ANTIGUA/BARBUDA: TWO STEPS BACK ON HALF MOON BAY

C O N F I D E N T I A L BRIDGETOWN 000181

SIPDIS

SIPDIS

STATE FOR WHA/CAR-COLLINS AND L/CID-WALTER
COMMERCE FOR TODD FOX

E.O. 12958: DECL: 02/02/2017
TAGS: EINV CASC PGOV KIDE AC
SUBJECT: ANTIGUA/BARBUDA: TWO STEPS BACK ON HALF MOON BAY
CASE

REF: A. 12/06/06 ROGERS-SHANNON LETTER (NOTAL)


B. 06 BRIDGETOWN 1706

Classified By: Ambassador Mary M. Ourisman for reasons 1.4 (b) and (d).

Summary
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1. (C) On January 22, EconOff met with Amcit Natalia Querard,
Managing Director of Half Moon Bay (HMB). Querard complained
about harassment she has been experiencing, allegedly
instigated by the Government of Antigua and Barbuda (GOAB),
and the perceived apathy of the State Department. Querard
came close to a resolution with the GOAB in September 2006,
but this prospective settlement now seems to have fallen
apart, prompting her attorney to send a letter to the
Departments of State and Commerce requesting immediate
action. End Summary.

Threats and Harassment
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2. (C) On January 22, EconOff met with Natalia Querard,
Managing Director of Half Moon Bay, to obtain an update
regarding her property dispute with the GOAB. Querard
thanked EconOff for requesting a face-to-face meeting.
Querard discussed recent incidents of harassment and threats
that she believed to be retaliation by the GOAB for her
lawsuits against the government for its expropriation of Half
Moon Bay. These incidents include damaged property, illegal
break-ins, denied access to the Internet, and enormous
electricity charges levied against her by the GOAB's utility
company. These incidents were also described in a December
6, 2006 letter to Ambassador Ourisman, Assistant Secretary
Shannon, and Todd Fox from Querard's counsel, William D.
Rogers (ref A). Post understands that L/CID will respond to
Rogers' letter.

Inaction of Department of State
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3. (C) Querard also used the meeting to criticize the U.S.
Embassy in Bridgetown and the Department for their inaction,
but did imply she had a contact in the State Department who
has been very helpful to her. When asked for the person's
name, Querard changed the subject and asked that the U.S.
government consider imposing sanctions on GOAB under the
Helms-Burton Act, or other forms of retaliation.

So Close, Yet So Far Away
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4. (C) As indicated in reftels, Embassy's repeated efforts to
facilitate a mutually satisfactory resolution of the dispute
have been unsuccessful. William D. Rogers, Querard's
attorney and a former U.S. Assistant Secretary of State for
Inter-American Affairs, negotiated a Memorandum of
Understanding (MOU) with the GOAB last fall. The MOU was
considered a breakthrough and was supported by Querard and
both the Attorney General and Prime Minister of the GOAB.
According to Rogers and Querard, however, it was later
sabotaged by another attorney hired by Querard, who engaged
in parallel discussions with the Attorney General, without
Querard and Roger's prior knowledge. In light of the
apparent collapse of the MOU, Rogers requested in his
December 6 letter (ref A) that the Departments of State and
Commerce take immediate action against the GOAB.

Comment
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5. (C) The September 2006 MOU appeared to be a significant
step toward a mutually acceptable resolution. It now appears
the resolution has taken the proverbial two steps back. A
negotiated settlement is the best way to resolve this
dispute. However, each new setback in a mutually acceptable
resolution appears to increase mutual suspicion, which
prevents progress toward resolution of this longstanding
expropriation.
OURISMAN