Identifier
Created
Classification
Origin
09MANAGUA706
2009-07-16 19:29:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Managua
Cable title:  

NICARAGUA: GON RESOLVES PROPERTY CASE FOR DOMINGO CALERO

Tags:  ECON EINV NU 
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VZCZCXYZ0019
PP RUEHWEB

DE RUEHMU #0706 1971929
ZNR UUUUU ZZH
P 161929Z JUL 09
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC PRIORITY 4356
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
UNCLAS MANAGUA 000706 

SENSITIVE
SIPDIS

STATE FOR WHA/CEN, EB/IFD/OIA, AND L/CID
STATE ALSO FOR WHA/EPSC

E.O. 12958: N/A
TAGS: ECON EINV NU
SUBJECT: NICARAGUA: GON RESOLVES PROPERTY CASE FOR DOMINGO CALERO

REFS: A) MANAGUA 160, B) MANAGUA 694

SUMMARY
-------

UNCLAS MANAGUA 000706

SENSITIVE
SIPDIS

STATE FOR WHA/CEN, EB/IFD/OIA, AND L/CID
STATE ALSO FOR WHA/EPSC

E.O. 12958: N/A
TAGS: ECON EINV NU
SUBJECT: NICARAGUA: GON RESOLVES PROPERTY CASE FOR DOMINGO CALERO

REFS: A) MANAGUA 160, B) MANAGUA 694

SUMMARY
--------------


1. (SBU) On July 13, U.S. citizen claimant Domingo Calero signed a
settlement document, or "finiquito," for the equivalent of $750,000
in the form of indemnification bonds (BPIs) to resolve his four
property claims. Mr. Calero's claims had been previously dismissed
by the Government of Nicaragua under Decree 38 (1979). During this
waiver year, Mr. Calero's case received significant congressional
attention, which may have prompted the GON to settle his claims.
Including Mr. Calero's claims, the GON has resolved 47 claims during
the 2008-2009 waiver year.

GON RESOLVES CLAERO CASE
--------------


2. (U) On July 13, U.S. citizen Domingo Calero, whose land, cattle,
and vehicles were confiscated by the Government of Nicaragua (GON)in
1980, signed a "finiquito" to accept compensation of $865,297 in the
form of BPIs. The GON provided the Property Office a copy of the
finiquito on July 13. Calero's case represents four property claims
registered with the Embassy Property Office.

Type of No. of Type of
Claimant Claim Claims Resolution
-------------- -------------- -------------- --------------

Domingo Calero Land, 4 bonds
Cattle,
Vehicles

PERSISTENCE PAYS OFF
--------------


3. (U) In February 1980, the GON confiscated Mr. Calero's property
under Decree 38 (1979),which authorized the government to
confiscate property belonging to "allies" of the Somoza family. In
1990, Mr. Calero filed claims against the GON and sought
compensation. In 2006, Mr. Calero and the GON negotiated a
settlement of approximately $950,000, but in March 2008 the Ortega
Government dismissed his claims under Decree 38 (Ref A). After
constant pressure from the Ambassador and the Embassy Property
Office to resolve his claims, the GON reopened negotiations with
Calero in May. Mr. Calero accepted the GON's settlement offer in
June and both sides finalized the deal in July. During this waiver
year, his case received significant U.S. congressional attention
which may have prompted the GON to finally settle his claims for a
face value of $865,297.

GON RESOLVES 47 CLAIMS SO FAR
--------------


4. (SBU) Including Mr. Calero's claims, the GON has resolved 47
claims during the 2008-2009 waiver year. Between July 29, 2008, and
July 13, the GON compensated 44 U.S. citizen claims belonging to 28
U.S. citizens via BPIs issued with a face value of 161,679,400
cordobas, approximately $7,935, 886. A thin secondary market exists
for the sale of the bonds, the current price for which ranges
between 37 and 50 cents on the dollar. In addition, the courts
ruled during the course of this waiver year that property be
returned to one U.S. claimant. One claimant signed a lease
agreement with the Nicaraguan National Police (NNP) while the NNP
builds a new office in order to return the property. The GON also
conducted a land swap with one U.S. citizen claimant for another
property of comparable value (Ref B).

CALLAHAN