VZCZCXYZ0005
PP RUEHWEB

DE RUEHBU #0939/01 2262106
ZNR UUUUU ZZH
P 142106Z AUG 09
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 4227
INFO RUCNMER/MERCOSUR COLLECTIVE
RHMFIUU/HQ USSOUTHCOM MIAMI FL
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
RHMFIUU/SECNAV WASHINGTON DC

UNCLAS BUENOS AIRES 000939 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PBTS PHSA MARR PGOV AR
SUBJECT: ARGENTINA: SECOND DIPNOTE ON TRANSIT OF MAKIN 
ISLAND 
 
REF: BUENOS AIRES 0928 
 
¶1. (U) Action Request for Department, see para 5. 
 
¶2. (SBU) Embassy Buenos Aires received a second diplomatic 
note from the GOA dated August 13 regarding the transit of 
the Amphibious Assault Ship Makin Island LHD8 through the 
Strait of Magellan.  An Embassy translation of the note 
follows: 
 
Opening salutation. 
 
"...and desires to make reference to the transit of the ship, 
USS Makin Island, through Argentine territorial waters. 
 
"As per the diplomatic note of August 12, 2009, the Foreign 
Minister notes that according to information from the 
Argentine Navy, the ship was preparing to transit the Strait 
in the direction of the Pacific Ocean.  In this context the 
Embassy was reminded of the practice of providing information 
to Argentine authorities in accordance with the Convention on 
the Law of the Sea and the regulations of the Joint Chiefs of 
the Argentine Armed forces contained in the "Norms for 
Embassy Armed Forces Attaches Accredited to the GOA" (Article 
2.2.2). 
 
"In this case, it is necessary to communicate that on that 
day the Argentine Navy's observation post at Cabo Virgenes 
spotted the ship and at 06:48 hours contacted the ship to ask 
for its identification, which was provided by the United 
States crew to the observation post.  The USS Makin Island 
continued its passage and left Argentine territorial waters 
for those of Chile. 
 
"This episode constitutes a violation of the applicable 
international norms, in that the named vessel entered 
Argentine territorial seas without having notified its 
intentions prior to its passage through this maritime space. 
 
"The Government of Argentina recalls that in the past the 
United States Navy has observed said norms without 
exceptions. 
 
"For this reason, the Government of Argentina manifests its 
formal protest, at the same time urging the USG and 
particularly the U.S. Navy to comply with applicable norms. 
That would contribute to keeping military cooperation within 
the positive and constructive framework that both nations 
promote." 
 
Closing Salutation. 
 
¶3. (SBU) Although the first note of August 12, per reftel, 
was delivered to CDA at a point when GOA authorities knew 
that the ship had already passed through the east end of the 
Strait, it was written as if the ship was preparing to pass 
through but had not yet done so.  (CDA was told that the note 
had been transmitted on August 12, before the ship approached 
the straits, but the Embassy did not receive a note on that 
date.) The second note, translated above, records the GOA 
protest over the ship having completed the transit. 
 
¶4. (SBU) Embassy has information about the sequence of 
communications at the entrance to the Strait that differs 
from that presented in the Argentine note.  The referenced 
Joint Chiefs of the Argentine Armed forces regulation titled 
the "Norms for Embassy Armed Forces Attaches Accredited to 
the GOA" (Article 2.2.2) is in a 1998 publication that 
specifies the Argentine procedures for passage of war ships 
within twelve miles of the coast in the Strait of Magellan. 
The salient points of the regulation follow: transiting 
closer than 12 miles from the Argentine coast in sovereign 
waters by war ships shall be considered to be a visit by that 
vessel and will be treated as a visit under established 
guidelines.  Transit of the Strait of Magellan includes 
expedient and unrestricted navigation by the vessel according 
to Argentine authorities and all ships must respond to 
requests for identification being put to them.  Warships will 
state their intentions before transiting the straits as 
stated on Nautical Chart H-424, first edition, 1984. (Note: 
The Argentine regulation is not entirely clear but may be 
interpreted as requiring only a hail and notification by the 
ship of its intentions at the point of entrance, rather than 
advance notification through the Defense Attache.  End Note.) 
 
¶5. (SBU) Action Request:  Embassy requests Department 
guidance on how to respond to the two diplomatic notes, 
including cleared language to utilize.  If our view is that 
the Strait's status as an international waterway precludes 
the necessity of advance notification, then we recommend 
communicating that clearly in the response.  If there is room 
to establish a practice of voluntary notification, even if 
not required, that should be conveyed.  If the matter is open 
to differing interpretations, then Embassy recommends a 
response offering further consultations on the matter. 
KELLY