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TO RUEHBU/AMEMBASSY BUENOS AIRES 0000
INFO RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RHMCSUU/FBI WASHINGTON DC 0000
RUETIAA/DIRNSA FT GEORGE G MEADE MD
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UNCLAS STATE 092825
SIPDIS
BUENES AIRES FOR BRIAN JENSEN
E.O. 12958: N/A
TAGS: ETTC KOMC AR
SUBJECT: BLUE LANTERN: VERIFYING BONA FIDES OF REGISTERED
BROKER RENATA LUIS BUCELLO - CASE NO. K-2596
REF: A. SECTION 38(B)(1)(A)(II) OF THE ARMS
B. EXPORT CONTROL ACT (AECA)(22 U.S.C. 2778)
1. This is an Action Request. See paragraphs 3-4.
2. U.S. embassies have frequently inquired about
the legitimacy of arms export transactions involving
U.S. contractors and host-country partners in support
of U.S. efforts in Iraq and Afghanistan, or other U.S.
government programs. The Department's Office of
Defense Trade Controls Compliance (PM/DTCC) wishes
to inform Post that U.S. or foreign persons who are
involved in brokering U.S. defense articles or
services, or any defense articles or services pursuant
to U.S. procurement contracts for Iraq and Afghanistan
or other destinations under USG auspices, must be
registered with PM/DTCC and obtain Department's
approval for their brokering activities.
3. ACTION: PM/DTCC requests Post's assistance in
conducting an inquiry into the brokering activities
of the U.S. registered broker listed below to
substantiate its bona fides. Department requests that
Post conduct a site visit to the company in order to
assess its business operations, on-site security,
and reliability as a broker/recipient of United States
Munitions List (USML) items. If a site visit is not
possible, please inform the PM/DTCC case officer.
Post is requested to complete this inquiry within
60 days:
RENATA LUIS BUCCELLO, MANAGER PARTNER
BUCCELLO Y ASOCIADOS, SRL
EDUARDO COSTA 2024, MARTINEZ
PROVINCIA BUENOS AIRES 1640
ARGENTINA
TEL: 541147332022
FAX: 541147938268
4. The following points are provided for
guidance:
-- Confirm that this entity is in the business of
brokering defense articles and defense services
at the location(s) indicated under its legal name(s);
-- Determine whether this entity is authorized to
conduct such activities in its home country,
whether the entity has any criminal or other
derogatory background, and whether Post has
any information on its brokering or arms export
activities that may involve proscribed entities
such as countries under U.S. or international
sanctions, or designated state sponsors of
terrorism;
-- Will the brokering firm be handling or storing
USML items on behalf of its clients? If so, does
it have secure facilities and proper accounting
and security procedures for handling sensitive
USML items?
-- When was the company established and who are
its principals? How many employees?
-- What is the nature of its business and what
other types of items does it handle?
-- What types of organizations are among its
typical clients and in what countries are
they located?
-- Does the company understand the restrictions on
USML items, especially the prohibition against
unauthorized re-transfers and re-exports?
END ACTION.
---------------------------------------------
BACKGROUND ON BROKERING
REGISTRATION AND AUTHORIZATION
---------------------------------------------
5. PM/DTCC provides the following background
information on the requirements for registration
and obtaining prior approvals for brokering
activities:
The requirements for Registration and Obtaining Prior
Approvals for Brokering Activities are based in the
Arms Export Control Act (AECA). The Brokering
Requirements are administered by PM/DTCC.
Section 38(b)(1)(A)(II) of the AECA requires
registration for any person "who engages in the
business of brokering activities with respect
to the manufacture, export, import, or transfer
of any defense article or defense service".
According to the International Traffic in Arms
Regulations (ITAR) Section 129.2(a), a broker
is defined as:
"any agent for others in negotiating or arranging
contracts, purchases, sales or transfers of
defense articles or defense services in return
for a fee, commission, or other consideration."
Additionally, ITAR Section 129.2(b) states that
"brokering activities means acting as a broker
as defined (above), and includes financing,
transportation, freight forwarding, or taking of
any other action that facilitates the manufacture,
export or import of a defense articles or defense
service, irrespective of its origin."
Authorization is typically required for brokering
activity. However, some activities are exempt from
these requirements depending on the commodity, the
countries involved, and the existence of previous
authorization. Any questions about specific cases
may be directed to this office to the attention of
Deborah Carroll, Chief, Compliance & Registration.
Phone: 202-663-2809; SIPRNET:
carrolld@state.sgov.gov.
End background on brokering registration
and authorization.
6. Please slug reply for PM/DTCC and include the
words "Blue Lantern Broker Inquiry" and the case
number in the Subject line. POC is
Rachael-Therese S. Joubert-Lin, Phone:
202-663-2950; Email: JoubertLinRS@state.gov;
SIPRNET:JoubertLinRS@state.sgov.gov.
The Blue Lantern Guidebook is available as a PDF
file at http://www.intelink.sgov.gov/wiki/Blue
Lantern End-Use Monitoring Program.
7. Department is grateful for Post's assistance in this
matter.
CLINTON