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Cablegate: Australia Group - Delivery of U.S. Response to Two

VZCZCXYZ0015
PP RUEHWEB

DE RUEHRL #1771 2621307
ZNR UUUUU ZZH
P 191307Z SEP 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 9315
INFO RUEHBY/AMEMBASSY CANBERRA PRIORITY 0678

UNCLAS BERLIN 001771

SIPDIS

SENSITIVE

SIPDIS
STATE FOR ISN AND EUR

E.O. 12958: N/A
TAGS: PARM PREL ETTC CBW GM
SUBJECT: AUSTRALIA GROUP - DELIVERY OF U.S. RESPONSE TO TWO
GERMAN ITT PROPOSALS

REF: STATE 127222

1. (U) This is an action request. Post requests Department
guidance to respond to German questions posed in paras 2 and
3.

2. (SBU) Global Affairs officer delivered reftel demarche and
accompanying track-changes document September 19 to MFA
Deputy Office Director for Export Controls on
Non-Conventional Dual Use Goods Markus Klinger. Regarding
the U.S. response to the German proposal (AG/Jun07/CL/D/3) to
amend the Australia Group (AG) Control List of Dual-Use
Biological Equipment and Related Technology and the List of
Dual-Use Chemical Manufacturing Facilities and Equipment and
Related Technologies, Klinger asked whether the USG would
formally object if the proposal were taken to a vote. If so,
Klinger said, further discussion is needed. Otherwise,
Klinger said, Germany would use a silence procedure to move
the proposal forward.

3. (SBU) Klinger said the German interagency working group
would review U.S. edits to the German proposal
(AG/May07/ExC/D/29) to establish a best practices annex on
the implementation of controls related to transfers of
intangible technology and pass along any concerns or
clarifying questions. He asked whether the U.S. position on
characterizing the best practices document as an informal,
non-binding reference document is related to any special
issues covered in the document that would affect U.S.
national security, or whether the U.S. position is simply
intended to preserve flexibility in the application of AG
guidelines. Noting U.S. suggested edits on "deemed" exports
in Section I, Klinger said another AG partner indicated it
would object to the inclusion of a "deemed" export
formulation. Klinger said further discussion would likely be
needed on the matter.
TIMKEN JR

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