Identifier
Created
Classification
Origin
09BERLIN404
2009-04-03 14:13:00
SECRET
Embassy Berlin
Cable title:
(S) GERMANY UNDERCUTS USG AUSTRALIA GROUP DENIAL
how-toVZCZCXYZ0019 PP RUEHWEB DE RUEHRL #0404 0931413 ZNY SSSSS ZZH P 031413Z APR 09 FM AMEMBASSY BERLIN TO RUEHC/SECSTATE WASHDC PRIORITY 3770 INFO RUCNFRG/FRG COLLECTIVE RUEHNE/AMEMBASSY NEW DELHI 0562
S E C R E T BERLIN 000404
SIPDIS
STATE FOR ISN/CB (KRISTEN GASS) AND EUR/CE
STATE FOR EUR/CE PETER SCHROEDER
E.O. 12958: DECL: 04/03/2034
TAGS: PARM PINR ETTC CBW IN IR GM
SUBJECT: (S) GERMANY UNDERCUTS USG AUSTRALIA GROUP DENIAL
BY APPROVING EXPORT TO UNITED PHOSPHORUS LTD
REF: A. 08 BERLIN 1146
B. 08 BERLIN 973
C. 08 STATE 85368
D. 08 BERLIN 1096
E. 08 BERLIN 1103
Classified By: Global Affairs Unit Chief Don L. Brown for
reasons 1.4 (b) and (d).
S E C R E T BERLIN 000404
SIPDIS
STATE FOR ISN/CB (KRISTEN GASS) AND EUR/CE
STATE FOR EUR/CE PETER SCHROEDER
E.O. 12958: DECL: 04/03/2034
TAGS: PARM PINR ETTC CBW IN IR GM
SUBJECT: (S) GERMANY UNDERCUTS USG AUSTRALIA GROUP DENIAL
BY APPROVING EXPORT TO UNITED PHOSPHORUS LTD
REF: A. 08 BERLIN 1146
B. 08 BERLIN 973
C. 08 STATE 85368
D. 08 BERLIN 1096
E. 08 BERLIN 1103
Classified By: Global Affairs Unit Chief Don L. Brown for
reasons 1.4 (b) and (d).
1. (S) Germany has decided to approve the export of ref E
Australia Group (AG)-listed items to the Indian firm United
Phosphorus LTD. After carefully weighing U.S. proliferation
concerns, they cited an insufficient legal basis for denial.
On April 1, EconOff met with MFA Export Control Division
Deputy Office Director, Markus Klinger, on an unrelated
proliferation case and used this opportunity inquire about
the status this export case. After a lengthy explanation by
Klinger of the difficult legal situation a denial of this
export would put Germany in, he finally stated that the
export had been approved.
COMMENT
--------------
2. (S) During the meeting, Klinger appeared reluctant to
admit that the German Export Control Authority (BAFA)
approved the export and keen to show that he had worked
diligently to make a case for the denial. In the end, the
legal climate in Germany preserving the presumption of German
companies, right to export won over. BAFA simply felt that
Germany would have been vulnerable to litigation if they had
denied the export.
Koenig
SIPDIS
STATE FOR ISN/CB (KRISTEN GASS) AND EUR/CE
STATE FOR EUR/CE PETER SCHROEDER
E.O. 12958: DECL: 04/03/2034
TAGS: PARM PINR ETTC CBW IN IR GM
SUBJECT: (S) GERMANY UNDERCUTS USG AUSTRALIA GROUP DENIAL
BY APPROVING EXPORT TO UNITED PHOSPHORUS LTD
REF: A. 08 BERLIN 1146
B. 08 BERLIN 973
C. 08 STATE 85368
D. 08 BERLIN 1096
E. 08 BERLIN 1103
Classified By: Global Affairs Unit Chief Don L. Brown for
reasons 1.4 (b) and (d).
1. (S) Germany has decided to approve the export of ref E
Australia Group (AG)-listed items to the Indian firm United
Phosphorus LTD. After carefully weighing U.S. proliferation
concerns, they cited an insufficient legal basis for denial.
On April 1, EconOff met with MFA Export Control Division
Deputy Office Director, Markus Klinger, on an unrelated
proliferation case and used this opportunity inquire about
the status this export case. After a lengthy explanation by
Klinger of the difficult legal situation a denial of this
export would put Germany in, he finally stated that the
export had been approved.
COMMENT
--------------
2. (S) During the meeting, Klinger appeared reluctant to
admit that the German Export Control Authority (BAFA)
approved the export and keen to show that he had worked
diligently to make a case for the denial. In the end, the
legal climate in Germany preserving the presumption of German
companies, right to export won over. BAFA simply felt that
Germany would have been vulnerable to litigation if they had
denied the export.
Koenig