Cablegate: Civair: Demarche Delivered On Violation of Federal

VZCZCXRO8628
PP RUEHLA
DE RUEHMD #0064 0230825
ZNR UUUUU ZZH
P 230825Z JAN 08
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 4108
INFO RHMFIUU/FAA NATIONAL HQ LONGMONT WASHDC PRIORITY
RUEHLA/AMCONSUL BARCELONA 3246

UNCLAS MADRID 000064

SIPDIS

SIPDIS

STATE FOR EEB/TRA/OTP: KRISTIN R. GUSTAVSON

E.O. 12958: N/A
TAGS: EAIR SP ECON
SUBJECT: CIVAIR: DEMARCHE DELIVERED ON VIOLATION OF FEDERAL
AVIATION REGULATIONS

REF: SECSTATE 167503

1. On January 18, Econoff delivered reftel demarche to
Santiago Quiros, Case Officer from the Ministry of
Infrastructure's Civil Aviation Directorate. Econoff
informed Quiros that in August 2007, potential Spanish
citizen Jose Munoz allegedly violated U.S. federal aviation
regulations by smoking on board a Continental Airlines flight
on route to Newark, NJ from Paris. Quiros expressed
appreciation for the notification but advised Econoff that
under GOS regulations, the Spanish government can only pursue
an investigation if the air carrier is of Spanish provenance
or if the incident occurs over Spanish airspace. Spanish
regulations do not permit the Civil Aviation Directorate to
pursue a case based on the individual's nationality. Since
the aircraft is not/not of Spanish origin, and there is no
indication that the infraction occurred over Spanish
airspace, the GOS has opted not to take action.

2. Post will return the files pertaining to Mr. Jose Munoz
(2007EA250090) to EEB/TRA/OTP via diplomatic pouch.
AGUIRRE

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