PANAMA: GOP SAYS USCG DID NOT FOLLOW SALAS-BECKER

C O N F I D E N T I A L PANAMA 000417

SIPDIS

E.O. 12958: DECL: 05/20/2019
TAGS: PGOV PREL PM
SUBJECT: PANAMA: GOP SAYS USCG DID NOT FOLLOW SALAS-BECKER
PROTOCOL

Classified By: DCM David R. Gilmour for reasons 1.4 (b) and (d)

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Summary, Action Request and Comment
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1. (C) The GOP protested in a diplomatic note from the MFA
on May 20, 2009 that the U.S. Coast Guard did not follow
agreed upon procedures during the search of Panamanian
flagged vessel, M/V Pollux A on April 27. Specifically, the
note protested that the USCG did not share information with
the National Aero-Naval Service (SENAN) as laid out in the
draft Standard Operating Procedures for implementing the
Salas-Becker maritime cooperation agreement, negotiated with
the GOP in December 2008. Post understands that the crew
aboard the USCG cutter Decisive stopped communicating with
the SENAN believing that they should not interfere with the
dipnote process for securing jurisdiction over the ship. The
specific complaint in the note is that because USCG stopped
communicating with SENAN, SENAN was not able to give the MFA
the information they needed to decide on the request to
decline jurisdiction. While this case was eventually resolved
satisfactorily, the dipnote highlights the sensitivity of the
GOP on these matters, and the necessity to follow the letter
and spirit of the Salas-Becker maritime cooperation
agreement, a vital linchpin in U.S.-Panamanian
counter-narcotics cooperation.


2. (C) Action Request: Post requests guidance for response.


3. (C) Comment: As this tactical-level incident
illustrates, misunderstandings have the potential to generate
political-level concerns that could quickly create problems
for our strategic counter-narcotics cooperation with Panama.
Post will continue to press the GOP to finalize the standard
operating procedures and urges that these SOPs be extensively
briefed, including to the tactical level.

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Unofficial Translation of Dipnote
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4. (U) BEGIN UNOFFICIAL TRANSLATIONS:

UNOFFICIAL TRANSLATION

REPUBLIC OF PANAMA

Ministry of Foreign Relations

N/V A.J. No. 1156

The Ministry of Foreign Relations of the Republic of
Panama, Directorate General of Legal Affairs and Treaties,
presents its compliments to the Embassy of the United
States of America and refers to the enforcement of the
Salas-Becker Agreement.

The Ministry of Foreign Relations of the Republic of
Panama, Directorate General of Legal Affairs and Treaties,
informs the Embassy of the United States of America that
(on) April 30, 2009, the National Aero-Naval Service of
Panama (SENAN) sent a detailed report (to the Ministry of
Foreign Relations) on the events that took place
surrounding the detention in international waters of
Panamanian-flagged vessel POLLUX A. The report highlights
the fact that the Panamanian authority requested on several
occasions from District 7th of the U.S. Coast Guard
information about the results of the inspection that began
on April 26 and that it wasn't until after four (4) days
later, on April 30, 2009, that the SENAN received the
confirmation of the existence of illicit merchandise
(in the vessel).

In this regard, the Ministry of Foreign Relations of the
Republic of Panama Directorate General of Legal Affairs and
Treaties, wishes to inform the Embassy of the United States
of America that the confirmation by way of SENAN about the
existence of illicit merchandise (in the vessel) was only
provided upon reiterated requests by SENAN to District 7th
of the U.S. Coast Guard, and upon this Ministry's insistence
that SENAN keep requesting it as (the government) was in the
process of studying the request for a waiver of jurisdiction
requested by the Embassy through Diplomatic Note No. 701 of
April 29, 2009.

In regards to the above, the Ministry of Foreign Relations
of the Republic of Panama, Directorate General of Legal
Affairs and Treaties, transmits to the Embassy of the
United States of America its concerns about the procedure
followed in this occasion, since it was not in line with
what is state in Article XIV (of the Salas-Becker Agreement),
which calls for both parties to have the most ample and full
communication during each operation. At the same time, it is
(also not in line with) the principle of the agreement
reached between both governments during the meetings held in
Panama City in December 2008.

The Ministry of Foreign Relations of the Republic of
Panama, Directorate General of Legal Affairs and Treaties,
reiterates to the Embassy of the United States of America
the importance for the Government of Panama of the
enforcement
of the Salas-Becker Agreement based on the Manual of
Procedures
that is under analysis by both nations in order to avoid
major
inconveniences during the processing of these requests.

The Ministry of Foreign Relations of the Republic of
Panama, Directorate General of Legal Affairs and Treaties,
avails itself of this opportunity to reiterate to the
Embassy of the United States of America, the assurances of
its highest consideration.



Panama, May 8, 2009



To The Honorable
Embassy of the United States of America,
Panama, Republic of Panama

OAE/oae

END UNOFFICIAL TRANSLATION
STEPHENSON