BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK

UNCLAS STATE 074676 SIPDIS KUALA LUMPUR FOR WYNN S. PINKSTON E.O. 12958: N/A TAGS: ETTC KOMC MY SUBJECT: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK ON APPLICATION 050111997 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 pre-license check on application 050111997 for the export of night vision goggles to Malaysia. 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 applications involving parties to this license. ¶3. Reason for request: unfamiliar foreign consignee, Anafield Sdn Bhd, and large quantity of sensitive items being exported to a region of concern. ¶4. ACTION: Post should make appropriate inquiries to verify the bona fides of Anafield Sdn Bhd, to confirm that the Malaysia Ministry of Home Affairs did in fact order the exact type and quantity of night vision goggles listed on this application, and to obtain a more precise description of the intended end-use. Department requests that post conduct a site visit to Anafield Sdn Bhd in order to provide the Department with an assessment of its business operations and on-site security. If a site visit is not possible, please inform PM/DTCC case officer. The following questions are provided as suggested guidance: For the Malaysia MOD (POC Suhami bin Abdullah, tel. 03-8886 8000): --Are you familiar with Anafield Sdn Bhd? --Did you order from Anafield Sdn Bhd the exact type and quantity of items listed on this application? --Is Anafield an official supplier/contractor for the Malaysia MOD? Does the Malaysia MOD have any other contracts with the company? For Anafield Sdn Bhd (POC Mohd-Noor B Yusoff, tel. 03-2273 8652): --Does the company have proper supporting documentation, including purchase orders from the Malaysia MOD, for this proposed transaction? --Will the company be handling or storing the items listed on the application? If so, does it have secure facilities and proper accounting and security procedures for handling these sensitive USML items? --When was the company established and who are its principals? --What is the nature of its business -- what types of items does it handle, does it serve as a broker? --What types 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? --Finally, post is asked to assess whether the company appears to be a reliable recipient of USML items. END ACTION ¶5. For background, the following details of the license in question are provided: DTC Case: 050111997 QUANTITY/COMMODITY: 150 ATN NVM14-3l Night Vision Monocular, Generation 3, Figure of Merit less than 1250 120 ATN NightShadow-3l Night Vision binocular, Generation 3, Figure of Merit less than 1250 100 ATN PS22-3l Night Vision Front Sight, Generation 3, Figure of Merit less than 1250 License Value: USD 1,722,280.00 SELLER: American Technologies Network, Corp. 1341 San Mateo Avenue South San Francisco, CA 94080 Company contact: James Scott Munn, tel. 650-989-5106, ext. 106 FOREIGN CONSIGNEE: Anafield Sdn Bhd Lot 3-M, Sentral Exhibition Mall Jalan Tun Sambanthan 50470 Kuala Lumpur Malaysia Tel.: 603 2273 8652, 603 2274 2548 Fax: 603 2273 5781 E-Mail: anafield@sireamyx.com FOREIGN END-USER: Ketua Penolong Pengarah Jabatan Logistik Bekalan Kompleks SMS Polis Diraja Malaysia Jalan U1, 40510 Shah Alam Selangor MY Kementerian Keselamatan Dalam Negeri Ministry of Home Affairs Malaysia Bahagian Perolehan Level 5, Procurement Department, Blok D1, Federal Government Administrative Center 62546 Putrajaya Malaysia Tel.: 6 03-88863000 Fax: 6 03-88810184 PURPOSE: Will be used by the Royal Malaysian Police (as a scope for police service weapon) ¶6. Submitted in support of the license application were the following documents (PM/DTCC can fax documentation to post upon request): --Nontransfer and Use Certificate (Form DSP-83),signed by Mohd-Noor B Yusoff, Managing Director, Anafield Sdn Bhd, dated January 20, 2008; and signed by Suhaimi bin Abdullah, Bahagian Perolehan, Keselamatan Dalam Negeri, dated Sept. 27, 2007 --Lesen Membawa Masuk Senjata-Senjata Dan Peluru (Licence to Import Arms and Ammunition) no. 520904-10-5673, licensing officer's serial no. 5/2008, signed by Zainuddin bin Ahmad, Ketua Polis Daerah, Sentul, Kuala Lumpur, dated 18/3/2008 --End Use Statement by Ministry of Internal Security, Kementerian Keselamatan Dalam Negeri, Bahagian Perolehan, signed by Suhaimi bin Abdullah, undated --Purchase order no. ANA-01/1004 from Anafield to American Technologies Network Corp., signed by Mohd Noor B Yusoff, dated 16-Jan-08 --Cover letter from American Technologies Network Corp. explaining proposed transaction, signed by James Munn, dated June 30, 2008 --Product brochures, including technical specifications and drawings ¶7. Please slug reply for PM/DTCC - BLUE LANTERN COORDINATOR and include the words "Blue Lantern" and the case number in the subject line. 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