NIGERIA: FAA PROPOSES CANCELING TECHNICAL ASSISTANCE WITH

UNCLAS SECTION 01 OF 02 ABUJA 002207 SENSITIVE SIPDIS DEPT PASS TO USTR- AGAMA, USTDA - FITTS/MARIN AND EXIM - JRICHTER DEPT PASS TO USAID AFR/SD FOR MICHAEL CURTIS - DOT FOR FAA MEL CINTRON E.O. 12598: N/A TAGS: EAIR ECON EAID ASEC ERTD PREL NI SUBJECT: NIGERIA: FAA PROPOSES CANCELING TECHNICAL ASSISTANCE WITH NIGERIAN CIVIL AVIATION AUTHORITY REF: ABUJA 194 SENSITVE BUT UNCLASSIED - NOT FOR DISTRO OUTSIDE USG ¶1. (SBU) Summary. The Ambassador and Nigerian Civil Aviation Authority (NCAA) Director General Dr. Harold Demuren met on November 3 to discuss the possible cancellation of Nigeria's technical assistance (TA) program with the U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA). The FAA planned to cancel TA because the NCAA accepted TA from a contractor/consultant working for the Boeing Company to draft regulations as part of the NCAA's quest to receive Category 1 status (in compliance with minimum international standards for aviation safety). The Ambassador said she was really disappointed that NCAA would do this and that she expected them to get back on track with FAA as soon as possible; especially with the upcoming U.S. Mission/NCAA lead Aviation Workshop scheduled for November 17 and 18. Demuren assured the Ambassador that the situation was resolved and that the DOT/FAA was reconsidering reestablishing the agreement. Demuren reported that he would meet with USG DOT/FAA in Washington on November 5 to discuss further and would brief the Ambassador as soon as he returns to Nigeria. The possible TA cancellation jeopardizes Nigeria's efforts to reach category 1 status in the near future and could disrupt USG/GON cooperation in other areas. Demuren has made attaining category 1 status a major point of his administration. We understand that Demuren has met with FAA in Washington and FAA intends to continue technical assistance to NCAA. End Summary. ¶2. (SBU) The Ambassador met with NCAA Director General Dr. Harold Demuren, with EconOff as note taker, on November 3 to discuss the pending cancellation of a TA Program between the NCAA and FAA. An FAA team was scheduled to visit with the NCAA from November 3-14; however the trip was cancelled. The Ambassador made strong comments to Demuren about not following FAA instruction on hiring outside consultants on the eight critical areas covered by the FAA agreement. She also said that she would be speaking with Boeing about the issue. Demuren assured the Ambassador that he had spoken with officials from DOT/FAA on October 29 and that he had personally implemented requested corrective actions with his staff. Demuren indicated that he was flying to the U.S. to attend meetings on November 5 with the DOT/FAA on the subject and give them his assurances. (Comment: The FAA planned to cancel TA because the NCAA accepted TA from a contractor/consultant working for the Boeing Company to draft regulations as part of the NCAA's quest to receive a Category 1 rating. Demuren called the Embassy from Washington on November 6 to say issues with FAA had been resolved and FAA intended to continue technical assistance to NCAA. End Comment). ¶3. (SBU) Demuren indicated that NCAA staff did not understand the differences between the assistance provided by the Boeing Company to various Nigerian airline carriers and the assistance provided by the FAA. Larry Williams, Aviation Safety Inspector and lead for the FAA technical assistance team to Nigeria, told Lagos EconOff October 29 that the consideration of TA cancellation was due to the NCAA's collaboration with Boeing in one of the eight critical areas, namely the drafting of regulations, covered under the FAA-NCAA's TA agreement. That being the case, FAA believed it could deploy its limited resources elsewhere (Note: The FAA team is providing TA through an agreement with the NCAA as the GON seeks a category 1 status in eight key areas: legislation, regulation, civil air authority structure and oversight functions, technical guidance, qualified technical personnel, licensing and certification, continued surveillance obligations, and resolution of safety issues. FAA Division Manager for International Programs and Policy Division Melvin Cintron told EconOff November 7 that NCAA and Boeing were called to a meeting on November 6 with many DOT/FAA representatives, and FAA told Boeing not to provide consultations on the eight annexes that the FAA TA is working on and that Boeing could provide consultations on the other nine annexes. End Note). ¶4. (SBU) The Ambassador explained that the NCAA's action gave the appearance of a conflict of interest. Again, Demuren assured the Ambassador that he had made this distinction to his team and they are cognitive of how to press forward. The Ambassador indicated that she would also meet with Boeing to clarify the issue. ¶5. (SBU) The U.S. Mission and NCAA formed a public private partnership to host a two day Aviation Safety and Security Workshop in Abuja on November 17 and 18. This event is a two day workshop that focuses on U.S. aviation safety and security, private sector expertise, and category 1 status to improve safety and security in Nigeria's skies. ABUJA 00002207 002 OF 002 ¶6. (SBU) COMMENT. Dr. Demuren seemed genuinely sorry for the incident and deeply appreciates USG assistance in Nigeria's quest to reach Category 1 status. Demuren has made attaining Category 1 status a major point of his administration. On November 7 Cintron told EconOff that the meeting with Demuren on November 5 was positive. In addition, on November 6, FAA told Boeing it was concerned and deeply disappointed in Boeing's actions. Cintron added that this incident has put Nigeria behind schedule, but that FAA has confidence that Demuren can stay the course to bring Nigeria to category 1 status. End Comment. ¶7. (U) This cable was coordinated with Consulate Lagos. SANDERS