(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 NNNN End Cable Text