VZCZCXYZ0000
RR RUEHWEB

DE RUEHMU #1356/01 1492054
ZNR UUUUU ZZH
R 292054Z MAY 07
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 0333
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 001356 
 
SIPDIS 
 
STATE FOR WHA/CEN GSCHIFFER, EB/IFD/OIA, L/CID AND 
WHA/EPSC 
TREASURY FOR INL MDONOVAN AND GCHRISTOPOLUS, 
OWH/MSHWARZMAN 
STATE PASS TO USTR 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EINV ECON USTR KIDE NU
SUBJECT: NICARAGUA: AMBASSADOR RAISES U.S. CITIZEN 
PROPERTY CLAIMS WITH ATTORNEY GENERAL 
 
REF: (A) MANAGUA 01029 
     (B) MANAGUA 01207 
 
¶1. (SBU) Summary: On May 18, the Ambassador called 
on Attorney General Hernan Estrada to discuss 
upcoming deliberations for a waiver of Section 527 
of the Foreign Relations Authorization Act (Fiscal 
Years 1994 and 1995).  The Ambassador noted that the 
new government had not resolved a single property 
case since assuming power on January 10.  Not well- 
versed in the process, Estrada and President of the 
National Confiscation Review Commission, Martha De 
Leon claimed that forty American citizen property 
claims had already been resolved during this waiver 
year, but could not produce a list.  Econoff and LES 
Legal Specialist explained to Estrada and De Leon 
that before a resolution can be counted, the 
claimant must have been informed of an offer and 
given the chance to negotiate a better deal, or 
appeal.  In the past four months, the Embassy has 
been informed of no such resolutions.  End Summary. 
 
2.(SBU) On May 18, Ambassador, Econoff, and LES 
Property Specialist called on Nicaraguan Attorney 
General Hernan Estrada to discuss outstanding American 
citizen property claims and upcoming deliberations for 
a possible waiver of Section 527 of the Foreign 
Relations Authorization Act (Fiscal Years 1994 and 
1995).  Martha Laura de Leon, President of the 
National Confiscation Review Commission, accompanied 
the Attorney General.  The Ambassador noted that the 
Sandinista government had not resolved a single 
property case since assuming power on January 10.  The 
Ambassador pointed out that the review year concluded 
in July, and that there is not much time to show 
progress. 
 
¶3. (SBU) Estrada and De Leon claimed that forty 
American citizen property claims had been resolved 
during this waiver year, but could not produce a 
list.  [Comment: Estrada and De Leon did not seem 
well-versed in the claims resolution process. 
Property Superintendent Mireya Molina also mentioned 
in April a list of a supposed forty resolutions to 
EconCouns, but the cases still have some distance to 
travel before they can be termed Qcomplete.Q  We 
wonder if the list includes twenty-nine claims that 
the Bolanos administration resolved during the first 
five months of this waiver year.]  Econoff and LES 
Legal Specialist explained to Estrada and De Leon 
that before a resolution can be counted, the 
claimant must have been informed of an offer and 
given the chance to negotiate a better deal, or 
appeal.  Once a claimant accepts an offer, 
restitution must take place (through reimbursement, 
return of property, or a landswap), and a formal, 
notarized settlement signed.  Only then can a case 
be counted as having been resolved.  In the past 
four months, the Embassy has been informed of no 
such resolutions. 
 
¶4. (SBU) Estrada reiterated Minister of Foreign 
Affairs Samuel SantosQ recent letter that matters 
relating to the Embassy-provided list of cases 
closest to resolution be handled directly by 
Attorney General Estrada.  To pursue these cases, 
Estrada suggested more frequent meetings with 
Embassy staff to estimate property values, negotiate 
settlements, and keep all parties informed.  Econoff 
and LES Property Specialist explained to Estrada 
that estimates of property value and settlement 
details are the responsibility of the claimants, 
their legal representatives, and the GON negotiating 
party.  The Embassy assists and supports U.S. 
claimants, but cannot negotiate, arbitrate, or 
litigate on their behalf. 
 
¶5. Comment: Our main concern is that the new 
government take up the resolution process in good 
faith and that progress in resolving claims resumes. 
We believe that Estrada, who has many 
responsibilities, is not engaged and does not fully 
understand the process.  We hope that the 
AmbassadorQs visit has educated him on the 
importance of making progress.  We note that 
Fernando Coronel, from the Nicaraguan Embassy in 
Washington, provided us with projected dates, mostly 
in July, for resolving our list of cases closest to 
resolution.  We believe these dates are unrealistic. 
Post continues to work with Property Superintendent 
Molina, Attorney General Estrada, and U.S. claimants 
to resolve outstanding property claims. 
 
TRIVELLI