

Currently released so far... 6239 / 251,287
Articles
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
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Amsterdam
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 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
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
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 Lagos
Mission USNATO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Embassy Pristina
Embassy Pretoria
Embassy Prague
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 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 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 Tijuana
USUN New York
USEU Brussels
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Browse by tag
ASEC
AU
AORC
AF
AM
AFIN
AEMR
AR
ASIG
AMGT
AG
APER
AL
ABLD
ASUP
AA
ASECKFRDCVISKIRFPHUMSMIGEG
AE
AMED
AS
AGMT
APECO
AO
AFFAIRS
AJ
ACOA
AX
AROC
ATFN
ASEAN
AFGHANISTAN
ADCO
AFU
AER
ALOW
AODE
ABUD
ATRN
AID
AC
AVERY
APCS
CASC
CJAN
CVIS
CS
COUNTER
CD
CU
CI
CO
CG
CE
CA
CMGT
CH
CWC
CBW
CKGR
CR
CN
CPAS
CONS
CDG
CLINTON
CT
CJUS
CY
CV
COUNTERTERRORISM
CIA
CACM
CDB
CAN
COE
CM
COUNTRY
CLEARANCE
CACS
CF
CONDOLEEZZA
CARSON
CL
CIS
CODEL
CTM
CB
COM
ECON
EFIN
ETRD
EAIR
EAID
ET
EFIS
ENRG
EPET
ETTC
ER
EG
EINV
EAGR
ELAB
EUN
EWWT
ENGR
EMIN
ECIN
ENIV
ES
EC
ECPS
EIND
EI
EU
ENVI
ETRDEINVECINPGOVCS
ELTN
EZ
EINT
ELN
EUR
EUNCH
EN
EINVECONSENVCSJA
ELECTIONS
EINVEFIN
ENNP
ECUN
EXTERNAL
EK
EFINECONCS
ECINECONCS
ECIP
EINDETRD
EUC
EREL
ENVR
ECA
ENERG
ENGY
ETRO
EFTA
ECONCS
ECONOMICS
ECONEFIN
EINVETC
EINN
ESA
ETC
ETRDEINVTINTCS
ESENV
ETRDECONWTOCS
IR
IZ
IWC
IC
ILC
IO
IAEA
IN
IS
IT
ICRC
INTELSAT
ILO
IBRD
IMF
ICAO
IMO
ITALY
ITALIAN
IRAQI
ITRA
ISRAELI
ICJ
IACI
INTERPOL
ID
IV
ICTY
IQ
IPR
INRB
ITPHUM
IIP
IL
IA
INR
ITPGOV
IZPREL
IRC
INRA
INRO
IRAJ
IEFIN
IF
KE
KCRM
KDRG
KIPR
KCOR
KSCA
KBIO
KDEM
KMCA
KMPI
KNNP
KJUS
KOMC
KGHG
KSUM
KSTC
KIRF
KTIP
KWMN
KZ
KG
KTFN
KHLS
KPAO
KFRD
KTIA
KOLY
KCFE
KISL
KFLU
KPKO
KWBG
KTBT
KTDB
KOCI
KUNR
KAWK
KICC
KPAL
KSTH
KN
KS
KGIC
KNPP
KWAC
KMDR
KAWC
KBCT
KIDE
KFLO
KWMNCS
KSEP
KU
KNEI
KVPR
KACT
KRAD
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KCIP
KSAF
KV
KSPR
KPRP
KFSC
KCRS
KR
KRFD
KX
KO
KPWR
KMIG
KSEC
KIFR
KDEMAF
KFIN
KGCC
KPIN
KHIV
KPLS
KIRC
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KGIT
KBTS
KPRV
KBTR
KERG
KWMM
KRVC
KNSD
KVIR
KNUP
KTER
KDDG
KHSA
KMRS
KHDP
KTLA
KPAK
KNAR
KREL
KPAI
KTEX
KCOM
KNNPMNUC
KPOA
KLIG
KHUM
KDEV
KNUC
KCFC
KREC
KOMS
KWWMN
MASS
MP
MARR
MOPS
MNUC
MX
MO
MCAP
MY
ML
MU
MIL
MC
MTRE
MA
MD
MTCRE
MEPI
MAR
MRCRE
MR
MV
MPOS
MZ
MEPP
MOPPS
MAPP
MASC
MT
MERCOSUR
MK
MDC
MI
MAPS
MCC
MASSMNUC
MQADHAFI
MUCN
MTCR
MG
OVIP
OREP
OTRA
OSCE
OECD
OIIP
OEXC
OPCW
OPIC
OPDC
OPRC
ODIP
OVP
OSCI
OAS
OFDP
OTR
OSAC
OIC
OFFICIALS
OIE
PREL
PGOV
PHUM
PTER
PE
PINR
PINS
PARMS
PARM
PHSA
PA
PK
PBTS
PO
PREF
POL
PLN
POLITICS
PROP
PL
PM
PAO
PSI
PG
PEPR
POV
PALESTINIAN
PINT
PSOE
PU
POLITICAL
PARTIES
PBIO
PECON
PAK
POGOV
PINL
PKFK
PMIL
PY
PFOR
PHALANAGE
PARTY
PRAM
PMAR
PGOVLO
PUNE
PORG
PHUMPREL
PF
POLINT
PHUS
PGOC
PNR
PGGV
PNAT
PGOVE
PRGOV
PRL
PROV
PTERE
PGOF
PHUMBA
PINF
PEL
SNAR
SO
SENV
SU
SCUL
SOCI
SP
SC
SA
SMIG
SAN
SZ
SW
SN
SY
SR
SL
SEVN
SF
SYR
SI
SG
STEINBERG
SIPRS
SH
SNARCS
SOFA
SANC
SHUM
SK
ST
TERRORISM
TRGY
TZ
TX
TBIO
TSPA
TS
TSPL
TW
TU
TD
TIP
TURKEY
TP
TI
TC
TPHY
TH
TO
TK
TNGD
TINT
TRSY
TR
TFIN
TT
UG
UK
UP
UNGA
UNHRC
UZ
UN
UNAUS
USTR
UNSC
US
UNEP
UY
UNESCO
USUN
UNHCR
UAE
UNMIK
USEU
UV
UNO
UNDP
UNCHS
UNVIE
UNCHC
UE
UNDESCO
USAID
UNDC
Browse by classification
Community resources
courage is contagious
Viewing cable 08SANJOSE516, COSTA RICA -- 2008 REPORT ON INVESTMENT DISPUTES AND
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. #08SANJOSE516.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08SANJOSE516 | 2008-06-16 19:07 | 2011-03-21 16:04 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy San Jose |
VZCZCXYZ0000
OO RUEHWEB
DE RUEHSJ #0516/01 1681955
ZNR UUUUU ZZH
O 161955Z JUN 08 ZDK
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9848
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
UNCLAS SAN JOSE 000516
SENSITIVE
SIPDIS
DEPT FOR WHA/CEN RBEAL, EEB/IFD/OIA FOR HGOETHERT, L/CID FOR
GSWINEY/CHOLLAND
E.O. 12958: N/A
TAGS: CASC EINV SENV KIDE EFIN OPIC PGOV PREL ECON CS
SUBJECT: COSTA RICA -- 2008 REPORT ON INVESTMENT DISPUTES AND
EXPROPRIATION CASES
REF: (A) SECSTATE 43784, (B) 06 SAN JOSE 1254
¶1. (U) SUMMARY. The Embassy is aware of three outstanding cases
brought by American business entities and citizens against the
Government of Costa Rica (GOCR). Two of these cases (claimants C
and E below) are longstanding. Although claimant C is not satisfied
with the outcome thus far, due process does not seem to have been
denied in that case. For claimant E, the case is still working its
way through the legal system. Claimant D is a new case involving at
least six AmCit landowners. (Our claimant designation is the same
as used in the 2006 report, Ref B). END SUMMARY.
--------------
EXPROPRIATIONS
--------------
CLAIMANT C
¶2. (U) In 1983 the GOCR expropriated extensive ranchland owned by
Claimant C, an Amcit. The GOCR held the land for nine years, after
which it lifted the expropriation order and returned the property.
Claimant sued the GOCR to obtain compensation for income lost during
the nine- years the GOCR held claim. The court ordered an
appraisal, which determined that the claimant suffered a loss of USD
11 million due to the expropriation. The GOCR balked at the amount
and refused to proceed with the claim. Over the course of 10 years,
the claimant, with support from the Embassy, attempted to reach a
negotiated settlement with the GOCR, while also pursuing the matter
in Costa Rican courts.
¶3. (U) Legal recourse in the Costa Rican justice system has now been
exhausted with a recent decision from the highest civil court in
Costa Rica (Sala I or "Sala Primera") which awarded nothing to the
claimant. The claimant informed us in May 2008 that the case has
been submitted before the InterAmerican Human Rights Commission.
COMMENT: To date, although the Claimant continues to be unsatisfied
with the results delivered by the Costa Rican judicial system, it
appears that the Costa Rican court system has not denied Claimant C
due process. END COMMENT.
CLAIMANT D
¶4. (U) A number of US citizens are currently facing expropriation of
lots in "Las Baulas" National Park. The land under expropriation is
a 75-meter strip from a point 50 meters above the high-tide mark to
a point 125 meters above the high-tide mark and extending along
approximately six kilometers of Playa Grande and the smaller beaches
of Playa Ventanas and Playa de Jesus in Guanacaste Province.
Valuation of the land has become contentious, since "Las Baulas"
National Park is contiguous to the booming beach town of Tamarindo
and the lots subject to expropriation are among the very few in
Costa Rica with beachfront title.
¶5. (U) A straight reading of the law that created "Las Baulas"
National Park in 1995 is that it is a purely marine park extending
125 meters seaward of the high-tide mark. Nevertheless, the
Procurator General (Prosecutor General) in 2004 interpreted the 1995
law to mean that it applies to the area 125 meters above the
high-tide mark. The first 50 meters of all Costa Rican beaches are
public dominion, so this interpretation applied to the next 75
meters of privately owned land. The Constitutional Chamber of the
Supreme Court agreed to hear the case in 2005, and in May 2008
decided that the Procurator General's ruling was valid. This means
that the local municipality of Santa Cruz's previous approvals of
development in the zone are invalid.
¶6. (U) The beaches within "Las Baulas" National Park are among the
most important nesting beaches in the Pacific basin for the
endangered Leatherback Turtle (or "Baula" in Spanish). The strip
of land subject to expropriation is behind the area of the beach
where the turtles nest and is meant to provide a small buffer
between any development and the nest sites. The landowners contend
that a strict zoning ordinance would protect the area just as well
without depriving landowners of their properties. In an April
meeting with Embassy staff, Minister of Environment and Energy
Roberto Dobles clarified that landowners under the expropriation
order include both foreigners and Costa Ricans and stated that 18
expropriations had already been declared, rejected by the
plaintiffs, and put before the courts. An additional 32
expropriations had been declared as "public interest" but hadn't
proceeded to the courts. More cases were under preparation.
¶7. (U) The Embassy has received a signed petition from five US
citizens who are currently appealing their expropriation orders. A
sixth US citizen, the longtime owner of a hotel on the beach and
also subject to expropriation, has separately contacted the Embassy.
We are told that additional US citizens have been, or will be,
affected by the expropriations. One of the petitioners states that
neighbors "within 300 meters of each other" have received wildly
disparate court appraisals of $13 per square meter (/m2), $200/m2,
$500/m2, $800/m2 and $850/m2. We have also been told that such
titled beachfront Costa Rican land is "priceless" or in any case
worth more than $1,200/m2. As a reference, six kilometers of beach
with 75 meters of expropriated land at $800/m2 would carry a value
of $360 million dollars. It is not clear if the GOCR has the
reserves or budget for such a purchase, which is a major reason that
a strict zoning ordinance applied to development behind the beach
has been mentioned repeatedly as an alternative if not a complement
to the expropriations.
¶8. (U) Expropriations in "Las Baulas" National Park have progressed
in a way reasonably consistent with the rule of law, although there
have been enough irregularities to provide ammunition to all parties
involved. The process will likely continue for years. The Embassy
will continue to actively monitor the case.
-----------------
BUSINESS DISPUTES
-----------------
CLAIMANT E
¶9. (U) An American oil company was granted a concession for offshore
exploration in 1998. When the previous administration of President
Abel Pacheco entered office in 2002, it announced that it would not
allow offshore oil exploration. The claimant pursued legal recourse
for damages suffered when his concession contract was cancelled. In
different decisions over the last several years, Costa Rican courts
have ruled in favor of both the claimant and the GOCR. Following a
court decision in favor of the claimant for damages, the GOCR
responded in January 2005 by declaring the claimant in breach of
contract for non-performance. In April 2005, the claimant responded
to the breach of contract charge by counter-suing the GOCR. The
claimant countered that non-performance was caused by the original
GOCR finding that environmental impact studies were inadequate,
which delayed work. For the past year, the claimant has been in
discussions to sell the concession to another firm, and recently
informed the Embassy that this could happen "over the summer"
(June-August). The claimant continues to simultaneously seek
compensation in Costa Rican courts, which he will abandon once the
sale of the concession is finalized.
¶10. (U) Minister Dobles stated in a recent meeting with US Embassy
representatives that the GOCR is looking to renew gas and petroleum
exploration in Cost Rica and that the GOCR is currently waiting for
a ruling from the Procurator General's office determining whether
the claimant's lease is legally finished ("juridicamente terminado")
or not. When asked if there is any room for arbitration with the
claimant's case, he stated "that train already left the station"
("esta etapa ya paso"). That is, if the Procuraduria decides that
the claimant's concession is legally finished, then the claimant's
only recourse by the GOCR's reckoning is in the Costa Rican courts
of law. Embassy representatives were given the impression that
there is a good chance that the Procuraduria will decide that the
claimant's concession is not legally finished and can therefore be
revived. However, Minister Dobles gave the clear impression that
the GOCR would not look favorably upon revival of the lease while
the plaintiff is still sueing for damages.
---------------------------
IDENTIFICATION OF CLAIMANTS
---------------------------
¶11. (SBU) The three cases are identified as follow:
-- Claimant C: Rancho Gessling, S.A.
-- Claimants D: Brett Berkowitz, Glenn Gremillion, John Gill, Greg
Rogers and Wayne Cates (petitioners). Louis Wilson,(hotel owner).
-- Claimant E: Harken Energy Corporation/MKJ
CIANCHETTE