VZCZCXRO5536
PP RUEHRN
DE RUEHMD #1952/01 2831206
ZNR UUUUU ZZH
P 101206Z OCT 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 3597
INFO RUEHSS/OECD POSTS COLLECTIVE
RUEHLO/AMEMBASSY LONDON 1002
RUEHLA/AMCONSUL BARCELONA 3118

UNCLAS SECTION 01 OF 02 MADRID 001952 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PBTS PHSA SCUL SP UK
SUBJECT: SPANISH DEMARCHES ON ODYSSEY ONCE AGAIN 
 
REF: STATE 138377 AND PREVIOUS 
 
MADRID 00001952  001.2 OF 002 
 
 
 ¶1. (SBU) On October 9, Foreign Ministry Deputy Director for 
North American Affairs Fernando Prieto presented a nonpaper 
to desk officer Elaine Samson and EconOff reinforcing the 
GOS' desire to obtain broader access to the Odyssey import 
documents into the U.S. and requesting that the U.S. conduct 
an investigation of potential violations of U.S. law on the 
part of Odyssey Marine Exploration company. 
 
¶2. (SBU) The text of the message, which was presented in 
English, is as follows: 
 
Further to the meetings of 27 September 2007 and 3rd October 
2007 with Mr. Bellinger, Legal Advisor, U.S. Department of 
State, here is a reply to the points raised by him on the two 
Spanish requests included in the Non Paper dated 24th 
September 2007. 
 
Request A: That the documents presented by Odyssey Marine 
Exploration (OME) for entry into the U.S. of certain 
archaeological goods be released for confidential use. 
 
     ¶1. Release of the documents is requested for 
confidential use in investigation of potential violations of 
 
SIPDIS 
application U.S. Customs and Spanish laws concerning the 
extraction and shipment of these goods, and in judicial 
proceedings that may arise from enforcement of the relevant 
United States and Spanish Laws. 
 
     ¶2. Additionally, there is reason to believe that the 
materials imported by OME are property of the Kingdom of 
Spain taken from the sea and imported to the U.S. in 
violation of Spanish law.  The importation of these materials 
may accordingly be subject to U.S. Customs laws as materials 
imported contrary to relevant U.S. and Spanish law concerning 
the protection of national property, military property and 
historical/cultural heritage.  In particular, available 
information indicates that the documents contain specific 
information with respect to the location from which the 
materials were taken and identification of the nationality 
and the dates of coins and other artifacts.  This information 
is believed to provide confirmation that the materials in 
question were taken from a warship of the Royal Navy of Spain 
that sank in battle during the early 19th Century and are 
property of the Royal Treasury of the Kingdom of Spain that 
was being transported by this vessel in service of the 
Kingdom Spain.  Release of the requested documents is 
necessary to investigate the application of such laws and to 
assist U.S. Customs and such other competent U.S. agencies as 
may be authorized to have access to the documents for 
purposes of potential enforcement proceedings. 
 
    ¶3.  The agencies of the Government of Spain that have 
competence in the investigation of this matter and/or in 
judicial enforcement proceedings, and to which the documents 
would therefore be made available: Spanish Customs, Ministry 
of Foreign Affairs and Cooperation, Ministry of Culture, 
Ministry of Justice, Spanish Navy.  It is understood that the 
documents shall be held in confidence by authorized 
representatives of the competent Spanish agencies and used 
only for investigation and/or enforcement proceedings in 
Spain and/or the U.S. 
 
Request B:  That the possible violation by OME of U.S. 
customs or other rules be fully investigated and prosecuted 
by U.S. authorities. 
 
    ¶1. U.S. Customs laws OME might have violated: 18 U.S.C. 
Section 542 which prohibits the importation of materials by 
means of false statements; 18 U.S.C Section 545, which 
prohibits the importation of goods to the U.S. in violation 
of any law (which may include Spanish law); and 19 U.S.C. 
Section 1595a, which provides for seizure and forfeiture of 
goods imported in violation of relevant laws. 
 
    ¶2. The available information indicates that the 
importation of these materials may have occurred by means of 
false and/or misleading statements concerning the country of 
origin, ownership, value, legal status, and/or other 
characteristics of the imported materials.  Additionally, as 
noted above, to the extent that specific information as to 
the location and identifying characteristics of the materials 
was provided in the documents, it is believed to constitute 
evidence of the taking and shipment to the U.S. of national 
property of Spain in violation of Spanish law concerning such 
property and corresponding U.S. laws concerning the 
importation of such property. 
 
    ¶3. Should additional information concerning this matter 
be needed at this stage, it would be provided on request on a 
 
MADRID 00001952  002.2 OF 002 
 
 
confidential basis.  An investigative dossier is currently 
 
SIPDIS 
being assembled concerning the available evidence, for which 
the requested documents are needed, and will be made 
available to the U.S. Customs, the Department of State and 
such other U.S. agencies as may be deemed appropriate by the 
U.S. 
 
 
LLORENS