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Cablegate: Office of Defense Trade Controls Compliance

VZCZCXYZ0000
PP RUEHWEB

DE RUEHC #6274 2591710
ZNR UUUUU ZZH
P R 161652Z SEP 09
FM SECSTATE WASHDC
TO RUEHMD/AMEMBASSY MADRID PRIORITY 2607
INFO RHMCSUU/FBI WASHINGTON DC 5938
RUEAIIA/CIA WASHINGTON DC
RUCPDOC/USDOC WASHINGTON DC 5676
RUEKJCS/SECDEF WASHINGTON DC
RUEPINS/HQ BICE INTEL WASHINGTON DC

UNCLAS STATE 096274

SIPDIS
MADRID FOR STROTHER MURRAY

E.O. 12958: N/A
TAGS: ETTC KOMC SP
SUBJECT: OFFICE OF DEFENSE TRADE CONTROLS COMPLIANCE
PLACES SPANISH COMPANY, ELINT S.A. UNDER A POLICY OF DENIAL

REF: A. MADRID 453 B. MADRID 777

1. This is an Action Request. See paragraph 6.

2. The Department's Office of Defense Trade Controls
Compliance (PM/DTCC) requests that Embassy convey to
appropriate Spanish officials the policy of denial imposed on
Spanish company, Elint S.A. Until further notice, Elint S.A.
will not be approved as a party to any export license for
United States Munitions List (USML) items. Furthermore,
licenses that have been granted (involving Elint S.A. as the
primary consignee) and have balances that remain unshipped
will be revoked.

3. Background: In June 2008, PM/DTCC requested a Blue Lantern
post-shipment check on the export of 350 night vision devices
(NVDs) (authorization request No. 05-971940) to Elint (acting
as foreign consignee) for the Spanish Marines. Embassy
Madrid, supporting DTCC's Blue Lantern inquiry, determined
that Elint could not account for 112 NVDs, had retransferred
dozens of NVDs to unauthorized end-users in Spain and outside
of Spain, had stored at least 114 NVDs in its own facilities
without authorization, and committed several other likely
International Traffic in Arms Regulations (ITAR) violations.
Based on Post's findings, the Spanish MoD asked the Spanish
National Police to investigate. ITT, the U.S. licensor is
also pursuing a patent infringement suit against Elint.

4. Post conducted a follow-up site visit on July 9, 2009 (ref
B) to ascertain the status of the previously unaccounted for
NVDs. The site visit determined that 112 of the 350 NVDs
purchased by Elint could not/not be accounted for. The
follow-up check indicated that Elint had sold 13 NVDs to
unauthorized end-users and kept inadequate records of NVD
serial numbers, and stored at least 114 NVDs in its own
facilities without authorization. Post is cooperating with
the Spanish National Police (SNP) in an ongoing criminal
investigation of Elint.

5. In early June 2009 Elint requested a license to import
another 862 NVDs (license application No. 050177626) for
end-use by the Spanish Marines. Post recommended that DDTC
not/not approve any further licenses involving Elint while
the matter was under investigation. Based on information
received from the Spanish MoD on September 3, 2009, support
documentation (i.e., DSP-83 Nontransfer and Use Certificate)
for the license application was altered significantly in
violation of both Spanish and U.S. law.

6. Based on Post's reporting, DTCC will advise Elint in
writing of the Department's policy of denial as follows:

--Pursuant to 126.7(b) of the ITAR (22C.F.R. Parts 120-130),
the Department of State, DDTC, is hereby placing Elint under
a policy of denial, effective immediately. This policy
applies to current licenses or other approvals and future
license applications or other requests to which Elint is a
party.

7. ACTION: Department requests that post contact appropriate
GOS officials to convey the policy of denial that has been
imposed on Elint S.A. Department recognizes and appreciates
Spanish government cooperation in investigating Elint and
does not/not wish to disrupt legitimate U.S. defense trade
exports to a valued U.S. ally. Post should advise GOS that
export requests for Spain for night vision devices or other
USML items will be favorably considered if supported by a
purchase document between a generally eligible Spanish
consignee and a U.S. manufacturer/exporter or a purchase
document directly between the GOS and a U.S.
manufacturer/exporter. Finally, the Department requests that
post make clear that any future exports to Spain involving
Elint will be denied.
END ACTION

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, PM/DTCC, Phone:
202-663-3867.

9. Department is grateful for Embassy's assistance in this
matter.
CLINTON

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