FRANCE: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK ON

UNCLAS PARIS 004793 SIPDIS STATE FOR PM/DTCC - BLUE LANTERN COORDINATOR E.O. 12958: N/A TAGS: ETTC KOMC FR SUBJECT: FRANCE: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK ON APPLICATION 05-999048 REF: (A) STATE 81335 (B) PARIS 4714 ¶1. In addition to checking with the French Prefect for French Guiana and with French Customs (ref B) regarding the bona fides of end-user Amazonie Loisirs for license application 05-999048, Post Blue Lantern Action Officer also contacted the French Foreign Ministry, which in turn requested an interagency review to determined whether Amazonie Loisirs was fully authorized to import and sell these items. On July 12, the French Foreign Ministry shared with us the comments they received from Christophe Jacquot, an expert on defense trade controls in the Defense Ministry. ¶2. Following is an unofficial translation of his assessment: I received your request for information concerning the classification of the material that the company Amazonie Loisirs, based in French Guiana but unknown to anyone in my service under that name, would like to import from the United States. As for the authorization to trade (commonly referred to as an AFC or "autorization de fabrication et de commerce"),having looked over the items on the list you sent, it appears that certain materials do fall under the 1st and 4th categories defined in article 2 of the 6 May 1995 decree, itself a modification of the 18 April 1939 decree, which lays out the regulation of war materials, weapons and ammunition. This would require that the company, which does not currently possess an AFC, hold authorization to trade these materials -- authorization issued by the Ministry of Defense, Strategic Affaires Directorate, Division for Sensitive Transfers Regulation -- which would allow the company to import these materials under an authorization to import weapons of war (AIMG or "autorisation d'importation de matriel de guerre"). Once the company obtains an AFC, they must apply to French Customs to receive an AIMG after review by the Defense Ministry, the Foreign Ministry and the Interior Ministry. Sincerely, Arms Regulator Christophe JACQUOT End unofficial translation. ¶3. The interagency review, initiated by our contacts in the Foreign Ministry, took several weeks. In order to facilitate and expedite their review of this case, in late June, we faxed the "Demande de Commerce" included in the license application package, sent to us by PM/DTCC, to the MFA, which in turn faxed it to the Defense Ministry, among others. Apparently, the "Demande de Commerce" document is all that is needed to trade in items which fall under Categories 5, 6, and 7, under French defense trade regulations. However, Mr. Jacquot has determined that many items listed in Amazonie Loisirs' order (ref A) fall into categories 1 and 4, whereas Amazonie Loisirs is currently only authorized to import items under categories 5, 6, and ¶7. For items in Categories 1 through 4, both an AFC and an AIMG are needed. Category 1 items are weapons of war firearms (generally, anything 9mm caliber or over),Category 4 items are defensive weapons of war (such as 357 magnum -- generally, reserved for the French national police),Category 5 items are hunting weapons, Category 6 items are knifes and similar hand-held weapons, and Category 7 items are shooting and sporting firearms, such as target rifles. Given the Defense Ministry's determination that many of these bolt action rifles, semi-automatic rifles, lever action rifles and pistols of these calibers fall into Catagories 1 and 4 of French defense trade regulations, Amazonie Loisirs does not/not have the necessary French Government authorizations to import these items. Thus, the GOF requests that we not approve this license application. Stapleton