GERMAN COURT CONVICTS TWO IN ILLEGAL EXPORTS CASE TO IRAN

UNCLAS DUSSELDORF 000048 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PARM MASS KOMC ETTC IR GM SUBJECT: GERMAN COURT CONVICTS TWO IN ILLEGAL EXPORTS CASE TO IRAN REF: DUSSELDORF 46 Sensitive but Unclassified - Contains Proprietary Information. Not for Internet Distribution ¶1. (U) In a December 15 decision, the Duesseldorf Regional Court convicted two defendants on charges of illegally exporting sensitive technology to Iran. The first defendant, Ali Mobaraki, an Iranian businessman resident in Duesseldorf, was sentenced to two years and two months in prison. The second defendant, James Geoffrey Bulmer, a British engineer resident in Friesenheim, Baden-Wuerttemberg, received a suspended prison sentence of two years with three years probation. [NOTE: German courts routinely suspend prison sentences of two years or less for all crimes. END NOTE.] The court found them guilty of illegally exporting to Iran nine GPS navigation systems for use in military drones on several occasions between 2005 and 2006, without obtaining an export license under Section 34 of the German Foreign Trade and Payments Act. The court stated that such a license would have been denied because of the dual-use nature of the navigation systems. Mobaraki can appeal the verdict and would not have to start serving his prison sentence until any appeal has been decided. Nevertheless, he remains in custody pending resolution of an ongoing criminal investigation against him in another case involving the illegal export of weapons in violation of the War Weapons Control Act. ¶2. (U) The defendants were only convicted as accomplices, because the court concluded the driving force behind the illegal exports was Abbas Mobaraki, Ali Mobaraki's father, who escaped to Iran. The court found that the defendants had committed the crimes "negligently, not intentionally." According to the court, both defendants were cooperative during the trial, e.g., by giving up their initial claim of having been unaware of the dual-use nature of the navigation systems. The court also determined that the crime violated another provision of the Foreign Trade and Payments Act, because it had "adversely affected German foreign policy interests," due to the political instability of the end user's region. ¶3. (SBU) Comment: Despite the court's finding of mitigating circumstances, the sentences handed down were not much less than the maximum punishment possible in such cases under the German Foreign Trade and Payments Act--an indication the court considered the violation a serious crime. Although the verdict is not final and can be appealed on questions of law, meaning that Mobaraki will not have to start serving his prison sentence until the appeal has been decided, Mobaraki remains in custody because of the ongoing investigation mentioned above. End comment. ¶4. (U) This message was coordinated with Embassy Berlin. BOYSE