BLUE LANTERN CHECK: TUNISIAN MOD LICENSES

UNCLAS TUNIS 000605 SIPDIS SIPDIS STATE FOR NEA/MAG (HARRIS AND HOPKINS) AND PM/RSAT (ARNETT) E.O. 12958: N/A TAGS: ETTC KOMC MARR TS SUBJECT: BLUE LANTERN CHECK: TUNISIAN MOD LICENSES 05-998131 AND 05-991008 REF: STATE 52041 ¶1. THIS MESSAGE CONTAINS AN ACTION REQUEST. PLEASE SEE PARA 4. ¶2. As instructed in reftel, on May 15 PolMilOff conducted a post-shipment end-use check on applications 05-998131 and 05-991008 for the export of F-5 aircraft spares to the Tunisian Ministry of National Defense (MND). PolMilOff met with the following officials at the Ministry of National Defense in Tunis to conduct the post-shipment verification: -- COL Hussein Al-Abeid, Logistics Division, Tunisian Air Force -- MAJ Monji Najjar, Contracts and Transit Division, Tunisian Air Force -- COL Mohamed Issaoui, Security, Tunisian Air Force -- MAJ Rym Belhiba, Department of International Cooperation and Relations, MND Al-Abeid and Najjar confirmed that the Tunisian Air Force had ordered F-5 parts from Commerce Overseas Corporation. Najjar had copies of all relevant parts' contracts and confirmed that all parts are for the exclusive use of the Tunisian Air Force. Regarding case 05-998131, Najjar said that the MND had signed three contracts (2004 - $155,800, 2005 - $192,500, and 2006 - $210,000) with Commerce Overseas and was currently reviewing if a fourth and final contract for F-5 spare parts would be signed in 2007. Regarding case 05-991008, Najjar said the MND had initially planned to purchase two gyroscopes. However, the price had risen to $148,000, so the MND had purchased one gyroscope and sent two MND gyroscopes for repair by Commerce Overseas. ¶3. Najjar and Al-Abeid confirmed that all parts received to date were in use, in storage or used and disposed. The Tunisian Air Force's twelve F-5 aircraft are all located at the Sidi Ahmed Air Base in Bizerte (northern Tunisia). Access to the airbase is strictly controlled, and on base personnel are restricted to those areas they are authorized to work. F-5 parts are stored in restricted access warehouses, however, the MND is not aware of the specific storage provisos associated with the export licenses. The MND's copy of the contracts has no reference to storage provisos or license requirements, other than to say that the contract is in compliance with appropriate US export licensing. ¶4. ACTION REQUEST: Post requests that PM/RSAT provide copies of any Defense Trade Control procedures, policies and regulations that explain the need for US export licensing in commercial military sales contracts to the Tunisian Ministry of National Defense. Al-Abeid said that the MND was not familiar with U.S. defense trade controls procedures related to commercial sales contracts. Al-Abeid requested Post provide further details about the Defense Trade Controls Compliance procedures so that the MND can ensure all necessary regulations and procedures are outlined in their future commercial contracts. ¶5. RECOMMENDATION: Post finds the transactions to be legitimate and the Tunisian Ministry of National Defense to be a reliable party to receive USML items and/or technology. GODEC