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Cablegate: Trial On Alleged Illegal Exports of Military Goods to Iraq

VZCZCXRO9794
RR RUEHAG RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK RUEHLZ
DE RUEHDF #0004 0111235
ZNR UUUUU ZZH
R 111235Z JAN 08
FM AMCONSUL DUSSELDORF
TO RUEHC/SECSTATE WASHDC 0109
INFO RUCNRAQ/IRAQ COLLECTIVE
RUCNFRG/FRG COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHDF/AMCONSUL DUSSELDORF 0125

UNCLAS DUSSELDORF 000004

SIPDIS

SIPDIS

STATE FOR ISN, PM, EUR, AND NEA

E.O. 12958: N/A
TAGS: ETTC KNNP PARM KJUS KISL PTER KPAO KVPR IZ GM
SUBJECT: TRIAL ON ALLEGED ILLEGAL EXPORTS OF MILITARY GOODS TO IRAQ

REF: A. 06 DUESSELDORF 46
B. 06 DUESSELDORF 48

Sensitive but Unclassified -- Not for Internet Distribution

1. (U) An Iraqi-born businessman from Essen, Aso Salih Koyie
(47), has been charged with violating an EU arms embargo against
Iraq through the 2004 delivery of 78 power generating sets
formerly used by the German Army. The trial, which opened
before the Essen Regional Court on January 3, continued on
January 10 with the questioning of German customs and export
control officials, who testified that even if the goods had been
"demilitarized" (i.e. stripped of certain components before they
were exported), they were still subject to export restrictions
under Germany's War Weapons Control Act.

2. (SBU) The defendant claimed that the sets were intended for
civilian use only, although this still required a certain amount
of redesign, which had not yet been done. He also alleged that
the U.S. Army in Iraq had rated the goods (which were
transported to Iraq by truck via Turkey) as "unproblematic."
Further court hearings in this case are scheduled for January
25. The presiding judge told us he is confident that he and his
colleagues (another full-time judge and two lay judges) will be
able to reach a verdict on the same day.

3. (U) This trial is the third illegal export case that has
been brought before a court in North Rhine-Westphalia within the
last year. In December 2006, a Duesseldorf court found an
Iranian and a British national guilty of having exported
sensitive technology to Iran illegally (reftels). In October
2007, the same court acquitted three defendants who had been
charged with having planned the delivery of used Czech fighter
planes to Iran for lack of sufficient evidence. According to
media reports, Duesseldorf prosecutors plan to appeal the
acquittal.

4. (U) This message was coordinated with Embassy Berlin.

BOYSE

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