NICARAGUAN TEDS REGULATOR RESIST PRESSURE FROM

C O N F I D E N T I A L MANAGUA 000486 SIPDIS SIPDIS COMMERCE FOR NATIONAL MARINE FISHERIES SERVICE OFFICE OF PROTECTED RESOURCES - ROBERT HOFFMAN E.O. 12958: DECL: 02/24/2016 TAGS: NU EFIS ETRD SENV SUBJECT: NICARAGUAN TEDS REGULATOR RESIST PRESSURE FROM KOREAN SHRIMPING COMPANY REF: SECSTATE 30607 Classified By: Ambassador Paul A. Trivelli for reasons 1.4 (b and d) ¶1. (C) During a February 22 meeting with ECONOFF, Director General Miguel Marenco of the Nicaraguan Fisheries Agency (ADPESCA) described a disturbing turn of events related to Nicaragua's turtle excluder device (TED) program. According to Marenco's account, the Korean-owned shrimp company CONIC currently faces $40,000 in fines for violations of Nicaragua's TEDs law, but is vigorously fighting any attempt to collect the fees. CONIC's efforts range from using the legal administrative appeals process, to a sending letter to the President of Nicaragua complaining that Marenco is violating his charge as a public servant, to allegedly offering Marenco a $10,000 bribe and threatening him with prosecution and even violence. It is likely that the administrative appeals will be advanced from ADPESCA, which is a subunit of the Ministry of Trade (MIFIC),to the Minister of Trade, and eventually to the Nicaraguan Supreme Court (CSJ). While ADPESCA is standing firm, Marenco is concerned about what could happen once the appeal leaves his control. He has consequently requested a letter from the Ambassador to the Minister of Trade to emphasize the danger to Nicaragua's shrimp interests should the GON back down on enforcement of the TEDs law - - We are drafting such a note. ¶2. (C) While post has no reason to doubt the transparency of the MIFIC appeals process, Marenco seems genuinely concerned, and the Nicaraguan courts are known to be subject to improper influence. Given the CSJ's susceptibility to improper influence in its decision making, it is not unforeseeable that the court could spare CONIC from having to pay its fines, which could in turn conceivably affect Nicaragua's ability to export shrimp to the US under Section 609 of P.L. 101-162. ¶3. (C) Post would appreciate any insights Embassy Seoul might have on the issue of this Korean firm evading a legitimate fine, and whether an approach to the Korean government might be in order. TRIVELLI