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DE RUEHUJA #0361/01 0611555
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P 021555Z MAR 09
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 5388
INFO RUEHOS/AMCONSUL LAGOS PRIORITY 0880
RUEHGB/AMEMBASSY BAGHDAD 0081
RUEHRO/AMEMBASSY ROME 0410
RUEHDK/AMEMBASSY DAKAR 0362
RUEHZK/ECOWAS COLLECTIVE
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHRC/DEPT OF AGRICULTURE WASHDC
RULSDMK/DEPT OF TRANSPORTATION WASHDC

UNCLAS SECTION 01 OF 03 ABUJA 000361 
 
SENSITIVE 
SIPDIS 
 
DEPT PASS TO USTR-AGAMA; USTDA - JOHN MARIN; EXIM - JOHN RICHTER AND 
USAID/AFR FOR ATWOOD 
BAGHDAD FOR MCCULLOUGH 
ROME PASS TO TSA REP JOHN HALINSKI 
DAKAR PASS TO FAA MOIRA KEANE 
TREASURY FOR PETERS AND HALL 
USDA/FAS/OTP FOR MCKENZIE 
DEPT OF TRANSPORTATION FOR FAA MEL CINTRON, AHARRIS 
DOC FOR 3317/ITA/OA/KBURRESS AND 3130/USFC/OIO/ANESA/MCREED 
 
E.O. 12958:  N/A 
TAGS: EAIR ECON EINV ETRD PGOV PREL EFIN NI
SUBJECT:  NIGERIA-USG MAKING HEADWAY BUT STILL LOOKING FOR TAILWIND 
TO BOOST AVIATION PUBLIC-PRIVATE PARTNERSHIP 
 
REF: A. ABUJA 168 
 ¶B. LAGOS 40 
      ¶C. 08 ABUJA 2313 
 
SENSITIVE BUT UNCLASSIFIED; BUSINESS PROPRIETARY INFORMATION; NOT 
FOR DISSEMINATION OUTSIDE USG 
 
¶1. (SBU) Summary.  Ambassador met with Nigerian Civil Aviation 
Authority (NCAA) Director General Dr. Harold Demuren February 20 to 
review progress since NCAA, Nigerian, and U.S. firms met in November 
for a public private-partnership (PPP) aviation workshop.  Demurren 
was very positive stating that Nigeria has completed four of the 
eight critical elements required for Category 1 status, and has made 
headway on the remaining four, but needed more support and 
assistance.  Demuren thanked the Ambassador for the USG's continued 
support and highlighted that the nation's aviation infrastructure is 
not moving forward with the same zest or zeal as the NCAA's efforts 
toward 
Category 1 status.  He encouraged the Ambassador to assist in 
spurring industry and the Nigerian government (GON) to a higher 
commitment toward completing the infrastructure and capacity 
building requirements, hopefully by expanding the PPP to include 
these requirements.  Ambassador said that we could look at possible 
follow-on workshops in 2009 to encourage industry action; provide 
expertise to teach runway maintenance; move ahead on an already 
offered TSA visit and have the Datt's offices carry out a mock 
disaster exercise.  She also will meet soon with the new Minister of 
Aviation Mr. Babatunde Omotoba and discuss the PPP as well as Delta 
Airlines issues.  End Summary. 
 
¶2. (SBU) In an effort to keep the pressure on Nigeria toward 
attaining Category 1 status from the U.S. Federal Aviation Authority 
(FAA), the Ambassador met with Dr. Harold Demuren, Director General 
of the NCAA, on February 20 to review the progress of the Civil 
Aviation Safety and Security PPP.  Defense Attache (DATT) and newly 
arrived Maritime Assistance Officer attended with EconOff as 
notetaker.  Dr. Demuren thanked the Ambassador for the Mission's 
support in conducting the PPP Aviation Workshop in Abuja November 17 
and 18, 2008 and the subsequent seminar in January 2009 for Search 
and Rescue (SAR).  He emphasized that these two events were the 
first in Nigeria's history, putting the government/regulator 
together with the airline operators and aviation support services. 
He presented a favorable progress report, but underscored that the 
GON still needed additional assistance. 
 
ACCOMPLISHMENTS 
- - - - - - - - 
 
¶3. (SBU) Demuren reported that work toward the Category 1 rating had 
been moving forward with vigor.  He stated that Nigeria has 
completed four of the eight critical elements required for Category 
1 status, and has made headway on the remaining four, noting 
positive amendments have been completed to the following laws: 
-- Nigerian Airspace Management Agency Act (NAMA) 1999; 
-- Federal Airports Authority of Nigeria (FAAN) Act 1996; and 
-- Nigerian Meteorological Agency (NIMET) Act 2003: 
Amendments were made addressing conflicts between the Civil Aviation 
Act 2006 and NAMA, FAAN, and NIMET Acts.  The four completed 
critical elements include legislation, regulation, technical 
guidance, licensing and certification. 
 
¶4.  (SBU) The next planned activities with the FAA are: 
-- A management review on March 23 - 25, 2009; 
-- On the job training for safety inspectors scheduled for two weeks 
in March 2009; 
-- A training course on compliance and enforcement from April 27 to 
May 8. 
Demuren added that more support and assistance was needed. 
 
¶5. (SBU) Demuren said three Nigerian carriers 
(Arik, Virgin Nigeria, and Bellview) were designated to fly on U.S. 
routes with Arik the most likely to be ready first. Moreover all 
 
ABUJA 00000361  002 OF 003 
 
 
three carriers will attend an FAA course reviewing Category 1 in 
Dakar, Senegal on April 21 - 22, 2009.  The Dakar conference will 
focus on economic authority, Transportation Security Agency (TSA), 
and FAA regulations to conduct a ramp inspection, which is 
authorized as FAA 14 Code of Federal Regulations (CFR) Part 129 
foreign-registered aircraft. (Note: We believe Arik might not be as 
quite as ready to commence U.S. flight services as they advertise. 
Arik is not a member of the International Air Transport Association 
(IATA) and is not certified under IATA Operational Safety Audit 
program (IOSA). IATA membership and IOSA certification are 
industry-standards that enable airlines to work together, e.g. 
codeshare, from a common platform.  For other airlines to work (e.g. 
codeshare) with Arik (with Arik as a non-IATA member and not 
certified under IOSA) on a Nigerian -U.S. route for example, they 
would have to customize their procedures for Arik, and that would be 
costly.  Arik is working toward IATA membership and IOSA 
certification. End Note.) 
 
NEXT STEPS 
- - - - - 
 
¶6. (SBU) Ambassador conveyed that there is still a misunderstanding 
regarding the civil aviation industry and the Ministry of Aviation 
on what is needed for Nigerian airlines to fly to the U.S.  While 
this was covered very thoroughly at the November 2008 workshop it 
needs to be handled again in its own forum.  It was agreed to have 
both the TSA and FAA conduct a session specifically for the Nigerian 
industry with a single topic and "punch list" for the carriers to 
understand their role and requirements toward flying direct routes 
to the U.S. and accomplishing their individual roles in the Category 
1 process.  The first seminar will be held at the Embassy by TSA on 
March 17, 2009.  The second session will be held in two parts, first 
with FAA conducting a meeting in Lagos on April 23 to address its 
"punch list".  A follow-on PPP Safety and Security Workshop will be 
held in May 2009 in Lagos focusing on infrastructure/runway 
management, search and rescue, and a mock disaster exercise.  DATT 
offered to identify U.S. resources toward assisting this workshop 
and the mock exercise. 
 
NOT YET SAFE SKIES 
- - - - - - - - - - 
 
¶7. (SBU) Demuren underscored that accidents in 2005 spurred the 
adoption of the Civil Aviation Act in 2006, the 2006 International 
Civil Aviation Organization (ICAO) Universal Safety Oversight Audit 
Program (USOAP) and the desire to achieve Category 1.  (Note: USOAP 
objective is to conduct aviation safety oversight audits to identify 
deficiencies and encourage their resolution by countries. The 
program is managed by ICAO Safety Audit Oversight Section.  End 
Note.) Although progress has been made, Demuren lamented that 
Nigeria's infrastructure improvements have not kept pace.  Both NAMA 
and FAAN require significant capital budget supplementals, as well 
as operational reforms.  In addition, manpower development is an 
ongoing problem that the GON desperately needs help with. 
 
¶8. (SBU) Demuren continued by noting that the aviation parastatals 
will benefit from the World Bank Economic Reform and Governance 
Project (ERGP) and World Climate Application and Service Program 
(WCASP), but there is an urgent need for a stronger commitment from 
both industry and the GON.  He recommends these areas for further 
focus as the PPP moves forward.  For example, of the 21 airports in 
the country, only the Murtala Muhammed International Airport in 
Lagos and Nnamdi Azikiwe International Airport in Abuja can boast of 
limited radar coverage, which is currently not working at all.  The 
November 2009 deadline to complete the Total Radar Coverage of 
Nigeria (TRACON) program is unlikely to be met because progress has 
been slow.  Problems have developed with the French firm - Thales - 
which is manufacturing and administering the project.  In addition, 
communications between airport towers is very poor and handoff and 
instructions sometimes interrupted or unclear. 
 
Comment 
 
ABUJA 00000361  003 OF 003 
 
 
------- 
 
¶9. (SBU) The technical assistance from the FAA began when the first 
team arrived in Lagos January 14, 2008.  Despite some hiccups the 
FAA and NCAA have moved a long way and the partnership has been 
productive.  In private Demuren told us that he targets September 
2009 for Nigeria's quest for Category 1 certification; however, the 
FAA team believes it will likely take at least one more year.  The 
U.S. Mission has committed much time and effort to supporting the 
NCAA and the GON in attaining Category 1, but if the GON does not 
increase support to infrastructure and capacity issues success will 
be questionable. 
 
¶10. (SBU) The top worries in the quest for safer skies in Nigeria 
center on continued performance toward 
Category 1 certification.  Demuren is clearly the driver and pace 
setter for the achievement of this quest.  He has the leadership 
skills necessary to keep the pace.  If he were to get caught up in 
some political intrigue and be removed from office the forward 
movement would likely be lost.  In addition, there is deep concern 
over neglect and decay in airport infrastructure and how this will 
play in Nigeria's safety and security record.  The cost of decades 
of corruption is catching up with Nigeria and current budget 
constraints may leave little money available for infrastructure 
repairs and improvements. 
 
¶11. (U) This cable was coordinated with Consulate Lagos. 
 
SANDERS