US embassy cable - 04MADRID2937

UNCLAS MADRID 002937 
 
SIPDIS 
 
SENSITIVE 
 
DOE FOR PLONGSWORTH 
DOE/NNSA FOR TRACY MUSTIN AND WILLIAM KILMARTIN 
PARIS FOR LETTICIA SERRANO AND DEIDRA MAHON 
DHS FOR US CBP LEV KUBIAK 
 
E.O. 12958: N/A 
TAGS: ETTC, MNUC, PARM, PREL, SP 
SUBJECT: SPAIN MEGAPORTS MOA SIGNING AWAITING LEGAL COUNSEL 
REVIEW; CONFUSION BETWEEN CSI AND MEGAPORTS 
 
REF: 03 MADRID 3416 
 
1.  (SBU) Summary:  We accompanied Department of Energy (DOE) 
Deputy Administrator Paul Longsworth and William Kilmartin of 
the National Nuclear Security Administration's (NNSA) Office 
of Defense Nuclear Nonproliferation to meetings with the 
director of Spanish Customs and the president of the Ports of 
State regarding the Megaports Initiative (Megaports).  At 
Spanish Customs, the proposed Spanish translation of the 
Memorandum of Agreement (MOA) was discussed and appears to be 
satisfactory, although GOS lawyers need to review the 
language upon their return from August vacations.  The new 
president of the Ports of State was briefed on Megaports with 
its role in combating terrorism and understood a little 
better how Megaports is different from the Container Security 
Initiative (CSI).  End Summary. 
 
GOS MAY BE PREPARED BY LATE SEPTEMBER FOR MOA SIGNING IN THE 
U.S. 
 
2.  (SBU) After some discussion of the proposed changes to 
the Spanish translation of the MOA, Customs Director Nicolas 
Bonilla opined that the modifications were not substantial, 
and anticipated that following a review by legal counsel in 
September, the MOA could be ready for signature.  Bonilla 
noted that the signing should take place no earlier than 15 
days after both parties agree on the final English and 
Spanish versions.  Longsworth responded that the submitted 
English and Spanish drafts are the USG's proposed final 
versions, and that the USG hopes for a response from the GOS 
regarding the versions as soon as possible.  Based upon 
Spain's August vacation schedule and subsequent legal review, 
Spanish officials were hesitant to consider a signing date 
any earlier than the final week of September, but also did 
not want to speak about specific dates until legal review had 
taken place.  Further, Bonilla suggested several times during 
the discussion that a GOS official could travel to the US to 
sign the MOA. 
 
BRIEFING FOR NEW PRESIDENT OF PORTS OF STATE:  MEGAPORTS AND 
CSI NOT THE SAME 
 
3.  (SBU) Mariano Navas Gutierrez, the newly-appointed 
president of the Ports of State, received an introductory 
briefing on Megaports.  He asked numerous questions about 
Megaports and how it differed from CSI, a Department of 
Homeland Security initiative now underway in Algeciras. 
Although we had briefed him on these two initiatives in June, 
he demonstrated some confusion about the differences and 
similarities of these two initiatives.  He expressed pleasure 
on learning that Megaports should not hinder the flow of 
containers within the ports, and requested that the DOE send 
additional information to him. 
 
4.  (SBU) Comment:  Welcoming a Spanish official to the US 
for the MOA signing could provide an opportunity for further 
briefings on transportation security projects of mutual 
concern.  A visit to a US port where Megaports equipment is 
already installed could also be productive.  While the GOS 
has consistently supported Megaports, some confusion remains 
in distinguishing it from CSI.  It is understood that both 
CSI and Megaports involve many of the same Spanish officials 
and will potentially target the same three ports over the 
next several years:  Algeciras, Barcelona and Valencia. 
Spanish officials realize that both Megaports and CSI combat 
terrorism and involve containers.   Yet these similarities 
probably contribute to the confusion.  From an embassy 
perspective, it seems that CSI and Megaports may be 
distinguished in the following ways, respectively:  document 
inspection followed by scanning of selected containers vs. 
goal of examining all containers; host country paying for 
scanning equipment vs. DOE generally providing the equipment; 
greater DHS personnel involvement in medium-term vs. minimal 
DOE personnel commitment (primarily for set-up and training); 
and sequential anticipated implementation at ports (Algeciras 
implemented before detailed assessment of Barcelona and/or 
Valencia) vs. potential for almost simultaneous activation of 
Megaports in at least two of the three ports.  The Embassy 
continues ready to assist in furthering the implementation of 
both CSI and Megaports. 
MANZANARES