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Cablegate: German Court Convicts Two in Illegal Exports Case to Iran

VZCZCXRO9619
RR RUEHAG RUEHLZ
DE RUEHDF #0048 3540815
ZNR UUUUU ZZH
R 200815Z DEC 06
FM AMCONSUL DUSSELDORF
TO RUEHC/SECSTATE WASHDC 0049
INFO RUCNFRG/FRG COLLECTIVE
RUEHDF/AMCONSUL DUSSELDORF 0061

UNCLAS DUSSELDORF 000048

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PARM MASS KOMC ETTC IR GM
SUBJECT: GERMAN COURT CONVICTS TWO IN ILLEGAL EXPORTS CASE TO IRAN

REF: DUSSELDORF 46

Sensitive but Unclassified - Contains Proprietary Information.
Not for Internet Distribution

1. (U) In a December 15 decision, the Duesseldorf Regional
Court convicted two defendants on charges of illegally exporting
sensitive technology to Iran. The first defendant, Ali
Mobaraki, an Iranian businessman resident in Duesseldorf, was
sentenced to two years and two months in prison. The second
defendant, James Geoffrey Bulmer, a British engineer resident in
Friesenheim, Baden-Wuerttemberg, received a suspended prison
sentence of two years with three years probation. [NOTE:
German courts routinely suspend prison sentences of two years or
less for all crimes. END NOTE.] The court found them guilty of
illegally exporting to Iran nine GPS navigation systems for use
in military drones on several occasions between 2005 and 2006,
without obtaining an export license under Section 34 of the
German Foreign Trade and Payments Act. The court stated that
such a license would have been denied because of the dual-use
nature of the navigation systems. Mobaraki can appeal the
verdict and would not have to start serving his prison sentence
until any appeal has been decided. Nevertheless, he remains in
custody pending resolution of an ongoing criminal investigation
against him in another case involving the illegal export of
weapons in violation of the War Weapons Control Act.

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2. (U) The defendants were only convicted as accomplices,
because the court concluded the driving force behind the illegal
exports was Abbas Mobaraki, Ali Mobaraki's father, who escaped
to Iran. The court found that the defendants had committed the
crimes "negligently, not intentionally." According to the
court, both defendants were cooperative during the trial, e.g.,
by giving up their initial claim of having been unaware of the
dual-use nature of the navigation systems. The court also
determined that the crime violated another provision of the
Foreign Trade and Payments Act, because it had "adversely
affected German foreign policy interests," due to the political
instability of the end user's region.

3. (SBU) Comment: Despite the court's finding of mitigating
circumstances, the sentences handed down were not much less than
the maximum punishment possible in such cases under the German
Foreign Trade and Payments Act--an indication the court
considered the violation a serious crime. Although the verdict
is not final and can be appealed on questions of law, meaning
that Mobaraki will not have to start serving his prison sentence
until the appeal has been decided, Mobaraki remains in custody
because of the ongoing investigation mentioned above. End
comment.

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

BOYSE

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