BLUE LANTERN PRE-LICENSE END USE CHECK ON TAA

UNCLAS STATE 005981 SIPDIS SIPDIS FOR POL OLIVER J. MOSS E.O. 12958: N/A TAGS: ETTC KOMC UK SUBJECT: BLUE LANTERN PRE-LICENSE END USE CHECK ON TAA 3645-07 ¶1. This is an action message. See paragraphs 2-4. ¶2. The Department's Office of Defense Trade Controls Compliance (PM/DTCC) requests post assistance in conducting a pre-license check on a Technical Assistance Agreement (TAA) for the export of technical data associated with GPS to the United Kingdom. Post is requested to complete this Blue Lantern check within 30 days. Lack of response to a Blue Lantern check will affect pending and future licenses involving parties to this license. ¶3. Reason for request: Internet search information shows the Foreign End User, Spirent Communications, as having multiple commercial transactions with Chinese entities. These dealings include sales to the Chinese firm Huawei Technologies, an entity which news reporting describes as having "deep ties" to the People's Liberation Army (PLA). The new TAA includes language from Spirent which states that they sell "their GPS simulation products to USG customers as well as to other EU national governments." TAA also states that "Spirent Comm works through the UK MoD and the US GPS Wing for approvals when they sell the products to customers outside of the US." The latter statement potentially leaves open the possibility that Spirent has sold, or would sell, GPS simulation products to China if the transaction were approved by the UK MoD. PM/DTCC therefore would like to conduct a Blue Lantern check to determine whether or not Spirent has sold GPS simulation products to China, and the extent of UK MoD's knowledge and approval of any such transactions. ¶4. ACTION: Please contact both the Foreign End User, Spirent Communications, and the UK MoD, and make inquires about the sale of GPS simulation products to China. The following questions are provided as suggested guidance. For Spirent Communications: --Has Spirent sold, or offered for sale, any GPS simulation products to China? If yes, please describe which type(s) or model(s),the quantity, dates of transaction, plus the names of all Chinese entities involved in each transaction. --Were all Spirent sales or offers of GPS simulation products to China submitted to the UK MoD for approval? If yes, please provide the dates that these requests were submitted to the UK MoD, the point of contact at the MoD who received the Spirent requests, and the dates of approval or disapproval. If no, please specify of which sales or offers the UK MoD was not notified. --Has Spirent sold any GPS simulation products to China which contained U.S.-origin components? Also, has Spirent sold any GPS simulation products to China containing any elements (design, parts, hardware, software, source code, test equipment, etc.) that were originally based upon or derived from United States Munitions List (USML) technical data, assistance, equipment, or components? --Does Spirent understand the restrictions on USML commodities under the Arms Export Control Act (AECA), particularly with regards to the prohibition against re-transfers or re-exports without express USG authorization? For the UK MoD: --Has Spirent Communications ever requested approval from the UK MoD for sales of GPS simulation products to China? If yes, please provide details about these requests, i.e., how many, dates, type or model of GPS product, name of Chinese entities involved in the transaction, and ultimate MoD decision regarding the proposed or actual sale. --(If no to the above question) Would the UK MoD consider for approval a request by Spirent for the sale of GPS simulation products to China? END ACTION. ¶5. License Information: DDTC Case Number TAA 3645-07 QUANTITY/COMMODITY: 01 Technical Data associated with GPS, including but not limited to Interface Control Documents (ICDs),Interim Revision Notices (IRNs),Test Vectors, Prime Item Development Specifications, Acceptance Test Procedures and Test Programs, Test Data, User Manuals, Software Drivers, and other data necessary to support development of the test equipment interface LICENSE VALUE: USD 100,000.00 APPLICANT: Spirent Holdings Corporation 1300 Veterans Highway Hauppauge, New York 11788 USA SOURCE: Spirent Federal Systems Inc. 22345 La Palma Avenue, Ste. 105 Yorba Linda, California 92887 USA FOREIGN END USER: Spirent Communications PLC Aspen Way, Paignton Devon TQ4 7QR UNITED KINGDOM STATEMENT OF PURPOSE: For developing and selling equipment including GPS simulators and other test equipment by Spirent to their customers, including the U.S. Government. ¶6. Please slug reply for PM/DTCC - BLUE LANTERN COORDINATOR and include the words "Blue Lantern" and the DDTC Case Number in the subject line. POC on this case is Peter Sabatini, PM/DTCC, phone: 202-663-2819; ClassNet email: sabtinipj@state.sgov.gov; OpenNet email: sabatinipj@state.gov. The 2006 Blue Lantern Guide Book is available on OpenNet at http://fsi.state.gov/fsi/spas/default.asp?ID= 1588 Department thanks Post for its assistance in this matter. RICE