

Currently released so far... 12404 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
ASEC
AE
AF
AM
AR
AJ
AU
AORC
AG
AEMR
AMGT
APER
AGMT
AL
AFIN
AO
AMED
ADCO
AS
ABUD
ABLD
ASUP
ASECKFRDCVISKIRFPHUMSMIGEG
APECO
AID
AND
AMBASSADOR
AN
ARM
AY
AODE
AMG
ASCH
AMCHAMS
ARF
APCS
APEC
ASEAN
AGAO
ANET
ADPM
ACOA
ACABQ
AORL
AFFAIRS
ATRN
ACS
AFSI
AFSN
ADANA
ASIG
AA
AX
AUC
AC
AECL
AADP
AGRICULTURE
AMEX
ACAO
ACBAQ
AQ
AORG
ADM
AINF
AIT
ASEX
AGR
AROC
ATFN
AFGHANISTAN
AFU
AER
ALOW
AZ
AVERY
BA
BY
BU
BR
BE
BL
BO
BK
BM
BILAT
BH
BEXP
BF
BTIO
BC
BBSR
BMGT
BTIU
BG
BWC
BB
BD
BX
BP
BRUSSELS
BN
BIDEN
BT
CW
CH
CF
CD
CV
CVIS
CM
CE
CA
CJAN
CLINTON
CIA
CU
CASC
CI
CO
CACM
CDB
CN
CMGT
CS
CG
CBW
CIS
CR
CONDOLEEZZA
CPAS
CAN
CWC
CY
COUNTER
CDG
CL
CT
CIC
CIDA
CSW
CHR
CB
CODEL
COUNTERTERRORISM
CTR
COM
CICTE
CFED
CJUS
CKGR
CBSA
CEUDA
CARSON
CONS
CITEL
CLMT
CROS
CITT
CAC
CVR
CDC
CAPC
COPUOS
CBC
CBE
CARICOM
COE
COUNTRY
CLEARANCE
CACS
CTM
CNARC
ECON
EFIN
ETRD
EUN
EFIS
EG
ETTC
EZ
EPET
EAID
EAGR
ENRG
ECUN
EU
ELAB
ECPS
EAIR
EINV
ELTN
EWWT
EIND
EMIN
EI
ECIN
ENVR
ELECTIONS
EINVEFIN
EN
ES
ER
EC
EUC
EINT
EINVETC
ENGR
ET
EK
ENIV
ETRDEINVECINPGOVCS
ECONOMY
EAP
EFTA
EUR
EUMEM
EXIM
ERD
ENERG
EUREM
ESA
ERNG
EXTERNAL
EPA
EINVECONSENVCSJA
ECONOMICS
ELN
EINN
EFINECONCS
ENNP
EEPET
ETRDEINVTINTCS
ENVI
ETRO
ESENV
ECINECONCS
ECONOMIC
EAIDS
EDU
ETRA
ETRN
EFIM
EIAR
ETRC
EAIG
EXBS
EURN
ECIP
EREL
ECA
ENGY
ECONCS
ECONEFIN
ETC
ETRDECONWTOCS
EUNCH
EINDETRD
IR
IZ
IS
IAEA
INRB
IRAJ
IQ
IN
IT
IMO
INTERPOL
ICAO
IO
IC
ITALY
ITALIAN
IRAQI
ICTY
ID
IPR
IWC
ILC
INTELSAT
IL
IBRD
IMF
IA
IRC
ICRC
ILO
ITU
ITRA
IV
IDA
IAHRC
ICJ
ISRAELI
IRS
INMARSAT
ISRAEL
ISLAMISTS
INDO
IZPREL
ITPHUM
ITPGOV
ITF
IBET
IEFIN
INR
IACI
INTERNAL
IDP
IGAD
IEA
ICTR
IIP
INRA
INRO
IF
KJUS
KSCA
KNNP
KU
KCOR
KCRM
KDEM
KTFN
KHLS
KPAL
KWBG
KACT
KGHG
KPAO
KTIA
KIRF
KWMN
KS
KG
KZ
KN
KMDR
KISL
KSPR
KHIV
KPRP
KAWK
KR
KUNR
KDRG
KCIP
KGCC
KTIP
KSUM
KPKO
KVIR
KAWC
KPIN
KGIC
KRAD
KIPR
KOLY
KCFE
KMCA
KE
KV
KICC
KNPP
KBCT
KSEP
KFRD
KFLU
KVPR
KOCI
KBIO
KSTH
KMPI
KCRS
KOMC
KTBT
KPLS
KIRC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFLO
KBTS
KSTC
KTDB
KFSC
KX
KFTFN
KNEI
KIDE
KREC
KMRS
KICA
KPAONZ
KCGC
KSAF
KRGY
KCMR
KRVC
KVRP
KSEO
KCOM
KAID
KTEX
KNUC
KNAR
KNUP
KNNPMNUC
KLIG
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KCRCM
KHDP
KGIT
KNSD
KOMS
KWMM
KPAI
KHSA
KTLA
KO
KMFO
KRCM
KCSY
KSAC
KTRD
KPWR
KID
KWNM
KRIM
KPOA
KCHG
KOM
KSCI
KFIN
KMOC
KESS
KWAC
KMIG
KSEC
KIFR
KDEMAF
KPRV
KBTR
KERG
KTER
KDDG
KPAK
KRFD
KHUM
KDEV
KCFC
KWWMN
KWMNCS
KJUST
MARR
MOPS
MU
MTCRE
MNUC
MY
MASS
MCAP
MOPPS
MAR
MPOS
MO
ML
MR
MASC
MX
MD
MP
MA
MTRE
MIL
MCC
MZ
MK
MDC
MRCRE
MAPS
MV
MI
MEPN
MAPP
MEETINGS
MAS
MTS
MLS
MILI
MTCR
MG
MC
MARAD
MIK
MILITARY
MEDIA
MEPI
MUCN
MEPP
MT
MERCOSUR
MW
MASSMNUC
MQADHAFI
NZ
NATO
NG
NI
NO
NATIONAL
NU
NPT
NIPP
NL
NPG
NS
NA
NGO
NP
NSG
NDP
NAFTA
NR
NC
NH
NE
NSF
NPA
NK
NSSP
NRR
NATOPREL
NSC
NT
NW
NORAD
NEW
NV
NSFO
NAR
NASA
NZUS
OTRA
OVIP
OPRC
OPDC
OSCE
OAS
ODIP
OIIP
OFDP
OVP
OREP
OFFICIALS
OSAC
OEXC
OPCW
OIE
OIC
OFDA
OSCI
OPIC
OBSP
OECD
ON
OCII
OHUM
OES
OCS
OMIG
OPAD
OTR
PGOV
PREL
PHUM
PINR
PTER
PSOE
PINS
PARM
PK
PBTS
PEPR
PM
POLITICAL
PARTIES
PREF
PBIO
PROP
PA
PSI
PINT
PO
PKFK
PL
PAK
PE
POLITICS
PINL
POL
PHSA
PU
PF
POV
PFOR
PHALANAGE
PARTY
PARMS
PRGOV
PNAT
POLINT
PRAM
PMAR
PG
PAO
PROG
PRELP
PPA
PCUL
PSEPC
PSA
PREO
PAHO
PGIV
PREFA
PALESTINIAN
PAIGH
POSTS
PTBS
PGOVLO
PORG
PGOVE
PLN
PINF
PAS
PUNE
POLICY
PDEM
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PHUMPGOV
PMIL
PNG
PP
PS
PHUH
PECON
POGOV
PY
PHUMPREL
PHUS
PRL
PGOC
PNR
PGGV
PROV
PTERE
PGOF
PHUMBA
PEL
RS
RU
RW
REGION
RP
RICE
ROBERT
RSP
RUPREL
RM
RO
RCMP
RSO
RELATIONS
REACTION
REPORT
RIGHTS
ROOD
RF
RFE
RIGHTSPOLMIL
SP
SA
SY
SF
SYR
SENV
SCUL
SOCI
SNAR
SO
SU
SG
STEINBERG
SHUM
SW
SMIG
SR
SZ
SIPRS
SI
SAARC
SPCE
SARS
SN
SYRIA
SANC
SL
SCRS
SC
SENVKGHG
SAN
SNARCS
SHI
SWE
SNARIZ
SIPDIS
SEN
SNARN
SPCVIS
SEVN
SSA
SH
SOFA
SK
ST
TPHY
TU
TRGY
TI
TX
TS
TW
TC
TFIN
TD
TSPA
TH
TT
TIP
TBIO
TSPL
TZ
TERRORISM
TRSY
TN
THPY
TINT
TF
TL
TV
TK
TO
TP
TURKEY
TNGD
TBID
TAGS
TR
UP
US
UNSC
UK
UZ
UE
UNESCO
UV
UNGA
UN
UNMIK
UNO
UY
UAE
UNEP
UG
UNHCR
UNHRC
USUN
UNAUS
USTR
USNC
USOAS
UNCHR
UNCSD
UNDP
USEU
USPS
UNDC
UNDESCO
UNCHC
UNFICYP
UNC
UNODC
UNPUOS
UNCND
UNICEF
UNCHS
UNVIE
USAID
UNIDROIT
Browse by classification
Community resources
courage is contagious
Viewing cable 08SANJOSE823, COSTA RICA STAGGERS INTO SECOND CAFTA EXTENSION
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #08SANJOSE823.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08SANJOSE823 | 2008-10-15 22:10 | 2011-03-02 16:04 | CONFIDENTIAL | Embassy San Jose |
Appears in these articles: http://www.nacion.com/2011-03-02/Investigacion.aspx |
VZCZCXYZ0001
OO RUEHWEB
DE RUEHSJ #0823/01 2892243
ZNY CCCCC ZZH
O 152243Z OCT 08
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0187
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE IMMEDIATE
RUEHDG/AMEMBASSY SANTO DOMINGO IMMEDIATE 1602
RHEHNSC/NSC WASHDC IMMEDIATE
C O N F I D E N T I A L SAN JOSE 000823
SIPDIS
DEPT FOR WHA, WHA/CEN, WHA/EPSC AND EEB; PLEASE PASS TO
USTR AMALITO AND DOLIVER
E.O. 12958: DECL: 10/15/2018
TAGS: CS ECON ETRD PGOV PINR PREL
SUBJECT: COSTA RICA STAGGERS INTO SECOND CAFTA EXTENSION
REF: A. A) SAN JOSE 745
¶B. B) SAN JOSE 774
Classified By: POL/ECON Counselor David E. Henifin per 1.4 (d)
=======
SUMMARY
=======
¶1. (SBU) Implementing CAFTA continues to challenge the GOCR.
The Constitutional Court's September 11 ruling that a portion
of the 13th CAFTA bill was unconstitutional (Reftels), plus
lingering technical issues in intellectual property (IP),
triggered a second entry-into-force (EIF) extension request
to Costa Rica,s CAFTA partners. The partners granted the
extension on September 30, specifying a new EIF date of
January 1. Also on September 30, President Arias asked
visiting Commerce Secretary Carlos Gutierrez to deliver a
proposal to USTR requesting EIF for the GOCR as soon as the
13th bill has been modified per the Court,s ruling and
signed into law, regardless of the status of other
outstanding issues. (This echoed Arias's request in a letter
to POTUS on September 19.)
¶2. (SBU) Even with this latest extension, the GOCR has its
work cut out for it. The 13th law likely faces another,
opposition-driven review by the Constitutional Court. The
four outstanding IP issues may require a new, 14th CAFTA
bill. Also, the Arias administration must finalize
CAFTA-related regulations, and launch a special intellectual
property rights (IPR) enforcement office. Even under the
best case scenario (in which a 14th law is not required), the
GOCR may not complete all its remaining CAFTA tasks before
January 1. END SUMMARY.
=========================
INTO A SECOND OVERTIME . . .
=========================
¶3. (SBU) Further to Ref B, during the third week of
September, Foreign Trade (COMEX) Minister Marco Vinicio Ruiz
formally requested an EIF extension from USTR. USTR and
partner CAFTA countries agreed to an extension until January
1, 2009, with Washington-based COMs signing the prerequisite
letter on September 30. (Nicaragua required special
attention and did not sign until 19:45 Washington time).
According to USTR, the GOCR expressed "a great political
need" for a formalized extension process, no doubt a) to keep
the pressure on the weary Arias administration and its
fraying pro-CAFTA coalition in the legislature and b) to
avoid buttressing the long-held view of the anti-CAFTA
opposition that an EIF extension was never technically
required (thus leaving time to renegotiate to "soften" some
of the alleged impacts of CAFTA).
===========================
. . . WHILE FIGHTING ON THREE FRONTS
===========================
¶4. (U) The GOCR clearly needs the extra time, first to
respond to the controversial Constitutional Court decision.
The Court found one section of the 13th bill (the IPR
catch-all bill) to be unconstitutional because the GOCR did
not consult with Costa Rica,s indigenous communities, in
compliance with ILO Convention 169, regarding CAFTA-generated
changes in the existing biodiversity law that could affect
those communities.
¶5. (SBU) The national legislature is to begin debate the week
of October 13 on a modified bill, which stripped out the
section the Court found objectionable. This should de-couple
the indigenous consultation issue from CAFTA EIF. However,
the PAC-led opposition, emboldened by the latest delay and
seeing one last opportunity to block CAFTA, has already
called for a Court review of the "fixed" law. The GOCR hopes
the bill will be approved in first reading and passed to the
Court for action by the week of October 20.
¶6. (SBU) VM Roberto Thompson, who is managing the process
for the Presidencia, was cautiously optimistic when we met
with him on October 14. The Constitutional Court has given
informal signals that it will complete its review well before
the 30 days allotted, and will not raise new concerns about
the modified law.
¶7. (SBU) Thompson acknowledged, however, that some potential
roadblocks remain. The national Human Rights Ombudswoman, a
well-known CAFTA opponent, has the right to ask for
Constitutional Court review of any law and is apparently
mulling this over for the 13th CAFTA bill. Also, the
behavior of the Court, despite the GOCR,s optimism, cannot
be guaranteed in advance. With erstwhile pro-CAFTA allies in
the Libertarian Party join the PAC in stubbornly decrying the
incorrect procedures used by the GOCR to correct the 13th
law, their vote is not 100 percent assured, either. Even
with those risks, Thompson predicted the bill should be
reviewed by the Court, approved by the legislature in second
reading, and signed into law in November, at the latest.
=================
ATTACK ON THE PAC
=================
¶8. (SBU) In anticipation of the second Court review, the
worried private sector resumed its media campaign against the
PAC for once again delaying CAFTA implementation and ignoring
the will of the people as expressed by the 2007 referendum
ratifying CAFTA. AmCham contacts told us they wanted PAC to
"pay the full political cost" for the continued delays, and
they hoped the ads would moderate that party,s
obstructionism, as a similar campaign did earlier this year.
Six different ads ran on TV and radio the week of October 6,
accompanied by full page newspaper ads. 3500 textile workers
also petitioned the GOCR to implement CAFTA quickly to
protect their jobs.
¶9. (U) The ads seem to have found their mark. In a press
conference on October 14, PAC leader Otton Solis furiously
insisted that the GOCR, and not his party, should be blamed
for any CAFTA delays, and alleged (outrageously) that "dirty
narcotrafficking money" had funded the ads against his party.
In addition, the pro-CAFTA coalition is hoping the campaign
may also remind the court of the political fallout that would
ensue if CAFTA EIF were blocked.
=========================
SECOND FRONT: TECHNICAL ISSUES, . . .
=========================
¶10. (SBU) In addition, the GOCR must address four remaining
IP issues, which although seemingly small, are legally
material and thus essential to CAFTA compliance. The IP
enforcement bill (signed into law in August) is missing one
word ("performance") which effects the definition of
criminality. In the trouble-plagued IPR catch-all bill,
there are three instances where a word was added which
materially changed the meaning and harmed copyright and data
protection IP concepts. USTR believes a new 14th "technical
corrections" bill is the only way to make these necessary
changes.
¶11. (SBU) Under other circumstances in other FTA
negotiations, such a seemingly simple piece of legislation
would be an easy fix, but the political and institutional
situation is different in Costa Rica at this time. GOCR
officials, including Legislature President Francisco Pacheco,
VM Amparo Pacheco (COMEX) and VM Thompson (Presidencia), as
well as key private sector contacts, are confident they can
squeeze "one more vote" out of the cumbersome, 38-seat
pro-CAFTA coalition, but that,s it. This last vote would be
to approve the "fixed" 13th bill, assuming the Constitutional
Court finds no new problems. (Any item of legislation must
be approved by two plenary votes in Costa Rica to become
law.)
=========================
. . . AND ONE LAW TOO MANY?
=========================
¶12. (SBU) Our contacts are highly pessimistic about the
prospects of new CAFTA-related legislation, however. A
technical corrections bill would not be introduced until
December, they tell us, once the annual budget is approved
(since this takes precedence over all other legislative
action in November) and once the executive branch can again
set the legislative agenda (it can do so in the
December-April extraordinary session). Given the deep-seated
CAFTA fatigue in the legislature, swift action on this last
bill is not assured. As Thompson explained, 38 votes would
again be needed to limit debate on such a bill, otherwise
discussion could be endless.
¶13. (SBU) Our interlocutors also worry that any new
CAFTA-related bill risks giving more ammunition to the
anti-CAFTA opposition. PAC party leader (and presidential
candidate) Solis, in a letter passed to the Embassy during
Secretary Gutierrez's visit, has already called for the IPR
catch-all bill to be removed from the CAFTA implementation
package entirely (which is a non-starter), alleging that the
USG used delays in the implementation process to "place new
demands "on Costa Rica. Solis also insisted (again) that
CAFTA be re-negotiated with Costa Rica.
¶14. (SBU) Introducing a new, 14th bill does risk making the
USG the issue, since it would fuel Solis,s and other CAFTA
opponents' arguments that the USG added one more CAFTA
requirement "at the last minute." With the early political
maneuvering in full swing for the 2009-2010 election
campaign, and with the Arias administration down in the polls
and feeling against the ropes, GOCR officials and pro-CAFTA
legislators fear that even technical corrections legislation
would be a bill too far. Best case: completing work on such
a bill probably would delay EIF into the new year.
========================
THE "SIDE LETTER" GAMBIT
========================
¶15. (SBU) Given the GOCR,s strong aversion to introducing
and processing another CAFTA bill, Arias used Commerce
Secretary Gutierrez,s visit to propose an alternate course
of action, which, if accepted, would permit Costa Rica,s
CAFTA EIF on January 1 (or as soon as the 13th bill becomes
law), regardless of progress on the other issues. The GOCR
would pledge to complete any remaining issues as soon as
possible after January 1, in a side letter signed by
President Arias himself, if that were necessary. In the
GOCR,s (accurate) calculus, EIF would make Solis,s and the
opposition,s arguments moot.
========================
THIRD FRONT: IPR ENFORCEMENT
========================
¶16. (SBU) The GOCR's third front is fulfilling the handshake
agreement with USTR to create a special enforcement office
(SEO) to enforce IP law and prosecute IP crimes. As
explained to Ambassador Cianchette and DCM Brennan in early
August by COMEX Minister Ruiz, the GOCR,s Fiscal General,
Francisco Dall'Anese, must request the authorization of the
funds for the SEO from the Corte Plena, the full 22-member
Supreme Court.
¶17. (SBU) Since then, the Arias administration and President
of the Supreme Court Luis Paulino Mora have acknowledged to
us the importance of launching the SEO, and Dall'Anese and
then-Minister of Justice Laura Chinchilla exchanged letters
on the topic. Progress has been slow, however. The Fiscal
General's most recent letter named a prosecutor, a location
of the office, and responsibilities by citing articles from
IP law, but the SEO does not yet have a budget, office or
staff.
¶18. (SBU) We are continuing our pressure, enlisting a number
of private sector allies and lower-level GOCR officials who
well understand the need for, and importance of, effective
IPR enforcement, not only for CAFTA, but also for TRIPS and
Special 301 compliance. Thompson told us October 14 that he
would push again for a proper budget and staff for the new
SEO.
=======================
REGULATIONS MOVING, AT LEAST
=======================
¶19. (SBU) The Costa Rican Embassy in Washington has provided
one piece of good news, at least. The GOCR will soon
finalize the remaining CAFTA-related regulations on
telecommunications, and the new regulatory body, SUTEL,
should staff its board by October 31.
=======
COMMENT
=======
¶20. (SBU) We provide this context as an explanation, not an
excuse. Renewed GOCR leadership and private sector pressure
should keep CAFTA from derailing in Costa Rica at the last
minute. Although more grouchy than inspirational, President
Arias has been slightly more vocal recently in pressing PAC
and the anti-CAFTA opposition to respect the will of the
people and get CAFTA done.
¶21. (SBU) The latest extension is not all bad. Although due
mostly to the Court,s rejection of the 13th bill, it has
given both sides more time to work out the final thorny
technical issues, and it has avoided the politically
problematic scenario of the GOCR seeming to have completed
all its EIF work by the earlier October 1 deadline, only to
have the USG appear to "deny" CAFTA compliance certification
because of a few outstanding issues.
¶22. (C) Leadership, pressure and time may not be enough to
ensure Costa Rica,s CAFTA EIF, however. Although the USG
has shown considerable flexibility through this long and
torturous saga, a little more may be required, in particular
given CAFTA's importance to USG policy in the region in
general, and on trade, in particular. If Arias's proposal is
not accepted, for example, and a 14th CAFTA bill is required,
then we do not expect to see Costa Rican EIF until early
2009, and perhaps later. This might give PAC leader Solis
and other CAFTA opponents the last chance they seek to push
Costa Rica's EIF into the next U.S. administration, during
which they still believe they may be able to "get a better
deal" on CAFTA for Costa Rica. Such a notion may be totally
misguided, but combined with a tired, deflated Arias
administration and the many "veto points" built into the
hyper-legalistic Costa Rican political system, Solis and the
anti-CAFTA forces still have weapons to deploy.
CIANCHETTE