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

VZCZCXYZ0028
RR RUEHWEB

DE RUEHC #8141 3202027
ZNR UUUUU ZZH
R 162022Z NOV 09
FM SECSTATE WASHDC
TO RUEHOT/AMEMBASSY OTTAWA 0000
INFO RHMCSUU/FBI WASHINGTON DC 0000
RUEAIIA/CIA WASHINGTON DC
RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
RUEPINS/HQ BICE INTEL WASHINGTON DC

UNCLAS STATE 118141

SIPDIS
OTTAWA FOR LORI BALBI

E.O. 12958: N/A
TAGS: ETTC KOMC CA
SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK
ON THE EXPORT OF U.S. DEFENSE ARTICLES CITING THE CANADIAN
EXEMPTION

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 Embassy's assistance in
conducting a post-shipment check on transactions citing the
Canadian exemption for the export of thermal imaging systems
to Canada. Embassy 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: Under ITAR 126.5 (Canadian Exemption),
certain United States Munitions List (USML) items may be
exported to Canada without a license. Some items on USML
Category XII - which includes thermal imaging devices - may
require a license depending on commodity specification and
type. DDTC requests this check based on the vague
description of commodity and end-use in export filing. Also,
End-user VIH Aviation Group has appeared on a previous DDTC
license but the company's bona fides have not been
established by a Blue Lantern check.

4. ACTION OTTAWA: Mission Canada is requested to make
inquiries with appropriate officials to establish the bona
fides of end-user VIH Aviation Group and to obtain all
relevant details regarding the export of thermal imaging
systems to Canada citing the Canadian exemption, including
the exact description, number, type, dollar value, and serial
number of items. 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.

The following questions are provided as suggested guidance:

--What were the exact United States Munitions List (USML)
articles exported to you? (Automated Export System (AES)
filing data provides the following information, "thermal
imaging systems".)

--What is the exact end-use for these USML items? Will VIH
Aviation Group be the sole end-user and retain positive
control over the thermal imaging systems at all times? Will
they be transferred to other end-users in Canada or
re-exported?

--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 the company's business?

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

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

END ACTION.

5. Details of the AES filings:

--EXPORT 1 - QUANTITY/COMMODITY:

Quantity not provided

Commodity - Vague description cited as, "thermal imaging
system"

Stated Value: USD 4,204.00

Export Date - 13 August 2007

ITAR Exemption Number - 126.5B

Filer Identification Number - 9360708501

Shipping Reference Number - 78773-3

Export Identification Code - 93070850100

--EXPORT 2 - QUANTITY/COMMODITY:

Quantity not provided

Commodity - Vague description cited as, "thermal imaging
system"

Stated Value: USD 5,200.00

Export Date - 25 October 2007

ITAR Exemption Number - 126.5B

Filer Identification Number - 9360708501

Shipping Reference Number - 50011439

Export Identification Code - 93070850100

U.S. EXPORTER:

FLIR Systems, Inc.
25 Esquire Rd.
North Billerica, MA 01862
POC is Mr. Mattera, Tel. 978-901-8553

ULTIMATE CONSIGNEE

VIH Aviation Group
1962 Canso Rd.
North Saanich, B.C.
V8L5V5
Canada
No POC provided, Tel. 866-844-4354

6. 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 on Intellipedia:
http://www.intelink.gov/wiki/
Blue Lantern End-Use Monitoring Program.

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

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