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Cablegate: Extrancheck: Post Shipment Verification: Victory Wave

VZCZCXYZ0000
RR RUEHWEB

DE RUEHHK #2321 3650013
ZNR UUUUU ZZH
R 300013Z DEC 08
FM AMCONSUL HONG KONG
TO RUCPDOC/USDOC WASHDC
INFO RUEHC/SECSTATE WASHDC 6538
RHMFIUU/HQ BICE WASHINGTON DC

UNCLAS HONG KONG 002321

USDOC FOR 532/OEA/LHINES/ADYSON
USDOC FOR 3132 FOR FCS/OIO REGIONAL DIRECTOR PATRICK SANTILLO
BICE FOR OFFICE OF STRATEGIC INVESTIGATIONS

SIPDIS

E.O. 12958: N/A
TAGS: BMGT BEXP HK ETRD ETTC
SUBJECT: EXTRANCHECK: POST SHIPMENT VERIFICATION: VICTORY WAVE
HOLDINGS LTD.

REF: A) USDOC 06826 B) HK 00001(2008) C)HK 00966 (2008) D) HK 02563
(2007) E) USDOC 02564 F) USDOC 02565s

1.Unauthorized disclosure of the information provided below is
prohibited by Section 12C of the Export Administration Act.

2. As per reftel A and B requests 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) attempted
to conduct a post shipment-verification (PSV) at Victory Wave
Holdings Ltd., Unit 2401A, Park-In Commercial Centre, 56 Dundas
Street, Hong Kong (Victory Wave). The items in question for this
check are 8-bit D/A converters transferred to Victory Wave by Arrow
Electronics on or about June 4, 2007 and July 12, 2007. All of these
items are classified under export control classification number
(ECCN) 3A001 and, if properly classified, would be controlled for
national security (NS) reasons. The company that sold the items to
Victory Wave was Arrow Asia, the Hong Kong branch office of Arrow
Electronics in the United States.

3. As further detailed in reftels B-D, Victory Wave was the subject
of a prior PSV and is implicated (directly or indirectly) in several
additional unfavorable PSVs. It is also related to several other
problematic companies in Hong Kong including Exodus Microelectronics
(the subject of reftels E and F), Echelon Microsystems Limited and
Centre Bright, among others. These companies are, in turn, related
or conduct business with a range of problematic mainland China
companies. Based on information received from an industry source,
ECO believes that the directors and shareholders of Exodus, Centre
Bright, Victory Wave and Echelon are all members of the same family
(parents and adult son). A review of the Hong Kong Companies
Registry reveals that the corporate information concerning Victory
Wave has not changed since the date of the Victory Wave PSV
referenced in reftel B.

4. FCS Commercial Assistant Carrie Chan attempted, on several
occasions, to set up a meeting with representatives of Victory Wave
at a range of contact numbers (including those provided by OEA). No
one answered at any of the applicable numbers. ECO subsequently
sent a registered letter to Victory Wave requesting a meeting. The
Hong Kong Post Office confirms that a representative of Victory Wave
signed for the letter at the Park-in Commercial Centre address;
however, ECO remains unable to schedule the PSV and has not heard
further from Victory Wave.

5. Based on the information noted above, ECO believes that Victory
Wave is a most unsuitable recipient of U.S. origin controlled
technology. Further, ECO recommends that Victory Wave be added to
the BIS Unverified List and/or Entities List.

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