San Diego: America's Cup challenger BMW Oracle Racing said on Monday that defending champion Alinghi of Switzerland is willing to meet to discuss the American syndicate's claim that the Swiss are planning to use illegal sails when the bitter rivals face off in February in Valencia.

Coming to an agreement on the latest contentious issue could be difficult. BMW Oracle Racing said last week the Swiss have been using sails built at North Sails in Minden, Nevada while testing their giant catamaran, Alinghi 5.

The Americans say that's a violation of the constructed-in-country (CIC) clause in the 19th century Deed of Gift, which requires the yachts to be built in the country of the yacht club they represent. Last week, they told the Swiss yacht club Societe Nautique de Geneve (SNG) that the CIC clause means the hull, appendages, mast and sails.

In a letter to San Francisco's Golden Gate Yacht Club, which backs BMW Oracle Racing, SNG vice-commodore Fred Meyer responded the Deed of Gift only requires the "yacht or vessel" be constructed in the respective country and does not expressly impose obligations in respect of any of the separate components onboard the yacht or vessel.

"We remain willing to meet and discuss to resolve any concerns you may have, although until there is certainty as to what "yacht or vessel" SNG will declare for the Match the issue would appear to be theoretical and moot until then."

Tom Ehman, a spokesman for BMW Oracle Racing and GGYC, disagreed.

"You don't have a yacht without sails. It's propelled by sails only. It's one of the key pieces of gear."

Ehman said the sails issue is the most obvious of a handful of violations of the CIC clause. He also said Alinghi made a major modification to Alinghi 5 in Ras Al Khaimah. The Swiss hoped to stage the America's Cup in RAK but a New York court said the port didn't meet the requirements of the Deed of Gift.