Seems like it would be difficult to prove that is was not a Spanish vessel, and not owned by the Spanish Government.
SMCA is but one act or set of rules, there are many others. Look at most of the arrests that Odyssey has had taken away due to sovereign ownership claims, specifically the Mercedes, Laconia, and Cairn Hill, all under Law of Salvage/Law of Finds.
Laconia, Cairn Hill arrests were vacated due to intervention by the Brits as sovereign British, even though they were privately owned cargo vessels, the Brits paid off the insurance claims and assumed ownership, sovereign ownership.
SMCA is but one act or set of rules, there are many others. Look at most of the arrests that Odyssey has had taken away due to sovereign ownership claims, specifically the Mercedes, Laconia, and Cairn Hill, all under Law of Salvage/Law of Finds.
Laconia, Cairn Hill arrests were vacated due to intervention by the Brits as sovereign British, even though they were privately owned cargo vessels, the Brits paid off the insurance claims and assumed ownership, sovereign ownership.