BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK

UNCLAS STATE 135215 SIPDIS BOGOTA FOR MEGAN L. SELMON E.O. 12958: N/A TAGS: ETTC KOMC CO SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK ON LICENSE 050116033 REF: 2006 BLUE LANTERN GUIDEBOOK ¶1. This is an Action Request. See paragraphs 2-4. ¶2. The Department's Office of Defense Trade Controls Compliance (PM/DTCC) requests post's assistance in conducting a post-shipment check on application 050116033 for the export of aiming circle sets to Colombia. Post is requested to complete this Blue Lantern check within 45 days. Lack of response to a Blue Lantern check will affect pending and future licenses involving parties to this license. ¶3. Reason for request: Sensitive commodity and unfamiliar foreign consignee, Comercializadora Internacional Texman Ltda. The company has not appeared on previous licenses nor have the bona fides of the company been verified by a Blue Lantern check. ¶4. ACTION BOGOTA: Embassy is requested to make inquiries with appropriate host government officials to determine if the Colombian MoD ordered and has received the aiming circle sets and if so, confirm that the articles will be used for the purpose stated on the license. Automated Export Data (AES) indicates that items worth $125,048 were shipped from the U.S. on 9 September 2008. Department also requests that Embassy make appropriate inquiries to verify the bona fides of foreign consignee Comercializadora Internacional Texman Ltda., and to confirm the legitimacy of this transaction. PM/DTCC also requests that post conducts a site visit to the company in order to provide Department with an assessment of its business operations and on-site security. Finally, post is asked to assess whether the company appears to be a reliable recipient of USML items. If a site visit is not possible, please inform the PM/DTCC officer. The following questions are provided as suggested guidance: --Does the company have supporting documentation for this proposed transaction? --Does the company have secure facilities and proper accounting and security procedures for handling sensitive USML items? --Will Comercializadora Internacional Texman Ltda. retain positive control over the aiming circle sets at all times? --When was the company established and who are its principals? --What is the nature of its business -- what type of items does it handle, does it serve as a broker? --What type of organizations are among its typical customers and where are the customers located? --Does the company understand the restrictions on United States Munitions List (USML) items, especially the prohibition against unauthorized re-transfers and re-exports? END ACTION ¶5. Details of license application: DTC Case: 050116033 QUANTITY/COMMODITY: 11 Aiming Circle Set (Surveying Set) P/N M2A2 License Value: USD 125,048.00 SELLER: DM Aircraft Service, Inc. 8000 NW 31 Street suite 18 Miami, FL 33122 POC is Salvador Sanchis, Tel. 305-593-5799 FOREIGN CONSIGNEE: Comercializadora Internacional Texman Ltda. Carrera 28. No 48-20 Bogota Colombia POC is Director, Anthony Musumeci, Tel. 32322860/323 39 01 FOREIGN END-USER: Colombia Ministry of Defense Ejercito Nacional Ebarcaduria Militar Deposito Habilitado Bogota Colombia POC is Chief of Logistics Colombian Army, BG Jairo Alfonso Aponte Prieto, No Tel. provided PURPOSE: Aiming instrument will be used to measure azimuth and elevation angles of ground or aerial targets to be used by the Colombian Army for counternarcotics operations, border patrol and anti-terrorist operations. ¶6. Submitted in support of the license application were the following documents (PM/DTCC can fax documentation to post upon request): --DSP-83 Nontransfer and Use Certificate submitted by the Colombian Army, signed by Chief of Logistics Colombian Army, BG Jairo Alfonso Aponte Prieto on 4 June 2008; Second in Command of the Colombian Army, MG Carlos Lemus Padraza on 4 June 2008; and Director of Comercializadora Internacional Texman Ltda., Anthony Musumeci on 7 February 2008 --Purchase Order (no designation) submitted by Comercializadora Internacional Texman Ltda. on 15 May 2008, illegible signature ¶7. Please slug reply for PM/DTCC - BLUE LANTERN COORDINATOR and include the words "Blue Lantern" and the case number in the subject line. PM/DTCC can fax documentation to post upon request. POC is Tim Mazzarelli, Phone: 202-663-3867; Email: MazzarelliTP@state.gov; SIPRNET: MazzarelliTP@state.sgov.gov. The Blue Lantern Guidebook (ref) is available as a PDF file in the Bunche Library's E-Book Collection on the DOS Intranet: http://buncheelectroniclibrary.state.gov/eboo ks/ BlueLanternGuidebook2006%20 final .pdf ¶8. Department is grateful for post's assistance in this matter. RICE