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RHMFISS/COMDT COGARD WASHINGTON DC
RHMFISS/DIRJIATF SOUTH
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RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC

C O N F I D E N T I A L PANAMA 000417 
 
SIPDIS 
 
E.O. 12958: DECL: 05/20/2019 
TAGS: PGOV PREL PM
SUBJECT: PANAMA: GOP SAYS USCG DID NOT FOLLOW SALAS-BECKER 
PROTOCOL 
 
Classified By: DCM David R. Gilmour for reasons 1.4 (b) and (d) 
 
---------------------------------- 
Summary, Action Request and Comment 
----------------------------------- 
 
¶1.  (C)  The GOP protested in a diplomatic note from the MFA 
on May 20, 2009 that the U.S. Coast Guard did not follow 
agreed upon procedures during the search of Panamanian 
flagged vessel, M/V Pollux A on April 27.  Specifically, the 
note protested that the USCG did not share information with 
the National Aero-Naval Service (SENAN) as laid out in the 
draft Standard Operating Procedures for implementing the 
Salas-Becker maritime cooperation agreement, negotiated with 
the GOP in December 2008. Post understands that the crew 
aboard the USCG cutter Decisive stopped communicating with 
the SENAN believing that they should not interfere with the 
dipnote process for securing jurisdiction over the ship. The 
specific complaint in the note is that because USCG stopped 
communicating with SENAN, SENAN was not able to give the MFA 
the information they needed to decide on the request to 
decline jurisdiction. While this case was eventually resolved 
satisfactorily, the dipnote highlights the sensitivity of the 
GOP on these matters, and the necessity to follow the letter 
and spirit of the Salas-Becker maritime cooperation 
agreement, a vital linchpin in U.S.-Panamanian 
counter-narcotics cooperation. 
 
¶2.  (C)  Action Request: Post requests guidance for response. 
 
¶3.  (C)  Comment: As this tactical-level incident 
illustrates, misunderstandings have the potential to generate 
political-level concerns that could quickly create problems 
for our strategic counter-narcotics cooperation with Panama. 
Post will continue to press the GOP to finalize the standard 
operating procedures and urges that these SOPs be extensively 
briefed, including to the tactical level. 
 
--------------------------------- 
Unofficial Translation of Dipnote 
--------------------------------- 
 
¶4. (U) BEGIN UNOFFICIAL TRANSLATIONS: 
 
UNOFFICIAL TRANSLATION 
 
REPUBLIC OF PANAMA 
 
Ministry of Foreign Relations 
 
N/V A.J. No. 1156 
 
The Ministry of Foreign Relations of the Republic of 
Panama, Directorate General of Legal Affairs and Treaties, 
presents its compliments to the Embassy of the United 
States of America and refers to the enforcement of the 
Salas-Becker Agreement. 
 
The Ministry of Foreign Relations of the Republic of 
Panama, Directorate General of Legal Affairs and Treaties, 
informs the Embassy of the United States of America that 
(on) April 30, 2009, the National Aero-Naval Service of 
Panama (SENAN) sent a detailed report (to the Ministry of 
Foreign Relations) on the events that took place 
surrounding the detention in international waters of 
Panamanian-flagged vessel POLLUX A. The report highlights 
the fact that the Panamanian authority requested on several 
occasions from District 7th of the U.S. Coast Guard 
information about the results of the inspection that began 
on April 26 and that it wasn't until after four (4) days 
later, on April 30, 2009, that the SENAN received the 
confirmation of the existence of illicit merchandise 
(in the vessel). 
 
In this regard, the Ministry of Foreign Relations of the 
Republic of Panama Directorate General of Legal Affairs and 
Treaties, wishes to inform the Embassy of the United States 
of America that the confirmation by way of SENAN about the 
existence of illicit merchandise (in the vessel) was only 
provided upon reiterated requests by SENAN to District 7th 
of the U.S. Coast Guard, and upon this Ministry's insistence 
that SENAN keep requesting it as (the government) was in the 
process of studying the request for a waiver of jurisdiction 
requested by the Embassy through Diplomatic Note No. 701 of 
April 29, 2009. 
 
In regards to the above, the Ministry of Foreign Relations 
of the Republic of Panama, Directorate General of Legal 
Affairs and Treaties, transmits to the Embassy of the 
United States of America its concerns about the procedure 
followed in this occasion, since it was not in line with 
what is state in Article XIV (of the Salas-Becker Agreement), 
which calls for both parties to have the most ample and full 
communication during each operation.  At the same time, it is 
(also not in line with) the principle of the agreement 
reached between both governments during the meetings held in 
Panama City in December 2008. 
 
The Ministry of Foreign Relations of the Republic of 
Panama, Directorate General of Legal Affairs and Treaties, 
reiterates to the Embassy of the United States of America 
the importance for the Government of Panama of the 
enforcement 
of the Salas-Becker Agreement based on the Manual of 
Procedures 
that is under analysis by both nations in order to avoid 
major 
inconveniences during the processing of these requests. 
 
The Ministry of Foreign Relations of the Republic of 
Panama, Directorate General of Legal Affairs and Treaties, 
avails itself of this opportunity to reiterate to the 
Embassy of the United States of America, the assurances of 
its highest consideration. 
 
 
 
Panama, May 8, 2009 
 
 
 
To The Honorable 
Embassy of the United States of America, 
Panama, Republic of Panama 
 
OAE/oae 
 
END UNOFFICIAL TRANSLATION 
STEPHENSON