AUSTRALIA GROUP - DELIVERY OF U.S. RESPONSE TO TWO

UNCLAS BERLIN 001771 SIPDIS SENSITIVE SIPDIS STATE FOR ISN AND EUR E.O. 12958: N/A TAGS: PARM PREL ETTC CBW GM SUBJECT: AUSTRALIA GROUP - DELIVERY OF U.S. RESPONSE TO TWO GERMAN ITT PROPOSALS REF: STATE 127222 ¶1. (U) This is an action request. Post requests Department guidance to respond to German questions posed in paras 2 and ¶3. ¶2. (SBU) Global Affairs officer delivered reftel demarche and accompanying track-changes document September 19 to MFA Deputy Office Director for Export Controls on Non-Conventional Dual Use Goods Markus Klinger. Regarding the U.S. response to the German proposal (AG/Jun07/CL/D/3) to amend the Australia Group (AG) Control List of Dual-Use Biological Equipment and Related Technology and the List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technologies, Klinger asked whether the USG would formally object if the proposal were taken to a vote. If so, Klinger said, further discussion is needed. Otherwise, Klinger said, Germany would use a silence procedure to move the proposal forward. ¶3. (SBU) Klinger said the German interagency working group would review U.S. edits to the German proposal (AG/May07/ExC/D/29) to establish a best practices annex on the implementation of controls related to transfers of intangible technology and pass along any concerns or clarifying questions. He asked whether the U.S. position on characterizing the best practices document as an informal, non-binding reference document is related to any special issues covered in the document that would affect U.S. national security, or whether the U.S. position is simply intended to preserve flexibility in the application of AG guidelines. Noting U.S. suggested edits on "deemed" exports in Section I, Klinger said another AG partner indicated it would object to the inclusion of a "deemed" export formulation. Klinger said further discussion would likely be needed on the matter. TIMKEN JR