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Cable reference id: #09MADRID673
“All of them, those in power, and those who want the power, would pamper us, if we agreed to overlook their crookedness by wilfully restricting our activities.” — “Refus Global“, Paul-Émile Borduas

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TED3146 ACTION EUR-00 INFO LOG-00 EEB-00 AF-00 AID-00 ACQ-00 CPR-00 INL-00 DODE-00 DOTE-00 WHA-00 PERC-00 PDI-00 DS-00 EAP-00 DHSE-00 OIGO-00 FAAE-00 VCI-00 DIAS-00 FRB-00 H-00 TEDE-00 INR-00 IO-00 LAB-01 ARMY-00 MOFM-00 MOF-00 VCIE-00 NEA-00 DCP-00 NSAE-00 NIMA-00 GIWI-00 SCT-00 DOHS-00 FMPC-00 SP-00 IRM-00 SSO-00 SS-00 NCTC-00 CBP-00 DSCC-00 PRM-00 DRL-00 SCA-00 NFAT-00 SAS-00 FA-00 SWCI-00 SANA-00 /001W ------------------88EA99 090807Z /38 P 090645Z JUL 09 ZDK FM AMEMBASSY MADRID TO SECSTATE WASHDC PRIORITY 0904 HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY INFO EUROPEAN POLITICAL COLLECTIVE PRIORITY AMEMBASSY BOGOTA PRIORITY AMEMBASSY MEXICO PRIORITY AMEMBASSY STOCKHOLM PRIORITY AMCONSUL BARCELONA PRIORITY CIA WASHDC PRIORITY DEA HQS WASHDC PRIORITY DEPT OF JUSTICE WASHDC PRIORITY DIA WASHDC PRIORITY FBI WASHDC PRIORITY NCTC WASHINGTON DC PRIORITY NSC WASHDC PRIORITY TSA HQ WASHINGTON DC PRIORITY US SECRET SERVICE WASHDC PRIORITY USDAO MADRID SP PRIORITY USEU BRUSSELS PRIORITY
Hide header C O N F I D E N T I A L MADRID 000673 SIPDIS FOR EUR/WE, EUR/NB, EUR/ERA, INR, WHA/MEX, WHA/AND PASS TO MARC FREY, DAVE GORDNER, KIKO CORTI, MIKE SCARDAVILLE OF DHS E.O. 12958: DECL: 07/09/2019 TAGS: PREL [External Political Relations], PINS [National Security], PTER [Terrorists and Terrorism], PINR [Intelligence], KHLS [Homeland Security], KCIP [Critical Infrastructure Protection], KCRM [Criminal Activity], SP [Spain; Balearic Islands; Canary Islands; Mallorca], PGOV [Internal Governmental Affairs] SUBJECT: SPAIN: DHS SEC. NAPOLITANO'S MEETINGS WITH CABINET MINISTERS REF: A. MADRID 671 B. MADRID 614 Classified By: Charge D'Affaires Arnold A. Chacon for reasons 1.4 (b) a nd (d) ¶1. (C) SUMMARY. In addition to the meetings described in Ref A, DHS Secretary Janet Napolitano held meetings on July 1 with Spain's Second Vice President, Elena Salgado, who also serves as Minister of Economy and Finance, Interior Minister Alfredo Perez Rubalcaba, and Justice Minister Francisco Caamano. While the meeting with the Ministry of Economy and Finance focused on combating financial and customs crimes, the meetings at the Ministry of Interior addressed several ways to strengthen bilateral and U.S.-EU cooperation. Talks with the Justice Minister centered around GOS efforts to revitalize the transatlantic agenda during its EU Presidency in early 2010 and on the reforms to Spain's "universal jurisdiction" law. Embassy Madrid's Charge d'Affaires Chacon and DHS/ICE Attache Alvarez accompanied the Secretary and her delegation, which included Chief of Staff Noah Kroloff, U/S Beers, A/S Smith, DAS Koumans. END SUMMARY. //MEETING WITH SECOND VP AND MINISTER OF ECONOMY AND FINANCE SALGADO// ¶2. (U) The Secretary discussed financial and customs crimes with Salgado and her staff, which included Secretary of State for Economy (vice minister) Jose Manuel Campa, DG of the Treasury Soledad Nunez, Customs Director Nicolas Bonilla, Customs Deputy Director for Investigation and Enforcement Maria Vicenta Abad, Deputy DG of Inspection and Control of Capital Movements Juan Vega, and Ministerial advisor Rufino de la Rosa. The GOS delegation praised existing bilateral cooperation and expressed a desire to continue strengthening it. Campa explained that the GOS planned to submit to the Congress in the next two weeks draft legislation to implement an EU Directive on money laundering and terrorist financing. (Comment: Press reports indicate that this is the third directive, 2005/60/CE, which was supposed to have been implemented by December 2007.) The legislation also would contain language designed to prevent money laundering through the purchase of GOS bonds. Salgado noted that Spain chaired a European regional working group in this area and was working closely with the USG. ¶3. (SBU) Customs Director Bonilla cited three areas of cooperation with the USG. Controlled deliveries of cash and the Container Security Initiative (CSI) in the ports of Algeciras, Barcelona, and Valencia were working well, and the GOS hoped the CSI could be expanded to additional ports. The "Hands Across the World" operation against bulk cash smuggling held June 10-16 at Madrid's Barajas airport was successful in catching illegal couriers and in deterring such activity. The USG also provided useful information on many cocaine shipments. In response to a question from the S ecretary, Salgado noted her concern regarding cocaine trafficking and consumption dating from her earlier service as Health Minister. Bonilla said Mexicans were replacing Colombians as cocaine traffickers to Spain. Representatives of his service and ICE had traveled together to Colombia to open communication channels with GOC officials. Bonilla said the GOS also had a productive bilateral exchange with Mexican officials. The Secretary and Minister Salgado agreed to expand cooperation to address the trafficking of drugs and cash from Colombia and Mexico to the U.S. and Spain. The S ecretary indicated Madrid ICE Attache Luis Alvarez would have the lead for DHS. ¶4. (SBU) Treasury DG Nunez noted that the draft law implementing the EU money laundering directive would create a database with names and account numbers for all financial accounts. At present, in order to freeze assets, the GOS needed to ask all of the co3"Q> 3azen, such as judicial orders based on probable cause to suspect tax fraud. Nunez also noted GOS support for the EC's proposal on SWIFT data exchange to fight terrorist finance. ¶5. (SBU) Secretary Napolitano asked whether proceeds from human trafficking were treated the same way as drug proceeds under Spanish law and in terms of the database. Treasury official Vega indicated that Spanish law defined money laundering broadly, so that operations involving proceeds from human trafficking could be considered money laundering. Salgado believed the database could be used in searches for proceeds from human trafficking and thought language was included in the draft law that would allow this. (Comment: The Vice President did not appear certain.) //MEETING WITH INTERIOR MINISTER RUBALCABA// ¶6. (C) Secretary Napolitano stated that the USG was interested in working with Spain to negotiate an agreement on data privacy that could lead to a US-EU information-sharing accord signed during Spain's 2010 EU Presidency. Rubalcaba said for years there has been interest within the EU in doing this, but that the early 2009 Czech Presidency "basically wasted six months." Rubalcaba suggested that he would talk to his counterpart in Sweden, which took the EU late 2009 Presidency that day, to coordinate with Stockholm the relaunch US-EU talks during the Swedish Presidency in hopes that negotiations could conclude either during the Swedish or the Spanish EU Presidencies. Rubalcaba appeared supportive of reaching an agreement, but cautioned that cumbersome EU red tape - and the need for consensus among the 27 member-states before the bloc negotiates with the USG - would make this timeline difficult to achieve. ¶7. (C) The Secretary offered to work with the Department of State to supply a DHS official - for a six- to nine-month tour in anticipation of and during the Spanish EU Presidency - to work in Rubalcaba's Ministry to address these U.S.-EU issues and to strengthen bilateral efforts to combat terrorism, human trafficking, and drug smuggling. The Minister said he was delighted the Secretary accepted the proposal he had made during his visit to Washington the previous week and said that a similar program with a German Ministry of Interior official had been enormously productive for Spain. The Minister suggested the sooner this could be arranged, the better, but he also went out of his way that the GOS was not looking for anyone to supplant the role of the ICE Attache office in U.S. Embassy Madrid and emphasized that the workload would be different. Rubalcaba also made a pitch for two or three Civil Guard officials to travel to the United States for a briefing on how the U.S. Coast Guard operates. The Secretary replied she would be more than happy to have DHS work with the Spanish on this. ¶8. (C) The Secretary and Rubalcaba also signed a declaration of principles to formalize the presence of three CBP officers who have been working at Madrid's Barajas Airport as part of the Department's Immigration Advisory Program (IAP). The accord allows IAP to continue operations following a successful pilot. During a joint press conference following the signing of the agreement, Rubalcaba said that the GOS did not rule out the possibility that the program could be expanded to other Spanish airports. //MEETING WITH JUSTICE MINISTER CAAMANO// ¶9. (C) Caamano informed the Secretary that the GOS - during its EU presidency - was planning to revitalize the transatlantic agenda. He said he was aware of some USG concerns about the EU position on data protection and explained that the EU was looking for a balance of privacy guarantees and security concerns. The Secretary agreed with the initiative to promote cooperation between both the USG and GOS and the USG and the EU. She added that there was a lot of information that could and should be shared. She suggested that there must be a way to strike the balance the Minister had described and told Caamano that she had offered to provide a DHS official on TDY to the Ministry of Interior to help resolve this and other issues. Asked whether combating cybercrime and promoting cybersecurity would be included in Spain's transatlantic agenda initiative, the Minister replied that that he thought that it would. The Secretary encouraged this to be a priority item and highlighted that these types of crimes do not respect national boundaries. Caamano said the EU had been working on some framework decisions to allow member-states to be more effective in combating cybercrime and indicated that perhaps regulatory reforms could be established to close down servers that systematically violate intellectual property rights. ¶10. (C) The Secretary inquired as to the status of Spain's "universal jurisdiction" doctrine, to which Caamano replied that the practical application of universal jurisdiction - which is very popular in Spain - had caused problems for the GOS with other democratic countries. The Minister explained how the lower house of the Spanish parliament recently had passed a bill which would prevent Spain from becoming "the guardian of the world." He elaborated that the reform - which still had not received approval from the Senate - would establish that the Spanish judiciary could not open a case involving crimes against humanity if another country already had begun its own investigation. Also, the reform would establish that there must be a link between the crime and Spanish interests, such as an incident involving Spanish citizens. The Minister pointed out that the National Court had recently dismissed a Spanish "universal jurisdiction" case involving Israeli bombardment of the Gaza Strip in 2002 after Israel opened its own investigation into the matter. ¶11. (SBU) The DHS delegation has cleared this cable. CHACON

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