Policing Across the Atlantic

EU-US Relations & Transnational Crime-Fighting

By
Official U.S. Navy Page
Policing Across the Atlantic : EU-US Relations & Transnational Crime-Fighting - John D. Occhipinti

Abstract

This article examines cooperation between the EU and the US in the fight against transnational organized crime, especially terrorism. This includes the EU's internal reaction to the terrorist attacks on the US, as well as transatlantic initiatives involving Europol, judicial cooperation, container and airline security, and travel documents. Despite the emergence of transatlantic tensions, the period since 9/11 is notable for greater, not lesser, cooperation between the EU and the US.

The EU's Internal Response to 9/11

The most noteworthy aspect of the EU's reaction to 9/11 was its uncharacteristic speed. As the US pursued its own measures to address the increased threat of terrorism, it also intensified its efforts to pressure other states to do the same. The EU's reaction was swift. On the very day of the attacks, Javier Solana, the EU's High Representative for Common Foreign and Security Policy (CFSP), expressed the Union's solidarity with the US. Stronger backing came during the European Council meeting held in Brussels on September 21, when the EU articulated its full support for the American people and pledged to cooperate with the US.

In addition to these symbolic gestures, the EU was also quick to answer US calls for action in more substantive ways. On September 12th, Europol, the young European Police Office based in The Hague, established a crisis center that would be open around the clock to receive and distribute data concerning the attacks. It soon became clear that some of the 9/11 suspects had previously been living in Europe, causing investigators on both sides of the Atlantic to pursue leads in Germany, Spain, Italy, The Netherlands, Belgium, and the United Kingdom (UK). Europol utilized a special exception built into its data protection rules (by declaring the post-9/11 environment "a life threatening situation") to allow it to share phone records of the 9/11 terrorists with US authorities and to help cross-check them. Europol's director at the time, Jürgen Storbeck, also complained publicly that his staff could do more to prevent such attacks if only member states' criminal police and intelligence authorities would share more information with his office.

Meanwhile, the legislative response of the EU also came with remarkable speed. Within days of 9/11, the Commission proposed two legislative framework decisions already noted on the EU's so-called "JHA Scoreboard," which encompassed its plans for the AFSJ. One measure was aimed at harmonizing anti­terrorism criminal codes in the member states. The other proposed the creation of the European Arrest Warrant, designed to simplify and expedite extradition among EU member states. Despite some initial concerns about civil liberties (as well as other issues), both matters were rapidly approved by the JHA Council before the end of 2001. Given their controversial nature in many member states, their passage would surely have taken much longer were it not for the sense of urgency created by the attacks on the US, as well as a willingness of the EU to demonstrate its commitment to the fight against terrorism. However, as memory of 9/11 faded and dissatisfaction with the overall American approach to the global war on terrorism increased after 2002, both measures were met with delays when it came to their transposition into national law.3

In addition to these initiatives, louder American demands for global actions against terrorism caused the EU to expedite its fight against the financing of terrorism and organized crime. Just weeks after 9/11 the Council of Ministers and European Parliament (EP) reached a compromise on a long-delayed directive that had been proposed in 1999 to stop money laundering by reducing banking secrecy. Similar progress was also made on new EU legislation covering the freezing of criminal assets. Responding to American pressure, the EU also reacted quickly to freeze the assets of twenty-seven groups and individuals thought to be involved in some way in the terrorist attacks of 9/11.

One sore point in transatlantic relations would emerge over the financing of terrorism regarding the EU's refusal to include the political wing of Hamas on its list of terrorist organizations. The UK, Germany, and Netherlands favored doing so, which would lead to its assets being frozen, but the French and Belgians were opposed for fear of cutting off Hamas's social services and harming Middle East Peace efforts. However, soon after the US-EU summit in Washington, DC of June 2003, a new spate of suicide bombings directed against Israelis finally prompted the EU to include the Hamas' political wing on its terror list.4

In sum, the EU's immediate reaction to the events of 9/11 was swift, and, on a several fronts, many US demands were met. Yet, by the fall of 2002, the terrorist attacks of 9/11 ceased to provide a sense of urgency for EU action on anti­terrorism, which would not return until the Madrid bombings of March 2004.

Hoping to regain its momentum, the EU created the office of a counter terrorism coordinator with the intention of promoting the implementation of measures already approved, as well as improving the sharing of intelligence among national authorities.5 The former Dutch MEP and Interior Minister, Gijs de Vies, was appointed to the new post and was quickly dubbed as the EU's "Mr. Terror."6

Another task faced by de Vries, who was born in New York City, was to help improve security cooperation with the US. Indeed, the spirit of transatlantic solidarity that marked the immediate period after 9/ 11 had since been supplanted by historic lows in US-EU relations. The toxicity of transatlantic relations after 2002 would certainly aggravate US-EU collaboration to fight terrorism and organized crime, but it would not prevent progress all together.

By the time de Vries took office, a variety of cooperative efforts were already well underway, and US-EU relations were actually improving.? Soon after this, the annual transatlantic summit was held at Dromoland Castle, Ireland in June 2004 and produced a "EU-US Declaration on Combating Terrorism." Though this did little more than reaffirm several priorities and ongoing initiatives, it was a sign that transatlantic progress was continuing and much was left to be accomplished.

Introduction

The terrorist attacks of September11, 2001 promoted the development of Justice and Home Affairs (JHA) within the European Union (EU), while simultaneously raising the prominence of security issues on the transatlantic agenda.' The events of 9/11 provided new impetus for the EU to hasten internal progress across a range of JHA issues aimed at creating its planned ''area of freedom, security, and justice" (AFSJ). These attacks also contributed to new areas of cooperation between the EU and the United States (US), including transatlantic ties involving Europol, judicial cooperation, container and airline security, and travel documents. 9/11 brought about a shared sense of urgency to fight terrorism, but the newly implemented measures have also contributed more generally to the common battle against transnational organized crime.

Despite the historic prominence of internal security issues at the Tampere European Council of 1999, policy-making on JHA was slow until 2ooi.2 Internal security also figured relatively low on the transatlantic agenda. This lack of progress and attention was compounded by emerging difficulties in transatlantic relations after the inauguration of President George W. Bush, stemming both from substantive, as well as stylistic, differences across the Atlantic. Regarding the first source of trouble, there were significant disagreements on a variety of issues, including global warming, the International Criminal Court, and US plans for a National Missile Defense. Concerning foreign policy style, it was also clear, by the summer of 2001, that the Bush Administration was quite willing to forgo multilateral foreign policy approaches when others means seemed more expedient. In sum, the transatlantic relationship was hardly in perfect health on the eve of 9/ 11, and the prospects were dim for enhancing US-EU collaboration to fight terrorism and organized crime.

Conclusions

The events of 9/11 transformed transatlantic relations on JHA. Indeed, the period of 2002-2005 in US-EU relations must be viewed as a period of greater, not lesser, cooperation on JHA, despite the many bumps in the road along the way. In addition, it should not be overlooked that on some issues during this time, it was actually the US that made concessions from its original position to resolve disagreements with the EU.25

Finally, by the end of 2004, it was clear that the Bush Administration was making a greater effort to consult with JHA officials at the EU level, rather than bypassing it for bilateral talks with key member states or direct dealings with the private sector on security matters. In fact, on a visit to Europe in January 2005, outgoing Secretary of the DRS Tom Ridge announced US plans to appoint a new homeland security attache to the EU, with the objective of strengthening transatlantic cooperation against terrorism. This position will become part of the US mission to the EU in Brussels and will be the main American point of contact for JHA matters in the EU. The new JHA attache is intended to be both a symbol of US commitment to increased cooperation with the EU and a means to allow regular communication at an operational level.26 The effectiveness of this new transatlantic link remains to be seen, and clearly there are several potentially contentious matters on the horizon, such as the issues related to travel documents outlined above.

Indeed, this is the case for many aspects of the evolving transatlantic relationship on JHA. Since 9/11, a variety of new initiatives have been developed, but some of these must still be implemented, and others have yet to be used to their full potential. This is also true for the changing legal and institutional infrastructures of crime-fighting within the US and the EU. For the US, the task is to continue its efforts to reshape its crime-fighting, antiterrorism, intelligence, and border security capabilities, as well as implement the recommendations of the 9/11 Commission Report. The EU, meanwhile, needs to make progress on\its recently-approved JHA agenda for 2005-2011 (known as the "Hague Program"), the successor to the goals established by the Tampere European Council. As part of this, the EU must ensure that its newly-approved initiatives are actually implemented and properly used at the national level, especially in the new member states.27 In sum, much of what of what is needed to "police the Atlantic" is either in place or already on the drawing board. The challenge facing policymakers in the VS and EU is to coordinate their initiatives to ensure that the common fight against transnational organized crime and terrorism will be successful.

Notes

US-EU Relations After 9/11

Forging transatlantic agreements fits well with the EU's increasing emphasis on the external dimensions of its internal security. However, after 9/11, the US was often more concerned about achieving results and doing so quickly than it was about maintaining healthy relations with the EU. Consequently, the US often bypassed the EU level when making new policy and, instead, worked directly with effected industries or European governments. On some issues, disagreements between the US and EU also emerged on the extent to which civil liberties would be emphasized in new security measures. On other issues, the EU was simply unable to respond to new American policy initiatives quickly enough. Through it all, there were indeed many instances of transatlantic tensions, but the development of US-EU relations on internal security cooperation was unprecedented.

COOPERATION WITH EUROPOL

Once the issue of terrorism was thrust upon the transatlantic agenda, it was not long before discussions were underway to establish a formal cooperation agreement between Europol and the US, which Jurgen Storbeck had promoted in the press soon after the 9/11 attacks.8 Although this agreement was already envisioned for the future and talks had been underway for months, establishing such a pact had once been low on Europol's list of priorities. Reaching accords with the expected accession countries was considered to be more urgent, given many of the internal security concerns that were related to EU enlargement. In the aftermath of 9/11, reaching an agreement with the US became much more important for Europol, and, with this in mind, Storbeck joined an EU delegation that visited the US soon after the attacks.

In December 2001, ensuing talks led to the signing of a cooperation agreement between the US and Europol, allowing the exchange of technical information on terrorist threats, crime patterns, and smuggling routes. However, Europol's rules covering data protection prevented the sharing of specific personal data, thereby excluding the exchange of names, addresses, photographs, and criminal records. Subsequently, the US and EU began to negotiate a supplemental agreement to allow such information to be shared.

By this point, Europol had already signed cooperation agreements with the two non-EU members of the Schengen free travel zone (Iceland and Norway) as well as four of the candidate states (Poland, Hungary, Estonia, and Slovenia). In these cases, the EU had first approved of these countries' data protection mechanisms before allowing information-sharing pacts. The problem was that, unlike these countries, the US lacked a single authority for data protection, normally a requirement for a full cooperation agreement with Europol.

As it already enjoyed bilateral information sharing agreements with most member states, the US was not eager to draft new legislation to appease Europol's Joint Supervisory Body (JSB), charged with its data protection. In the end, the JSB reluctantly relented on the data protection issue, deciding that an agreement with some assurance of data protection by the US was better than the possibility of information from Europol finding its way to the US (via member states) devoid of any restrictions.9 The personal information sharing agreement was finally concluded in December 2002, but only after the EU received guarantees about data protection and assurances that its officials would not be liable for civil damages awarded by US courts regarding data supplied by Europol.

This enhanced US-Europol agreement permits the exchange of a variety of personal data regarding the detection, suppression, investigation, and prosecution of any specific criminal offense for any analytical purpose. Europol may exchange data not only with American federal law enforcement authorities (e.g. in the Departments of Justice or Homeland Security), but also with state and local authorities in the US. This means, for example, that data collected by Germany's Bundeskriminalamt (BKA) and shared with Europol could eventually find its way to detectives of a municipal police department in the US.

As negotiations continued on data sharing, the initial US-Europol agreement allowed Europol to open a liaison office in Washington, DC by the start of September 2002. This was based at the Commission Delegation office and staffed with two Europol agents. The US had appointed a Federal Bureau of lnvestigation (FBI) liaison to Europol soon after 9/11, but he had been withdrawn just a few months later, embarrassing Europol and leaving underutilized this potentially important link for transatlantic cooperation.10 In October 2004, amid improving US-EU relations, Attorney General John Ashcroft announced the re-appointment of the FBI liaison, with an emphasis on combating terrorism and counterfeiting. It remains to be seen how much valuable criminal intelligence will flow in both directions across the Atlantic and whether this can effectively contribute to the common fight against transnational organized crime and terrorism.11

JUDICIAL COOPERATION

While discussions on the Europol agreement were still underway, transatlantic talks on a judicial cooperation accord regarding both mutual legal assistance (MLA) and extradition had already begun.12 Formal negotiations on these two matters started in May 2002 and lasted nearly a year due to the complex issues at hand, as well as the posturing of some member states on the connection between extradition and the death penalty. This was a point the US was prepared to concede from the outset, but it became an issue amid its controversial treatment of suspected terrorists held without trial at Guantanamo Bay.

Despite rising tensions over the war with Iraq, outstanding differences between the two sides were eventually resolved, allowing the accord to be signed on the occasion of the US-EU summit in June 2003. One part of the agreement covers MLA while the other deals with extradition. It should be noted that these measures supplement, but do not totally replace, existing bilateral arrangements, many of which were in need of updating.

The agreement on MLA provides a legal basis for the creation of international joint investigation teams and eases restrictions on banking secrecy to promote the common fight against money laundering and the financing of terrorism. The new agreement also facilitates the sharing of evidence for prosecution, allowing documents to be exchanged more quickly by fax or email and legal testimony to be given by video conferencing.

The part of the agreement covering extradition proved to be more divisive, with controversial proposals coming from both sides. For its part, the US demanded that its extradition requests be given equal consideration as claims made by EU member states for the same suspect via the new European Arrest Warrant. The final compromise reached on this point of "competing claims" leaves the matter up to the member state holding the suspect but lays down several criteria for determining which request to grant, including the location of the offense at hand and the nationality of any victims.

Meanwhile, several EU states, led by France, sought assurances that suspects extradited to the US would not be subject to military tribunals, rather than proper criminal trails. In this context, these states pushed for inclusion of a reference to EU treaty Article 6.2, which binds member states to respect fundamental rights. In the end, this was not done, but the (non-binding) preamble of the accord notes that the two sides' legal systems "provide for the right to a fair trail to an. extradited person, including the right to adjudication by an impartial tribunal established pursuant to law." The extradition agreement also bars the imposition of capital punishment on suspects handed over to American authorities. That is, the death sentence might be handed down, but assurances must given that it will not actually be carried out.

On October 1, 2004, the Netherlands became the first EU member state to sign a bilateral implementing accord with the US regarding the agreement. Luxembourg became the eighth EU country to do so in February 2005, and, as the country holding the EU presidency at the time, announced its intention to promote progress on this among the remaining older EU states, as well as the ten new members.13

CONTAINER SECURITY

In January of 2002, US Customs14 launched the "Container Security Initiative" (CSI) to help secure cargo and shipping infrastructure (ships, ports, etc.). Each year, twelve million maritime shipping containers arrive in the US. For years, less than two percent of these containers were ever thoroughly inspected, making them ideal devices for organized crime groups to smuggle drugs and other illicit cargo. Even after 9/11, with new resources and technologies being implemented at North American ports and border crossings, less than four percent of all containers are checked. This has led to increasing concerns that a container could be used to launch a terrorist attack against the US (e.g. by transporting a dirty bomb). is The CSI was intended to address this, as only those ports that met its terms would be allowed to send cargo to the US.

The US initially targeted only the world's twenty busiest ports with the new security measures, including fourteen ports in eight EU member states, such as Rotterdam, Antwerp, Hamburg, Bremerhaven, Le Havre, Algerciras, and Liverpool. These ports had to establish dedicated shipping terminals for US-bound cargo and allow American customs inspectors to work side-by-side with local officials to screen outbound cargo. In addition, on February 1, 2003, the requirements of the CSI were expanded to include the rule that shippers must inform US authorities of the contents of their cargo at least twenty-four hours before a container is loaded onto a US-bound ship. This affords authorities time to search for anomalies in shipping manifests or patterns in order to target some containers for closer inspection before they reach an American port. Due to fears of being cut off from the lucrative American market, the governments of the ports named under the CSI rushed to reach bilateral agreements with the US to meet the new security terms.

The imposition of the CIS created friction in transatlantic relations for a number of reasons. In the view of the European Commission, the CSI went beyond what was agreed to in the Group of Eight in 2002, and, by pressuring member states into bilateral agreements, the new rules violated the existing US-:-EU customs cooperation accord of 1997. The EU also criticized the extra-territorial nature of the twenty-four-hour rule, which it claimed distorted trade among its ports and pitted them against each other within and across member states. Moreover, the Commission argued that member states' bilateral agreements with the US violated EU treaty Article 133 (on common trade policy) and Article 10 (which calls upon the members to abstain from measures that would jeopardize the Community's customs union). Based on this, the Commission initiated treaty infringement proceedings against the EU members that had signed bilateral accords with the US, namely the Netherlands, France, Belgium, and Germany; later, the UK, Italy, Spain; and eventually Sweden.

In response to the Commission's objections, the US expressed its op ness to a new customs agreement with the EU but also its unwillingness for a low the negotiation of this to delay new security measures. In any case, the US argued that it lacked the proper resources to deploy Department of Homeland Security (DHS) inspectors to every European port, meaning some would initially be excluded from the CIS out of necessity. Amid ongoing informal talks on the issue, Fritz Bolkestein, Commissioner for Internal Market affairs (including the customs union), proposed a plan to the Council in January 2003 to extend the 1997 accord. On March 18, 2003, the Commission received a formal negotiating mandate from the Council and consequently suspended its legal actions against the effected member states.

Meanwhile, the Commission had proposed its own package of measures to improve container security within the EU. As part of this, the EU would also have a twenty-four-hour rule, but this would apply only to the arrival of cargo at an EU port, not its loading onto a ship bound for the EU (as under the CSI). Parallel to these developments, talks with the US moved slowly, as the EU pushed for a reciprocal arrangement on container security. One sticking point for the EU was the twenty-four-hour rule, but once the Commission learned that most European traders were already in compliance with this restriction, it softened its position. This facilitated an agreement, which was initialed on November 18, 2003 by Commissioner Director-General for Taxation and Customs Union, Robert Verrue, and US Ambassador to the EU, Rockwell Schnabel.

The new plan is based on the general principles of the CSI and the EU's own proposals and establishes a working group to settle many outstanding details. The Council formally approved this agreement in March 2004, and it was signed by US and EU leaders in Washington, DC a month later.16 By January 2005, twenty of the thirty-four ports where the CSI had been implemented were in the EU (in nine member states).

AIRLINE SECURITY

Similar to its actions on container security, the US not only unilaterally imposed new guidelines on airline security, but also initially bypassed the EU level while doing so, which precipitated additional tensions in transatlantic relations. On the basis of the Aviation and Transportation Security Act of November 2001, the US government instructed airlines to share passenger data with DHS authorities before take-off to, from, or through the US. The information would come from the database known as the "passenger name record" (PNR), which is created when tickets are booked. Domestic airlines were forced to begin data transfers soon after the law took effect, but the European Commission won a delay for EU-based carriers, which were also governed by the EU's 1995 directive on the protection of personal data. The DHS gave the European airlines until March 5, 2003 to comply with its new rules.

At issue were the types of information to be shared as well as how long and for what purpose data would be held by US authorities. The US was demanding that thirty-nine different types of data be shared from the airlines' PNR and wanted to hold this data for up to seven years for possible use in fighting any kind of crime. The European Commission called for limits in each of these areas. Barring an agreement, EU-based air carriers faced the choice of violating the data protection directive, which could bring sanctions from the Commission, or facing stiff American fines (i.e., $6,ooo per passenger) and the possible denial of landing rights.

As the deadline neared, the European Parliament (EP) and the EU's independent "Article 29 working group," composed of national data protection commissioners, expressed their concerns about the legality of the data transfers. The US did not back down, however, and the Commission felt compelled to reach a temporary deal in hopes of winning concessions later through formal negotiations. When the interim accord was reached in February 2003, the Commission instructed European air carriers to comply with the new rules, and some EU-based airlines began transferring data on March 4, 2003 (e.g. Air France, British Airways, and Iberia). Smaller airlines, such as SAS and Alitalia, were eventually given a later deadline of September 12th.17 The sharing of PNR data was met with additional skeptical opinions by the Article 29 group as well as the EP, the latter of which passed a nearly unanimous resolution in October 2003, promising to bring the Commission before the European Court of Justice (ECJ) if, after two months, there was no agreement to protect the personal data of EU citizens.

Transatlantic negotiations on the issue yielded little progress until December 2003, when the US made several significant concessions from its original position.18 The DHS agreed to hold PNR data for just three-and-half years, use the data only to detect potential terrorists, and limit its access to specially designated staff. In keeping with EU demands, the agreement also precluded the "bulk-sharing" of PNR data with other federal agencies, meaning, for example, that data can only be transmitted to the FBI on a case-by-case basis. The US also agreed to ask for only thirty-four PNR data fields to be shared. The EU had wanted just nineteen PNR data fields to be included but conceded on this after receiving American assurances that "sensitive" data covering ethnicity and religion would be deleted following initial screening. Originally, the US planned to identify "no fly" passengers by filtering PNR data through the next generation of the Computer Assisted Passenger Pre-screening System (CAPPS II). In this regard, the EU won another concession, as the filtering issue was left out of the agreement with the US.19

Over the strong but non-binding objections of the EP, the Commission and the Council of Ministers took steps by May 2004 to legalize the agreement with the US. Although the EP later brought the matter before the ECJ to have the accord overturned, the court refused to apply its accelerated procedure to the matter. Consequently, no ruling is expected for two to three years, by which time the current US-EU agreement will have expired.20

Meanwhile, US concessions on the issue of "sky marshals" had also helped reduce transatlantic tensions on that issue. France and the UK were agreeable to using armed guards on flights, but most other EU members were either skeptical of this or outright opposed to it. Following talks with EU officials in Brussels !n January 2004, deputy secretary of the DHS, Asa Hutchinson, indicated that ;the us had relented on its original intentions to ban inbound flights without armed guards when threat assessments called for this. The US continued to press individual member states to employ sky marshals until late April 2004, when it declared that it would no longer force the issue on countries opposed to this (e.g. Denmark and Portugal). In fact, this announcement came at the first ever US-EU "dialogue on border and transport security" held in Brussels, at which both sides also agreed that there should be more transatlantic discourse on security issues so that neither side would be surprised by the plans of the other. 21

TRAVEL DOCUMENTS

While the PNR issue was largely resolved by the summer of 2004, another potential crisis regarding foreign transatlantic travel was still brewing. This stemmed from a new American border entry program, known as US VISIT, based on legislation passed both before and after 9/11. Its main innovation was the requirement that, as of January 5, 2004, visa-holding visitors to the US must place their finger in a biometric reader for comparison with digital records on file. Visitors from the twenty-seven countries that participate in America's Visa Waiver Program (VWP) were initially exempted from this procedure, but the program set a deadline of October 1, 2003--later extended to October 26, 2004--for their passports to be machine readable.

In addition, passports issued after the October 26, 2004 deadline were required to contain at least one biometric identifier. For several years now, all EU countries have been issuing October 26, 2004 for their passports to be machine readable and contain two lines of data that can be optically scanned. However, biometric passports, which contain microchips embedded with facial images or fingerprints, will not be issued in most EU countries until the end of 2005 at the earliest. In sum, these new rules meant that European visitors would not only be fingerprinted on arrival to the US, but they would also be required to have visas if they held older, non-machine readable passports or passports issued after the deadline without biometrics.

On this issue, there appeared to be a looming crisis. Of the fifteen EU member states prior to May 2004, all but Greece's citizens enjoyed the VWP. Among the ten new members, only Slovenians participated. Along with some concerns for personal privacy, none of these countries expected to be able issue biometric passports soon enough to meet the American deadline, meaning that their citizens would have to go through the trouble and expense of obtaining visas. At the same time, American consular and DHS officials worried about how they would handle the expected five million extra visa applications annually.

An important related concern is the enduring need to bring all of the new EU member states into the VWP without delay. It is possible that one member state could invoke a solidarity procedure that would require other EU states to demand visas from all US visitors. At the high-level meeting held in Brussels in April 2004, both US and EU officials expressed a desire to avoid this, as well as any kind of crisis over visas.22

In fact, weeks before the Brussels meetings, the Bush Administration had asked Congress to grant the VWP countries a two-year extension. While the US Senate was inclined to grant this, the House of Representatives opted for an extension only until October 26, 2005, and this became official .in August 2004. As this deadline approaches, US and EU officials will have to lobby Congress for yet another extension to avert a crisis that neither side seems to want.23 Indeed, problems have, from the start, stemmed mostly from timing, for the EU had already been working on legislation to require its own passports to contain biometrics. In June 2004, the Council approved the inclusion of facial images and, in October, a fingerprint requirement was added.24

John D. Occhipinti, Ph.D., is Associate Professor of Political Science at Canisius College, Buffalo NY. He has published on justice and home affairs in the EU and lectured for the U.S. State Department at the Foreign Service Institute.