US embassy cable - 05MADRID1892

UNCLAS SECTION 01 OF 02 MADRID 001892 
 
SIPDIS 
 
DEPARTMENT FOR OES/OA (LIZ TIRPAK) AND EUR/WE 
 
E.O. 12958: N/A 
TAGS: KRVC, KTIA, PHSA, SENV, SP 
SUBJECT: U.S. COMMERCIAL VESSEL REQUEST TO MEET WITH OES 
EXPERTS 
 
REF: A. STATE 52463 AND PREVIOUS 
     B. FORDER/TIRPAK EMAILS 
 
1.  This is an action request for OES/OA -- see paragraph 7 
 
2.  SUMMARY:  Mr. Chuck Collins, representative of 3U 
Technologies, requests to meet with OES/OA, L/OES, and other 
OES experts sometime between May 23-25 to discuss several 
options his company is considering pending resolution of its 
request to conduct commercial research in Spanish territorial 
waters.  Madrid requests that OES/OA (Liz Tirpak) organize 
this meeting and inform Mr. Collins directly of the desired 
date/time/place.  END SUMMARY. 
 
3.  As Washington is aware, MFA Note Verbale 127/18, dated 
May 11, granted 3U permission to conduct its research program 
in Spanish waters.  The note (paragraph seven) conditioned 
MFA approval on 3U's agreement to board a Spanish Navy 
technician while operating in Spanish waters.  Via U.S. Note 
Verbale 242, dated May 16, we asked, at 3U's request (and 
with OES/OA authorization), that the Spanish Navy sign two 
non-disclosure agreements prior to the Navy technician 
boarding the 3U vessel.  The Navy is studying the request and 
it remains unclear when and if it will agree to sign these 
two documents. 
 
4.  Given the above, 3U's ability to conduct its research 
campaign in Spanish waters remains uncertain.  In a May 17 
meeting with ECONCOUNS and ESTHOFF, Mr. Collins indicated 
that 3U has lost faith in the GOS and may thus abandon its 
plan to conduct research in Spanish waters.  If 3U makes this 
decision, it will consider three other options:  (1) conduct 
the research without Spanish authorization in Gibraltar 
waters (within the three mile line) and in international 
waters off Spain (beyond the 12 mile line); (2) approach 
Morocco about conducting the research within Moroccan waters; 
or, (3) postpone the research and return to the U.S. 
 
5.  Prior to making its business decision, 3U requests 
"informal, expert advice" from Department officials. 
Specifically, Mr. Collins would like to explore Department 
views about option (1) above.  In other words, would the  USG 
interpretation of UNCLOS permit 3U to conduct research 
outside the 12 mile line (but inside the 200 mile Spanish 
EEZ) without Spanish authorization.  Mr. Collins would also 
like to know U.S. views about conducting the research within 
three miles of Gibraltar (with a UK permit).  He is aware of 
the controversy surrounding Odyssey's proposal to conduct 
maritime salvage operations in this same area.  Finally, Mr. 
Collin's would like USG views about approaching Morocco, if 
necessary. 
 
6.  Mr. Collins may suggest that if 3U chooses option (1), 
the USG consider two courses of action to safeguard possible 
3U operations beyond the 12 mile line:  (A) place a USG 
official on board the 3U vessel; and/or, (B) deliver a Note 
Verbale to the GOS informing Madrid that 3U plans to conduct 
its research beyond the 12 mile line and that the U.S. 
interpretation of UNCLOS suggests that no/no GOS permit would 
be required for such activity.  Mr. Collins believes this 
would help dissuade any possible Spanish attempts to 
interfere with a potential 3U research cruise beyond the 12 
mile line. 
 
7.  ACTION REQUEST:  Mr. Collins said he would be in 
Washington next week and would like to meet with appropriate 
State Department experts at any time May 23-25.  Embassy 
requests that OES/OA organize such a meeting that would 
include OES/OA, L/OES, and other appropriate officials. 
Embassy requests that OES/OA (Liz Tirpak) call Mr. Collins no 
later than May 20 with the date/time/place of this meeting. 
 
8.  COMMENT:  We understand 3U's frustration and lack of 
faith in the GOS's ability to take the steps required to 
allow 3U to conduct its research in Spanish waters.  To help 
inform those who will attend the meeting with Mr. Collins, 
ESTHOFF contacted May 18 the Spanish Navy Captain responsible 
for both reviewing the 3U provided nondisclosure agreements 
and determining the modalities of boarding the Spanish Navy 
technician.  The Captain said he could not speak with ESTHOFF 
without the permission of his Admiral and that he doubted the 
Admiral would approve any communication with the Embassy that 
does not pass through MFA.  ESTHOFF then contacted the 
responsible MFA official, who said he could not predict when 
or even if the Navy would agree to sign the nondisclosure 
agreements.  This official said MFA views the agreements as 
"routine" and was urging the Navy to sign.  The Navy, 
however, was seeking a formal MFA legal review of the 
documents that could delay further action for weeks.  Thus, 
at this time, we cannot say with any degree of certainty that 
3U will be able to conduct its research in Spanish waters. 
 
9.  COMMENT CONTINUED:  The block would be removed if 3U 
decided it could board the Navy technician without the 
nondisclosure documents being signed.  But 3U's attorney's 
claim that the "Jones Act" requires signature.  If 3U remains 
firm on this point, and we believe it will, it appears that 
the Spanish option could be off the table (at least for the 
imminent future).  This makes it all the more urgent that 
Department experts meet with Mr. Collins to provide USG views 
about other research options under consideration.  For its 
part, Embassy Madrid will continue to work with 3U and OES/OA 
to ensure that 3U is well represented and advised as it 
continues its efforts to get its project underway. 
 
10.  NOTE:  Mr. Collins provided ESTHOFF a handwritten 
document that he believes could interest participants in the 
meeting he has requested.  This document has been faxed to 
OES/OA (Liz Tirpak). 
NEALON