EXBS: TAIWAN MONTHLY REPORTING CABLE - DECEMBER 2007

UNCLAS AIT TAIPEI 000036

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR ISN/ECC - YWONG, ACHURCH, KCROUCH AND ROWEN
DEPT FOR EAP/TC - SBREMNER
DEPT FOR MTR - PDURHAM, SMIKOL, JMAYES, AND RPALMIERO
CBP/INA FOR RWATT AND JGOUGE
DEPT FOR ENERGY/NNSA FOR T. PERRY AND S. JONES

E.O. 12958: N/A
TAGS: ETTC MNUC PARM PREL KSTC KNNP TW
SUBJECT: EXBS: TAIWAN MONTHLY REPORTING CABLE - DECEMBER 2007


I. BROAD ITEMS OF INTEREST TO ADVISORS AND AGENCY
MANAGERS:

(SBU) None.

II. COMPLETED ACTIONS FOR THE REPORTING PERIOD.


A. SITE ASSESSMENTS AND MEETINGS DURING REPORTING PERIOD:


1. (SBU) On December 11, the Export Control and Related Border
Security (EXBS) Program Advisor met with Taiwan Ministry of Justice
Investigation Bureau (MJIB) officials to get an update on export
control cases. As part of MJIB's update, the EXBS Advisor received
written summaries of closed and open cases as of December 2007. The
following is a summary of the verbal and written updates.
BEGIN SUMMARY

CLOSED CASES


2. (SBU) Kuo Cheng-Chung (Kuo) and Lin Fang-Tusen (Lin),
individually: In November 2004, Kuo, the individual in charge of
Ching Hwee International Trading Company (Ching Hwee) located in
Feng Yuan City, Taichung County, and Lin, a former employee of Ching
Hwee, established SinaTek Equipment (SinaTek). In December 2005,
Kuo and Lin traveled to Sheng Yang Machinery Corp. (Sheng Yang)
located in Shen Yang Province, China, to arrange a bogus sale of a
machining center to Shen Yang. The actual purchaser of the
machining center was Ryonha Machinery J/V Corp. (Ryonha) located in
North Korea. (Kuo had long-established business relationships with
both Shen Yang and Ryonha.) Kuo placed the order with Leadwell
Machine Co., a Taiwan company, to manufacture the machining center.
In May 2006, Leadwell delivered the machining center to Ching Hwee.
Kuo and Lin then resold the machining center to SinaTek. Kuo and
Lin, through SinaTek, hired a customs broker to prepare the
necessary export documents and submit them to Taichung Customs
Bureau using documents provided by Shen Yang. The documents
prepared by Shen Yang falsely stated that the machining center would
be shipped to Dalien Harbor in China. On June 15, 2006, Kuo and Lin
arranged for the machining center to be shipped from Taiwan to North
Korea on Pong Hua, a North Korean flagged vessel. However, the
shipment was seized before it left Taichung. At the time of the
attempted shipment, neither Kuo nor Lin obtained the required permit
from the Bureau of Foreign Trade (BOFT) of the Taiwan Ministry of
Economic Affairs to export to North Korea. Both individuals
received suspended sentences of six months imprisonment and were
required to donate NTD 150, 000 (approximately USD 4,658) to
designated charities.


3. (SBU) Wu Zhai-Zhao (Wu),individually, and Chanto Air Hydraulics
Co., Ltd. (Chanto): On August 22, 2006, Wu, through Chanto,
attempted to export air and pneumatic presses, items on Taiwan's
Sensitive High Tech Commodity List, to Eadenegar Company in Iran,
without the required BOFT authorization. Wu arranged for the
presses to be shipped from Kaohsiung Harbor to Abbas, Iran, through
Dubai, the United Arab Emirates. On September 27, 2007 the
Prosecutors Office deferred prosecution of Wu and Chanto for one
year with a payment of NTD 80,000 (approximately USD 2,484) by Wu.
According to MJIB, this was the first offense by Wu and Wu showed
great remorse for his action, both considered mitigating factors by
the Prosecutors Office.

OPEN CASES


4. (SBU) From March through September 2003, Johnson Trading &
Engineering Co. (Johnson Trading) imported controlled items,
including military-use standardized electronic chips, from the
United States under the names of Opto Tech Corp., Chung Shan
Institute of Science and Technology, and Aerospace Industrial
Development Corp. Johnson Trading then exported these commodities
from Taiwan to China without the required BOFT authorization. The
MJIB referred the case to the Ban Chiao District Court Prosecutors
Office for prosecution. The case is pending.


5. (SBU) In January 2007, C-TEK exported twelve sets of electric
discharge machines, which have military applications, to Iran by
falsely stating that the machines were destined for the Republic of
Samoa and by providing incorrect tariff codes. In fact, the
machines were destined for Bohr Corporation in Iran. The electric
discharge machines were on Taiwan's Sensitive Commodity List and
required export authorization from BOFT to export to Iran. The MJIB
Taichung County Office began investigating the case in mid-March

2007. The case is pending in the Taichung Prosecutors Office.


6. (SBU) On or about November 24, 2006, Edda Industrial Co., Ltd.
(Edda) exported to North Korea through China Y-Strainers, items on
Taiwan's Sensitive Commodity List, without the required BOFT
authorization. The MJIB Taipei Office began investigating Edda in
mid-June 2007. The Y-Strainers, which could be used in nuclear
programs, were exported from Keelung Harbor to Dalien, China, and
then to Nan Pu, North Korea. The case has been referred to the
Taipei District Prosecutors Office for prosecution. The case is
pending.

END SUMMARY


7. (U) In addition to the above cases, the following enforcement
action against Royal Team Corporation appeared in the
English-language Taipei Times on December 28.

BEGIN ARTICLE

Three businessmen indicted for illegal trade with North Korea:

Taipei prosecutors yesterday indicted three businessmen on charges
of violation of the Foreign Trade Act after their companies exported
restricted products to North Korea.

"North Korea was very persistent in its bid to develop nuclear
weapons. The actions of the three defendants actually helped it to
become a more dangerous threat to its neighbors," said prosecutor
Chang Shu-hua in the indictment.

Chang's remarks referred to Royal Team Corporation's (Chinese name
of the company is Huayueh trading company) business with Korea
Daespongsan Information Technology Exchange Corp of North Korea
between August last year and July, despite the fact that North Korea
is listed on the Ministry of Economic Affairs list of countries
where trade in sensitive products that can be used for military
purposes is prohibited.

Prosecutors discovered that Royal Team Corp exported computer hard
drives, DVD burners, aluminum, infrared binoculars, laser printers
and laptops to the North Korean company.

All the products were shipped via Macau for transfer to North Korea.
Prosecutors said the products sold to North Korea could be used for
military-related development or the production of advanced weapons.

Royal Team Corp president Liu Ker-hua, general manager Liu Chen-yi
and sales representative Chen Shu-chen all cooperated with
prosecutors during questioning and admitted to the violations.

Chang said that the three defendants violated Article 27 of the
Foreign Trade Act and could face a potential sentence of up to two
years and a fine of up to NT300,000(US$89,00).

But since the three defendants do not have criminal records and as
they promised prosecutors there would be no repeat of the violation
in the future, Chang suggested in his indictment that judges suspend
the defendants' sentences, meaning that the charges would be dropped
if the defendants do not reoffend during the duration of the
suspension.

END ARTICLE


8. (SBU) On December 19, the EXBS Advisor met with the Kaoshiung
Customs, the Kaoshiung Harbor Police, and the Kaoshiung Harbor
Bureau. The main purposes for the meetings were to express
appreciation for their support and attendance at EXBS programs and
to seek information on the types of programs that would be most
useful to Taiwan's enforcement personnel. The EXBS Advisor also met
with the U.S. Container Security Initiative Team in Kaoshiung.


9. (SBU) On December 20, Economic Chief and the EXBS Advisor met
with officials of BOFT. The first part of the meeting was with Wu
Hsin-Hua (James),Deputy Director General of BOFT and staff. The
second part of the meeting was with just Huang Chih-Peng, Director
General of BOFT. During both parts of the meeting, the Advisor
briefly explained EXBS goals in Taiwan and expressed gratitude for
such high level attention and support for the training programs.
The Advisor also informed BOFT that the EXBS focus for 2008 would be
on programs related to industry awareness, such as the Internal
Control Program and Denied Parties Screening Tool software
developments. They seemed interested and impressed that EXBS would
be able to fund such software developments. Both DDG Wu and DG
Huang were familiar with EXBS and Gameplan objectives. They both
conveyed continued support and appreciation for EXBS trainings
conducted for Taiwan.


B. BLUE LANTERN:

(U) On December 27, the EXBS advisor conducted a site visit
pursuant to a Blue Lantern Check request and reported results to
State/PM/DDTC.


C. TRAINING CONDUCTED DURING REPORTING PERIOD:

(U) No training was conducted during the reporting period.

III. UPCOMING TRAINING:


1. (U) A three-day Commodity Identification Training program,
implemented by the Department of Energy, is being planned for
February 2008 in Kaohsiung.


2. (SBU) A two-day Wassenaar Arrangement Update Meeting, lead by
State/ISN/CATR, is notionally scheduled for the first week of March

2008.


3. (U) Preparatory meetings for Internal Control Program and Denied
Persons Screening Tool software development are being planned for
the end of March to April time frame.

IV. UPCOMING MEETINGS


1. (SBU) On January, the Advisor will speak at the monthly meeting
of Keelung Harbor Police on EXBS programs. Approximately 60 police
personnel are expected to attend.


2. (SBU) On January 31, the EXBS Advisor will attend the
Taiwan-Japan Industry Outreach Seminar.


V. RED FLAG ISSUES:

None.

POC for this report is Mi-Yong Kim, EXBS Advisor.
Telephone +886 2 2162 2347.

YOUNG