DEMARCHE DELIVERED: MONTREAL CONVENTION AND COSTA

UNCLAS SAN JOSE 000861 SIPDIS DEPT FOR EEB/TRA/OTP BJSILER, EBB/TRA/AN DHUTCHENS AND WHA/CEN; PLEASE PASS TO FAA E.O. 12958: N/A TAGS: CS EAIR ECON ICAO SUBJECT: DEMARCHE DELIVERED: MONTREAL CONVENTION AND COSTA RICA REF: STATE 109135 ¶1. (U) Econoffs met with officials of the Direccion General Aviacion Civil (DGAC) on October 28 to urge the GOCR to ratify the Montreal Convention (reftel). DGAC officials, led by DG Jorge Fernandez Chacon, affirmed the GOCR's commitment to the principles of the Convention and their interest in ratifying it. ¶2. (U) However, Chacon maintained that the DGAC had completed its role last year by recommending that the Convention be ratified. Action had passed to the Casa Presidencial (where the Convention is still under review) and would ultimately move to the Legislative Assembly (national legislature) for ratification. Given the Legislative Assembly,s arcane rules and plodding pace, however, ratification may not come soon. According to Chacon and his team, the DGAC can only follow-up its request and push to have the Convention sent quickly from the Casa Presidencial to the Legislative Assembly. Once the legislature takes up action, the Executive branch,s ability to speed ratification is limited. ¶3. (U) Chacon said he had contacted Casa Presidencial in May to determine the progress on the request to ratify the Montreal Convention. Casa Presidencial told him then that completing the Central American Free Trade Agreement (CAFTA-DR) was the GOCR's top legislative priority; other issues would be addressed after CAFTA-DR implementing legislation was completed. ¶4. (U) The DGAC officials assured Econffs they would try to speed up the ratification of the Montreal Convention in two ways. First, they would remind the Casa Presidencial that ratification is also of interest to the USG. Second, the DGAC would work with Diputado Luis Carlos Araya (PLN) of the Legislative Assembly, a key supporter of aviation issues. Araya is a pilot by trade and has previously assisted the DGAC in getting legislation passed and treaties ratified. ¶5. (SBU) COMMENT: The GOCR may seem to be moving at a snail,s pace toward ratification of the Montreal Convention, but Chacon and his DGAC team accurately describe the challenges. Until the end of this year, the Arias administration is likely to remain focused on implementing CAFTA-DR. All other legislative priorities, including those far more politically important than the Convention (such as fixing the nation,s outmoded crime laws or funding the crumbling national infrastructure),will be delayed. In addition, with the next national elections scheduled for early 2010, the legislative process here may be even more complicated (and slower) than usual during 2009, which will be dominated by the (already started) political campaign. Thus, although we will continue to follow this issue and urge ratification of the Montreal Convention, we do not anticipate fast action. CIANCHETTE