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### Viewing cable 09MADRID673, SPAIN: DHS SEC. NAPOLITANO'S MEETINGS WITH CABINET

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09MADRID673 | 2009-07-09 06:06 | 2010-12-18 12:12 | CONFIDENTIAL | Embassy Madrid

`

    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

` `

    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 PINS PTER PINR KHLS KCIP KCRM SP PGOV
    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 ...

`