1. Europe's well publicized march towards a single economic market in 1992 and a borderless Europe has created concerns in the United States about the potential impact of the Single European Communities (EEC) as well as the movement of terrorists and drugs from Europe to the United States. The fight against terrorism and narcotics has captured the attention of the American public and Congress, and legitimate questions are being raised about what security controls European nations will maintain in the post-1992 period.
2. The United States and Europe face similar challenges in trying to track and reduce the movement of terrorists, drug traffickers and criminals. The US Government should continue to monitor carefully this evolving 1992 security structure. America's European allies should also develop a mechanism for formal consultation on these vital security issues that are of mutual concern to both the Community and the United States. Although a borderless Europe will not become a reality in January 1992, the process is underway. Expanded US-EEC co-operation and exchange of information on the EEC's emerging security order will benefit both America and the Community in our shared goal of fighting terrorism and drugs and of cooperating on other law enforcement issues.
3. Because of common Atlantic interests to combat this threat, it was agreed by the Political Committee at the 35th Annual Session in Rome to produce a Special Report. This document represents a US perspective. For the 36th Annual Session in London, Mr. Bruce George, Chairman of the Political Committee, will contribute a European perspective. A joint text will then be debated in London.
4. It is important that members of the NATO Alliance keep in mind that terrorism knows no borders and respects no passports--just as it respects no human life. During the past decade in Western Europe, there have been 1,843 international terrorist attacks.
5. In any given year, international terrorist attacks affect the citizens and property of about 80 nations. Sometimes the terrorists deliberately focus their attack on one nationality. In most cases, they are not very discriminating. Grenade fragments do not check a persons passport before tearing into their flesh.
6. Citizens of about 20 nations were flying on Pan Am 103 when a terrorist bomb destroyed it over Scotland in 1988. A similar number of nations were represented aboard the Achille Lauro when it was hijacked in 1985. Citizens from half a dozen countries or more are likely to be at an airline ticket counter, a sidewalk cafe, or aboard any given airliner in Europe.
7. The terrorists themselves often travel several countries. Although the Pan Am case is still under investigation, press reports have indicated that the investigators have been pursuing leads in countries from Sweden to Cyprus. It is likely that the terrorists also spent time in West Germany. In other major terrorist operations, such as the attacks on the Rome and Vienna airports in 1985 and the Greek ferry boat City of Poros, the terrorists have also moved across international borders to inflict their damage. In numerous cases, Middle Eastern terrorists have travelled into Western Europe through airports or other facilities in Eastern Europe, or they travelled from Lebanon via Cyprus. The terrorists are not always Middle Easterners carrying on their conflict in Europe. Europe has its own share of tensions. In 1989, ETA, the Basque Fatherland, and Liberty terrorist group detonated a bomb in front of the Spanish Embassy in The Hague, badly injuring five residents of the host country. Over the years, West Germany's Red Army Faction has conducted a number of terrorist operations in other European countries that resulted in the killing and wounding of police in both the Netherlands and along the Swiss-German border.
8. Americans in Europe are not insulated from this threat. These attacks affect us too. In those attacks during the past decade in Western Europe, the United States was involved in 583, or nearly one third of the incidents. The cycles ebb and flow from year to year, and there has been some recent reduction in the attacks in Western Europe, but we cannot be sure that we will enjoy a long-term respite. This could be jsut a temporary lull in terrorist activity.
9. America's involvement in Europe is deeper than the statistics of terrorist attacks. Europe is where most Americans have their cultural roots. It is a major destination for tourists and businessmen. US diplomats and troops are also assigned to Europe. Large numbers of Americans are in Europe at any given time. At the same time, the European countries have their own interests in this American presence. Hunderds of millions of dollars were lost in the wake of the 1985 attacks on TWA 847 and the Achille Lauro cruise ship and not just by the airline and passenger liner industries. Those who sold food and other supplies to the passenger liners, the hotels, and others who depend so heavily on the tourist trade were also victims, in a broader sense, of the major terrorist attacks.
10. EEC 1992 also has serious implications not only for terrorists activities, but for narcotics trafficking in Europe. International drug syndicates are now increasing their operations in Europe. The Latin American drug organizations see the US drug market as being saturated. Europe is viewed as a lucrative area for cocaine sales. In addition to the obvious impact of cartel activity on drug abuse and crime in the EEC, the drug syndicates will establish a firm foothold in Europe and maintain their enterprises throughout that region well into the future. Already, wholesale prices for cocaine are estimated to be four times higher in Europe than in the United States. Ideal growing conditions and civil unrest in drug producing areas have produced record levels of opium yields in Southeast and Southwest Asia. Already, US officials have seen increasingly sophisticated smuggling techniques in Europe with drugs destined for the EEC and North America.
11. Americans are also interested in the planned security controls in a borderless Europe for other reasons that are closer to home. Terrorists who move around Europe without being apprehended can more easily cover their tracks and travel to the United States where they can plan and execute their operations. Although America has experienced minimal domestic terrorist activity, the US Government must remain vigilant to this distinct possibility. Many terrorism experts suggest that foreign terrorism in the United States can be expected in the future. Opium from Lebanon's Bekaa Valley that is headed for the United States will surely arrive in New York if the EEC's anti-narcotics efforts are lessened. Drug abuse is already serious enough to be classified as a national security problem.
12. For American readers of this document, it is helpful to know something about the genesis of the concept of a Europe without borders. Europeans have been considering removing border controls for many years. The European Economic Community was established with the purpose of creating a single market for the harmonious development of economic activities. One of the goals of the member states is the removal of obstacles to the free movement of persons, services, and capital throughout the Community. The Single European Act of 1987 provides the necessary political impetus and the legal framework to achieve a truly unified market by 1992. The 12 member states of the EEC are clearly past the point of no return in their march toward 1992.
13. The removal of physical barriers is seen as an essential part of having a truly borderless Europe. This will require the removal of immigration controls and customs checks that currently mark Europe's existing internal frontiers. At present, EEC nationals are stopped at frontiers for immigration and tax checks. Police or immigration officials screen travellers to determine if their passports or identity cards are in order for immigration and security purposes. The customs staff check to determine if travellers owe money to tax authorities for the goods they have with them. Police controls at existing internal frontiers vary depending on where a traveller makes a crossing from one country to another, or by what form of transportation a visitor enters another country. Terrorists and criminals continue to be apprehended at these internal frontier checkpoints.
14. The movement of goods will also be affected in a future borderless Europe. Frontier checks perform a valuable function in meeting the administrative, fiscal, health and other needs which they are designed to serve in checking the flow of products or stopping the flow of contraband, including illegal substances, throughout Europe.
15. How will the movement by terrorists, criminals, drug traffickers and drugs themselves be monitored and checked in a post-1992 Europe without these internal controls?
16. A number of EEC organizations, including numerous committees and many working groups, are working on the multitude of security and related issues associated with the EEC 1992. In addition to terrorism and drugs, the groups are discussing a panoply of technical issues to include the co-ordination of visa policies, immigration problems, extradition, international crime, co-operation between criminal justice authorities, and improved controls at external frontiers.
17. The Trevi Group was created in 1977 and comprises the Interior and Justice Ministers and police chiefs of the 12 EEC member states. Trevi is responsible for co-ordinating co-operation among police and intelligence agencies of the EEC and it focuses on crime, terrorism, and narcotics interdiction. The group is the lead entity on EEC terrorism concerns. The United States is an invited observer at the Trevi meetings.
18. The European Political Co-operation (EPC) effort promotes a common foreign policy among member nations. The EPC has a working group studying terrorism and judicial co-operation along with issues of border controls.
19. The Ad Hoc Immigration Group is reviewing both the policy and the mechanical aspects of eliminating frontiers in the EEC.
20. The Internal Market Council is devising measures needed to bring about the 1992 single market.
21. The EEC Commission, being the EEC's executive secretariat, will be responsible for drafting the legislation that will make a borderless Europe a reality.
22. The Pompidou Group is composed of 19 countries within the Council of Europe. The Group deals with transnational drug trafficking issues.
23. The Schengen Group: In 1984, the European Council issued a declaration on the abolition of police and customs formalities concerning the movement of persons and goods across the frontiers. Germany and France signed an initial agreement in 1984, with the Benelux countries joining in 1985, that was designed to remove gradually the controls at their common frontiers by January 1990. The Schengen Agreement contains both short-term and long-term measures and concerns itself with the issue of drugs, firearms and ammunition, mutual judicial assistance, frontier controls, frontier surveillance, visas, rules on stays by aliens, and the asylum question. The Agreement was designed to speed up the removal of controls throughout the Community and was seen as an initial effort to test the feasibility of removing border controls.
24. Although the Schengen Agreement is technically complete, there is a political hold on it. There is concern on the part of some member countries about the unchecked movement of Eastern Europeans and third country nationals into their countries if the German border issue is not resolved. The key element in the Schengen principle is that open borders between Schenger countries require strict control on the outer borders of the Schengen area. A future united Germany would be required to guarantee the outer border of the Schengen area.
25. The Schengen Group agreed that although border posts did not have to be eliminated, the free passage of citizens of Schengen countries across frontiers would be honored. The Group also prepared a list of 59 `risky countries' for which the Schengen countries all require visas. Regarding the `hot pursuit' of fleeing criminals two options were agreed. A country may permit police from other Schengen countries to cross its border to pursue and arrest criminals, but only within an area near the border. The other option permits police from other Schengen states to pursue felons anywhere in its territory. The member states agreed to maintain their current laws concerning the movement of arms and illicit narcotics with great reliance placed upon enhanced police co-operation and information exchange to apprehend traffickers.
26. At this point, the Schengen approach appears to be workable once the German border question is resolved. Only time will tell if the agreements made among the Schengen countries will withstand the test of time and provide free movement to the citiens of the member states while protecting the security interest of the Schengen countries. The understanding arrived at in forming the Schengen approach to a borderless Europe may serve as a model for the entire EEC in the future.
27. The Rhodes Group is composed of EEC states and is responsible for managing issues relating to the impact of the 1992 single market on the border control issue. The Group deals with the many commissions that are responsible for resolving this complex issue. American officials have conveyed to the Rhodes Group their concerns about the single market decision and its impact on the movement of terrorists and narcotics not only throughout the EEC, but to the United States as well. The U.S. Government stressed the importance of working together with the Rhodes Group to approach common problems and better enhance co-operation between the EEC and the United States on the vital issues of counter-terrorism and counter-narcotics. The United States has made overtures to EEC countries to establish a more comprehensive mechanism to deal with drug-related issues. To date, however, little progress has been made on this initiative.
28. As the numerous EEC commissions and organizations--some of which have not been mentioned here--have carefully studied the many challenging aspects of EEC 1992, there apears to be a consensus building that a complete Europe will become a reality not in 1992, but somewhat later. There is also a general agreement that the control of terrorists, criminals and drug traffickers, as well as other problems, are exceedingly complex and will only be resolved by employing special control meaures.
29. During recent discussions among EEC member countries about 1992, the EEC interlocutors agreed on a series of compensatory measures to accompany the EEC's planned elimination of internal borders. To avoid the movement of terrorists, drug traffickers, illegal aliens and other undersirables into and within the EEC after 1992, these measures are now being discussed:
Establish common visa policies among EEC counties including a list of countries whose nationals must present visas to enter the EEC.
Strengthen security at outer borders of the EEC; e.g., develop a common lookout list, data exchange, common automated systems and common vocabulary.
Set standards for extradition.
Develop closer liaison between law enforcement officials; develop training programs, exchanges and technical cooperation, e.g., on fraudulent documents.
Reach agreement on criteria for asylum to deter asylum `shoppers'.
Develop a common approach to illegal immigration, combat `coyotes', remove illegals.
Enhance judicial co-operation despite different legal systems (Roman versus Common Law).
Under the Naples Convention, improve customs services co-operation.
Develop policy on financial flows.
Encourage member countries to adhere to basic international agreements, e.g., the Vienna Convention on Drugs.
Consider binational police brigades for hot pursuit in border areas.
At Foreign Ministry and Interior Ministry political level, study the terrorist phenomenon, its evolution, geographic location and various groupings.
Study and cooperate on other types of crime which are international in nature, e.g., organized crime and drug trafficking.
In some countries, e.g., the Netherlands, local police will have to become more involved in alien matters.
30. The Community will continue to review these compensatory measures and will eventually adopt directives that are designed to ensure that additional controls will be available to offset the increased risks created by the movement of terrorist and drug traffickers when the EEC fully implements its single market program. Given the international nature of terrorism and drug trafficking, EEC-US cooperation in planning a strategy for the future to combat these common threats to citizens on both sides of the Atlantic is both prudent and necessary.
31. Americans and Europeans all have an interest in what happens in Europe as it moves to comply with the single market program calling for the elimination of internal border controls. When this borderless Community becomes a reality, people and goods will be able to flow freely within the EEC. There are of course many advantages to this. We in Congress can appreciate the advantages of this visionary goal, being conscious of the divisions and barriers between the thirteen newly independent American states during the period of weak confederation before adoption of our Constitution which prohibited such barriers between the states.
32. There are also risks and challenges presented by the new freedom to travel within the EEC. The modern world also has its own set of problems and they include international drug traffickers, criminals and terrorists. They too will find it easier to travel and it will be a challenge to try to find ways to make it more difficult for them to penetrate the outer borders of the EEC and to control their movements when they attempt to operate within the borders of the Community.
33. As a Member of Congress committed to the fight against international terrorism and illicit substances, I remain concerned about the impact that a borderless Europe in 1992, or later, will have upon our common ability to combat international terrorism and illicit narcotics. I suggest these questions for each EEC member state:
How will the Community enforce its visa, immigration and asylum policies? This will impact on how terrorists can legally enter and move within the EEC.
How does the EEC standardize external Community border controls? This will affect the ability of terrorists and drug traffickers to gain illegal entry into the EEC.
How does the EEC develop a common extradition policy? This will determine whether terrorists and drug traffickers can be effectively prosecuted and sentenced for their crimes.
How does the EEC enact uniform laws procedures on crime, gun control, money laundering and the right of `hot pursuit' into another country's jurisdiction? This will determine how terrorists and drug traffickers can be intercepted.
How does the EEC integrate and internationalize national law enforcement/intelligence agencies and systematize information exchange? This will determine how the EEC can effectively monitor the movement of terrorists and drug traffickers to intercept them and prosecute them.
The EEC's performance on these issues will also impact on America's ability to combat international terrorism and drug trafficking.
34. There is some concern in the US Government about aspects of the EEC's plan to strengthen security controls greatly at the outer borders of the Community. International counter-terrorism cooperation depends upon the ability of allied countries to monitor professionally movement of terrorists across borders. It is well known that some of the nations that will protect the EEC's external borders are less than efficient from a security point of view in performing counter-terrorism and counter-narcotics duties. It can be assumed that terrorists and traffickers will attempt to penetrate the EEC's outer borders at the weakest points. Should these borders be breached, the Community could be faced with a serious terrorist threat, or a terrorist could use the security failure to find his way to the United States. A drug trafficker can inflict equal pain on the societies of both the EEC and the United States with successful deliveries of illicit substances.
35. A possible remedy to this potential problem would be enhanced security training for those countries seen to be weak in applying border control procedures, or the imposition of an EEC requirement that all outer border countries implement a series of upgraded security practices for border control and that a Community-wide security compliance inspection program be established.
36. There is also concern about the newly emerging democracies in Eastern Europe and how the EEC, in the process of strengthening its outer borders, will deal with those countries in conducting outer frontier checks. Although many of those states are becoming pro-Western in their policies and have already begun to distance themselves from terrorism, some of those nations provided various forms of indirect backing to nations known to be state supporters of terrorism. A few of these countries provided travel facilities and hospitality for terrorists. In previous years, Middle Eastern terrorists would fly from that region into certain Eastern European capitals to avoid the tighter security checks and suspicions they might encounter if they flew in directly from Beirut or Damascus to a Western European capital. Caution and tighter security on the part of the EEC outer border countries in dealing with travellers coming from Eastern Europe would be prudent at this time.
37. More should also be done in the area of counter-narcotics. Recognizing the benefits of free movement of commerce and citizens, international drug traffickers, not unlike the terrorists, will search out and exploit the path of least resistance into the EEC. A single country with limited customs enforcement capabilities can negatively impact other member countries. As the EEC moves toward making the simple market a reality, some type of co-operative effort to upgrade weak customs services should be pursued. Increased intergovernmental co-operation in the war against drugs is essential if the Community's external frontiers are to be strengthened.
38. To sustain counter-narcotics efforts in controlling drug trafficking, drug organizations must be attacked at the top levels. This can be accomplished by making a commitment to long-term investigations using modern enforcement techniques. EEC members can best confront the drug groups by undertaking money-laundering investigations, employing controlled delivery techniques, monitoring precursor chemicals, targeting major traffickers, staging cross-border surveillance, and disseminating information on EEC-wide trafficking trends and forecasts. EEC member states will be more effective in their war on illegal substances if they enhance the Community's collective ability to conduct complex investigations directed at major trafficking organizations.
39. The decisions made by the EEC concerning the control of terrorists, drug traffickers and criminals in the Community of 1992 will have a direct impact on Americans both in Europe and in the United States. There are definite counter-terrorism and counter-narcotics ramifications for the United States as various EEC commissions draw up the future security and border control strategy of a united Europe. Since both the EEC and the United States face the scourges of terrorism and narcotics abuse, a serious effort should be undertaken to develop a mechanism for consulting with the United States on what will be the new security order in Europe and, in particular, what will be done to counter both drug traffickers and terrorists, common threats to both Americans and Europeans. European decisions on how to confront these challenges will have a direct bearing on how the United States deals with each of them as well. Europeans should also have the benefit of having American input into their thinking about a future European security system.
40. It has often been said that international co-operation is an essential element in winning the war against drugs and terrorists. The U.S. Government is looking forward to expanding its existing ties with the EEC organizations now shaping the border control aspects of EEC 1992 and to work closely with the Community planners who are crafting the Community's future strategy for countering both terrorists and drug traffickers. In the past, America and Europe worked closely together in keeping the peace, confronting Communism and bringing about the political sea change that the world is witnessing today. New threats have now emerged. I believe that terrorism and drug trafficking can also be eliminated through enhanced co-operation in resolving these common problems.