Spain suing Odyssey...

[jeff k]

gibfocus - 12th July 2007
(2007-07-12 13:54:00 )

Odyssey hopes to be allowed to sail away and resolve problems


Aladar Nesser, formerly the US Attache in Gibraltar who is now in charge of Odyssey's International Business Development, has confirmed that the Ocean Alert was boarded at a predetermined location 3.5 miles off Europa Point.

Speaking to the local radio GBC, Nesser has stated that the company did complain verbally when boarded. Nesser claimed that they were being boarded in international waters and therefore Spain had no jurisdiction.

However, with Spain claiming 12 miles from its shores, it subsequently informed the skipper of the vessel that they were within their own jurisdiction and ordered the vessel to head into the port of Algeciras. Although stating that the Guardia Civil conducted themselves very professionally, and no hostilities existed, Nesser did allege that the vessel had been threatened with force if it did not direct itself to the Spanish port.

Nesser claimed that he hoped the vessel would be able to sail away, with the dispute with Spain resolved after the inspection.

 

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[jeff k]

gibfocus - 12th July 2007
( 2007-07-12 14:10:00)


British Foreign and Commonwealth office officials have criticised the decision by Spain to board the Ocean Alert in international waters this morning. Although British officials were aware that the vessel would be boarded once out of Gibraltar waters, British officials have said that they will make representations to Spain over the boarding.

Whilst the issue would now be between the Panamanian maritime authorities, whose flag the Ocean Alert flies and Spain British officials have condemned Spain's decision to board the vessel 3.5 miles off Europa Point, at a predetermined location as confirmed by gibfocus.

Spain has continued to insist that it claims 12 miles from its coastline, with the area at which the boarding took place claimed by Spain as within their waters.

 

[wreckdiver1715]

First, OMEX went to court and received all of the proper permissions, through the court, to "arrest" the wreck in question

What Court? Spain?,Gibraltar?,...which one? be clear please

There is NO evidence at all that OMEX has done ANYTHING wrong. What they did was within the letter of the law, and the followed all the procedures to go about this legally. Just because you don't like the way it was done, doesn't mean they did anything wrong

Steve,...give me a break!! it isn't how I want be done, it's pretty much how it should be for all.
They, Odyssey, never allowed that any Spanish archaeologist get on boat to supervise the excavation works during the time they were working on Gibraltar waters. They never had in consideration that others parties in Spain had right over many shipwreck in those waters,they worked only thinking to find the treasure and take it to America, that's it, they didn't care,..do you know why? because many people here are like you, sub-estimate Spaniard, Latin people and everything that speak Spanish,...that's the true!! that it is a "F" issues existing for many century.

I will give my recommendation, OPEN VERY WELL YOUR EYES,THE TRUE NEVER,EVER WILL BE HIDDEN.

Amona

Amona, if you have been paying attention at all to this thread, It has been repeatedly stated that Odyssey filed an Admiralty claim in US Federal court to arrest the wreck known as the "Black Swan", that is located in international waters some place in the Atlantic Ocean, according to court documents. This is the way business is done in accordance with International Law.
The Nation of Spain believes that the wreck is in Spanish Waters, not in international waters as Odyssey claims, simply because Odyssey was also operating in Spanish waters also, and Spain has filed a claim in the same US Federal court that Odyssey did to arrest the wreck.
With that being said, I don't blame Spain one bit for filing this claim. If the Black Swan turns out to be a Spanish Military vessel in International waters, they are entitled to everything that International law says they are entitled to. On the other hand, if Odyssey raped a wreck in Spanish waters, then bad on Odyssey, and they should turn everthing over to Spain.
Should the wreck turn out to be anything but a Spanish Military ship located in International waters, Odyssey is entitled to everything in accordance International law.

Tom

 

[Amona]

Tom
Unfortunately I don't pay attention to your thread, honestly, I don't like it, I just select some thread or guys to respond them thread.

I'm sorry
Amona

 

[wreckdiver1715]

Tom
Unfortunately I don't pay attention to your thread, honestly, I don't like it, I just select some thread or guys to respond them thread.

I'm sorry
Amona

If that is the case...

Why are we having this discussion?

Tom

 

[spez401]

Thanks Tom, you beat me to it

SWR... you're right, some of the members of OMEX do have a history. I did leave that out on purpose because they were exonerated during the court process. As for whether the plea was breached or not, my understanding is that it was not breached. If it had been, the SEC's attorneys would have brought charges and "violated" Morris, Stemm and Seahawk. Since that was never done, I would argue that there was no breach, but not having read the documents (or followed that story closely), I don't know.

Steve,...give me a break!! it isn't how I want be done, it's pretty much how it should be for all.
They, Odyseey, never allowed that any spanish archaeologist get on boat to supervise the excavation works during the time they were working on Gibraltar waters. They never had in consideration that others parties in Spain had right over many shipwreck in those waters,they worked only thinking to find the treasure and take it to America, that's it, they didn't care,..do you know why? because many people here are like you, sub-estimate Spaniard, Latin people and everything that speak Spanish,...that's the true!! that it is a "F" issues existing for many century.

I will give my recommendation, OPEN VERY WELL YOUR EYES,THE TRUE NEVER,EVER WILL BE HIDDEN.

Amona

Actually... this is in fact how it is done. (SWR... here comes a little speculation, so I apologize in advance ) According to the information we have, Odyssey found a BRITISH ship, properly arrested the wreck in US Federal court, went to the closest BRITISH colony/protectorate, and validly exported the cargo to their corporate headquarters. Why would they need to allow a Spanish ANYTHING on board, or access to the wreck, or give them information? According to Maritime Law, unless it is a Spanish Warship, or in Spanish waters, Spain has no claim. Using your argument, when I put my addition on last year and dug up an arrowhead, I should then have informed the entire Pequot Indian tribe that I was doing excavation, and to allow them to hinder my progress, because they may have had a claim to this arrowhead? I don't think so.

Until it is shown, in court, that Spain has a claim to anything concerning this wreck, they DO NOT. If the factual basis of your argument were correct, you may have an argument, but your basic belief and tenent that this wreck is property of Spain is incorrect. I agree with Tom, and have said it before: if OMEX has mislead the court... they are in a lot of trouble, and any claim that they have will be dismissed.

Oh, and the mark of a flawed argument is resorting to threats of violence, foul language, and the race, religion, sex, and/or age card. Please don't insult my intelligence, or yourself, by making this a race issue. Latin/English speaking has nothing to do with this. You discredit yourself by making that statement

steve

<<<Added... i seem to have quoted myself... i think i fixed it

 

[jeff k]

gibfocus - 12th July 2007
(2007-07-12 18:10:00 )

Caruana joins in the Odyssey Saga arrest condemnations


Following the detention of the Ocean Alert in international waters today the Gibraltar Government has expressed its concerns over the incident.

In a statement issued this afternoon, after the British Government issued a simialr comment Number Six Convent Place said today, "The arrest by Spain of a Panamanian ship in international waters is a matter for the Panamanian Government. However the Gibraltar Government is concerned that international shipping using Gibraltar port should be interfered with in this way in international waters.

"The Gibraltar Government understands that under international law a vessel can only be arrested in international waters with the agreement of the vessel’s flag state. Assuming that the Panamanian authorities have not given their consent to the arrest of the Ocean Alert, her arrest by Spanish Authorities would appear to be an illegal act."

The comments by Number Six comes as somewhat of a surprise following indications by senior Gibraltar Government officials last night that they were content with the departure of the Ocean Alert and its planned boarding, which could see the end of the political spotlight placed on Gibraltar once again, and a resolution to the dispute.

The comments today by both the British Government and the Gibraltar Government, after what had seemed to be a pre-arranged boarding operation, has brought to the forefront issues relating to territorial waters which are amongst issues discussed in the Tripartite talks, and at an international levels as dispute over territorial water limits continue.

Today's action by the Spanish Guardia Civil has, however, in the view of some political observers reinforced Gibraltar's territorial claims with Spain having acted beyond the three mile limit, and therefore accepting in full view of the international public Gibraltar's territorial waters. Something which in the past Spain has dismissed and argued against. Claiming that Gibraltar has no territorial waters as it claims sovereignty over the Rock. Today's actions, however, seeing Spain officially recognise Gibraltar waters in what has become an international dispute highly publicised by the international media.

 

[spez401]

swr..
you're right, someone is going to be happy when this is all over.

personally, I hope it turns out as win for odyssey. maybe there's time for me to purchase some options on OMEX

steve

 

[Jeffro]

I sincerely hope it goes in Odyssey's favor as well, however the chips are stacked mighty heavily against them.

Much the same way as if any one of us dedicated years of research and tens of thousands in equipment to find a treasure somewhere in the US.

No matter where it was found, there would be some entity crawling out of the woodwork to claim it as theirs.

 

[jeff k]

gibfocus - 12th July 2007
(2007-07-12 20:00:00 )


Some seven hours after the detention of the Ocean Alert the Spanish authorities had only just decided to return passports and official documents to some members of the crew, and journalist onboard the Ocean Alert allowing then to leave.

At around 6pm this afternoon it was confirmed that the long wait at Algeciras was over for at least some after the surprising turn of events following the boarding of the Ocean Alert. As the vessel officials began to search the vessel all personnel onboard, including journalists and Odyssey Marine Exploration’s lawyer were ordered to hand over all their equipment, including computers, cameras and passports. For some seven hours the crew waited, “against their will” as one had indicated earlier in the afternoon to gibfocus, to know if they would be allowed to go.

It was not until just after 6pm that news emerged that some official documents such as passports had been handed back, allowing for those present to leave the area. However, with the court order still in place all equipment was confiscated until such time as it was deemed it was clear to allow the vessel to go.

The detention, which many did not wish to call an arrest but seemed to be looking from outside, was not something any of the political sides had bargained for. After news broke out that the vessel would be boarded today Gibraltar Government officials expressed an optimistic view that the vessel would only be boarded and then allowed to go.

However, the boarding of the vessel and the subsequent order to move to a Spanish port has led to condemnation from the US company, British officials and Gibraltar Government.

Political observers have suggested that Spain’s reaction today could be so that it does not lose face before the international world, with the replacement of the Minister for Culture viewed as a significant development which has seen events make a turn towards a diplomatic solution being found in which all sides save face.

 

[wreckdiver1715]

Steve, OMEX is trading at $6.18 per share this afternoon. I have pulled my profits + about 50%. Its a good time to get in. However, I think the best buying opportunity will come once all three of Odyssey's ships are out of Spanish waters, and the Sussex deal gets back on track. Of course that is just my opinion, but my cash account is full and my finger is near the BUY button.

 

[spez401]

These were the first four I found with google's news search

http://www.gibfocus.gi/details_headlines.php?id=1555

http://www.pr-inside.com/spanish-police-seize-odyssey-ship-on-r170837.htm

http://www.iol.co.za/index.php?set_id=1&click_id=588&art_id=nw20070712185019982C179457

http://www.iht.com/articles/ap/2007/07/12/europe/EU-GEN-Spain-Treasure-Ship.php

steve

 

[jeff k]

Odyssey Marine Exploration Provides Comment on Reports of Survey Vessel Inspection
Thursday July 12, 2:44 pm ET

TAMPA, Fla.--(BUSINESS WIRE)--Odyssey Marine Exploration, Inc.'s (NASDAQ:OMEX - News) survey vessel, the Ocean Alert, has been forced by the Spanish Guardia Civil to the port of Algeciras for inspection despite assurances yesterday from Spanish judicial authorities that the ship was only to be inspected at sea and would not be taken into a Spanish port. At this point, Odyssey is assuming that the action on the part of the Guardia Civil is a miscommunication between Spanish authorities.

Odyssey's Panama-flagged ship Ocean Alert was boarded by the Spanish Guardia Civil this morning approximately 3.5 miles south of Europa Point in Gibraltar, which is considered international waters pursuant to the Law of the Sea Convention. After boarding the ship, the Guardia Civil went to the ship's bridge and threatened the Captain of the ship with the use of force if he did not turn the ship around and take it to the Spanish port of Algeciras. The ship has now arrived in Algeciras, and an inspection of the vessel has commenced. An Odyssey representative has been informed that the inspection may take as long as two to three days, and it is anticipated that the vessel will be permitted to leave at the conclusion of the inspection.

The day before the planned departure, Odyssey legal representatives met with the Guardia Civil and the La Linea judge to inform them of the planned time of departure for the Ocean Alert from Gibraltar and to arrange a location for a consensual boarding and inspection at sea in international waters. Although Odyssey has never received a Spanish court order to inspect or seize Company vessels, it has been reported by the Spanish media that a judge in the Court of La Linea de la Concepcion (Cadiz) had issued such an order, apparently assuming that the "Black Swan" recovery was conducted illegally in Spanish territorial waters, which had been reported erroneously in the media. Odyssey has repeatedly stated that the "Black Swan" recovery was conducted in the Atlantic Ocean outside of any country's territorial waters or contiguous zone.

Odyssey recently provided a 109-page legal affidavit to authorities in the Spanish Federal government, the Junta de Andalucia, the United Kingdom, Gibraltar, and the United States detailing Odyssey's activities leading up to, and after, the announcement of the "Black Swan" discovery. This document (which covered nine years of communications and meetings between Odyssey, the Junta of Andalucia and the governments of the United States, the United Kingdom and Spain) was provided in order to address questions posed by the Spanish regarding Odyssey's activities and to reassure all concerned governments and officials that Odyssey has always acted legally and with full transparency in relation to the "Black Swan" project and in all other shipwreck exploration activities.

"We were pleased to provide this information to the interested government officials to help clear up any confusion that has been created by inaccurate media reports," stated Greg Stemm, Odyssey co-founder. "We always attempt to work with appropriate governments on shipwreck projects in which they may have an interest and look forward to addressing any issues of claims or legal jurisdiction related to the "Black Swan" in the proper venue, which is US Federal Court."

In addition to providing the detailed 109-page affidavit, Odyssey announced last week that it will provide additional information as requested by Spain to the U.S. Federal Court judge later this month. This additional information will contain archaeological reports and additional information on three deep-ocean sites located outside the territorial waters of any country on which Odyssey properly filed Warrants of Arrest in the U.S. Federal Court sitting in admiralty jurisdiction. These reports are expected to be filed on or before July 23, 2007 with the U.S. Federal Court, which has assumed jurisdiction over the sites.

About the "Black Swan"

In May 2007, Odyssey announced the discovery and recovery of more than 500,000 silver coins weighing more than 17 tons, hundreds of gold coins, worked gold and other artifacts from a site in the Atlantic Ocean code-named "Black Swan." Odyssey has not yet been able to positively identify the site and has not disclosed the location in order to protect artifacts which remain at the site.

The "Black Swan" recovery was conducted in conformity with Salvage Law and the Law of the Sea Convention, beyond the territorial waters or legal jurisdiction of any country. The work accomplished to date on this site has diligently followed archaeological protocols using advanced robotic technology. All recovered items have been legally imported into the United States and placed in a secure, undisclosed location where they are undergoing conservation and documentation.

The Kingdom of Spain has filed notices in three pending court cases in which Odyssey has filed Warrants of Arrest stating that the Spanish government does not intend to give up rights on any Spanish property which might be on the sites.

In Odyssey's press release of May 21, 2007 the Company anticipated such an action from possible claimants and addressed the issue as follows:

"If we are able to confirm that some other entity has a legitimate legal claim to this shipwreck when - and if - the identity is confirmed, we intend to provide legal notice to any and all potential claimants. Even if another entity is able to prove that it has an ownership interest in the shipwreck and/or cargo and that they had not legally abandoned the shipwreck, Odyssey would apply for a salvage award from the Admiralty Court.

In cases such as this, salvors are typically awarded up to 90% of the recovery. We do believe that most shipwrecks that we recover, including the "Black Swan", will likely result in claims by other parties. Many will be spurious claims, but we anticipate that there might be some legitimate ones as well. In the case of the "Black Swan", it is the opinion of our legal counsel that even if a claim is deemed to be legitimate by the courts, Odyssey should still receive title to a significant majority of the recovered goods."

 

[spez401]

Jeff,
do you have the link, or a copy of the affadavit... that was filed after I last checked on the court docs. I know you gave me some of the earlier links.

thanks

steve

 

[jeff k]

Steve... I don't believe they made the affidavit public. I checked the court docs yesterday, and there was nothing new there.

 

[spez401]

thanks jeff... i last checked on monday. If it contains any "sensitive" information, it is likely sealed

steve

 

[Amona]

More negative news for Mrs.or Mr."Odyseey" directly from Spain/Euro.

http://www.abc.es/hemeroteca/histor...nio-que-rigen-en-gibraltar_1634067371659.html

here said: "They're laying"

http://www.abc.es/hemeroteca/histor...tividad-en-aguas-españolas_1633963478762.html

Amona

 

[wreckdiver1715]

More negative news for Mrs.or Mr."Odyseey" directly from Spain/Euro.

here said: "They're laying"

Amona

Are they laying together, or with someone else?

 

[Amona]

Tom

I don't like to have 'word' with you but I will be polite, I will answer the same way you did with me, "if you pay attention to my link you will know". period

Have a good evening!!

Amona

 

[wreckdiver1715]

Lighten up Amona LOL, of course the Spanish press is going to take sides against Odyssey, and I will take your word for it since I don't read or speak Spanish.
Now Spain has gone and resorted to piracy on the high seas.

Tom