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Cablegate: Blue Lantern Level 3: Post-Shipment End-Use Check

VZCZCXYZ0016
RR RUEHWEB

DE RUEHC #1096 2101807
ZNR UUUUU ZZH
R 281802Z JUL 08
FM SECSTATE WASHDC
TO RUEHBO/AMEMBASSY BOGOTA 0000
INFO RHMCSUU/FBI WASHINGTON DC 0000
RUEAIIA/CIA WASHINGTON DC 0000
RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
RUEPINS/HQ BICE INTEL WASHINGTON DC

UNCLAS STATE 081096

SIPDIS
BOGOTA FOR ARI NATHAN

E.O. 12958: N/A
TAGS: ETTC KOMCCO CO
SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK
ON LICENSE 050038152

REF: 2006 BLUE LANTERN GUIDEBOOK

1. This is an Action Request. See paragraphs 2-4.

2. The Department's Office of Defense Trade Controls
Compliance (PM/DTCC) requests post's assistance in
conducting a post-shipment check on license 050038152 for the
export of night vision devices (NVDs) to
Colombia. Post is requested to complete this Blue Lantern
check within 45 days. Lack of response to a Blue Lantern
check will affect pending and future licenses involving
parties to this license.

3. Reason for request: Due to the sensitivity of the
equipment and the potential for their diversion or misuse,
the Department of State and the Department of Defense have
policies of carefully scrutinizing NVD export licenses and
taking steps to ensure proper end-use. Provisos attached
to these licenses obligate the end-user to secure the NVDs
from loss, theft, or unauthorized access, and to perform
routine inventory checks by serial number. These records
are to be made available for review upon US Government
request. Post is requested to make appropriate inquiries
to confirm continued possession by the Colombian Ministry of
Defense of the NVDs, to determine the serial numbers of the
NVDs, and to verify that all NVDs are secure and being used
only for the purpose stated on the license. Department
requests that post conduct a site visit, if possible, in
order to gather and verify this information. If a site visit
is not possible, please obtain official written confirmation
of receipt and possession and inform PM/DTCC case officer.

4. For background, the following details of the license in
question are provided:

DTC Case: 050038152

QUANTITY/COMMODITY:

174 AN/PVS 14 Night Vision Monoculars, Gen III with standard
accessories, FOM not to exceed 1250

License Value: USD 692,520.00

COMMENT: According to U.S. Customs data, these NVDs were
exported to Colombia on the following dates:
57 units ($233,643.00) on 28 August 2007
117 units ($465,660.00) on 20 November 2007
END COMMENT

SELLER:

Nightline, Inc.
10705 SW 104 St
Miami, FL 33176
Company contact: Cris Bartolomeo, tel.: 423-727-5900

FOREIGN CONSIGNEE:

Ministerio de Defensa Nacional
Fonddelibertad Batallon de Abastecimiento Deposito Habilitado
Calle 103 Carrera 11B
Bogota
Colombia

FOREIGN END-USER:

Ministerio de Defensa Nacional
Fonddelibertad Batallon de Abastecimiento Deposito Habilitado
Calle 103 Carrera 11B
Bogota
Colombia

PURPOSE:

Will be used by Fondelibertad for counter narcotics
operations, antiterrorist and kidnapping prevention
operations

5. Submitted in support of the license application were
the following documents (PM/DTCC can fax documentation to
post upon request):

--Contract (Contrato de Compraventa) No. 108/06 RO-MDN-FONDEL
between the Colombian MOD and Nightline, Inc., signed by Juan
Manuel Santos C., Ministro de Defensa Nacional, and by Carlos
Fidel Fajardo Castillo, Representante legal IMDICOL Ltda,
Apoderado de Nightline, Inc., signed 21 November 2006

--End User Certification Form from the Colombian Ministry of
Defense, contract/purchase order 108/06 RO-MDN-FONDELIBERTAD,
signed by Ricardo Cadena Ronderos, Director, Fondelidertad,
undated

--Nontransfer and Use Certificate (Form DSP-83), signed by
Ricardo Cadena Ronderos, Director, Fondelidertad, dated 6
March 2007

--Technical specifications

6. Please slug reply for PM/DTCC - BLUE LANTERN COORDINATOR
and include the words "Blue Lantern" and the case number in
the subject line. PM/DTCC can fax documentation to post upon
request. POC is Tim Mazzarelli, Phone: 202-663-3867; Email:
MazzarelliTP@state.gov; SIPRNET: MazzarelliTP@state.sgov.gov.
The Blue Lantern Guidebook (ref) is available as a PDF file
in the Bunche Library's E-Book Collection on the DOS
Intranet: http://buncheelectroniclibrary.state.gov/eboo ks/
BlueLanternGuidebook2006%20 final .pdf

7. Department is grateful for post's assistance in this
matter.
RICE

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