ID:245274
    Date:2010-01-25 14:33:00
    Origin:10MADRID76
    Source:Embassy Madrid
    Classification:CONFIDENTIAL
    Dunno:05MADRID1010
    Destination:VZCZCXRO7000
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DE RUEHMD #0076/01 0251433
ZNY CCCCC ZZH
P 251433Z JAN 10
FM AMEMBASSY MADRID
TO RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 1737
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHMO/AMEMBASSY MOSCOW PRIORITY 0985
RUEHLA/AMCONSUL BARCELONA PRIORITY 4313
RUEHNA/DEA HQS WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUCNOSC/ORG FOR SECURITY CO OP IN EUR COLLECTIVE PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUCNFB/FBI WASHDC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RUEILB/NCTC WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEHMD/USDAO MADRID SP PRIORITY
    
C O N F I D E N T I A L SECTION 01 OF 03 MADRID 000076 
 
SIPDIS 
 
DEPARTMENT FOR EUR/WE (ALEX MCKNIGHT AND STACIE ZERDECKI), 
EUR/ERA (ALESSANDRO NARDI), INR/TNC (JENNIFER MCELVEEN AND 
STEPHEN WOROBEC), INL (SCOTT HARRIS), L (PROPP), S/CT (MARC 
NORMAN) 
EMBASSY MOSCOW (THOMAS FIRESTONE) 
DEPARTMENT PASS TO NSC (GREG GATJANIS) 
DEPARTMENT PASS TO NIC (JOHN REGAS) 
DEPARTMENT PASS TO FBI (BARRY M. BRAUN AND KAREN GREENAWAY) 
DEPARTMENT PASS TO DOJ (BRUCE SWARTZ, TODD HINNEN, TOM OTT 
AND BRUCE OHR) 
DEPARTMENT PASS TO DOD/JRTF (STEVIE HAMILTON) 
FOR EUCOM-JAC (BRYAN HEWITT) 
 
E.O. 12958: DECL: 01/10/2020 
TAGS: KJUS, KHLS, PGOV, PREL, PTER, SP, PINS, KCOR, PINR 
SUBJECT: INAUGURAL U.S.-SPAIN COUNTER-TERRORISM AND 
ORGANIZED CRIME EXPERTS MEETING 
 
REF: 05 MADRID 1010 
 
MADRID 00000076  001.2 OF 003 
 
 
Classified By: Ambassador Alan D. Solomont for reasons 1.4 (b) and (d) 
 
1. (C) SUMMARY AND COMMENT:  Spanish prosecutors hosted DOJ 
counterparts during January 12-13 as part of the new US-Spain 
Counter-Terrorism and Organized Crime Experts Working Group. 
The meeting marked five years of bilateral 
prosecutor-to-prosecutor talks on counter-terrorism (CT) 
issues and the first time that the group's agenda was 
expanded to include organized crime (OC) issues.  Qe Spanish 
reviewed their CT and OC efforts and the U.S. delegation 
congratulated Spain for its leadership in international 
cooperation in both these areas that the USG hope to learn 
more about.  The Spanish repeatedly indicated that they are 
at the USG's disposal on these matters and that they support 
a variety of ways to strengthen bilateral cooperation.  The 
two delegations discussed possible deliverables that could be 
announced during a bilateral meeting on the margins of or 
during the US-EU Justice and Home Affairs (JHA) Ministerial 
meeting during April 8-9 in Madrid.  END SUMMARY AND COMMENT. 
 
//Positive Assessments of Bilateral Legal and Judicial 
Cooperation// 
 
2. (C) Multiple members of the Spanish delegation reflected 
on the progress that they have seen in the level of bilateral 
cooperation over the past five years and indicated that 
Spain's high expectations for the January 12-13 bilateral 
meeting were more than met.  Spanish Attorney General (AG) 
Candido Conde-Pumpido acknowledged the increasingly closer 
bilateral cooperation this forum provides.  He stated, "I'm 
certain we're following the right path" and, with a view to 
both the  expansion of the forum's mandate to discuss OC 
issues and the numerous ideas floated for even further 
cooperation, the AG added, "We are committed to going 
further."  Bruce Swartz, Deputy Assistant Attorney General 
(DAAG) in the DOJ/General Criminal Division, and Todd Hinnen, 
DAAG in the DOJ/National Security Division, assured the 
Spanish of AG Holder's personal commitment to CT and OC 
issues.  In his closing remarks, Conde-Pumpido stated that 
the talks were "more fruitful than expected." 
 
3. (C) Both delegations agreed that the working group's 
inclusion of OC issues on the agenda was appropriate and 
timely, given the December 2009 case in which the U.S. Drug 
Enforcement Agency arrested three self-identified members of 
Al-Qaida in the Islamic Maghreb (AQIM) for their efforts to 
provide security in West and Northern Africa for FARC cocaine 
shipments bound for Spain.  This case was often identified as 
being at the nexus of terrorism and OC. 
 
//Broad Agreement on Variety of Ways to Strengthen Future 
Collaboration// 
 
4. (C) Both delegations noted that revisions to the US-EU 
Treaty on Mutual Legal Assistance that will come into effect 
on February 1 provide for the creation of joint investigative 
teams (JITs).  Swartz indicated that the DOJ "fully agrees" 
with the GOS's interest in establishing a JIT with the USG 
and predicted that combination would be "powerful."  Both 
delegations agreed on the utility of establishing a bilateral 
JIT and agreed that the two sides needed to reflect on what 
would be the specific issue or case to investigated by the 
 
MADRID 00000076  002.2 OF 003 
 
 
joint team.  Both sides further agreed that it would be best 
to begin with a "narrow" agreement which provides for only 
basic levels of collaboration and then build upon that as 
appropriate.  Swartz told the Spanish that our two countries 
face an important opportunity and that it would be "highly 
appropriate" if Spain were the first EU country with which 
the USG create a JIT. 
 
5. (C) The Spanish delegation repeatedly identified Spain as 
a pioneer in using JITs and highlighted that they currently 
have 12.  Spain has six JITs with France alone:  five to 
combat the Basque Fatherland and Liberty (ETA) terrorist 
group and one to combat radical Islamic terrorism.  Chief 
Prosecutor Javier Zaragoza praised the work of these CT JITs 
for their "very positive results."  Spain also has five JITs 
devoted to counter-narcotics and most recently has 
established a 20-person JIT with Bulgaria to combat the 
production of counterfeit euros. 
 
6. (C) On other areas for possible collaboration, Swartz 
informed the Spanish that the FBI has offered to send an 
agent to work alongside Spanish counterparts for a six-month 
rotation to work on OC issues.  Similarly, Swartz expressed 
the DOJ's availability to attend any GOS or EU meeting that 
CT or OC meetings that Spain believes would be appropriate. 
On behalf of the Spanish delegation, Elvira Tejada de la 
Fuente, Chief Prosecutor for the Technical Secretariat of the 
General Prosecutor's Office, accepted both offers, saying 
said that Spain would welcome the FBI's presence and that 
Spain would be pleaQd to recommend increased U.S. 
attendance, whether in Eurojust or another forum.  Meanwhile, 
Conde-Pumpido expressed interest in the possibility of 
sending Spanish prosecutors to work alongside US counterparts 
in the United States. 
 
//Spain Supports USG Decision to Use Civil Trials in 
Terrorism Cases// 
 
7. (C) Conde-Pumpido and Zaragoza expressed considerable 
interest in AG Holder's October 2009 decision to have KSM and 
other suspected 9/11 terrorists tried in a the civil criminal 
justice system and congratulated the USG for its bravery in 
this regard.  Zaragoza described the change of policy as 
"going back to democratic normality."  Zaragoza offered 
Spanish assistance in providing evidence for use in the 9/11 
trial, stating, "We are at your disposal."  Zaragoza also 
drew attention to the fact that Spain has information that it 
is willing to provide to the USG regarding KSM's role in AQ's 
synagogue attack in Tunisia in 2002. 
 
//Spanish Presentations// 
 
8. (C) Post will provide septel cables on most of the Spanish 
presentations during the January 12-13 meetings.  On CT 
issues, Vicente Gonzalez Mota gave a readout on his recent 
successful prosecution of the radical Islamist cell that 
plotted to attack the Barcelona metro system while Dolores 
Delgado gave a "Lessons Learned" presentation on the 
difficulties she has faced in the admissibility of U.S. 
intelligence as evidence in recent cases she has prosecuted. 
Jose Grinda briefed the U.S. delegation on his assessments of 
the Eurasian/Russian mafia and outlined Spain's strategy for 
combating it while Daniel Campos Navas gave a presentation on 
the National Court's jurisdiction in OC cases.  LTC Manuel 
 
MADRID 00000076  003.2 OF 003 
 
 
Navarrete of the Civil Guard's Intelligence Service spoke on 
the threat that AQIM poses to Spain. 
 
//Spain Appreciates DOD Briefing// 
 
9. (C) Zaragoza expressed appreciation for a releasable 
classified briefing - delivered by a four-person DOD team 
representing the US European Command (USEUCOM) and the Joint 
Reconnaisnace Task Force (JRTF), led by Bryan Hewitt of 
USEUCOM/JAC Molesworth - on the USG assessment of the threat 
to Spain and Europe from foreign fighters.  The DOD team 
offered to share available information on individual foreign 
fighters with links to Spain.  This briefing was a follow-up 
to one provided to the Spanish in June 2009, during the most 
recent meeting of the bilateral group.  Zaragoza asked that 
Spain be notified informally when the USG has information 
related to Spain and reciprocated the offer to share 
information, saying, "We are at your disposal in this shared 
fight." 
 
//Background on the U.S.-Spain Bilateral Counter-Terrorism 
and Organized Crime Experts Working Group// 
 
10. (SBU) For the past five years, the USG and GOS have had 
prosecutor-to-prosecutor dialogues on CT issues.  Then 
Attorney General (AG) Alberto Gonzalez and then Justice 
Minister Juan Fernando Lopez Aguilar founded the U.S.-Spain 
Bilateral CT experts Working Group in March 2005 on the 
one-year anniversary of the Madrid train bombings (See Ref 
A).  The January 12-13, 2010 meeting marked the first time 
that OC was on the agenda, which was included at the request 
of the Spanish in June 2009, at the most recent meeting of 
the US-SPain CT Experts Working Group in Washington, DC. 
 
11. (U) The delegation has cleared this cable. 
SOLOMONT