VZCZCXYZ0027
RR RUEHWEB

DE RUEHMU #0537/01 1521347
ZNR UUUUU ZZH
R 011347Z JUN 09
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 4183
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 000537 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: EINV ECON NU
SUBJECT: NICARAGUA: AMBASSADOR WARNS GON, PROPERTY WAIVER NOT A SURE THING
 
REF: A. STATE 51201; B. MANAGUA 389 
 
Summary 
------- 

¶1. (SBU) On May 22, Ambassador Callahan met with Foreign Minister Samuel Santos and Attorney General Hernan Estrada to express serious concerns regarding how U.S. citizen property claims are being handled during the 2008-09 waiver year. He addressed issues such as cooperation, claims under GON control, Decrees 3 and 38 dismissals, claims in court, resolution of claims though official publication, nullification of previously resolved claims, and an alleged recent confiscation of U.S. citizen property. The Ambassador also refuted an argument planted by Santos that the amount of development assistance we provide to Nicaragua is somehow related to the compensation the GON has paid since 1990 for property expropriated from U.S. citizens.
 
Cooperation 
----------- 

¶2. (SBU) On May 22, Ambassador Callahan met with Foreign Minister 
Samuel Santos and Attorney General Hernan Estrada to express our 
serious concerns regarding how U.S. citizen property claims are 
being handled during the 2008-09 waiver year (Ref A).  The 
Ambassador opened the meeting by thanking Estrada for having 
established a Liaison Office for U.S. Claims.   He explained that 
this office has helped to improve the flow of information between 
claimants and the GON.  Santos and Estrada also noted their 
appreciation for the monthly working group meetings between the 
Embassy and the GON on property issues. 
 
Comparing Indemnification with Development Assistance 
--------------------------------------------- -------- 

¶3. (SBU) Santos went on to provide an overview of GON efforts to 
resolve claims, asserting that they had finalized 33 as of May 21. 
He explained, however, that continuing to pay claims -- so far the 
GON has paid out $1.2 billion since 1990 -- was a significant drain 
on government resources.  In contrast, he calculated U.S. Agency for 
International Development (USAID) assistance for Nicaragua at only 
$760 million for the period. 
 
¶4. (SBU) After correcting Santos' math -- the actual figure for USAID assistance is almost $1.4 billion -- the Ambassador spelled out the difference between indemnification and development assistance. While the former is compensation paid to individuals for private property that the Sandinista regime expropriated during the 1980s, the latter represents the commitment of the United States to economic development and democracy in Nicaragua. The Ambassador asked Santos not to confuse the two.
 
Missing Claimants 
----------------- 

¶5. (SBU) Estrada complained that the list of U.S. citizens seeking 
compensation for expropriated property included as many as 30 
claimants who have not responded to GON efforts to settle their 
claims.  The Ambassador responded that the Embassy has contacted 
many of these claimants to encourage them to submit the necessary 
paperwork to settle their claims.  The Ambassador acknowledged that 
there were likely some on the list who had abandoned their claims, 
but with more than 90 percent of those on the list still actively 
seeking resolution, it would be more constructive to instead focus 
on those cases.  Estrada asserted that the Embassy continues to add 
cases to the list of waiver claims.  The Ambassador clarified that 
this was not true; several U.S. citizens had received compensation 
for a part of their claim, and for this reason they need to stay on 
the list. 
 
Claims under GON Control 
------------------------ 

¶6. (SBU) The Ambassador pressed Estrada for information on efforts 
to resolve cases under government control, noting that resolving 
claims under control of the Army is a benchmark for granting a 
waiver this year.  In particular, he mentioned that resolving the 
Barreto claims, 28 in all, would be a significant milestone. 
Estrada said he was making progress on the claim but provided no 
further details.  [Note: Barreto informed us on May 19 that the GON 
had offered him compensation bonds with a face value of $330,000. 
Barreto has yet to respond to this offer.  End note.] 
 
Decrees 3 and 38 
--------------- 

¶7. (SBU) The Ambassador asked Estrada and Santos for additional information on the application of Decrees 3 and 38, published in 1979 to authorize the expropriation of property owned by Somoza, his family, and his associates. The Ambassador complained that the process by which these decrees had been applied to dismiss 146 cases in 2007 and 2008 lacked transparency and appeared arbitrary. These cases had been previously accepted as eligible for compensation, the Ambassador said, and there exists no process by which claimants can dispute these dismissals.
 
¶8. (SBU) Santos explained that the effective application of these 
decrees was a priority for the current government, and that the 
government will continue to dismiss claims from U.S. citizens who 
are subject to the decrees.  He and Estrada were both survivors, he 
claimed.  Santos alleged that he was tortured by a Somoza associate 
-- who he acknowledged did not appear in the list of registered U.S. 
claims -- while Estrada had survived a recent attempt on his life 
(Ref B).  Estrada assured the Ambassador that his office had 
established administrative procedures to review cases and apply the 
decrees, which are still in effect.  Nevertheless, he refused to 
share information on those procedures with us.  He finally admitted 
that the application of Decrees 3 and 38 was, by its nature, 
somewhat subjective.  [Note: On March 12, Estrada had promised to 
review 70 of the cases dismissed on the basis of these decrees, but 
that commitment now appears in question.  End note.] 
 
Claims in Court 
--------------- 

¶9. (SBU) Santos complained that among the list of U.S. claims were a 
number of cases in the courts and, therefore, outside his 
government's control.  The Ambassador responded that while these 
cases are working their way through the courts, the GON can still be 
helpful.  The Ambassador expressed concern that, in fact, the 
opposite had occurred on several occasions, when the Attorney 
General had petitioned local courts in favor of the illegal 
occupants of U.S. citizen property.  Estrada did not answer the 
Ambassador's complaint directly, instead asserting that the GON 
cannot interfere in judicial proceedings.  He further argued that 
those claims should be removed from the waiver list. 
 
Resolution of Claims through Official Publication 
--------------------------------------------- ---- 

¶10. (SBU) The Ambassador noted our concern that instead of 
negotiating with U.S. citizens to resolve claims to each party's 
satisfaction, the GON considered claims resolved after having 
published case resolutions in the Official Gazette and depositing 
compensation in an escrow account.  Estrada replied that in many 
cases, negotiations had stalled because claimants had sentimental 
attachment to their properties and were looking for compensation 
that would exceed cadastral value.  He suggested that claimants who 
were unsatisfied with the compensation offered should pursue their 
claims in court.  The Ambassador reiterated our position that we do 
not consider a case resolved until a claimant notifies us that 
he/she has been compensated fairly. 
 
Confiscation of U.S. Citizen Property 
------------------------------------- 

¶11. (SBU) In response to the Ambassador's request for additional information on allegations that the government had recently expropriated the property of a U.S. citizen without providing compensation, Santos and Estrada categorically denied that GON would take such measures. Estrada promised to look into the issues and provide additional information at the next property working group meeting scheduled for May 28, 2009. The Ambassador emphasized that a new confiscation could jeopardize Nicaragua's chance for a waiver this year.
 
Comment 
------- 

¶12. (SBU) The GON's weak defense of its property claims resolution 
process and policies illustrates the level of cooperation we have 
received in advancing U.S. citizen claims during this waiver year. 
The Ambassador's meeting with Foreign Minister Santos and Attorney 
General Estrada served notice to the GON that more work needs to be 
done on advancing U.S. claims and that this year's waiver decision 
is not a "done deal."  We anticipate that Attorney General Estrada 
and his staff will work diligently to resolve more claims in the 
next two months.  GON officials have privately told us that Estrada 
is under pressure to do all that he can to ensure that Nicaragua is 
granted a Section 527 waiver for 2008-2009. 
 
CALLAHAN