VZCZCXYZ0004
RR RUEHWEB

DE RUEHMU #2442/01 3111651
ZNR UUUUU ZZH
R 071651Z NOV 07 ZDK
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 1642
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 002442 
 
SIPDIS 
 
STATE FOR WHA/CEN, EB/IFD/OIA AND L/CID 
STATE FOR WHA/EPSC 
STATE PLEASE PASS TO USTR 
TREASURY FOR INL AND OWH 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EINV ECON USTR KIDE NU
SUBJECT: NICARAGUA: PROPERTY SUPERINTENDENT UNPREPARED TO DISCUSS 
PROPERTY CLAIMS 
 
REF: A) MANAGUA 2324  B) MANAGUA 2006 
 
SUMMARY 
------- 
 
¶1. (SBU) Property Superintendent Yara Perez and other Government of 
Nicaragua (GON) officials were unprepared to discuss U.S. citizen 
claims during the October 25 monthly Working Group meeting on 
property issues.  GON officials insist that they will prioritize 
cases of natural-born U.S. citizens over those of naturalized U.S. 
citizens.  They failed again to produce a list of 55 cases that they 
have claimed were close to resolution.  GON officials also signaled 
that they are reviewing claims accepted by previous administrations 
and may dismiss many for lack of evidence of ownership and/or 
expropriation.  The executive branch of the GON has not resolved any 
U.S. citizen claims since July and is reluctant to actively engage 
and cooperate with the Embassy on these cases.  We are concerned by 
the GON's lack of commitment to deal with these issues in a serious, 
consistent, and transparent manner.  End Summary. 
 
GON UNPREPARED TO RESOLVE PROPERTY CLAIMS 
----------------------------------------- 
 
¶2. (U) During the October 25 monthly Working Group meeting on 
property claims with Econoffs, Property Superintendent Yara Perez 
Calero and three officials from the National Confiscation Review 
Commission (CNRC) told us that the GON is unprepared to discuss 
specific cases.  She then explained that her staff is unavailable to 
work on these cases because the unit is moving across town to occupy 
offices located within the Attorney General's premises.  She also 
reported that her staff is busy completing a review of property 
cases that the Chamorro, Aleman and Bolanos administrations had 
already resolved. 
 
DELAYS FOR NATURALIZED U.S. CITIZEN CLAIMS 
------------------------------------------ 
 
¶3. (SBU) Perez stressed that the GON would prioritize the resolution 
of U.S.-born citizen claims (Ref A) over naturalized U.S. citizen 
claims, without regard to citizenship at the time of expropriation. 
She estimated that the prioritized cases represent eight percent of 
all U.S. citizen claims.  She added that her office would no longer 
actively process the claims of naturalized U.S. citizen.  Econoff 
reiterated that the U.S. Government does not differentiate between 
those who were born citizens and those who were naturalized, and we 
will continue to press for resolution of all Embassy registered 
claims. 
 
NO INFORMATION ON 55 ALLEGED SETTLEMENTS 
---------------------------------------- 
 
¶4. (U) Econoffs told Perez that we were ready to work with the GON 
to resolve all cases and inquired about the 55 cases that were 
allegedly close to resolution but for which the finiquitos have not 
been prepared (Ref A).  Perez was unable to provide the list yet 
again, and her staff appeared completely unaware that a list exists. 
 
 
GON PLANNING TO REJECT CLAIMS FOR LACK OF EVIDENCE 
--------------------------------------------- ----- 
 
¶5. (SBU) GON officials alleged that many claimants have not provided 
evidence that they either owned the property in question or that the 
GON had expropriated it. [Note: The CNRC, under previous 
administrations, had accepted these cases, indicating that claimants 
have already established ownership and that the government 
expropriated their property.  End Note.]  Perez and the CNRC 
officials noted that they plan to dismiss these cases soon. 
Econoffs replied that the Embassy would not remove a case from its 
registry unless the GON demonstrates it has followed due process in 
dismissing the case. 
 
COMMENT 
------- 
 
¶6. (SBU) The October Working Group meeting was the most unproductive 
session we have had with the GON in the last two years.  It stands 
in sharp contrast to last month's Property working group meeting, 
when Property Superintendent Perez said that she and her staff would 
pay more attention to U.S. citizen claims.  Since July the executive 
branch of the GON has not resolved any U.S. citizen claims since 
July and the Property Superintendent remains reluctant to actively 
engage the Embassy on these cases.  The Ortega administration has 
shown a lack of commitment to deal with these issues in a serious, 
consistent, and transparent manner.  We will continue to redouble 
our efforts to establish a bona fide working relationship with the 
Property Superintendent and the Attorney General to resolve 
outstanding U.S. citizen claims.  End Comment. 
 
TRIVELLI