Search

 

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

VZCZCXYZ0002
RR RUEHWEB

DE RUEHC #0771 2432101
ZNR UUUUU ZZH
R 312043Z AUG 09
FM SECSTATE WASHDC
TO RUEHDK/AMEMBASSY DAKAR 0000
INFO RUEHUJA/AMEMBASSY ABUJA 0000
RUEHTV/AMEMBASSY TEL AVIV 0000
RUEAIIA/CIA WASHINGTON DC
RUETIAA/DIRNSA FT GEORGE G MEADE MD
RHMCSUU/FBI WASHINGTON DC 0000
RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC

UNCLAS STATE 090771

SIPDIS
DAKAR FOR WALLACE BAIN
ECON

E.O. 12958: N/A
TAGS: ETTC KOMC SG NI IS
SUBJECT: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK
TO SENEGAL ON LICENSE GC 0997-09

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-license inquiry on a request (DDTC case GC 0997-07) for
the re-export of three (3) C-130H aircraft from Nigeria to
Senegal. The aircraft are defense articles controlled under
the International Traffic in Arms Regulations (ITAR)
administered by PM/DDTC. Post is requested to complete this
Blue Lantern inquiry within 30 days. Lack of response to a
Blue Lantern inquiry will affect pending and future license
requests involving parties to this license.

3. Reason for request:

--Brokering of aircraft by private entity A.D. Consultants
(ADCON), Israel on behalf of government of Nigeria and
Senegal without prior approval from DDTC. In addition, ADCON
was not registered as a broker with DDTC as required under
the ITAR. ADCON subsequently registered under parent company
Oforid Holdings, Ltd., Israel.

--Re-titling of C-130H aircraft from Government of Nigeria
(Ministry of Defense) to ADCON without prior approval from
DDTC.

--Sole documentation establishing relationship between ADCON
and Government of Senegal is limited to an end-user
certification stating that the C-130H aircraft were "ordered
through" ADCON. No documentation or contract between ADCON
and GoS detailing the terms and conditions of the sale.

--No documentation on the source, type, and amount of any
fees, payments, or other consideration paid to ADCON for
brokering the transaction.

--No documentation from GoS indicating the end-use of the
aircraft.

--Verification that all parties to the transaction have been
identified.

4. ACTION: The Department requests that Post contact the
Government of Senegal to determine the bona fides of
re-export transaction.

The following points are included for guidance:

--Would the GoS provide contractual or other documentation
identifying the role of all parties to the transaction and
the full terms of purchase?

--To date, has any money been exchanged for the aircraft?

--Would GoS confirm the specific end-use of the aircraft
(i.e. military transport, border security, humanitarian aid,
other missions, etc.)?

--Will the aircraft be serviced or refurbished in a third
country before arrival in Senegal?
(**NOTE: GC 0997-07 states that the aircraft will be
transferred to Denel (Pty) Ltd. in South Africa for
refurbishing before final delivery to Senegal. DDTC would
like to inquire if Senegal is aware of the transaction and
Denel's participation.**)

--Where will the aircraft be located in Senegal upon
delivery?

--Does the GoS understand the restrictions on USML items,
especially the prohibition against unauthorized re-transfer
and re-export?

END ACTION.

5. Details of license application:

DTC CASE: GC 0997-09

QUANTITY/COMMODITY:

3 - C-130H Aircraft

Aircraft No. NAF 914, Serial No. 4649
Aircraft No. NAF 915, Serial No. 4650
Aircraft No. NAF 916, Serial No. 4962

License Value: $6,100,000 USD

SELLER:

Nigerian Ministry of Defense
Office of the Permanent Secretary
Ship House
Olusegun Obasanjo Way
Area 10, P.M.B. 196, Garki, Abuja
Nigeria
Tel: 09-2348970
Fax: 09-2340708

FOREIGN CONSIGNEE:

ADCON
7, Golda Meir St. Science Park
Nes-Ziona 74036
Israel
POC: Mr. Gabriel Pereiz, President & CEO

FOREIGN INTERMEDIATE CONSIGNEE:

Denel (Pty) Ltd.
Nellmapius Drive, Irene
P.O. Box 8322, Centurion, 0446
South Africa
Tel: 27 (0)11 9272895
Mobile: 27 (0)83 628 1679
POC: Mr. Albert van Oldenmark

*Denel is or will be contracted by ADCON to service and
refurbish the aircraft to ensure their sky-worthiness.*
*Value of Denel services: $32,729,765.*

FOREIGN END-USER:

Ministry of Armed Forces of the Republic of Senegal
Building de Direction Administrative 1, 8ieme etage
Dakar, Senegal
POC: Mr. Becaye Diop, Minister of Armed Forces of the
Republic of Senegal

PURPOSE:

Transport of cargo and troops inside Senegal, and for UN
missions outside Senegal.

6. Submitted in support of license application GC 0997-09
were the following documents (PM/DTCC will fax documentation
to Post upon request):

--General Correspondence Transmittal Letter, signed by Bukar
Goni Aji, Permanent Secretary for the Minister of Defense of
Nigeria, dated 28 April 2009.

--Bill of Sale for 3 C-130 aircraft from GoN to ADCON, signed
by D.A. Muhammed, dated 22 May 2007.

--End-User Certificate signed by Mr. Becaye Diop, Minister of
Armed Forces, Senegal, dated 2 May 2009.

--DSP-83 Non-Transfer and Use Certificate signed by Mr. Bukar
Goni Aji, Ministry of Defense Nigeria, dated 20 March 2009,
and Mr. Becaye Diop, Minister of Armed Forces, Senegal, dated
23 March 2009.

--Denel's "Proposal for the Recovery, Relocation, and Service
of the ADC C-130H Aircraft 914, 915, 916" dated 28 November
2008.

7. 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 Meredith Sundlof. Phone:
202-663-3455; Email: SundlofME@state.gov; SIPRNET:
SundlofME@state.sgov.gov. The Blue Lantern Guidebook (ref)
is available as a PDF file at
http://www.intelink.sgov.gov/wiki/Blue Lantern End-Use
Monitoring Program.

8. Department is grateful for Post's assistance in this
matter.
CLINTON

© Scoop Media

 
 
 
World Headlines

 

OECD: COVID-19 Crisis Puts Migration And Progress On Integration At Risk, Says

Watch the live webcast of the press conference Migration flows have increased over the past decade and some progress has been made to improve the integration of immigrants in the host countries. But some of these gains may be erased by the COVID-19 pandemic ... More>>


Pacific Media Watch: How Pacific Environmental Defenders Are Coping With The Covid Pandemic

SPECIAL REPORT: By Sri Krishnamurthi of Pacific Media Watch Pacific Climate Warriors - creative action to trigger better responses to climate crisis. Image: ... More>>

Reporters Without Borders: Julian Assange’s Extradition Hearing Marred By Barriers To Open Justice

After monitoring four weeks of evidence in the US extradition proceedings against Wikileaks publisher Julian Assange, Reporters Without Borders (RSF) reiterates concern regarding the targeting of Assange for his contributions to journalism, and calls ... More>>

OHCHR: Stranded Migrants Need Safe And Dignified Return – UN Migrant Workers Committee

The UN Committee on Migrant Workers has today called on governments to take immediate action to address the inhumane conditions of migrant workers who are stranded in detention camps and ensure they can have an orderly, safe and dignified return to ... More>>