Identifier
Created
Classification
Origin
07MADRID1670
2007-08-31 14:08:00
CONFIDENTIAL
Embassy Madrid
Cable title:  

ODYSSEY UPDATE: AMBASSADOR DELIVERS ODYSSEY

Tags:  PREL EWWT PBTS PHSA SCUL SP CA 
pdf how-to read a cable
VZCZCXRO5700
PP RUEHAG RUEHROV
DE RUEHMD #1670/01 2431408
ZNY CCCCC ZZH
P 311408Z AUG 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 3297
INFO RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUCNMEM/EU MEMBER STATES COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 MADRID 001670 

SIPDIS

SIPDIS

STATE FOR EUR/WE, L, AND OES

E.O. 12958: DECL: 08/31/2017
TAGS: PREL EWWT PBTS PHSA SCUL SP CA
SUBJECT: ODYSSEY UPDATE: AMBASSADOR DELIVERS ODYSSEY
DIPNOTE TO FOREIGN MINISTER

REF: A. SECSTATE 116004


B. MADRID 01359

Classified By: AMBASSADOR EDUARDO AGUIRRE FOR REASONS 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 MADRID 001670

SIPDIS

SIPDIS

STATE FOR EUR/WE, L, AND OES

E.O. 12958: DECL: 08/31/2017
TAGS: PREL EWWT PBTS PHSA SCUL SP CA
SUBJECT: ODYSSEY UPDATE: AMBASSADOR DELIVERS ODYSSEY
DIPNOTE TO FOREIGN MINISTER

REF: A. SECSTATE 116004


B. MADRID 01359

Classified By: AMBASSADOR EDUARDO AGUIRRE FOR REASONS 1.4 (b) and (d)


1. (C) Summary. On August 29, the Ambassador delivered
reftel A dipnote to Foreign Minister Miguel Angel Moratinos,
who promised to provide a subsequent diplomatic note
incorporating the necessary information and assurances.
Post's DHS-ICE Attache, who already has in hand the import
documentation requested by Spanish Customs, will provide that
information once the Embassy receives the note. Meanwhile,
the Odyssey Explorer vessel remains docked in Gibraltar, but
potentially may leave port in September. If this occurs,
Spanish enforcement agencies will likely attempt to detain
and search the ship in an effort to learn more about the site
of the Black Swan shipwreck, which GOS believes to be of
Spanish origin. The Ambassador urged Minister Moratinos to
ensure that the ship and any American citizens on board be
treated with due consideration should this occur. End
Summary.

--------------
AMBASSADOR DELIVERS DIPNOTE
--------------


2. (C) On August 29, the Ambassador delivered reftel A
dipnote to Foreign Minister Moratinos, who expressed
appreciation for the USG assistance on this matter.
Moratinos promised to provide a subsequent diplomatic note
within a week taking into consideration the concerns raised
by the Ambassador. The import documentation from Customs and
Border Protection has been received by Post's DHS-ICE
Attache, who will deliver them to Spanish Customs once MFA
provides the diplomatic note. (Note: Although these
assurances are not necessary for DHS-ICE to share the
information with Spanish customs, this step is one which Post
feels will reinforce the seriousness of confidentiality
concerns.)


3. (SBU) During the meeting with Moratinos, the Ambassador
urged that the GOS treat the remaining Odyssey ship, the
Odyssey Explorer, with due consideration if or when the

vessel sails from Gibraltar. The Ambassador added his
concerns for the fair treatment of any U.S. citizens that may
be on board, referencing complaints about aggressive Spanish
treatment during the week-long detention of the Odyssey's
other vessel, the Ocean Alert. Jose "Pepe" Pons, MFA's
Director General for Europe and North American Affairs, also
present in the meeting, acknowledged the Ambassador's
comments but noted that the search warrant against the
Odyssey ship was of a judicial nature, and as such the MFA
had no purview over its execution.

--------------
ODYSSEY SHIP MAY SAIL OUT IN SEPTEMBER
--------------


4. (C) In a separate conversation August 27, representatives
from the British Embassy told EconOff that the Odyssey
Explorer would most likely begin offloading its cargo at a
British Defence Ministry Pier September 1, allowing the ship
to sail out without fear of its cargo being confiscated by
the Spanish. During the conversation with EconOff, the
British Embassy official explained that the Ministry of
Defence as well as the Government of Gibraltar were partially
responsible for the Odyssey Explorer's long stay in
Gibraltar. Both governments delayed allowing Odyssey
offloading privileges while considering a request from Spain
to confiscate the materials. This past week, the British
Ministry of Defence received a letter from Odyssey lawyers
threatening a legal suit if the cargo "embargo" continued.
The Ministry reviewed the terms of its contract with Odyssey
and Odyssey's use of the MoD pier, and determined that
Odyssey could have a valid case. Hence the British will
allow Odyssey to offload starting September 1.


5. (C) The Spanish search warrant against this vessel remains
active, and as such Spain may attempt to detain the ship as
it sails in disputed international waters, past the 3-mile
mark from Gibraltar's coast. In a related incident July 12,
Spanish authorities detained Odyssey Marine Exploration's
Ocean Alert vessel for one week while executing the same
Spanish search warrant to which the Odyssey Explorer is
subject (ref B). Spanish forces forcibly escorted Odyssey's
Ocean Alert from disputed international waters into the Port
of Algeciras. The Ocean Alert was searched extensively, and
some materials confiscated, but was allowed to leave the
Spanish Port of Algeciras a week later. During this search,

MADRID 00001670 002 OF 002


no crew members were arrested. The British Embassy filed a
diplomatic note denouncing the Spanish incursion into
disputed international waters, but decided not to pursue
stronger action.

--------------
COMMENT
--------------


6. (C) Each day that the Odyssey Explorer remains in
Gibraltar represents 20,000 euros that Odyssey must pay in
docking fees to the British government. Given this cost, it
is likely that the ship will sail out as soon as it is able
to offload and assure the safekeeping of its cargo. The
cargo includes both underwater exploration machinery as well
as additional artifacts from the Black Swan shipwreck site,
such as ingots and wood remains. Spanish officials want
these materials because they believe that the artifacts will
support assertions that the Black Swan shipwreck is of
Spanish military provenance. Regardless of whether these
materials are on board when the Odyssey Explorer sails out,
it is likely that the Guardia Civil and Spanish Navy will
attempt to detain and search the ship. Though local press
coverage of the Black Swan shipwreck has diminished in recent
weeks, concern about the issue has not. As an example, the
new Spanish Culture Minister recently announced to Congress a
new national plan to protect Spain's "underwater
archeological heritage."
AGUIRRE