US embassy cable - 05QUITO1060

C O N F I D E N T I A L SECTION 01 OF 02 QUITO 001060 
 
SIPDIS 
 
DHS FOR USCG, DEPT FOR WHA/AND, INL 
 
E.O. 12958: DECL: 09/06/2014 
TAGS: PREL, MARR, MASS, MOPS, SNAR, PTER, EC, CO 
SUBJECT: MFA LEERY OF CEDING JURISDICTION OVER SMUGGLING 
VESSEL 
 
REF: CAWTHORNE/MACRIS EMAIL OF 5/10 
 
Classified By: Charge d'Affaires Arnold Chacon, Reasons 1.4 (b), (d) 
 
1.  (C) SUMMARY:  In a May 10 call on Acting Foreign Minister 
Marcelo Fernandez, the Charge requested the GoE waive 
jurisdiction over the F/V Simon Bolivar, an Ecuador-flagged 
fishing vessel interdicted May 8 while smuggling four tons of 
cocaine.  In his demarche, the Charge revealed the Bolivar 
had intentionally rammed the USS Jarrett and endangered its 
crew, cited evidence of a possible Colombian narcoterrorism 
connection, and noted a disturbing trend of drug traffickers 
increasingly using Ecuadorian vessels to transport 
merchandise.  A vigorous U.S. prosecution of the Bolivar case 
might deter narcotraffickers from utilizing Ecuadorian 
waters, he concluded.  Fernandez initially pushed back, 
claiming the "Colombian connection" was sketchy and the 
ramming more a suicide mission than an attack.  Rather than 
dismiss the U.S. request immediately, he requested additional 
information in order to make a more educated decision.  The 
Embassy May 11 provided Bolivar case specifics via diplomatic 
note; a positive GoE response to the jurisdiction request 
looks unlikely, however.  END SUMMARY. 
 
2.  (SBU) U.S. law enforcement long believed the F/V Simon 
Bolivar, an Ecuador-flagged fishing vessel, was involved in 
trafficking cocaine to the United States.  The USS Jarrett, 
conducting C-N patrols in the eastern Pacific May 7, spotted 
the Bolivar 130 miles west of Peru, doing no fishing.  After 
a PD-27 conference call, the interagency agreed to seek the 
GoE's approval for interdiction, boarding, and inspection; 
the Ecuadorians replied affirmatively 18 hours later.  Upon 
boarding, the Jarrett's inspection team discovered concealed 
packages they assumed were drugs, despite the Bolivar crew 
earlier having opened scuttling valves to sink the vessel. 
In a final attempt to destroy evidence, the Bolivar's captain 
accelerated to full speed and rammed the Jarrett, causing 
minor damage to the warship but destroying the fishing 
vessel.  Jarrett crewmembers then apprehended the Bolivar's 
captain and crew, and recovered over 100 bales of cocaine 
from the wreckage. 
 
3.  (C) The Embassy May 10 received interagency-approved 
guidance to approach the GoE, to seek a waiver of 
jurisdiction over the apprehended Ecuadorian nationals and 
allow a U.S. prosecution (Ref email).  Poloff conveyed 
preliminary information on the Bolivar seizure to MFA U/S for 
Sovereignty and Limits Diego Stacey; the undersecretary 
promised to brief the acting FM in advance of the Charge's 
pre-scheduled call. 
 
3.  (C) The Charge told Fernandez that Washington agencies 
viewed the Simon Bolivar case with great concern.  A 
Colombian Designated Terrorist Organization (DTO) was 
involved, for instance.  The multi-ton bust was the third 
involving Ecuadorian crews in two weeks, pointing to 
increasing DTO infringement of Ecuadorian sovereignty.  And 
the Bolivar captain had deliberately attacked a U.S. warship, 
an action the USG viewed with great alarm.  The Charge 
emphasized he had Washington instructions to exert fullest 
pressures to win jurisdiction over the captain, cargo and 
crew. 
 
4.  (C) Fernandez's skepticism was thinly-veiled throughout 
the meeting.  He first questioned the DTO angle.  "Where is 
the proof?," he demanded.  Fernandez also downplayed the 
significance of the Bolivar's captain's ramming the Jarrett, 
noting the vessels' size discrepancy from the photos the DCM 
had brought.  "Were there explosives on board?  If not, it 
looks more like an act worthy of Ripley's Believe it or Not." 
 
5.  (C) Despite his apparent doubt, Fernandez promised to 
consider the USG request and cooperate in investigating the 
case.  He lamented the dearth of information with which to 
make a decision to waive jurisdiction, however, claiming the 
DCM's demarche and an earlier pre-brief were insufficient. 
As an example, he lacked (and sought) the total weight of 
drugs recovered.  The DCM proposed transmitting a diplomatic 
note containing case specifics; Fernandez welcomed the offer. 
 They promised to converse again before week's end. 
 
6.  (C) COMMENT:  The Embassy delivered the diplomatic 
correspondence May 11; it essentially recast the referenced 
email.  Regrettably, we consider the MFA appeal more a 
stalling tactic than a good-faith request for information; a 
positive response to our request for Bolivar jurisdiction 
therefore would surprise us.  Foreign Ministry elites long 
have seen themselves the guardians of Ecuadorian sovereignty. 
 With the Alfredo Palacio administration now featuring 
ultranationalist ministers, the situation likely will worsen, 
and such sovereignty concerns could constrain the GoE from 
waiving jurisdiction over this and other interdictions. 
CHACON