(C) PROVIDING GERMANY WITH NON-PAPER FOR USE IN

C O N F I D E N T I A L STATE 030857

SIPDIS


E.O. 12958: DECL: 03/25/2033
TAGS: PARM MTCRE PREL ETTC GM SY

SUBJECT: (C) PROVIDING GERMANY WITH NON-PAPER FOR USE IN
COURT PROCEEDINGS RELATED TO A GERMAN EXPORT TO SYRIA

REF: A. 07 STATE 131559


B. 07 BERLIN 001770

C. 07 STATE 135366

D. 07 BERLIN 002164

Classified By: ISN/MTR DIRECTOR PAM DURHAM.
REASONS 1.5 (B),(C) AND (D).


1. (U) This is an action request. Embassy Berlin, please
see paragraph 4.


2. (C) On September 19, 2007, the U.S. alerted German
authorities to a maritime shipment of 17 Mercedes-Benz trucks
from Germany to Syria's Scientific Studies and Research
Center (SSRC),which is the lead agency involved in Syria's
ballistic missile and WMD programs (Ref A). Per Ref C,
because these trucks could potentially be modified for use in
missile applications, Germany immediately took measures to
prevent this transfer, including issuing an individual
interdiction order to the German transfer company prohibiting
delivery of the trucks and enlisting the Polish government's
assistance to instruct the Polish shipper not to offload the
cargo in Syria. Despite these efforts, these trucks were
ultimately delivered following the intervention of Syrian
authorities, whose actions included blocking the ship from
departing port in Syria until the cargo was offloaded and
having armed Syrian security forces surround the vessel.


3. (C) In November 2007, the German government informed the
U.S. that the transfer company involved in this shipment had
filed a lawsuit against the FRG seeking compensation and
damages from the German government resulting from its actions
to stop this export (Ref D). To support the government's
court case, German officials requested that the U.S.
authorize the release of the Ref A non-paper that prompted
them to act in this case to the Berlin Administrative Court.
The FRG emphasized that this documentation is essential to
persuading the Berlin Administrative Court to rule in the
government's favor and that a positive result in this case
will help facilitate similar actions by the German government
in future interdictions. In response to the FRG's request,
we now want to inform German authorities that the September
2007 non-paper has been cleared for use in these court
proceedings.


4. (C) Action request: Department requests Embassy Berlin
approach appropriate host government officials to inform them
that the nonpaper in paragraph 5 may be shared with the
Berlin Administrative Court. Post should emphasize that
while these points have been released at an unclassified
level, they are only intended for use in the Berlin
Administrative Court proceedings regarding the German
government's actions in this case.


5. (U) Begin talking points/non-paper:

(UNCLASSIFIED)

-- In the spirit of our nonproliferation partnership, we
would like to alert you to a matter of proliferation concern
and request your government's immediate assistance in
investigating this activity.

-- The U.S. has information that the German transfer company
Orient-Schiffahrts Speditionsgesellschaft mbH arranged the
shipment of 17 Mercedes-Benz trucks from Hamburg, Germany to
Latakia, Syria aboard the Maltese-flagged vessel "Wloclawek."

-- We understand that these 17 trucks are consigned to a
company associated with Syria's Scientific Studies and
Research Center (SSRC).

-- As has been discussed extensively at annual Missile
Technology Control Regime (MTCR) Information Exchange
meetings, SSRC is the lead agency involved in Syria's
ballistic missile and WMD programs.

-- We are bringing this to your attention because we
understand that these trucks could be used as launchers or
support vehicles for a developmental short-range ballistic
missile system.

-- Our information indicates that the "Wloclawek" will next
make a port call in Alexandria, Egypt, on September 20 and
that this vessel is scheduled to arrive in Latakia, Syria, on
or about September 23.

-- Because these items likely are intended for use in Syria's
missile program, we request that you immediately investigate
this transfer and consider recalling this shipment to Germany.

-- We look forward to continuing cooperation on
nonproliferation issues and to hearing of any actions you
take in this case at the earliest possible time.


6. (U) Washington POC is ISN/MTR James Mayes (Phone:
202-647-3185). Please slug any reporting on this issue for
ISN and EUR.


7. (U) A word version of this document will be posted
at www.state.sgov.gov/demarche in the "MTAG - EUR"
folder.
RICE


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End Cable Text