TRIAL ON ALLEGED ILLEGAL EXPORTS OF MILITARY GOODS TO IRAQ

UNCLAS DUSSELDORF 000004 SIPDIS SIPDIS STATE FOR ISN, PM, EUR, AND NEA E.O. 12958: N/A TAGS: ETTC KNNP PARM KJUS KISL PTER KPAO KVPR IZ GM SUBJECT: TRIAL ON ALLEGED ILLEGAL EXPORTS OF MILITARY GOODS TO IRAQ REF: A. 06 DUESSELDORF 46 ¶B. 06 DUESSELDORF 48 Sensitive but Unclassified -- Not for Internet Distribution ¶1. (U) An Iraqi-born businessman from Essen, Aso Salih Koyie (47),has been charged with violating an EU arms embargo against Iraq through the 2004 delivery of 78 power generating sets formerly used by the German Army. The trial, which opened before the Essen Regional Court on January 3, continued on January 10 with the questioning of German customs and export control officials, who testified that even if the goods had been "demilitarized" (i.e. stripped of certain components before they were exported),they were still subject to export restrictions under Germany's War Weapons Control Act. ¶2. (SBU) The defendant claimed that the sets were intended for civilian use only, although this still required a certain amount of redesign, which had not yet been done. He also alleged that the U.S. Army in Iraq had rated the goods (which were transported to Iraq by truck via Turkey) as "unproblematic." Further court hearings in this case are scheduled for January ¶25. The presiding judge told us he is confident that he and his colleagues (another full-time judge and two lay judges) will be able to reach a verdict on the same day. ¶3. (U) This trial is the third illegal export case that has been brought before a court in North Rhine-Westphalia within the last year. In December 2006, a Duesseldorf court found an Iranian and a British national guilty of having exported sensitive technology to Iran illegally (reftels). In October 2007, the same court acquitted three defendants who had been charged with having planned the delivery of used Czech fighter planes to Iran for lack of sufficient evidence. According to media reports, Duesseldorf prosecutors plan to appeal the acquittal. ¶4. (U) This message was coordinated with Embassy Berlin. BOYSE