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Cablegate: Blue Lantern Level 3: Pre-License End-Use Check

VZCZCXYZ0011
RR RUEHWEB

DE RUEHC #3964 3581615
ZNR UUUUU ZZH
R 231608Z DEC 08
FM SECSTATE WASHDC
TO RUEHBR/AMEMBASSY BRASILIA 0000
RUEHKL/AMEMBASSY KUALA LUMPUR 0000
INFO RUEAIIA/CIA WASHINGTON DC 0000
RHMCSUU/FBI WASHINGTON DC 0000
RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
RUEPINS/HQ BICE INTEL WASHINGTON DC

UNCLAS STATE 133964

SIPDIS
KUALA LUMPUR FOR WYNN S. PINKSTON AND BRASILIA FOR JOHN ERATH

E.O. 12958: N/A
TAGS: ETTC KOMC MY BR
SUBJECT: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK
ON APPLICATION 050136184

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 pre-shipment check on application 050136184 for the export
of armor plating to Malaysia. Post is requested to complete
this Blue Lantern check within 30 days. Lack of response to
a Blue Lantern check will affect pending and future licenses
involving parties to this license.

3. Reason for request: Lack of documentation from foreign
end-user the Malaysian MoD and unfamiliar foreign consignee
Avibras Industria Aerospacial Rodovia Presidente Dutra
(Avibras). The company has appeared on previous licenses but
the bona fides of the company have not been verified by a
Blue Lantern check.

4. ACTION KUALA LUMPUR: Embassy is requested to make
inquiries with appropriate host government officials to
determine if the Malaysian MoD ordered the armor plating and
if so, that the articles will be used for the purpose stated
on the license. Post is requested to exercise its contacts
within the Malaysian MoD to verify this order.
END ACTION

5. ACTION BRASILIA: Department requests that Embassy make
appropriate inquiries to verify the bona fides of foreign
consignee Avibras, and to confirm the legitimacy of this
transaction. PM/DTCC also requests that post conducts a site
visit to the company in order to provide Department with an
assessment of its business operations and on-site security.
Finally, post is asked to assess whether the company appears
to be a reliable recipient of USML items. If a site visit is
not possible, please inform the PM/DTCC officer (see para 8).
The following questions are provided as suggested guidance:

--Does the company have supporting documentation for this
proposed transaction?

--Does the company have secure facilities and proper
accounting and security procedures for handling sensitive
USML items?

--When was the company established and who are its
principals?

--What is the nature of its business -- what type of items
does it handle, does it serve as a broker?

--What type of organizations are among its typical customers
and where are the customers located?

--Does the company understand the restrictions on United
States Munitions List (USML) items, especially the
prohibition against unauthorized re-transfers and re-exports?

--Does the company understand the prohibition against the
unauthorized stockpiling of USML items?

END ACTION

6. Details of license application:

DTC Case: 050136184

QUANTITY/COMMODITY:

130 MIL A 46100 Revision D Armor Plate 25"x96"x288"

License Value: USD 687,642.00

SELLER:

Clifton Steel Company
16500 Rockside Rd.
Maple Heights, OH 44137
POC is Jim Somogyi, Tel. 216-662-6111 ext.228

FOREIGN CONSIGNEE:

Avibras Industria Aerospacial Rodovia Presidente Dutra
KM 152.4 Predios P-01A P-05 Jardim Das Industrias Cep
12240-420
San Jose Dos Campos
Brazil
No POC provided

FOREIGN INTERMEDIATE CONSIGNEE

Avibras Industria Aerospacial Rodovia Presidente Dutra
KM 152.4 Predios P-01A P-05 Jardim Das Industrias Cep
12240-420
San Jose Dos Campos
Brazil
No POC provided

FOREIGN END-USER:

Secretary General Ministry of Defense Procurement Division
Jalan Padang
Tembak Attn Pero-1
50634 Kuala Lumpur
Kuala Lumpur
Malaysia
No POC provided

PURPOSE:

Armored vehicles for the protection of the Astros systems
crew. The Astros is the vehicle for the Malaysian MLRS.

7. Submitted in support of the license application was the
following document (PM/DTCC can fax documentation to post
upon request):

--Purchase Order No. 000174/08 submitted by Avibras on 3
November 2008, illegible signature

8. Please slug reply for PM/DTCC - BLUE LANTERN COORDINATOR
and include the words "Blue Lantern" and the case number in
the subject line. 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

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

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