US embassy cable - 05CARACAS648

C O N F I D E N T I A L CARACAS 000648 
 
SIPDIS 
 
NSC FOR C. BARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 03/02/2015 
TAGS: PREL, SNAR, VE 
SUBJECT: VENEZUELA DEFERS AGREEMENT ON CNIES 
 
REF: A) 04 STATE 209663 B) 04 STATE 264077 
 
Classified By: Political Counselor Abelardo A. Arias for reason 1.4 (b) 
 and (d). 
 
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SUMMARY 
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1.  (C)  Venezuela deferred indefinitely agreement on the 
sharing of counter narcotics interception-related data 
February 25, responding via Diplomatic Note to our request of 
November 2004 to formalize the sharing of radar track data 
under the Cooperating Nation Information Exchange System 
(CNIES).  The GoV reiterated its commitment to combat drug 
trafficking, but opted to defer because of the possibility 
that entering into such an agreement could conflict with 
pending civil aviation legislation.  The Ambassador had 
brought the GoV's delay in responding to our request to the 
attention of Deputy Foreign Minister Maria Pilar Hernandez 
February 18.  Without the agreement, CNIES counter narcotics 
data sharing with the GoV ceased as of March 1.  End Summary. 
 
2.  (C)  During a meeting February 18 largely devoted to 
other subjects, the Ambassador reminded Deputy Foreign 
Minister Maria Pilar Hernandez that we had not received a 
response to our Diplomatic Note of November 17, 2004 
regarding the sharing of counter narcotics 
interception-related information.  Our November Note proposed 
the formalization of an agreement on how the shared radar 
track data, made available under the Cooperating Nation 
Information Exchange System (CNIES) was to be used. The 
Ambassador noted that without such an agreement, the sharing 
of information between our two governments would cease as of 
March 1.  At Hernandez's request, we then provided copies of 
our original Note, and the subsequent reminder about the 
impending deadline, on February 22. 
 
3.  (C)  Hernandez responded February 25 via Diplomatic Note. 
 According to the Note, her office had begun to study the 
proposed agreement in the context of Venezuelan domestic law 
and international obligations to combat drug trafficking, and 
reiterated the GoV's commitment to "support, back and 
cooperate on any initiative" against narcotics trafficking in 
"absolute respect" to its laws and obligations.  As an 
example, the Note refers to discussions with Brazil and 
Colombia about mechanisms to communicate in real-time about 
the movement of aircraft for interception.  The Note, 
however, refers to legislative discussion of an amendment to 
the decree on civil aviation, required to bring Venezuela 
into compliance with the International Civil Aviation 
Organization (ICAO).  To avoid juridical contradictions and 
incompatibilities, the Note states, the GoV thus must defer 
on going forward with the agreement. 
 
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COMMENT 
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4.  (C)  With the reiteration of its commitment to meeting 
its international obligations against drug trafficking, the 
GoV is attempting to cover its tracks.  The fact remains, 
however, that the deferral closes an important area of 
potential counter narcotics cooperation.  As a practical 
matter, the effect of the cut-off is unlikely to be great 
since the GoV had not been acting on information made 
available through CNIES prior to the March 1 deadline. 
Brownfield