Cablegate: Request for Status Assessment of Lima Airport

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 LIMA 005267

SIPDIS

SENSITIVE

DEPT FOR WHA/AND, EB/TRA/AN, PM/ISO
PENTAGON FOR USAF/XONP DALE CHANEY

E.O. 12958: N/A
TAGS: EAIR ECON EFIN ETRD EINV PGOV PE
SUBJECT: REQUEST FOR STATUS ASSESSMENT OF LIMA AIRPORT

REF: 03 STATE 64266

1. (U) This cable is an action request. Please see para 9.

2. (SBU) Summary. The Peruvian Government and its private
airport Concession holder, Lima Airport Partners, continue
to press the U.S. Embassy to pay its outstanding bill dating
back to 2001 for landing, parking, and other user fees for
services provided at the Lima Jorge Chavez Airport. The USG
and the GOP signed an agreement in 1996 that exempts all
narcotics-related flights from paying fees at the Jorge
Chavez airport. Post delivered a diplomatic note in June,
highlighting the USG policy to not pay fees for any state
aircraft, whether narcotics related or not, landing at
government airports. The GOP, however, disagrees with the
USG classification of Jorge Chavez as a government airport
and has requested that the Embassy pay all fees on non-
narcotics related flights. The GOP will only consider
negotiating an MOU to exempt future flights from fees once
Post has paid its outstanding bill. Post requests that the
Department reevaluate the status of the Jorge Chavez Airport
and provide information regarding Peruvian flights landing
at U.S. Airports. End Summary.

Demand for Airport Fees
-----------------------

3. (U) In May, Post received a bill from the Lima Airport
Partners (LAP: the concessionaire of the Jorge Chavez
Airport) for outstanding landing, parking and other user
fees for all flights that used the Jorge Chavez Airport
between February 14, 2001 and March 29, 2005. (Note: LAP
began its concession of the Lima Airport's commercial
operations on February 14, 2001. End Note.) The bill
totaled more than $300,000 plus taxes and interest.

4. (U) Subsequently, Post received a diplomatic note, which
acknowledged the 1996 Agreement between the USG and the GOP
that exempts payment of airport fees for all narcotics
related flights. (Note: under the Agreement, the Ministry
of Transportation and Communications (MTC) is to pay LAP for
all fees on narcotics related flights. End Note.) The
diplomatic note, however, included a request for Embassy
payment of all non-narcotics flights. In order to determine
which flights are not covered by the 1996 Agreement, the
Ministry of Foreign Affairs (MFA) and the MTC requested that
the Embassy submit a detailed list of all flights between
February 14, 2001 and March 29, 2005, annotating the non-
narcotics flights.

5. (U) Using the guidance in reftel, we sent a diplomatic
note in June, stating that the USG policy is to not pay fees
for any state flights landing at government airports. We
explained that a USG interagency working group determined,
based on the answers to four questions, that the Jorge
Chavez Airport is considered a government airport. We
further highlighted that all state flights utilize the Air
Force facilities at Grupo 8, which is a government facility.

GOP Argues Jorge Chavez is Private Airport
------------------------------------------

6. (SBU) After almost six months of inaction, the MFA in
the past few weeks has resumed contact with the Embassy on
this issue. According to Augusto Arzubiaga, Director of
Aviation Issues at the MFA, the GOP disagrees with the USG
determination of Jorge Chavez as a government airport.
During a conversation on December 12, Arzubiaga pointed out
that the runway is actually controlled by LAP; therefore the
U.S. flights should pay landing fees to LAP on non-narcotics
flights. He also noted that the GOP only charges other
countries $1 plus taxes for state flights. He lamented that
the USG, with its deep pockets, refuses to pay such a small
fee.

7. (SBU) We noted that the USG has substantially more
flights than other countries and inquired as to whether the
GOP would charge $1 for all non-narcotics flights between
2001-2005. According to the LAP bill, the fees, which
include landing, parking, towing and refueling, among
others, total more than $1 a flight. Arzubiaga was unclear
on how much the GOP would charge and promised to check on
the actual cost.

Need an MOU to Exempt All Flights
---------------------------------

8. (SBU) Arzubiaga noted that even though it is a U.S.
practice to not pay for state flights, the Peruvian
Government would require a Memorandum of Understanding (MOU)
to this effect. He stated that the $1 fee the GOP charges
other countries is more reasonable. While the GOP is open
to negotiations, it will pursue an agreement that charges
the USG a minimal amount for flights. Arzubiaga noted,
however, that the GOP is unwilling to discuss the MOU until
the Embassy pays its outstanding bill for all non-narcotics
flights.

Action Requests
---------------

9. (U) The MFA is interested in resolving this issue. In
order to move forward with the discussions, Post requests
guidance on the following:

--Post requests that the Department reevaluate the status of
the Lima Jorge Chavez Airport. In the reevaluation, please
state the criteria used to determine whether the airport is
government or private.

--Post is interested in obtaining information about Peruvian
flights that land at U.S. airports, specifically the Miami
International Airport, Dulles International and Ronald
Reagan National Airport. Please note whether these three
airports are considered government or privately controlled.
Also, Post requests information as to whether the GOP must
pay fees when landing at these airports.

--Post also requests guidance on whether we should address
the broader USG position on state flights or whether we
should provide the GOP with a list detailing the narcotics-
related flights.

10. (U) Post appreciates the Department's assistance.

POWERS

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