EXTRANCHECK: POST-SHIPMENT VERIFICATION: DIRECTORATE

UNCLAS NEW DELHI 006807 SIPDIS SIPDIS USDOC FOR 532/OEA/M. NICKSON-DORSEY/J. HATFIELD USDOC FOR 3131/USFCS/OIO/ANESA/KREISSL USDOC FOR 4530/MAC/ANESA/OSA ICE HQ FOR STRATEGIC INVESTIGATIONS STATE FOR EB/ESP E.O. 12958: N/A TAGS: ETTC ETRD BEXP IN SUBJECT: EXTRANCHECK: POST-SHIPMENT VERIFICATION: DIRECTORATE GENERAL OF EME, NEW DELHI, LICENSE NO. D343924 REF: USDOC 04380 ¶1. Unauthorized disclosure of the information provided below is prohibited by Section 12(c) of the Export Administration Act. ¶2. BIS requested a PSV on Directorate General of EME (EME),Master General of Ordnance Branch, Integrated HQ of Ministry of Defence (Army),DHQ PO, New Delhi 110011. EME was listed as the Ultimate Consignee; Agmatel India (Agmatel) as Foreign Purchaser; and Tektronix India Pvt. Ltd. (Tektronix India),Bangalore as Intermediate Consignee for two Model TDS3052B Digital Phosphor Oscilloscopes (DPO) controlled under ECCN 3A292. As of August 30, 2005, BIS decontrolled NP2 controlled items for India including oscilloscopes. The license applicant was Tektronix Inc. (Tektronix), Beaverton, OR. ¶4. On August 21, 2006, BIS New Delhi sent a formal letter of request to Viraj Singh (Singh),Deputy Secretary (Americas),Ministry of External Affairs (MEA),to conduct subject PSV at EME in New Delhi. The 4-week deadline, per End-Use Visit Arrangement (EUVA) between the U.S. and India was passed. Prior to this deadline, Singh responded to the request stating that the two oscilloscopes on check were not available in New Delhi for on-site inspection. Singh informed the ECO that in the week of September 11 he was trying to set up the PSV with EME officials in New Delhi. The meeting with EME could not take place due to a tender opening at EME that week. As of September 18, 2006, the ECO and Singh were both fully engaged with the BIS-organized four city seminar series on Current and Prospective Opportunities for U.S.-India High Technology Trade, September 20-28, 2006. ¶5. On September 29, 2006, the EME transaction documents were delivered. The oscilloscopes were purchased for 1 Advanced Base EME Work Shop in Guwahati, Assam. Considering the fact that oscilloscopes are decontrolled, the ECO did not conduct a site visit. ¶6. Singh faxed a copy of a cover letter signed by Lt. Col. H. Jayapal, Joint Director, EME (Equipment) along with the EME supply order reflecting that the two oscilloscopes were purchased for the EME Work Shop in Guwahati, Inspection note, Agmatel Retail Invoice, EME final inspection note, Tektronix' Export License Application Information detailing EME end-use information and reflecting that the two oscilloscopes were ordered for the EME work Shop in Guwahati, EME Provisional Receipt and Form BXA-711. Other than the Supply Order and Tektronix' Export License Application Information, EME did not have any document to confirm the oscilloscopes are used at the EME Guwahati Work Shop. ¶7. The stated end-use listed in reftel described the 500 MHz. bandwidth required to check signals of 200-300 MHz. present in electronic equipment used by the Army. The DPO technology and portability was also key to the selection of this unit. Per Lt. Col. Jayapal's letter received by BIS, the oscilloscopes are used for the following activities: (a) Comparing different wave-forms of PCBs of multi-channel FDM/TDM equipment and VHF communication. (b) Comparing different signals. (c) Measurement of low voltage and current. ¶8. Established in 1943, EME is the Corps of Electrical and Mechanical Engineers under the Ministry of Defence (MOD),GOI. EME is responsible for maintenance of the operational fitness of electrical, mechanical, electronic and optical equipment of the Indian Army. The core functions of the EME include repairs, inspections, recovery, trials, manufacturing, experimental work, technical advise, design and development, defect reports & modifications, and scaling of instruments/equipment used by the Indian Army. In addition, EME also renders assistance to civil authorities in an emergency or national calamity. ¶9. Recommendation: EME headquarters in New Delhi provided documentation to confirm the transaction, the ultimate disposition of the oscilloscopes and their end-use. As no on-site inspection was conducted of each oscilloscope, and such items have been decontrolled as of August 30, 2005, the Post-shipment Verification remains limited. (MRUFE) Mulford