Identifier
Created
Classification
Origin
08BUENOSAIRES173
2008-02-14 10:01:00
CONFIDENTIAL
Embassy Buenos Aires
Cable title:  

ARGENTINA: PUTTING SECURITY COOPERATION BACK ON

Tags:  PREL PGOV KJUS KWNM SNAR AR 
pdf how-to read a cable
VZCZCXYZ0002
PP RUEHWEB

DE RUEHBU #0173/01 0451001
ZNY CCCCC ZZH
P 141001Z FEB 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 0242
INFO RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEABND/DEA HQS WASHINGTON DC PRIORITY
RUEHLP/DEA LA PAZ FEB PRIORITY
RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RHMFISS/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RHMCSUU/FBI WASHINGTON DC PRIORITY
RHMFISS/HQ USSOUTHCOM MIAMI FL PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
C O N F I D E N T I A L BUENOS AIRES 000173 

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/14/2018
TAGS: PREL PGOV KJUS KWNM SNAR AR
SUBJECT: ARGENTINA: PUTTING SECURITY COOPERATION BACK ON
TRACK

REF: BUENOS AIRES 124 AND PREVIOUS

Classified By: Ambassador E. Anthony Wayne for reasons
1.4(b)and(d)

C O N F I D E N T I A L BUENOS AIRES 000173

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/14/2018
TAGS: PREL PGOV KJUS KWNM SNAR AR
SUBJECT: ARGENTINA: PUTTING SECURITY COOPERATION BACK ON
TRACK

REF: BUENOS AIRES 124 AND PREVIOUS

Classified By: Ambassador E. Anthony Wayne for reasons
1.4(b)and(d)


1. (C) Summary: Ambassador met February 12 with Minister of
Justice and Security Anibal Fernandez for the first time
since Miami court proceedings relating to the Antonini Wilson
suitcase scandal put a chill on relations in mid-December.
Ambassador reiterated that the focus of the case is on
violations of U.S. laws and unlawful activities in the United
States. Fernandez said he understood and that the issue is
behind us. Fernandez also assured the Ambassador that any
vestiges of the bilateral crisis would not affect close
USG-GOA cooperation on security issues. Ambassador stressed
his hope that the Argentine legislature would pass pending
anti-trafficking in persons legislation, if possible with
amendments addressing concerns about consent by adults.
Fernandez stated there was a good chance the legislation
would pass in the February special session of Congress, and
that he had already instructed his federal law enforcement
agencies to prepare for the new law. But the version to be
passed will be the version passed by the Senate (which says
consent is irrelevant only for minors). The Ambassador then
urged that Fernandez and the government make clear that they
will implement the law vigorously for adult and minor
victims. (Later the same day, Cabinet Chief Minister Alberto
Fernandez confirmed that the President had approved quickly
passing the Senate version of the law in order to rapidly get
a federal law in place.) Ambassador noted the planned visits
in the next few weeks and months of several senior FBI and
other U.S. officials and representatives, and reviewed
training and cooperation plans of Embassy agencies with
Argentine law enforcement agencies. End Summary.

BILATERAL RELATIONS BACK TO NORMAL
--------------


2. (C) On February 12, Ambassador, A/LegAtt and PolOff met
with Anibal Fernandez for the first time in his new Cabinet
position as Minister of Justice, Security and Human Rights.
Fernandez was the Minister of Interior under President Nestor

Kirchner, with oversight of Argentina's law enforcement
agencies (LEA). He maintained that portfolio when he moved
to Justice. Fernandez (no relation to President Cristina
Fernandez de Kirchner) was one of the Embassy's key
interlocutors in the previous administration. He is also a
loyal foot-soldier of the First Couple, and helped to lead
the GOA's verbal assault against the USG in the immediate
aftermath of the suitcase scandal, even though he told at
least one Embassy contact that he did not agree with that
approach.


3. (C) Fernandez explained to the Ambassador that much of
the criticism was political, i.e., aimed at the domestic
audience. He said he understood the Ambassador's
explanation that the focus of the criminal case in Miami was
on unlawful activities by actors in the United States, agreed
that the manner in which the case broke was unfortunate, but
said there is no use "crying over spilt milk" and that the
issue was behind us. Ambassador noted that, while the
Embassy's operational cooperation with Argentine LEAs had
continued over the past two months, some Argentine LEA
counterparts were hesitant to fully engage with us as they
had before, apparently because they are unsure that they have
top-level clearance to do so. Fernandez assured the
Ambassador that everything was normal and that he would make
sure his LEAs clearly understood the message that cooperation
with the USG should continue.


4. (U) Ambassador briefly reviewed with Fernandez proposed
training and equipment donations for Argentine LEAs,
including: INL-funded computers and vehicles for the Northern
Border and Eastern Border anti-narcotics Task Forces,
ICE-donated computers for the Federal Police's cybercrime
unit (with a focus on going after internet child
pornography),proposed training courses for the Gendarmeria
(Border Patrol) and Prefectura Naval (Coastguard) provided
through the MilGp, as well as upcoming ATA assistance.
A/LegAtt noted that the FBI was still interested in sending a
Gendarmeria officer to its National Academy. A candidate had
been selected to begin the course in January 2008, but was
pulled out the last minute in the wake of the arrests in
Miami of the undeclared Venezuelan agents. Fernandez said he

was very appreciative of and greatly valued the cooperation
and assistance from the USG. He said he would move
immediately to nominate the Gendarmeria officer to attend the
FBI training as soon as the Embassy informed him of the
dates. Fernandez said he was also looking forward to meeting
with a number of senior FBI officials planning trips to
Buenos Aires in March and May, as briefed by the Ambassador.

TIP LEGISLATION ON THE HORIZON
--------------


5. (SBU) Fernandez said he thought there was a good chance
that long-pending anti-TIP legislation will be passed during
the legislature's extraordinary session in February. (The new
legislature does not begin regular sessions until March). He
noted, however, that it would most likely pass with the issue
of consent being irrelevant only for minors, a restriction
the Embassy and anti-TIP activists and several legislators
have worked hard to overcome. He explained that commercial
sex workers unions and other powerful interests strongly
opposed legislation that made consent irrelevant for adult
trafficking victims. As a result, the only way to get the
legislation passed is to make consent irrelevant only for
minors. He said President Cristina Fernandez de Kirchner had
approved the approach in order to get a federal law in place
rapidly, and to get anti-TIP action underway. (Ambassador
raised TIP with the President on January 31.) (Note: The bill
passed by the Senate in December 2006 makes consent
irrelevant for those under 18. While the promotion,
facilitation, or exploitation of people into prostitution is
illegal in Argentina, the individual act of prostitution is
legal. End Note.)


6. (SBU) Fernandez clearly recognized this shortcoming of
the anticipated legislation, but stressed that trying to
establish the "perfect" law had delayed the "possible" law
for over a year-and-a-half. In the meantime, he said, LEAs
and prosecutors did not have the jurisdiction or tools to go
after traffickers. The GOA had established a national
anti-TIP action plan, but could not implement it without the
legislation. A key part of that plan is providing refuge,
treatment, and other assistance to TIP victims. (Later the
same day, Chief of Cabinet Minister Alberto Fernandez told
the Ambassador that President Fernandez de Kirchner had
approved moving with the Senate bill in order to get federal
anti-TIP legislation in place rapidly and federal action
underway. He explained that the government would be vigilant
on consent for adults but that it also faced a serious lobby
of concerned "business people" as he imagined the U.S. faces
in Nevada where prostitution is legal.)


7. (SBU) Ambassador noted that it might be possible to
address some of the new law's shortfalls through the
implementing regulations, once it comes to that stage, and
urged the Minister to make this clear as the law is passed
and implemented. Fernandez agreed that this was a
possibility, and also did not discard the possibility of
eventually amending the expected legislation to bring it more
into line with international standards.

COMMENT: GO-TO GUY AND HATCHET MAN
--------------


8. (C) Fernandez was very upbeat, positive, and candid in the
meeting (as he generally is in private),and seemed to
genuinely want to put the Miami case behind us. Perhaps
because he is such a central interlocutor for the Embassy on
law enforcement matters, Fernandez was one of the means by
which the GOA blasted the USG over the Miami case. Fernandez
seems to accept this role, which he plays on many domestic
political matters, without internalizing it. His
micromanagement of his large portfolio often makes his desk a
bottleneck, with resulting delays for training and other
issues. But when we can get his attention, he is almost
always responsive and accommodating.


9. (C) Comment Continued: On anti-TIP legislation, it seems
that the Senate anti-trafficking bill is the version that
will pass, given Cristina Fernandez de Kirchner's comfortable
majorities in both chambers in the Congress. While this
falls short of Argentina's Palermo Protocol obligations, it
does represent a positive step forward in the GOA's efforts
to combat human trafficking. Anti-TIP activist Susana de
Trimarco told Ambassador separately that Fernandez had

assured her he will see that the TIP legislation is
vigorously implemented, noting that her daughter was over 21
when taken. She said he also told her he would consider
subsequent legislation to amend the law. Fernandez told the
Ambassador that he saw Trimarco as a valuable partner for the
Federal Police and Gendarmeria in cracking down on
trafficking rings. Post will continue to work with the GOA,
provincial governments, and civil society to educate them on
victim's consent in hopes that the issue can be addressed
either in the implementation phase or if a future opportunity
to amend the law presents itself.

WAYNE