CIVIL AVIATION: SYRIAN PEARL, SARG RATCHET UP

S E C R E T DAMASCUS 000429 NOFORN DEPT FOR NEA/ELA, COMMERCE FOR CHRISTINO/SONDERMAN/JUST, NSC FOR SHAPIRO, PARIS FOR WALLER, LONDON FOR TSOU/SREEBNY E.O. 12958: DECL: 06/21/2019 TAGS: EAIR ECON PREL SY SUBJECT: CIVIL AVIATION: SYRIAN PEARL, SARG RATCHET UP CAMPAIGN AGAINST SANCTIONS REF: A. MADRID 489 ¶B. DAMASCUS 345 ¶C. STATE 49690 ¶D. STATE 47933 ¶E. MADRID 439 ¶F. DAMASCUS 286 ¶G. DAMASCUS 279 ¶H. 08 DAMASCUS 661 Classified By: Charge d'Affaires Maura Connelly, for reasons 1.5 (b) an d (d). ¶1. (S/NF) SUMMARY. The demise of the Syrian Pearl-Orion Air deal, due primarily to USG enforcement of sanctions, has been elevated to the highest levels in the SARG, with Syrian President Bashar al-Asad briefly raising the issue directly with SE Mitchell during their June 13 meeting, as outlined in official SARG press reports. The Spanish Ambassador in Damascus has been "called in" to discuss the issue with the Ministry of Foreign Affairs. EU interlocutors are asking why the USG chose enforcement against Syrian Pearl while ostensibly looking the other way when Cham Wings charter airline began operating with an MD-80 aircraft in 2008. The SARG reportedly detained the one aircraft that Spanish company Orion Air had delivered to Syrian Pearl under the original contract, and it also briefly detained its Spanish flight crew. Meanwhile, all sides are taking their story to the press, with Syrian Pearl running a full-page advertisement in four major newspapers blaming the U.S. "embargo" for interruptions in service, and vowing to lease new aircraft from "international" partners. In interviews with the Spanish press, Orion Air claimed the Spanish Ministry of Industry, Trade and Tourism had advised the lease "breaks no international trade law," and -- though having suspended its Syrian contract -- the company maintained that the lease arrangement does not constitute an export transaction. Separately, Syrian press reports indicate representatives of Airbus may have met with the Syrian Minister of Transportation in Paris recently, and Airbus may be preparing a formal request to Commerce for a license to sell aircraft to Syria. END SUMMARY. -------------- ASAD RAISES SYRIAN PEARL WITH SE MITCHELL -------------- ¶2. (S/NF) During the June 13 meeting between Asad and SE Mitchell, the Syrian President briefly raised the issue of the U.S. Department of Commerce's action against Orion Air of Spain which culminated in the termination of Orion's contract with the start-up private airline, Syrian Pearl (reftel NOTAL). ¶3. (S/NF) Asad's compliant, as outlined by official Syrian news reports after the meeting, has echoed loudly on the Damascus social circuit, where diplomats and Syrian business contacts have sought clarification and additional details regarding the U.S. action against Orion. One Syrian lawyer reportedly representing Syrian Pearl cornered Emboff at a chance encounter and complained bitterly about U.S. interference in Syrian affairs. Told the matter was simply a case of the U.S. government enforcing a law that had been on the books since 2004, the lawyer replied, "This shows you're not really for establishing normal relations." He added, "Obama can talk all he wants about engagement, but his policies are not different from (those of) Bush." -------------- SYRIAN PEARL LAUNCHES MEDIA CAMPAIGN -------------- ¶4. (SBU) Syrian Pearl Airlines hit the press this week, taking out a full-page advertisement in Al Watan, Al Baath, Tishreen and Al Thawra newspapers to apologize to its customers for the temporary suspension of flights "due to issues pertaining to the American embargo against Syria." The ad reassures the Syrian public that the company "will continue to set up operation plans and programs" through "ongoing contacts with international companies to procure new replacement aircraft." A separate article on the Syria Steps website calls on the SARG to re-examine the possibility of buying Russian aircraft, given that "the U.S. didn't grant its approval to the Europeans to sell Airbus to Syria "despite the American and European dtente with Syria." -------------- LOOKING FOR AIRCRAFT -------------- ¶5. (S/NF) EU contacts tell us that at least one European airline has been approached by Syrian Pearl to supply aircraft. Separately, we have heard reports that the Syrian Minister for Transport met in Paris recently with representatives of Airbus, and that the company may be readying a request to Commerce for a license to sell aircraft to either Syrian Air, Syrian Pearl, or both. Presumably, these anticipated deals are the fruit of the MOUs signed during French President Sarkozy's September 2009 visit to Damascus. -------------- ORION: CONTRACT DOES NOT CONSTITUTE AN EXPORT -------------- ¶6. (SBU) The Spanish company Orion is taking its side of the story to the media, as well. On June 17, Spanish news agency Efe reported that the SARG continued to detain the first aircraft delivered under the original Orion contract. The article quoted an Orion spokesman as saying that, though the U.S. Embassy in Madrid had warned the company that its contract with the SARG would violate U.S. sanctions law, Orion had decided to deliver the first of two planes to Syria on the advice of the Spanish Industry, Tourism and Trade Ministry, which had determined that the "sovereignty and territory" of the plane were Spanish, and that Orion would be "breaking no international law." The Orion spokesman maintained the company had sought only to provide services to a Syrian airline, and that the contract with Syrian Pearl did not constitute a sale or export transaction "as the U.S. alleges." (Note: Nevertheless, Orion suspended its contract with Syrian Pearl and has asked for the return of the aircraft. End note.) As an interesting aside, we have also heard that there may have been commercial tensions between Orion and Syrian Pearl in addition to the sanctions issue that made Orion want to back out. -------------- -- EU: WHY PURSUE SYRIAN PEARL AND NOT CHAM WINGS? -------------- -- ¶7. (S/NF) Meanwhile, our EU interlocutors in Damascus have asked for background information on the ill-fated Syrian Pearl-Orion Air deal. They claim that the Spanish did not inform the EU of the ongoing situation, and that the EU Mission in Damascus only became aware of it last week when the SARG briefly detained the Spanish flight crew at Damascus International Airport. (According to the EU, the seven-person team has since been allowed to leave Syria -- albeit without their aircraft.) ¶8. (S/NF) Our EU contacts have inquired pointedly as to why the USG chose to pursue Syrian Pearl while ostensibly looking the other way in the earlier case of Cham Wings, a charter air company that uses an MD-80 to fly intermittently to various locations both in and outside of Syria. (Note: Post exchanged emails with the Department and with Commerce on the emergence of Cham Wings in 2008. End note.) Our interlocutors suggest Rami Makhlouf's part ownership of Syrian Pearl could have motivated the USG to act, or that Cham Wings had somehow found a way to effectively use their Kuwaiti partner as a screen for their operations. We assured them the Syrian Pearl-Orion deal was pursued because the Department of Commerce considered the "wet" lease constituted an export of an aircraft with more than 10 percent American content, and that Cham Wings could be subject to the same enforcement in the future. We were also careful to point out that the Syrian Pearl issue is not/not a safety of flight issue, and therefore there is presently no waiver available for the export of this aircraft under the SAA. -------------- SPANISH AMBASSADOR CALLED IN BY SARG -------------- ¶9. (S/NF) Lastly, the Spanish Ambassador in Damascus informed Pol/Econ Chief on July 16 that he was being "called in" by the SARG over the Syrian Pearl-Orion Air debacle. Post does not yet have a read-out on the meeting. ¶10. (S/NF) COMMENT: The Syrian Pearl issue remains very much in the headlines, and very much on the minds of SARG interlocutors, high-level business contacts and the general public. Confusion over the provisions of the SAA (including safety of flight exemptions),the (perhaps unrealistic) prospect of a new Presidential waiver for civil aviation exports, and lack of USG enforcement against earlier, high-profile aviation imports (Cham Wings) has contributed to misconceptions on all sides. The demise of the Syrian Pearl-Orion deal has potential to remain a major irritant in the U.S.-Syrian relationship in the medium term. In the short term, we continue to experience fallout from our EU (particularly Spanish) counterparts in Damascus, who are being raked over the coals by a very unhappy SARG. Separately, Washington may wish to prepare for a possible forthcoming request by Airbus to export aircraft to Syria. As Washington moves forward, it may be useful to know that Boeing is also reportedly interested in the Syrian market. CONNELLY