VZCZCXRO0847
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHMD #1722 2501049
ZNR UUUUU ZZH
P 071049Z SEP 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 3349
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC

UNCLAS MADRID 001722 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/WE, L, AND OES 
 
E.O. 12958: N/A 
TAGS: PREL EWWT PBTS PHSA SCUL SP CA
SUBJECT: ODYSSEY UPDATE: DHS DELIVERS CUSTOMS INFORMATION 
 
REF: MADRID 1670 AND PREVIOUS 
 
¶1. (SBU) On September 6, DHS-ICE Attache delivered the 
Odyssey Customs import documents to Director of Aduanas 
Nicolas Bonilla, as requested by GOS via the Customs Mutual 
Assistance Agreement (CMAA) on July 24.  The DHS-ICE Attache 
advised Bonilla that the information was confidential and to 
be used only for law enforcement purposes.  Bonilla expressed 
appreciation for the information, and assured the DHS-ICE 
Attache that it would be used only for official purposes.  He 
added that Aduanas would make a formal request through DHS 
channels before sharing the documents with any other GOS 
agency.  Post advised MFA representatives of this exchange 
the afternoon of September 6. 
 
¶2. (SBU) Separately, the MFA sent Post a diplomatic note 
September 4 in response to the Ambassador's August 29 meeting 
with Foreign Minister Miguel Angel Moratinos (ref).  MFA 
officials advised us verbally that they will seek the Odyssey 
information through their Aduanas, acknowledging that Aduanas 
would first have to seek the necessary permission from DHS. 
Jorge Domecq, MFA's Deputy Director for Gibraltar Issues, 
noted that MFA was interested in obtaining the Odyssey 
customs information to provide to lawyers representing the 
GOS in the Tampa Admiralty Court. 
 
¶3. (SBU) Meanwhile, the Odyssey Explorer remains docked in 
Gibraltar and has not yet unloaded its cargo.  According to 
British Embassy representatives, Odyssey representatives have 
stated that the vessel will begin unloading its cargo the 
week of September 10. 
 
¶4. (SBU) Below is an informal translation of Foreign Ministry 
diplomatic note 277/31 dated August 31, which was provided to 
the Embassy on September 4. 
 
Begin Text: 
 
(complimentary opening)...and has the honor to refer to 
Embassy Note Verbal No. 445 of 20 August 2007 on obtaining 
the documents for entry into the United States of the objects 
of archeological value brought up by the "Odyssey Marine 
Exploration" from a wreck code-named "Black Swan." 
 
In this regard, the Ministry wishes to reiterate to the 
Embassy the request made for the above mentioned documents in 
Note Verbal number 79 of 22 May 2007. 
 
Furthermore, the Ministry seeks to inform the Embassy as 
follows: 
 
- On 24 July 2007, the Director of the Department of Customs 
and Excise Taxes of the Tax Agency of Spain sent a letter to 
the Director of U.S. Customs and Border Protection requesting 
these documents pursuant to Article X of the Mutual 
Assistance Agreement on Customs ("special assistance cases"). 
 A copy of the letter is attached hereto. 
 
-The documents are requested for the Tax Agency of Spain, 
which is the agency responsible for the enforcement of 
Spanish and Community customs legislation. 
 
- The documents are requested to investigate the legality and 
validity of the transfer to the United States of the two 
shipments of coins and archeological material from Gibraltar 
referred to in the attached document, and to enforce 
compliance with all applicable Spanish legislation in this 
area, take all appropriate judicial action and assert the 
rights of the Government of Spain in all appropriate legal 
venues. 
 
- The Spanish Government will approach this matter with the 
discretion and confidentiality that it applies to all its 
relations with the U.S. Government... 
 
(Complimentary closing) 
 
End Text. 
AGUIRRE