VZCZCXYZ0009
PP RUEHWEB

DE RUEHMD #1001 1441701
ZNR UUUUU ZZH
P 241701Z MAY 07
FM AMEMBASSY MADRID
TO SECSTATE WASHDC PRIORITY 2608

UNCLAS MADRID 001001 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON SP PREL EWWT SCUL PHSA
SUBJECT: MFA DEMARCHES ON ODYSSEY'S NEW SHIPWRECK FIND 
 
REF: 07 MADRID 0118 
 
¶1. (U) This is an action request. See paragraph 5. 
 
¶2. (SBU)  Summary.  A recent discovery by Odyssey Marine 
Exploration company of an unidentified shipwreck, currently 
referred to as the "Black Swan", has created some controversy 
in the Spanish press and in GoS days before the local 
elections.  La Gaceta, a right wing paper, has run 
consecutive front page stories over the past few days 
criticizing both the Odyssey as well as the Spanish 
government for failing to stop the "treasure hunters". 
Inherent in these criticism is the belief that the discovery 
is either in Spanish waters or of Spanish provenance. 
Odyssey representatives in response have asserted that the 
unidentified wreck is located in undisputed international 
waters, and that they have followed all legal procedures 
required.  Nonetheless, GoS - both MFA and Ministry of 
Culture  - have expressed their disappointment with Odyssey 
to us and have said that they will suspend all cooperation on 
the HMS Sussex salvaging operations as a result (see above 
reftel). 
 
¶3.  (SBU) MFA delivered the following urgent diplomatic note 
dated May 22.  Begin text of our unofficial translation: 
 
The Ministry of Foreign Affairs and Cooperation presents its 
compliments to the Embassy of the United States of America 
and would like to refer to the finding and removal by the US 
company, Odyssey Marine Exploration, of objects of 
archeological value from the wreck of a ship referred to in 
code as "Black Swan" which reached Tampa Airport on May 17 
from Gibraltar in an American Airlines Boeing 757, 
registration N-750NA, arranged by "Transport Service". 
 
In light of Odyssey Marine Exploration communiques, dated 18 
and 21 May 2007, referring to legal importation into the 
United States of sub-aquatic archeological objects recovered 
through operation "Black Swan", and the lack of any precise 
information regarding the location and the exact identity of 
the wreck, the Ministry of Foreign Affairs and Cooperation 
has the honor of requesting confirmation (from the United 
States) of the transfer by plane from Gibraltar of  said 
objects, as well as the issuance of the necessary customs 
permits, for entry into the United States.  The purpose of 
this request is to preserve any potential rights the Spanish 
Government may have over the aforementioned objects. 
 
The Ministry of Foreign Affairs and Cooperation has requested 
confirmation from the Odyssey Marine Exploration company of 
the identity and location of the wreck from which the 
archeological objects were taken. 
 
The Ministry of Foreign Affairs and Cooperation would like to 
inform the United States that the Spanish Government will 
continue channeling the information it obtains relating to 
the removal and transfer of the objects from the wreck of the 
so-called "Black Swan" and will, as necessary, take any 
action it deems appropriate to duly protect its sub-aquatic 
cultural heritage. 
 
The Ministry  of Foreign Affairs and Cooperation renews to 
the Embassy of the United States of North America the 
assurances of its consideration. End text. 
 
¶4. (SBU) Comment: MFA officials made clear that they feel 
"had" by Odyssey.  They felt that, having intervened in 
Odyssey's behalf with the Ministry of Culture and the Junta 
de Andalucia on the Sussex issue, they should have received 
some sort of heads up before Odyssey went public with its 
announcement.  They understand that Odyssey believes that it 
has, thus far, complied with the letter of salvage law, but 
they believe that it has not been respectful of the spirit of 
conventions and laws governing undersea heritage sites. 
Spanish press coverage has been fairly inaccurate, with a 
great deal of confusion between the "Black Swan" and 
"Sussex".  Although the press stories seem focused on the 
possibility that Odyssey took the 17 tons of gold and silver 
coins from Spanish territorial waters, the Spanish government 
is more realistically focused on the ownership of the wreck 
from which the coins were taken. We were called in to receive 
the Nota Verbale May 23, and the UK went in just before us to 
be told officially that cooperation on the Sussex project was 
suspended. 
 
¶5.  (U) Post kindly requests guidance on the response to the 
demarche. 
 
LLORENS