Black Swan Project
Encyclopedia
The Black Swan Project is the project name given by Odyssey Marine Exploration
for its discovery and recovery of an estimated $
500 million (£314 million) worth of silver and gold coin
s, from a shipwreck, rumored to be the Merchant Royal
, which sank about 40 miles (64.4 km) off the coast of Gibraltar
in 1641. The Odyssey team believes wreck might be the Nuestra Señora de las Mercedes
, which sank off Portugal in 1804, but remains uncertain as to the true identity.
The publicly-traded stock company is based in Tampa, Florida, and has not officially revealed the name of the shipwreck
. The company has not released its location, but stressed it is in international waters in the North Atlantic and that it has, subsequently, been questioned by the government of Spain.
The value of the recovered coins is unconfirmed, but based on a preliminary valuation of an average potential sales price of $1,000 per coin, the recovered treasure trove could be worth $500 million. That numismatic value is based on the excellent condition of the coins and their relative scarcity, not on their base value as silver or gold bullion. However, different experts have offered very different valuations and the introduction of so many coins into the market could depress their value with coin collectors.
Knowledge of the recovery became public on May 18, 2007 when the company flew 17 tons of coins, mostly silver
, from Gibraltar
to a secure location of unknown address in Florida
, USA. The company has not yet released the type, date or nationality of the coins. Odyssey says that it plans to return to the site to perform an excavation expected to uncover more coins as well as other artifacts.
for permission to salvage, which was located off the southwest coast of the United Kingdom
, within a five-mile (8 km) radius of 49°25′N 6°0′W.
There was speculation that it may be the wreck of the English merchant ship Merchant Royal
, which sank on 23 September 1641 whilst returning to London. The ship sank in heavy weather when its pumps failed to keep up with the water leaking through the hull planks. Over half the crew, including the captain, John Limbrey, were able to abandon ship and were rescued by a sister-ship, Dover Merchant, which was accompanying Merchant Royal from Cadiz to London. The survivors provided a detailed description of the lost cargo — described in 1641 as "300,000 Pounds in silver, 100,000 Pounds in gold, and as much again in jewel" — as well as a general location near the Isles of Scilly
, about "21 leagues
" (about 35 to 40 miles) from Lands End.
In 2005, the co-founder of Odyssey Marine, Greg Stemm, admitted to British shipwreck expert, Richard Larn
, that his firm was searching for the Merchant Royal. Odyssey Marine's sonar search ships trolled the area extensively in 2005 and 2006, frequently calling in Falmouth
for crew rest.
The Odyssey crew continued to search for the Merchant Royal on the Discovery Channel
2009 television show Treasure Quest
(filmed in 2008). This leads to the notion that the team does not suspect the Black Swan is the Merchant Royal.
Pictures of the coins released by Odyssey have had their markings obscured to prevent identification. However, from examining the edges of the coins it appears that they come from the middle of the 18th century — too late to be from the Merchant Royal.
. The finds have been shipped in a chartered jet to an undisclosed location in the United States, where they are being examined. Odyssey has said they expect the wreck to become one of the "most publicised in history". The entire operation is thought to have taken years and cost millions. Odyssey Marine's co-founder admitted, in 2005, that his "for profit" company was interested in searching for the fabled wreck of the "Merchant Royal", and the company's sonar search ships were known to be trolling in the Isles of Scilly area in 2005 and 2006.
In June 2007, the Spanish government took legal action against the salvage company based on suspicion that the silver and gold coin recovered by Odyssey Marine come from a Spanish vessel, the Nuestra Señora de las Mercedes
, a 36-gun Spanish frigate
that went down off the Portuguese
coast en route from Montevideo to Cádiz
. The Mercedes, which was sunk by British Navy ships in October 1804, was known to be carrying more than a million silver dollars.
In January 2008, a US Federal Court in Tampa ordered Odyssey Marine to disclose details of the wreck site to the Spanish government and for both to return to court in March. During those proceedings, Odyssey Marine stated that its Black Swan treasure was recovered in the Atlantic approximately 180 miles (289.7 km) west of Portugal. That location would rule out the Merchant Royal (which sank much further north in the Atlantic), and the Mercedes (which sank approximately 30 nautical miles (55.6 km) off the Portuguese coast), and HMS Sussex (which sank inside the Strait of Gibraltar.) The recovered bullion, being predominately silver coins, with some gold coins and copper ingots, strongly suggests it came from a colonial-era Spanish ship that sank while transporting newly minted silver from South America to Spain.
If the wreck is the Nuestra Senora de las Mercedes, Spain could claim the entire ownership of the wreck. However, as some of the recovered coins were minted in Lima
, the Peruvian government also laid claim to the treasure. In 2008, Jose Jimenez, a senior official with the Spanish Ministry of Culture stated that Spain would be willing to share the treasure 'out of a sense of a common cultural heritage'. By 2009, the Peruvian claim was dismissed as Peru was deemed to have been a Spanish territory at the time of the coins being minted.
Spain has said it will exercise all of its jurisdictional rights in the hypothetical event that the find is part of Spain's heritage. The Spanish Government
is believed to be investigating whether a crime has been committed by, or as part of the project and is concerned that the coins might not come from the Merchant Royal at all, but from HMS Sussex
, which lies off Gibraltar in international waters, within 12 miles (19.3 km) of Gibraltar, and contrary to international norms claimed by Spain. Both of these claims are denied by Odyssey Marine Exploration in its latest press release. The coins recovered in the Atlantic as of 18 May positively can not come from HMS Sussex, which is known to have sunk in what were Spanish waters at the time, inside the Strait of Gibraltar. The exploration agreement reached in January 2007 between Odyssey Marine and the regional government requires that official observers, approved by Andalucia, be present when the Odyssey Explorer resumes exploration of the wreck site thought to be the English warship Sussex.
On July 12, 2007, the vessel Ocean Alert belonging to Odyssey Marine was seized off Europa Point
(Gibraltar
) by the Spanish Civil Guard and sent to Algeciras
to be searched. The seizure occurred at around 07:00 GMT soon after the ship left Gibraltar. Both Odyssey Marine and Gibraltar officials state the ship was in International Waters
thereby rendering the seizure illegal. The guard was investigating a possible "offence against Spanish historic heritage", it said in a statement. Odyssey said the boarding was illegal and said the Civil Guard threatened to use force if Ocean Alerts captain did not follow orders. It said Spain had earlier promised the ship would be searched at sea.
Seven hours after the detention of the Ocean Alert, the Spanish authorities decided to return passports and official documents to some members of the crew, and allowing some to leave. The survey vessel was cleared for departure by the Spanish Civil Guard on July 14, 2007.
On July 26, 2007 Odyssey Marine Exploration was granted two of the three motions
for an Extension of Time to file its responses to the Spain's Motions for More Definite Statements in the three admiralty arrests which Odyssey currently has pending at the U.S. District Court that has assumed jurisdiction over the sites.
On October 16, 2007, Spain again seized another vessel, Odyssey Explorer owned by Odyssey Marine Exploration as it sailed out of port from the British overseas territory of Gibraltar. The Odyssey Explorer captain, Sterling Vorus, claimed to have been in International Waters, but was forced to dock at Algeciras under what Vorus declared was "threat of deadly force." Once in port, Vorus was eventually arrested for disobedience after refusing inspection of the vessel without first receiving approval of Odyssey Explorers flag state, the Commonwealth of the Bahamas. Vorus was released the following day. Aboard the Odyssey Explorer at the time of seizure, were about a dozen journalists and photographers, all of which had their video tapes, tape recorders, and computer memory storage devices seized by Spanish officials.
On June 4, 2009, after a judge in Florida declared that he "lacked jurisdiction", he ruled in favor of Spain's claim of sovereign immunity despite what many considered a distinct lack of evidence as to the identity of the wreck. Odyssey Marine stated it plans to appeal the ruling.
On December 22, 2009, a U.S. district judge ruled that Odyssey Marine Exploration should return to Spain the treasure, until the company's appeal is cleared. "The ineffable truth of this case is that the Mercedes is a naval vessel of Spain and that the wreck of this naval vessel, the vessel's cargo, and any human remains are the natural and legal patrimony of Spain," said the judge in his order.
In January 2011, it was revealed through Wikileaks memos that the US State Department had been involved with negotiations to assist the Spanish government in receiving the treasure, in exchange for the return of allegedly stolen artwork to a US private citizen.
In September 2011, The 11th Circuit Circuit Court of Appeals ruled that Odyssey Marine Exploration must return the 17 tons of silver coins and other treasures recovered from the "Nuestra Senora de las Mercedes" to the spanish government. http://www.forbes.com/feeds/ap/2011/09/22/business-business-and-professional-services-us-shipwreck-treasure_8694337.html
that it does not recognise Gibraltar waters except within the port of Gibraltar and that all waters up to 12 miles (19.3 km) from its coastline it claims, are considered Spanish waters.
, Institute of Field Archaeologists
and Rescue
as "ransacking" of shipwrecks by private firms pretending to do archaeological research. An early day motion
was signed by over 60 British MPs condemning the salvage of HMS Sussex
as treasure hunting.
Spain has ratified the UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage and has expressed its strong will to protect ancient shipwrecks as cultural heritage, which should not be bartered or sold, but find their way in museums.
While the UNESCO Convention does not regulate the ownership of ancient shipwrecks, its States Parties pledge to protect them as cultural heritage of humanity, which should be shared and valued.
Odyssey Marine Exploration
Odyssey Marine Exploration, Inc. is an American company engaged in the salvage of deep-water shipwrecks. Odyssey salvaged the US Civil War era shipwreck of the SS Republic in 2003 and recovered over 50,000 coins and 14,000 artifacts from the site nearly 1,700 feet deep...
for its discovery and recovery of an estimated $
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
500 million (£314 million) worth of silver and gold coin
Coin
A coin is a piece of hard material that is standardized in weight, is produced in large quantities in order to facilitate trade, and primarily can be used as a legal tender token for commerce in the designated country, region, or territory....
s, from a shipwreck, rumored to be the Merchant Royal
Merchant Royal
The Merchant Royal also known as Royal Merchant, was a 17th century English merchant ship lost at sea off Land's End, Cornwall in rough weather on 23 September 1641....
, which sank about 40 miles (64.4 km) off the coast of Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
in 1641. The Odyssey team believes wreck might be the Nuestra Señora de las Mercedes
Nuestra Señora de las Mercedes
The Nuestra Señora de las Mercedes was a Spanish frigate which was sunk by the British off the south coast of Portugal on 5 October 1804 during the Battle of Cape Santa Maria....
, which sank off Portugal in 1804, but remains uncertain as to the true identity.
The publicly-traded stock company is based in Tampa, Florida, and has not officially revealed the name of the shipwreck
Shipwreck
A shipwreck is what remains of a ship that has wrecked, either sunk or beached. Whatever the cause, a sunken ship or a wrecked ship is a physical example of the event: this explains why the two concepts are often overlapping in English....
. The company has not released its location, but stressed it is in international waters in the North Atlantic and that it has, subsequently, been questioned by the government of Spain.
The value of the recovered coins is unconfirmed, but based on a preliminary valuation of an average potential sales price of $1,000 per coin, the recovered treasure trove could be worth $500 million. That numismatic value is based on the excellent condition of the coins and their relative scarcity, not on their base value as silver or gold bullion. However, different experts have offered very different valuations and the introduction of so many coins into the market could depress their value with coin collectors.
Knowledge of the recovery became public on May 18, 2007 when the company flew 17 tons of coins, mostly silver
Silver
Silver is a metallic chemical element with the chemical symbol Ag and atomic number 47. A soft, white, lustrous transition metal, it has the highest electrical conductivity of any element and the highest thermal conductivity of any metal...
, from Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
to a secure location of unknown address in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, USA. The company has not yet released the type, date or nationality of the coins. Odyssey says that it plans to return to the site to perform an excavation expected to uncover more coins as well as other artifacts.
Ship identity
Odyssey Marine stated on 21 May 2007 that most of the recovered coins and treasure are believed to be from a particular shipwreck, but it is likely that artifacts from other wrecks have also been mixed in and recovered. Due to the location of the ship in an area known to contain a large number of colonial-era wrecks, the identity of the ship will not be disclosed pending further examination of the coins and artifacts. It is also thought the ship may be the same as a ship that Odyssey had petitioned a federal courtUnited States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
for permission to salvage, which was located off the southwest coast of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, within a five-mile (8 km) radius of 49°25′N 6°0′W.
There was speculation that it may be the wreck of the English merchant ship Merchant Royal
Merchant Royal
The Merchant Royal also known as Royal Merchant, was a 17th century English merchant ship lost at sea off Land's End, Cornwall in rough weather on 23 September 1641....
, which sank on 23 September 1641 whilst returning to London. The ship sank in heavy weather when its pumps failed to keep up with the water leaking through the hull planks. Over half the crew, including the captain, John Limbrey, were able to abandon ship and were rescued by a sister-ship, Dover Merchant, which was accompanying Merchant Royal from Cadiz to London. The survivors provided a detailed description of the lost cargo — described in 1641 as "300,000 Pounds in silver, 100,000 Pounds in gold, and as much again in jewel" — as well as a general location near the Isles of Scilly
Isles of Scilly
The Isles of Scilly form an archipelago off the southwestern tip of the Cornish peninsula of Great Britain. The islands have had a unitary authority council since 1890, and are separate from the Cornwall unitary authority, but some services are combined with Cornwall and the islands are still part...
, about "21 leagues
League (unit)
A league is a unit of length . It was long common in Europe and Latin America, but it is no longer an official unit in any nation. The league originally referred to the distance a person or a horse could walk in an hour...
" (about 35 to 40 miles) from Lands End.
In 2005, the co-founder of Odyssey Marine, Greg Stemm, admitted to British shipwreck expert, Richard Larn
Richard Larn
Richard James Vincent Larn, OBE is a retired Chief Petty Officer in the Royal Navy, a businessman and maritime history writer who is widely regarded as one of Britain's leading historic shipwreck experts.-Career at Sea:...
, that his firm was searching for the Merchant Royal. Odyssey Marine's sonar search ships trolled the area extensively in 2005 and 2006, frequently calling in Falmouth
Falmouth, Cornwall
Falmouth is a town, civil parish and port on the River Fal on the south coast of Cornwall, England, United Kingdom. It has a total resident population of 21,635.Falmouth is the terminus of the A39, which begins some 200 miles away in Bath, Somerset....
for crew rest.
The Odyssey crew continued to search for the Merchant Royal on the Discovery Channel
Discovery Channel
Discovery Channel is an American satellite and cable specialty channel , founded by John Hendricks and distributed by Discovery Communications. It is a publicly traded company run by CEO David Zaslav...
2009 television show Treasure Quest
Treasure Quest (TV series)
Treasure Quest is a one-hour weekly American documentary reality television series that premiered on January 15, 2009 on the Discovery Channel. The program follows the employees of Odyssey Marine Exploration...
(filmed in 2008). This leads to the notion that the team does not suspect the Black Swan is the Merchant Royal.
Pictures of the coins released by Odyssey have had their markings obscured to prevent identification. However, from examining the edges of the coins it appears that they come from the middle of the 18th century — too late to be from the Merchant Royal.
Investigating the findings
Rare coin expert Nick Bruyer, who examined a sample of 6,000 coins from the wreck, said of the discovery, "For this colonial era, I think (the find) is unprecedented... I don't know of anything equal or comparable to it." He also believes much or all of the coinage is uncirculatedUncirculated coin
The term uncirculated coin can refer to three things:* A coin that is released to the public but not intended for general circulation but is available through a mint or through a local coin dealer...
. The finds have been shipped in a chartered jet to an undisclosed location in the United States, where they are being examined. Odyssey has said they expect the wreck to become one of the "most publicised in history". The entire operation is thought to have taken years and cost millions. Odyssey Marine's co-founder admitted, in 2005, that his "for profit" company was interested in searching for the fabled wreck of the "Merchant Royal", and the company's sonar search ships were known to be trolling in the Isles of Scilly area in 2005 and 2006.
In June 2007, the Spanish government took legal action against the salvage company based on suspicion that the silver and gold coin recovered by Odyssey Marine come from a Spanish vessel, the Nuestra Señora de las Mercedes
Nuestra Señora de las Mercedes
The Nuestra Señora de las Mercedes was a Spanish frigate which was sunk by the British off the south coast of Portugal on 5 October 1804 during the Battle of Cape Santa Maria....
, a 36-gun Spanish frigate
Frigate
A frigate is any of several types of warship, the term having been used for ships of various sizes and roles over the last few centuries.In the 17th century, the term was used for any warship built for speed and maneuverability, the description often used being "frigate-built"...
that went down off the Portuguese
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
coast en route from Montevideo to Cádiz
Cádiz
Cadiz is a city and port in southwestern Spain. It is the capital of the homonymous province, one of eight which make up the autonomous community of Andalusia....
. The Mercedes, which was sunk by British Navy ships in October 1804, was known to be carrying more than a million silver dollars.
In January 2008, a US Federal Court in Tampa ordered Odyssey Marine to disclose details of the wreck site to the Spanish government and for both to return to court in March. During those proceedings, Odyssey Marine stated that its Black Swan treasure was recovered in the Atlantic approximately 180 miles (289.7 km) west of Portugal. That location would rule out the Merchant Royal (which sank much further north in the Atlantic), and the Mercedes (which sank approximately 30 nautical miles (55.6 km) off the Portuguese coast), and HMS Sussex (which sank inside the Strait of Gibraltar.) The recovered bullion, being predominately silver coins, with some gold coins and copper ingots, strongly suggests it came from a colonial-era Spanish ship that sank while transporting newly minted silver from South America to Spain.
Controversy
If the sunken ship is identified to be the Merchant Royal, then the British and Spanish governments both have potential claims to the treasure. However, salvage law in international waters, as recognized by some English speaking countries, could award 90% of recovered treasure to the salvage firm.If the wreck is the Nuestra Senora de las Mercedes, Spain could claim the entire ownership of the wreck. However, as some of the recovered coins were minted in Lima
Lima
Lima is the capital and the largest city of Peru. It is located in the valleys of the Chillón, Rímac and Lurín rivers, in the central part of the country, on a desert coast overlooking the Pacific Ocean. Together with the seaport of Callao, it forms a contiguous urban area known as the Lima...
, the Peruvian government also laid claim to the treasure. In 2008, Jose Jimenez, a senior official with the Spanish Ministry of Culture stated that Spain would be willing to share the treasure 'out of a sense of a common cultural heritage'. By 2009, the Peruvian claim was dismissed as Peru was deemed to have been a Spanish territory at the time of the coins being minted.
Spain has said it will exercise all of its jurisdictional rights in the hypothetical event that the find is part of Spain's heritage. The Spanish Government
Spanish Government
Spain is a constitutional monarchy whose government is defined by the Constitution of Spain. This was approved by a general referendum of the people of Spain in 1978...
is believed to be investigating whether a crime has been committed by, or as part of the project and is concerned that the coins might not come from the Merchant Royal at all, but from HMS Sussex
HMS Sussex (1693)
HMS Sussex was an 80-gun third-rate ship of the line of the English Royal Navy, lost in a severe storm on 1 March 1694 off Gibraltar. On board were possibly 10 tons of gold coins...
, which lies off Gibraltar in international waters, within 12 miles (19.3 km) of Gibraltar, and contrary to international norms claimed by Spain. Both of these claims are denied by Odyssey Marine Exploration in its latest press release. The coins recovered in the Atlantic as of 18 May positively can not come from HMS Sussex, which is known to have sunk in what were Spanish waters at the time, inside the Strait of Gibraltar. The exploration agreement reached in January 2007 between Odyssey Marine and the regional government requires that official observers, approved by Andalucia, be present when the Odyssey Explorer resumes exploration of the wreck site thought to be the English warship Sussex.
On July 12, 2007, the vessel Ocean Alert belonging to Odyssey Marine was seized off Europa Point
Europa Point
Europa Point, also called Great Europa Point, is the southernmost point of Gibraltar. At the end of Rock of Gibraltar, the area is flat and occupied by such features as a playing field and a few buildings...
(Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
) by the Spanish Civil Guard and sent to Algeciras
Algeciras
Algeciras is a port city in the south of Spain, and is the largest city on the Bay of Gibraltar . Port of Algeciras is one of the largest ports in Europe and in the world in three categories: container,...
to be searched. The seizure occurred at around 07:00 GMT soon after the ship left Gibraltar. Both Odyssey Marine and Gibraltar officials state the ship was in International Waters
International waters
The terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
thereby rendering the seizure illegal. The guard was investigating a possible "offence against Spanish historic heritage", it said in a statement. Odyssey said the boarding was illegal and said the Civil Guard threatened to use force if Ocean Alerts captain did not follow orders. It said Spain had earlier promised the ship would be searched at sea.
Seven hours after the detention of the Ocean Alert, the Spanish authorities decided to return passports and official documents to some members of the crew, and allowing some to leave. The survey vessel was cleared for departure by the Spanish Civil Guard on July 14, 2007.
On July 26, 2007 Odyssey Marine Exploration was granted two of the three motions
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
for an Extension of Time to file its responses to the Spain's Motions for More Definite Statements in the three admiralty arrests which Odyssey currently has pending at the U.S. District Court that has assumed jurisdiction over the sites.
On October 16, 2007, Spain again seized another vessel, Odyssey Explorer owned by Odyssey Marine Exploration as it sailed out of port from the British overseas territory of Gibraltar. The Odyssey Explorer captain, Sterling Vorus, claimed to have been in International Waters, but was forced to dock at Algeciras under what Vorus declared was "threat of deadly force." Once in port, Vorus was eventually arrested for disobedience after refusing inspection of the vessel without first receiving approval of Odyssey Explorers flag state, the Commonwealth of the Bahamas. Vorus was released the following day. Aboard the Odyssey Explorer at the time of seizure, were about a dozen journalists and photographers, all of which had their video tapes, tape recorders, and computer memory storage devices seized by Spanish officials.
On June 4, 2009, after a judge in Florida declared that he "lacked jurisdiction", he ruled in favor of Spain's claim of sovereign immunity despite what many considered a distinct lack of evidence as to the identity of the wreck. Odyssey Marine stated it plans to appeal the ruling.
On December 22, 2009, a U.S. district judge ruled that Odyssey Marine Exploration should return to Spain the treasure, until the company's appeal is cleared. "The ineffable truth of this case is that the Mercedes is a naval vessel of Spain and that the wreck of this naval vessel, the vessel's cargo, and any human remains are the natural and legal patrimony of Spain," said the judge in his order.
In January 2011, it was revealed through Wikileaks memos that the US State Department had been involved with negotiations to assist the Spanish government in receiving the treasure, in exchange for the return of allegedly stolen artwork to a US private citizen.
In September 2011, The 11th Circuit Circuit Court of Appeals ruled that Odyssey Marine Exploration must return the 17 tons of silver coins and other treasures recovered from the "Nuestra Senora de las Mercedes" to the spanish government. http://www.forbes.com/feeds/ap/2011/09/22/business-business-and-professional-services-us-shipwreck-treasure_8694337.html
Gibraltar's territorial waters
Whilst respecting Gibraltar's territorial waters during the incident, the Spanish Government stated that it considers it acted within its own territorial waters. The UK argued that the incident took place in international waters and was therefore illegal. However, Spain verbally stated its claim over the watersDisputed status of Gibraltar
Gibraltar is a British overseas territory, near the southernmost tip of the Iberian peninsula, which is the subject of a disputed irredentist claim by Spain....
that it does not recognise Gibraltar waters except within the port of Gibraltar and that all waters up to 12 miles (19.3 km) from its coastline it claims, are considered Spanish waters.
Criticism
The past activities of Odyssey Marine Exploration have been controversial and heavily criticised by organizations and charities such as UNESCO, the Council for British ArchaeologyCouncil for British Archaeology
Established in 1944, the is an educational charity working throughout the UK to involve people in archaeology and to promote the appreciation and care of the historic environment for the benefit of present and future generations...
, Institute of Field Archaeologists
Institute of Field Archaeologists
The Institute for Archaeologists is a professional organisation for archaeologists working in the United Kingdom. It was founded in 1982 to represent the profession and currently has over 2,500 members drawn from all areas of the archaeological community....
and Rescue
Rescue (British Archaeological Trust)
Rescue, the British Archaeological Trust is a charitable organisation in the United Kingdom, "committed to the protection, conservation, recording and interpretation of archaeological evidence"....
as "ransacking" of shipwrecks by private firms pretending to do archaeological research. An early day motion
Early day motion
An Early Day Motion , in the Westminster system, is a motion, expressed as a single sentence, tabled by Members of Parliament for debate "on an early day" . Controversial EDMs are not signed by Government Ministers, PPS or the Speaker of the House of Commons and very few are debated on the floor...
was signed by over 60 British MPs condemning the salvage of HMS Sussex
HMS Sussex (1693)
HMS Sussex was an 80-gun third-rate ship of the line of the English Royal Navy, lost in a severe storm on 1 March 1694 off Gibraltar. On board were possibly 10 tons of gold coins...
as treasure hunting.
Spain has ratified the UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage and has expressed its strong will to protect ancient shipwrecks as cultural heritage, which should not be bartered or sold, but find their way in museums.
While the UNESCO Convention does not regulate the ownership of ancient shipwrecks, its States Parties pledge to protect them as cultural heritage of humanity, which should be shared and valued.