EXTRANCHECK: POST-SHIPMENT VERIFICATION: NOKIA INDIA LTD.,

UNCLAS NEW DELHI 002402 SIPDIS SIPDIS USDOC FOR 532/OEA/M. NICKSON-D/JAY 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: NOKIA INDIA LTD., NEW DELHI, LICENSE NO. D333297 REF: USDOC 02602 ¶1. Unauthorized disclosure of the information provided below is prohibited by Section 12(c) of the Export Administration Act. ¶2. BIS requested a PSV at Nokia India Ltd. (Nokia),a private sector company, located at 5F, Tower - A&B, Cybergreen, DLF Cyber City, Sector 25A, Gurgaon 122002, Haryana, Tel: 91-124-2419-9000, Fax: 91-124-2419-9104, Email: satinder.bedi@nsn.com. Nokia was listed as the Ultimate Consignee, Tektronix (India) Ltd., Bangalore, as the Intermediate Consignee and Agmatel India (Agmatel) as the Foreign Purchaser for one Digital Phosphor Oscilloscope with options and accessories controlled under ECCN 3A292. The license applicant was Tektronix Inc., Beaverton, OR. As of August 30, 2005, BIS decontrolled NP2 controlled items for India including oscilloscopes. The BIS export license D333297 under which the subject was covered expired on February 28, 2007. ¶3. ECO sent a formal letter on April 9, 2007, addressed to Nokia Country Director Ashish Chaudhry requesting to conduct a PSV at Nokia in New Delhi. On April 13, 2007, Monika Mohil of Nokia called FSN Narayan advising that the oscilloscope is not available in Delhi for verification. The oscilloscope is being used in one of the field offices either in Bangalore or Ranchi. On April 28, 2007, Mujeebur Rahman (Rahman) of Nokia Ranchi field office confirmed through an email that the oscilloscope is with them. ¶4. Since the oscilloscope was not available in Delhi for verification and it is a decontrolled item, ECO requested and received BIS concurrence to conduct the PSV without a site visit. BIS New Delhi requested Nokia to send transaction documentation. On May 4, 2007, BIS received transaction documentation from Nokia for subject. This contained Nokia Purchase Order, Agmatel Tax Invoice, Agmatel Delivery Challan reflecting delivery of the oscilloscope at Nokia's Delhi facility on September 27, 2005. Also, through an email Rahman provided the oscilloscope model number as TDS 3032B and serial number as B031951. ¶5. Nokia representatives did not recall submitting an End-Use Statement or receiving BIS export license final conditions. Rahman stated in his email that the oscilloscope is being used for Bharat Sanchar Nigam Limited (BSNL),a GOI owned telephone service provider, point of interface (POI) transmission acceptanc testing. He further stated that the oscilloscope is used to test and certify 2048 kilobits per second speed electronic links being established by Nokia as a part of the objective to provide GSM network connectivity and a reliable and efficient fiber optic network in India. The Nokia engineers at various sites where GSM is being installed and in the main test center use the oscilloscope for testing signals. ¶6. BIS New Delhi in an effort to reconfirm the transaction, contacted Agmatel. Agmatel provided a set of documentation pertaining to this transaction. The transaction documentation provided by Agmatel matched with that supplied by Nokia including the model and serial numbers. Documents provided by Agmatel also did not include Nokia End-Use Statement and BIS export license final conditions that should have been conveyed to Nokia. However, Agmatel provided a copy of Tektronix email authorizing them to sell the oscilloscope to Nokia. ¶7. Per Nokia's Website, Nokia India is a sales subsidiary of Nokia, a leading supplier of mobile phones, fixed, mobile and IP networks. Nokia's India operations include networks and terminals sales divisions and three research and development facilities. A manufacturing facility for mobile devices and GSM infrastructure was set up in Chennai in 2006. ¶8. Recommendation: This check is inconclusive since ECO could not conduct the on-site verification for the oscilloscope at the Nokia India Ltd. (PSCUSHMAN/PNARAYAN) Mulford