MTAG AND S49-05: INPA EXPORT CONTROL DEMARCHES

S E C R E T NEW DELHI 009408 SIPDIS SIPDIS DEPT FOR ISN/MTR, ISN/CB, ISN/CPI AND SA/RA, DEPT PLEASE INFO MISSILE TECHNOLOGY CONTROL REGIME COLLECTIVE E.O. 12958: DECL: 12/13/2015 TAGS: ETTC KSCA MTCRE PARM PREL CBW IN IR SY SUBJECT: MTAG AND S49-05: INPA EXPORT CONTROL DEMARCHES DELIVERED REF: A. STATE 222372 ¶B. STATE 222346 Classified By: PolCouns Geoff Pyatt for Reasons 1.4 (B, D) ¶1. (S) PolCouns and Poloff delivered reftel demarches to MEA Joint Secretary (Disarmament and International Security Affairs) Hamid Ali Rao and Deputy Secretary (DISA) Naveen Srivastava on December 14, emphasizing that both transactions appear to be covered under India's new WMD Bill and attendant export control lists, as well as the U.S. Iran and Syria Nonproliferation Act. PolCouns also highlighted the recent amendment to INPA to cover Syria. ¶2. (S) Noting that both cases appear to be similar to previous cases that were successfully resolved, Rao promised to investigate the U.S. information. He asked PolCouns if the USG would deliver a parallel demarche to the Malaysian government in the case of Mayurakshi Equipments (Ref A),as it involved a Malaysian purchaser. PolCouns indicated that we did not have this information but noted in any case that we hope the GOI will act against the Indian broker. ¶3. (S) Srivastava commented that Ref B company Titan was the subject of an earlier Iraq-related export control case, and stated that he would be "surprised" if they attempted to make another export without following licensing requirements. The onward transfer indicated in Ref B would be subject to end-user checks under India's new WMD Bill, he said, and agreed to inform us of the outcome of the GOI investigations. Regarding Ref A brokering case, Srivastava noted that the GOI was successfully prosecuting a similar case against NEC for the brokering of dual use commodity shipments to Iraq. ¶4. (C) COMMENT: Both Rao and Srivastava were exceptionally responsive to both these cases, recognizing instantly the threat to Indian interests and the need for speedy follow-up. ¶5. (U) Visit New Delhi's Classified Website: (http://www.state.sgov.gov/p/sa/newdelhi/) MULFORD