DE RUEHHK #2338 3570703
ZNR UUUUU ZZH
R 230703Z DEC 09 ZDK
FM AMCONSUL HONG KONG
TO RUCPDOC/USDOC WASHDC
INFO RUEHC/SECSTATE WASHDC 9243
RHMFIUU/HQ BICE WASHINGTON DC
UNCLAS HONG KONG 002338
USDOC FOR 532/OEA/ MCANNER
USDOC FOR 3132 FOR FCS/OIO REGIONAL DIRECTOR PATRICK SANTILLO
BICE FOR OFFICE OF STRATEGIC INVESTIGATIONS
E.O. 12958: N/A
TAGS: BMGT BEXP HK ETRD ETTC
SUBJECT: EXTRANCHECK: POST SHIPMENT VERIFICATION: PEACEFUL VISION
REF: A) BIS e-mail request dated December 3, 2009
1.Unauthorized disclosure of the information provided below is
prohibited by Section 12C of the Export Administration Act.
2. As per reftel A request and at the direction of the Office of
Enforcement Analysis (OEA) of the USDOC Bureau of Industry and
Security (BIS), Export Control Officer Philip Ankel (ECO) conducted
a post shipment verification (PSV) at Peaceful Vision, Ltd., Flat
13, 8/F, Block A, Hunghom Commercial Center, 39 Ma Tau Wai Road,
Hung Hom Hong Kong (Peaceful Vision). The items in question for this
PSV are various field programmable gate arrays exported to Peaceful
Vision on or about October 29, 2008. These items are likely
classified under Export Control Classification Number (ECCN)
3A001a7a and are controlled for national security (NS) reasons.
This ECCN is eligible for shipment to Hong Kong license free and
eligible for license exception CIV (civil end use) to mainland
China. The exporter is Nu Horizons International of Southaven,
3. According to the Hong Kong Companies Registry, Peaceful Vision
has been in existence since 1996. Its paid up share capital is the
Hong Kong equivalent of USD 250,000. The Hong Kong Companies
Registry lists Cen, Guan Hua and Lu, Jin Feng (both likely Mainland
nationals) as directors. These two individuals do not appear to be
directors in any other Hong Kong registered companies.
4. Web research reveals that Peaceful Vision is an electronics
reseller (www.peacefulv.com). The company website states that the
company has several offices in mainland China as well as a European
office in Zaventem, Belgium. In addition, the company website
provides that the company focuses on the military components
business around the world with an emphasis on aircraft, weapons,
ship and military industrial applications for domestic and
international customers. Based on additional web research, it
appears that Peaceful Vision is related to additional companies,
Heng Star International, Yiu Star International and Ying Ke
5. On December 17, 2009, ECO and FCS Commercial Assistant Carrie
Chan visited the company and met with Ms. Tong, salesperson. Ms.
Tong had no business card to provide to ECO. According to Ms. Tong,
Peaceful Vision is a trading company whose customers include other
trading companies in Hong Hong and China. The company has
affiliates in other cities in China, including Shenzhen (where this
transaction originated). Ms. Tong stated that the company acquires
components on behalf of customers based only on product numbers and
that she was not familiar with the end-users or end uses of these
items (or, for that matter, for most items Peaceful Vision
acquires). Ms. Tong stated that virtually all customers are located
in Hong Kong and China although some have, in the past, been located
in the Philippines, Singapore and the United States.
6. As to this particular order, Ms. Tong stated that she was
unaware of the end use of the items. She also stated that she did
not recall if Peaceful Vision had obtained the required Hong Kong
TID import license for these items (ECO does not believe such
license was obtained). When asked about products in the military
temperature range, Ms. Tong stated that reference to such products
was done for trade promotion purposes (suggesting, ECO supposes,
that the company does not actively deal in these products).
Information independently obtained by ECO shows that Peaceful Vision
acquired (in 2008), electronic components rated for operation in the
military temperature range.
7. Ms. Tong provided a purchase order and invoice for this order
listing the purchaser as Shenzhen Ke Ying. She stated that this
customer picked up the items at Peaceful Vision's Hong Kong offices.
Ms. Tong did not clarify (as ECO subsequently surmised) that the
customer is an affiliate of Peaceful Vision (the customer fax number
is the same as the fax number for Peaceful Vision in Shenzhen). Ms.
Tong stated that Peaceful Vision's Shenzhen office had generated the
Purchase Order directly to Nu Horizons. As a result, Ms. Tong was
unaware whether an end user statement had been provided to Nu
Horizons in respect of this shipment.
8. By separate e-mail, ECO relayed export control information
(including BIS and HKTID information) to Ms. Tong.
9. Based on the circumstances of the EUC, ECO cannot recommend that
Peaceful Vision be considered a reliable recipient of U.S. origin
controlled technology. ECO recommends that BIS reach out to the
exporter to determine what information it had on hand as to the end
use and end user prior to shipment to Peaceful Vision (in light of
Peaceful Vision's apparent focus on sales of military related ICs).