[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9434-S9436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                 CYPRUS

  Ms. SNOWE. Mr. President, I rise today to bring to the Senate's 
attention a troubling development in our efforts to support the 
reunification of Cyprus. I have recently learned that the State 
Department is encouraging members of Congress and their staffs to 
initiate certain visits to the country through an airport in the 
illegally occupied area of the island--an airport that is not 
authorized by the Republic of Cyprus as a legal port of entry. In fact, 
the airport is built on property that was expropriated from its lawful 
owners following the Turkish invasion of Cyprus in 1974.
  As you may know, Cyprus was forcibly divided by an invasion of 
Turkish troops more than 30 years ago. Today, the United States and the 
world community recognize that the Turkish invasion was illegal, and 
that the Republic of Cyprus, which controls \2/3\ of the island, is the 
only legitimate government of Cyprus. For years, as reflected in our 
domestic law and echoed in several U.N. Security Council Resolutions, 
U.S. foreign policy has refused to give either recognition or direct 
assistance to the self-declared administrative authority in the 
occupied area, the so-called ``Turkish Republic of Northern Cyprus.'' 
Indeed, the Foreign Assistance Act of 1961, as amended following the 
Turkish invasion, has established that the United States supports a 
free government for Cyprus, the withdrawal of all Turkish forces from 
Cyprus, and the reunification of the island communities.
  On the specific matter of flights into Cyprus, the U.S. is bound by 
the Chicago Convention on International Civil Aviation, to which both 
the U.S. and Cyprus are signatories. The Chicago Convention provides 
that ``[t]he contracting States recognize that every State has complete 
and exclusive sovereignty over the airspace above its territory,'' 
including designation of official ports of entry. The Republic of 
Cyprus's sovereignty over the entire territory of Cyprus has been 
recognized and reaffirmed by numerous U.N. Security Council Resolutions 
as well as

[[Page S9435]]

long-standing U.S. policy. Because the Republic of Cyprus has never 
authorized direct flights into the airports in the occupied area, and 
because it has not designated these airports as official ports of 
entry, entering the country through these airports is a direct 
violation of the Chicago Convention. Simply put, our State Department 
should not be authorizing, encouraging, or even condoning such a 
blatant violation of international law.
  Moreover, flights into an occupied airport violate local Cypriot law. 
If Cypriots visit the United States, they cannot just land a plane in 
the middle of the country--they must land at an airport that is an 
immigration and customs point of entry. We would rightly object if a 
Cypriot landed at an unauthorized airport in our country, and we should 
not be encouraging Americans to do so in Cyprus.
  Over the past year, I believe the administration has been playing 
fast and loose with U.S. policy toward Cyprus, and has, at times, been 
less than forthcoming to me and others who are concerned with the 
viability of our efforts to facilitate reunification of the island.
  In late October 2004, officials from the U.S. Transportation Security 
Administration--over the protests of the Government of Cyprus--
conducted an inspection of the airport at Tymbou, which is one of the 
airports in the occupied area. When I expressed my concern to the State 
Department that such a visit was not appropriate because flights into 
that airport would violate international and Cypriot law and are 
inconsistent with U.S. law, the Department assured me that it was not 
changing its policy toward Cyprus. Instead, I was told that ``the visit 
. . . was a liaison visit to conduct a general review of the aviation 
security posture and was fully consistent with the TSA's mandate to 
promote international aviation security.'' It now appears that this 
visit may have been an early step toward encouraging Members of 
Congress and staff to land at this illegal airport.
  This past June, Members of Congress travelled, at the behest and 
funding of a Turkish Study Group, to occupied Cyprus and arrived at an 
occupied airport. Concerned that the State Department was permitting a 
blatant violation of international law and domestic Cypriot law, I 
raised this issue with the Secretary of State. I have now received a 
reply letter from Mr. Matthew Reynolds, Acting Assistant Secretary of 
State for Legislative Affairs, which I will submit for the Record.
  The letter indicates that the State Department has ``authorize[d] 
U.S. Government officials to travel directly to northern Cyprus using 
tourist passports.'' It further states, ``[w]e have taken great care to 
ensure that our steps are consistent with U.S. and international law. 
Neither U.S. nor international law prohibits U.S. citizens from 
traveling directly to the area administered by Turkish Cypriots. . . . 
In fact, courts in the Republic of Cyprus have explicitly refused to 
penalize Greek Cypriots who have chosen to so travel.''
  This position misses the mark on several levels. First, as I 
explained earlier, the Chicago Convention--to which the U.S. is bound--
bars flights into a country's territory without the country's consent. 
Cyprus simply has not consented, and thus these flights are flatly 
inconsistent with applicable international agreements. Second, although 
international law does not penalize individuals for taking such 
unauthorized flights, that point is irrelevant--the Chicago Convention 
is directed at States, not individuals. Third, there can be no doubt 
that such trips are suspect--even the State Department seems to admit 
they cannot be undertaken on an official government passport. And 
finally, the decision by the government of Cyprus not to prosecute 
those who make illegal landings is a gesture of restraint, designed to 
promote the freedom of movement among the two communities. It is absurd 
to use this commendable restraint as a justification for encouraging 
further violations of the law.
  As justification, Mr. Reynolds stated that ``we have taken [these] 
steps in support of the U.N. Secretary General's call on the 
international community to ease the isolation of the Turkish 
Cypriots.'' I agree this is a noble cause in principle, but it must be 
pursued in a way that is consistent with international norms, local 
Cypriot law, and broader U.S. and international efforts to bring 
together the two communities on the divided island. Several U.N. 
Security Council Resolutions--which the Secretary General's remarks did 
nothing to abrogate--confirm the sovereignty of the Republic of Cyprus.

  Moreover, the economic isolation of the Turkish Cypriots is already 
being addressed effectively by the ongoing economic support and 
confidence-building measures sponsored or supported by the Republic of 
Cyprus. Flights that conflict directly with international and Cypriot 
law and divide the two communities on Cyprus serve only to discourage 
the government of Cyprus from undertaking such positive measures. 
Moreover, there is literally no reason to encourage such flights--the 
government of Cyprus permits, and is even prepared in appropriate 
circumstances to facilitate, free passage to the occupied territory for 
those who arrive at a legal airport of entry.
  Cyprus joined the European Union in May 2004, and the EU has been 
very active on resolving the Cyprus problem, from providing a forum for 
resolving the dispute with Turkey to proposing direct economic 
assistance to the Turkish-occupied area. It is interesting to note, 
however, that the EU members respect Cyprus sovereignty--not one EU 
member country flies into the occupied airports. It is inappropriate 
for the U.S. to get ahead of the EU on the resolution of this conflict 
within its territory.
  I hope that my colleagues and their staffs who may be asked to visit 
Cyprus through an occupied airport will note the concerns I address 
here today. I would respectfully ask them to consider whether they 
think it is appropriate for a member of the Cypriot legislature to 
visit the United States through an illegal point of entry. I would also 
ask them to consider why the State Department has indicated that travel 
to occupied Cyprus should not be on an official passport or in an 
official capacity. I also urge members to read the Chicago Convention 
and the U.N. Security Council Resolutions on Cyprus to see that these 
actions are in direct contravention to our international commitments. 
And I ask them to consider whether it is appropriate for a U.S. 
official to land at an airport that was built on land illegally taken 
from its lawful owners following Turkey's invasion of Cyprus.
  While I have the floor, I would like to take a moment to review all 
the positive developments that we are witnessing in Cyprus, which 
continue despite the administration's divisive actions. It is 
undeniable that the situation in Cyprus is moving forward. The Republic 
of Cyprus has proposed measures to open new crossing points along the 
cease-fire lines; withdraw military forces from sensitive areas; 
increase the ability of Turkish Cypriot-owned trucks, tourist buses and 
taxis to cross the Green Line that divides Cyprus; increase trade 
across the Green Line, and open up ports to greatly facilitate trade. 
Further, the Republic of Cyprus is unilaterally clearing all land mines 
from the National Guard's minefields in the buffer zone.
  The Republic of Cyprus is also ensuring the economic development in 
the occupied area. Since April 2003 (when the Turkish military relaxed 
its movement restrictions) there have been more than 2.3 million border 
crossing by Cypriots into the occupied area. These visits have 
contributed more than $57 million to the economy of occupied Cyprus. In 
2003 and 2004, the Republic of Cyprus paid more than $43 million in 
social insurance for Cypriots in the occupied area. Turkish Cypriots 
have been provided by the Republic of Cyprus with more than $9 million 
in free hospital and medical care, and more than $343 million in free 
electricity. The Republic of Cyprus does not isolate its citizens 
living in the occupied area--more than 63,000 have been issued Republic 
of Cyprus birth certificates, more than 57,000 have been issued 
Republic of Cyprus identity cards, and more than 32,000 have been 
issued Republic of Cyprus passports.
  It is also important to remember that the U.S. and Cyprus have always 
enjoyed a strong relationship. We have worked together on terrorism, 
the war in Iraq, suppressing money laundering, and other initiatives. 
For instance, in the lead up to the war in Iraq, Cyprus

[[Page S9436]]

approved overflight rights for U.S. and other Coalition military 
aircraft as well as use of Cypriot airports. Important areas of 
cooperation between the U.S. and Cyprus are spelled out by the U.S.-
Cyprus Mutual Legal Assistance Treaty. The treaty has been in force 
since September 2002 and facilitates bilateral cooperation in the fight 
against global terrorism, organized crime, drug-trafficking and related 
violent crimes. Cyprus is the first European Nation to sign on to 
President Bush's Proliferation Security Initiative, which provides for 
shipping inspections and intergovernmental cooperation that is designed 
to stem the spread of weapons of mass destruction. The addition of 
Cyprus to the PSI is particularly significant because Cyprus has the 
sixth largest commercial shipping fleet in the world. It is plain that 
Cyprus and the United States share common goals and common values.
  This is a critical time for Cyprus. The two communities of Cyprus are 
moving together, their economies and peoples forming links like never 
before. The actions of the U.S. must encourage and foster 
reunification, not push the communities apart with divisive actions 
that challenge the sovereignty of the legitimate government of Cyprus. 
All Americans, whether officials from the administration or from this 
body, should educate themselves about these important issues before 
considering a trip to Cyprus though an illegal port of entry.
  I ask unanimous consent to print in the Record the following letter.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                          Department of State,

                                    Washington, DC, June 30, 2005.
     Hon. Olympia J. Snowe,
     U.S. Senate,
     Washington, DC.
       Dear Senator Snowe: Thank you for your letter of May 27 
     regarding the policy and legal basis for allowing U.S. 
     citizens, including U.S. Government officials, to travel 
     directly into northern Cyprus. Our policy approach is based 
     on our assessment of what is most likely to produce progress 
     toward the Cyprus settlement that we all want to see. The 
     Turkish Cypriot community's vote in favor of the Annan Plan 
     in April 2004 marked a historic shift by that community in 
     favor of such a settlement, and thus fundamentally altered 
     the situation on the island.
       Denying the Turkish Cypriots direct links with the 
     international community, despite the fact they have done what 
     the world asked of them, would in effect punish them for the 
     fact that the Annan Plan was not accepted by the majority of 
     Greek Cypriots. Such an approach inevitably would weaken 
     Turkish Cypriot support for a settlement. It would also 
     hamper efforts to narrow the economic gap between the two 
     communities, unnecessarily raising the cost to the Greek 
     Cypriots and the world of any prospective settlement.
       Based on this analysis, we have taken steps in support of 
     the UN Secretary General's call on the international 
     community to ease the isolation of the Turkish Cypriots. One 
     of the steps we took was to authorize U.S. Government 
     officials to travel directly to northern Cyprus using tourist 
     passports, for the purpose of establishing the sorts of 
     international links that we believe are appropriate. We 
     regret that some view our limited steps vis-a-vis the Turkish 
     Cypriot community to be in some way directed against the 
     Republic of Cyprus. We continue to work diligently not only 
     to maintain, but to enhance, our good relations with the 
     Republic of Cyprus.
       We have taken great care to ensure that our steps are 
     consistent with U.S. and international law. Neither U.S. nor 
     international law prohibits U.S. citizens from traveling 
     directly to the area administered by Turkish Cypriots. 
     Moreover, U.S. citizens are not alone in traveling to that 
     area: Greek Cypriots, other EU nationals, and foreign 
     nationals from non-EU countries regularly fly directly to and 
     from Ercan (Tymbou) airport. In fact, courts in the Republic 
     of Cyprus have explicitly refused to penalize Greek Cypriots 
     who have chosen to so travel.
       I hope this information is useful in understanding the 
     policy and legal basis of our decisions and clarifies that 
     our efforts are aimed solely at promoting a comprehensive 
     solution to the Cyprus problem so that all Cypriots can live 
     and work together in peace on a reunified island. If you have 
     any further concerns on this matter, please do not hesitate 
     to contact us.
       Sincerely,

                                          Matthew A. Reynolds,

                                       Acting Assistant Secretary,
     Legislative Affairs.

                          ____________________