.
    Post also should notify the Department by telegram
    if temporary refuge is requested but denied, unless
    the case is clearly without merit, e.g., appeals by
    a drunken or deranged person.

    ¶51.  (S/NF) If the host government (or the
    government of the alien's nationality, if the
    individual is a third-country national) requests an
    interview with a walk-in who is granted temporary
    refuge, post should notify the Department and await
    guidance.  Post should not/not comply with such
    interview requests unless explicitly authorized to
    do so by the Department.

    ¶52.  (SBU) If granted, temporary refuge should be
    terminated as soon as circumstances permit (e.g.,
    when the period of active danger ends), but only
    with Department authorization.  Post management
    should inform the Department (to the same
    addressees listed in paragraph 50) when temporary
    refuge is terminated.  A person who has been
    granted temporary refuge may, of course, leave
    voluntarily whenever he/she wishes.  Post
    management should reasonably ensure that the
    decision to leave is voluntary.

    Section F.  LONG-TERM OPTIONS

    ¶53.  (U) Walk-ins often wish to resettle in the
    United States, but this may not be appropriate or
    possible.  The United States encourages local or
    regional resettlement of refugees and international
    resettlement burden-sharing among many governments.

    ¶54.  (C/NF) In routine cases involving walk-ins
    from third countries who may be refugees, the walk-
    in should be referred to the host government for
    adjudication of his or her status as long as the
    host country has satisfactory asylum or refugee-
    processing procedures.  In most cases, potential
    refugees should also be referred to the local
    office of the UNHCR, especially if local
    refugee/asylum procedures are not available.  UNHCR
    is mandated to provide protection for refugees and
    has primary international responsibility for
    seeking durable solutions for refugees, including
    possible opportunities for third-country
    resettlement.  This mandate extends to UNHCR even
    in countries that are not party to any of the
    treaties just mentioned.  Where there is no UNHCR
    office, UNHCR's responsibilities are normally
    handled by the local UNDP office.  Beware, however,
    that in some countries UNHCR (or UNDP) may be
    placed in an awkward position if it is notified of
    a case and there is a need to conceal the case from
    the host government.  If this possibility exists,
    post should approach UNHCR or UNDP discreetly.

    ¶55.  (C/NF) If it appears that entry into the
    United States is the appropriate long-term solution
    to a walk-in's situation, the walk-in should not be
    issued a non-immigrant visa except in unusual
    circumstances after consultation with the
    Department.  Non-immigrant admission will generally
    not be appropriate because the circumstances that
    lead an individual to become a walk-in normally
    lead also to ineligibility under section 214(b) of
    the Immigration and Nationality Act (INA) as an
    intending immigrant.  Admission to the United
    States therefore normally should be as a refugee or
    parolee.  In some circumstances an immigrant visa
    may also be available.

    REFUGEE ADMISSION

    ¶56.  (U) A person outside the United States may be
    granted refugee admission if he or she qualifies as
    a "refugee" as defined in U.S. law and meets other
    applicable requirements.  DHS has sole
    responsibility for adjudicating applications for
    refugee admission outside the United States.
    DHS/USCIS officers determine whether or not an
    individual is a refugee on a case-by-case basis
    after a personal interview.  To qualify, a person
    must normally be outside his country.  Given
    adequate justification, however, DHS may adjudicate
    an "in country" refugee application when requested
    by a U.S. Ambassador with the concurrence of PRM/A
    and DHS/USCIS in Washington.  See Ref F, entitled
    "How a post can refer cases to the U.S. refugee
    admissions program", and Ref G, entitled "Worldwide
    processing priority system for FY 2010", for more
    information.

    ¶57.  (U) The U.S. definition of "refugee"
    encompasses a person who, under the 1951 Convention
    relating to the Status of Refugees and its 1967
    Protocol, is outside his or her country of
    nationality (or, if he or she has no nationality,
    the country of last habitual residence) and has
    experienced past persecution or has a well-founded
    fear of persecution in that country on account of
    race, religion, nationality, membership in a
    particular social group, or political opinion.
    U.S. law deems the following persons to have been
    persecuted on account of political opinion: a
    person who has been forced to abort a pregnancy or
    to undergo involuntary sterilization, or who has
    been persecuted for failure or refusal to undergo
    such a procedure, or for other resistance to a
    coercive population control program; a person who
    has a well-founded fear that he or she will be
    forced to undergo such a procedure or be persecuted
    for such failure, refusal, or resistance.

    ¶58.  (U) Persons admitted to the United States as
    refugees are eligible for initial reception and
    placement assistance from non-government
    organizations (NGOs) funded under cooperative
    agreements with PRM and for other publicly funded
    benefits.

    ¶59.  (U) If the host government cannot or will not
    protect the individual from involuntary
    repatriation and UNHCR is unable to intervene, and
    post believes that the person may qualify as a
    refugee, post should contact PRM/A for guidance on
    how to proceed.

    PAROLE

    ¶60.  (S/NF) Foreign nationals may also travel to
    the United States pursuant to the Secretary of
    Homeland Security's parole authority under Section
    212(d)(5) of the INA.  Parole may be granted based
    on humanitarian or significant public benefit
    grounds.  Authority over humanitarian parole
    requests rests with DHS/USCIS/RAIO/HAB.  Authority
    over Significant Public Benefit Parole (SPBP) rests
    with DHS/ICE.  DHS/ICE/OIA-LEPB has developed
    guidelines in consultation with the Department for
    the processing of SPBP cases.  Guidelines for both
    types of parole are contained in Ref H.

    ¶61.  (S/NF) Use of parole for a walk-in may be
    warranted in extraordinary cases, such as when no
    other resolution appears feasible and a walk-in is
    of special interest to the United States, when a
    walk-in is in immediate danger, or when the case is
    politically sensitive.  If post wishes to pursue
    parole for a walk-in, it must submit a request by
    telegram, slugged for INR/CCS, CA/VO/F/P, DRL/MLGA,
    P, and the appropriate regional bureau.  An info
    copy should go to the appropriate DHS bureau. The
    telegram must provide justification for the
    request; include a certification by the COM or the
    Deputy Chief of Mission (DCM) that the information
    provided is complete and accurate; and identify all
    interested agencies at post that were involved in
    reviewing and endorsing the request.  A "CLASS"
    name check must be completed, and all required
    Security Advisory Opinion requests (SAOs) must be
    submitted.  The results of the "CLASS" name check
    should be indicated in the cable.

    ¶62.  (U) All financial arrangements for parolees
    must be made in advance.  Post should not make any
    guarantees of such assistance, but should maintain
    a list of possible local sponsors that might be
    willing to assist (e.g., church groups or social
    service agencies in the United States), to contact
    in urgent situations if the parolee first agrees
    and signs a statement authorizing disclosure of
    his/her identity and situation to persons outside
    the U.S. Government.  In some cases the Department
    may also be able to help by contacting private
    organizations in the United States to assist
    parolees upon arrival.

    DEFECTORS

    ¶63.  (S/NF) For the purpose of this telegram, the
    term "defector" refers to a person of any
    nationality (usually from a country whose interests
    are hostile or inimical to those of the United
    States) who has escaped from the control of their
    home country and is of special interest to the U.S.
    Government.  Defector cases generally are handled
    under parole procedures.  The GRPO will work out
    these arrangements with DHS/ICE and/or post's
    consular section once Washington's approval is
    obtained.  The LEGATT should be notified of
    defector status as soon as practicable.

    Section G.  TRAVEL ASSISTANCE

    ¶64.  (S/NF) If the appropriate agencies decide that
    a walk-in should be allowed to travel to the United
    States (in any of the capacities described above),
    transportation out of the host country and to the
    United States must be arranged.  Transportation out
    of friendly countries should not pose a problem.
    Post should take appropriate steps, in coordination
    with the host government, to ensure that the
    individual is permitted to travel and protected
    from possible adverse actions (e.g., by their
    country of nationality).  If the individual lacks
    means to pay for transportation, post should
    consult with the Department regarding options.
    Approved refugees are eligible for a transportation
    loan administered by the International Organization
    for Migration (IOM) (the recipient will be
    responsible for eventual repayment).  In
    exceptional circumstances, USG-funded
    transportation assistance for parolees may also be
    possible through IOM.  Requests for such assistance
    should be sent to the Department (specifically
    PRM/A) for consideration.

    ¶65.  (S/NF) In unfriendly countries, transportation
    out of the country may prove impossible or
    impractical.  In such cases, the individual should
    be informed that if he/she makes their way to a
    more friendly country, the United States will
    consider them for admission.  To the extent
    possible without compromising the confidentiality
    of the individual's request, post should monitor
    the situation and ensure that, if the individual
    leaves the country, he/she is met by USG or UNHCR
    officials at the first possible transit point.

    ¶66.  (U) Minimize considered.
    CLINTON

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