CIVAIR: LAWS PREVENT SPAIN FROM ACTING ON U.S.

UNCLAS MADRID 000095 SIPDIS EEB/TRA/OTP: KGUSTAVSON E.O. 12958: N/A TAGS: ECON SP EAIR SUBJECT: CIVAIR: LAWS PREVENT SPAIN FROM ACTING ON U.S. AIRSPACE VIOLATIONS REF: A. SECSTATE 132067 ¶B. SECSTATE 132439 ¶C. 08 MADRID 01127 ¶1. (U) Post acknowledges receipt of reftels A (Docket number 2008EA290014) and B (Docket number 2008EA290015). However, as per the information received from Santiago Quiros Babillo, area officer at the Ministry of Infrastructure's Civil Aviation Directorate (ref C),Spain does not have the legal authority to investigate or take judicial action against citizens or residents of Spain who commit airspace violations in the United States or any other foreign airspace. Laws 21/2003 and 48/1960 are clear in this regard, limiting Spain to action solely related to its own airspace. Given these laws, the GOS has indicated to us that it will not be able to accept requests or invitations to pursue investigations on any U.S. air space violations. Absent legal changes, post does not believe it productive to continue sending the FAA investigation files to post. ¶2. (U) For further information, please contact CivAir Officer Lourdes Lamela, 011-34-91-587-2399, LamelaLM@state.gov. CHACON