(S) GERMANY WILL GRANT LICENSE FOR EXPORT OF

S E C R E T BERLIN 002103 SIPDIS SIPDIS, ISN, NEA, EUR E.O. 12958: DECL: 11/20/2017 TAGS: ENRG KNNP MNUC PARM PREL TRGY GM IS SUBJECT: (S) GERMANY WILL GRANT LICENSE FOR EXPORT OF HIGH-SPEED CAMERA TO ISRAEL ABSENT USG OBJECTION BY NOVEMBER 29 REF: A. DELABARRE/CONWAY EMAIL - 10/10/2007 ¶B. BERLIN 1741 ¶C. BERLIN 1467 ¶D. STATE 100637 ¶E. BERLIN 1341 Classified By: Global Affairs Counselor Donald R. Shemanski for reasons 1.4 (b) and (d). ¶1. (U) This is an action request. Please see para 5. ¶2. (S) German MFA Export Control Division Desk Officer Volker Herzog passed Global Affairs officer November 21 a German-language nonpaper (see para 4) announcing the German Government's intention to grant a license for the export to Israel of an electronic intensified image camera for Rafael Armament Authority unless the USG presents a written objection by November 29. Herzog said the German Government's interagency export control working group had agreed to follow this course of action on the grounds that the camera's technical parameters are "well below" the level of utility for a nuclear weapons program. Herzog noted that the MFA had passed a nonpaper in September (ref B) outlining the reasons why German export control authorities believe the camera under consideration is not appropriate for use in monitoring nuclear explosions. He also noted the German Government to date has not received a response from the USG, notwithstanding the fact that Germany had requested a response by October 4. ¶3. (S) On the basis of ref A information, Global Affairs officer reported to MFA officials October 10 that a U.S. response was still being prepared, but conveyed ISN's preliminary, informal assessment that, if the camera speed and light sensitivity parameters are in fact significantly below nuclear control threshold, the camera might not be covered by the NSG Part 2 Dual-Use Annex camera entry. Global Affairs officer also used the occasion to reiterate ref D concerns regarding Rafael, citing the history of related NSG denials. (COMMENT: Post notes the most recent German nonpaper overstates the substance and extent of the October 10 conversation with the German MFA. END COMMENT.) ¶4. (S) Begin text of Embassy-prepared informal translation of German-language nonpaper: -- We thank you for the information in your nonpaper of July 19, 2007 regarding the delivery of a camera to the Rafael Armament Development Authority in Israel. -- In our nonpaper of September 4, 2007 we outlined additional elements of evaluation and requested re-examination on the grounds that they might qualify the (export) license application for approval. On October 10, 2007 we were verbally notified by the U.S. Embassy that, on the basis the observations in our September 4 nonpaper, U.S. authorities no longer held the originally expressed concerns. We requested a corresponding nonpaper, but to date have not received one. -- On the basis of the observations made in our September 4 nonpaper and because of the verbal U.S. response indicating the USA does not have further concerns, we propose to proceed with the issuance of an export license. Should this assumption not be correct, we request a corresponding communication by November 29. -- We look forward to continuing our excellent cooperation in the area of export controls. End text. ¶5. (S) COMMENT AND ACTION REQUEST: Post understands the Department is preparing a written response indicating the USG finds no basis to object to approval of the export. Post requests Department proceed with preparation of this response and, in light of German comments claiming the USG has "no further concerns," asks that the final product reiterate proliferation concerns regarding Rafael Armament Authority. TIMKEN JR