EXTRANCHECK: PRE-LICENSE CHECK: CENTRAL BOARD OF EXCISE &

UNCLAS NEW DELHI 001072

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: PRE-LICENSE CHECK: CENTRAL BOARD OF EXCISE &
CUSTOMS, NEW DELHI, LICENSE NO. D390319

REF: USDOC 00824


1. Unauthorized disclosure of the information provided below is
prohibited by Section 12(c) of the Export Administration Act.


2. On April 07, 2008, Export Control Officer (ECO) Paul Cushman and
BIS FSN Shailendra Srivastava conducted a Pre-license Check (PLC) at
the Central Board of Excise & Customs (CBEC),New Delhi.


3. BIS requested a PLC at CBEC, a Government of India entity
headquartered at the Hotel Samrat, Kautilya Marg, Chanakyapuri, New
Delhi 110021. CBEC is listed as the ultimate consignee and Tata
Consultancy Services Ltd. (TCS) as the intermediate consignee for
five Integrated Firewall / Virtual Private Networks (VPN) controlled
under ECCN: 5A002. The license applicant is Juniper Networks Inc.,
1194 North Mathilda Avenue, Sunnyvale, California 94089.


4. ECO and FSN Srivastava met with Mr. N. Venkatesh, Additional
Director, and Ms. Somya Dave, Additional Director General, CBEC.
Mr. Randhir Jaiswal, Deputy Secretary, Ministry of External Affairs,
arranged the meeting and was also present at the meeting.


5. The meeting was held at the Office of the Directorate General,
Systems & Data Management, CBEC. Venkatesh stated that he did not
recall any previous visits by BIS officials. In addition, Venkatesh
clarified that CBEC has ordered only three VPNs as opposed to the
five mentioned in the referenced cable.


6. Venkatesh provided copies of the TCS Commercial Bid and CBEC
Purchase Order. When asked for a copy of the end-use statement,
Venkatesh stated that he was unaware of the requirement and TCS had
not requested one (CBEC has had no communication with Juniper
Networks). ECO explained that the end-use statement is an essential
part ofthe export license application and failure to submit one
would delay the application process. He agreed to promptly complete
and forward an end-use statement. Immediately following the
meeting, FSN Srivastava emailed to Venkatesh an electronic copy of
form BIS-711 (Statement by Ultimate Consignee and Qrchaser).


7. Venkatesh stated that the equipment on order will be used to
establish a Virtual Private Network between CBEC's central office
and the other 1200 CBEC offices throughout India. Once installed,
all remote users and authorized agencies will use the Internet to
access various CBEC applications and databases needed to perform
their missions. Of the three systems, one will be installed in New
Delhi, one in Chennai, and the final one at a disaster recovery
site. The systems will be installed and maintained by TCS. CBEC
has already leased space to house the VPNs from Videsh Sanchar Nigam
Limited (VSNL),a Tata subsidiary which is a certified international
telecommunication and Internet Service Provider company. VSNL
facilities provide state-of-the-art physical security, environmental
controls, and uninterrupted power supply.


8. CBEC falls under the Department of Revenue within the Ministry of
Finance. It is responsible for formulating and implementing policy
relating to the levy and collection of Customs and Excise duties as
well as the prevention of smuggling.


9. Recommendation: The Central Board of Excise and Customs appears
to be a suitable recipient of this controlled technology. CBEC
cooperated fully with the BIS Team, has a demonstrated need for the
technology, and understands its responsibilities with respect to the
Export Administration Regulations.
WHITE