Cablegate: Blue Lantern Level 3: Pre-License End-Use Check

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DE RUEHC #2227 2741448
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P R 011428Z OCT 09
FM SECSTATE WASHDC
TO RUEHMD/AMEMBASSY MADRID PRIORITY 0000
INFO RUEAIIA/CIA WASHINGTON DC
RHMCSUU/FBI WASHINGTON DC 0000
RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
RUEPINS/HQ BICE INTEL WASHINGTON DC

UNCLAS STATE 102227

SIPDIS
MADRID FOR E. STROTHER MURRAY

E.O. 12958: N/A
TAGS: ETTC KOMC SP
SUBJECT: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK
ON APPLICATION 050191953

REF: 2006 BLUE LANTERN GUIDEBOOK

1. This is an Action Request. See paragraphs 2-4.

2. The Department's Office of Defense Trade Controls
Compliance (PM/DTCC) requests Embassy's assistance in
conducting a pre-license check on application 050191953 for
the export of night vision devices (NVDs) to Spain. Post is
requested to complete this Blue Lantern check within 30 days.
Lack of response to a Blue Lantern check will affect pending
and future licenses involving parties to this license.

3. Reason for request: sensitive commodity and potential for
diversion and misuse. Also, foreign consignee, Suministros
Peninsulares Importados S.L. (SPI) has not appeared on
previous licenses nor have the company's bona fides been
verified by a Blue Lantern check.

4. ACTION MADRID: Post is requested to make inquiries with
appropriate officials to determine if the Spanish Army
ordered the NVDs from SPI and if so, verify the exact amount
and dollar value, and that the items will be used for the
purpose stated on the license. PM/DTCC also requests that
post conducts a site visit to SPI in order to provide
Department with an assessment of its business operations and
on-site security. Finally, post is asked to assess whether
the company appears to be a reliable recipient of United
States Munitions List (USML) items. If a site visit is not
possible, please inform the PM/DTCC officer.

The following questions are provided as suggested guidance:

SPANISH ARMY

--Can the Spanish Army confirm the existence of a contract or
purchase order with SPI for the full quantity and dollar
value of these image intensifier tubes (IITs)?

--Can the Spanish Army confirm end-use of the IITs (to
replace intensifiers in existing AN/PVS-14s)?

SPI

--Does the company have an existing contract with the Spanish
Army for this proposed transaction? Please verify the
precise number of IITs sought by the Spanish Army.

--Does the company have secure facilities and proper
accounting and security procedures for handling sensitive
USML items?

--What is the exact end-use for this USML item? Will SPI
retain positive control over the IITs at all times prior to
their transfer to the Spanish Army?

--When was the company established and who are its
principals?

--What is the nature of its business -- what type of items
does it handle, does it serve as a broker?

--What type of organizations are among its typical customers
and where are the customers located?

--Does the company understand the restrictions on USML items,
especially the prohibition against unauthorized re-transfers
and re-exports?

--Does the company understand the restrictions on the
unauthorized stockpiling of USML items?
END ACTION

5. Details of the license application:

DTC Case: 050191953

QUANTITY/COMMODITY:

30 Image Intensifier Tubes, F9815 Type (MX11769), Gen III,
FOM 1600

License Value: USD 78,000.00

SELLER:

N-Vision Optics LLC
220 Reservoir Street Suite 26
Needdham, MA 02494
POC is Olga Rivkin, Tel. 708-505-8360 ext. 3101

FOREIGN CONSIGNEE:

Suministros Peninsulares Importados S.L.
c/Villaconejos 6F Nave 34 P.I Ventorro Del Cano
Alcoron (Madrid)
Spain
POC is General Manager, Antonio Rubio Rubio, Tel. 91 512 08
73

FOREIGN END-USER:

PSMASACOM
Carretera M40 37, 100
Madrid
Spain
POC is Sr. Colonel Jefe Del PCMASACOM, D. Jose Ruperez
Martinez, No Tel. provided

PURPOSE:

Image intensifiers will be used by the Spanish Army
(PCMASACOM) to replace intensifiers in existing AN/PVS-14s.

6. Submitted in support of the license application were the
following documents (PM/DTCC can fax documentation to post
upon request):

--DSP-83 Nontransfer and Use Certificate submitted by the
Spanish Army signed by Coronel Jefe D. Jose Ruperez Martinez
and by SPI General Manager, Antonio Rubio on 31 August 2009.

--Purchase Order No. 511 submitted by SPI on 2 September
2009, (illegible signature).

--End Use Statement submitted by PCMASACOM, signed by Sr.
Coronel Jefe Del PCMASACOM, D. Jose Ruperez Martinez and by
General Manager SPI, Antonio Rubio Rubio on 31 August 2009.

7. Please slug reply for PM/DTCC - BLUE LANTERN COORDINATOR
and include the words "Blue Lantern" and the case number in
the subject line. POC is Tim Mazzarelli, Phone:
202-663-3867; Email: MazzarelliTP@state.gov; SIPRNET:
MazzarelliTP@state.sgov.gov. The Blue Lantern Guidebook
(ref) is available as a PDF file in the Bunche Library's
E-Book Collection on the DOS Intranet:
http://buncheelectroniclibrary.state.gov/eboo ks/
BlueLanternGuidebook2006%20 final .pdf

8. Department is grateful for post's assistance in this
matter.
CLINTON

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