BLUE LANTERN RESPONSE: POST-SHIPMENT END-USE CHECK

UNCLAS BERLIN 000895 SENSITIVE SIPDIS STATE FOR PM/DTCC - BLUE LANTERN COORDINATOR (BALLARD) PRAGUE FOR PATRICK ELLSWORTH STATE FOR EUR/CE PETER SCHROEDER E.O. 12958: N/A TAGS: ETTC KOMC GM SUBJECT: BLUE LANTERN RESPONSE: POST-SHIPMENT END-USE CHECK ON LICENSE 050171972 REF: STATE 67106 ¶1. (SBU) We assess BHV Aviation Consultants GmbH is in compliance with USML controls and a reliable recipient/handler of USML items in regards to Blue Lantern end-use check 050171972; the export of aviation equipment for use with Mi117 helicopters to the Czech Republic. BHV Aviation Consultants CEO, Nadir D'Afganistan, provided EconOff with written response to ref inquiries, ISO certification from the German Accreditation Council, and faxed export license information from Transaero Inc. (ref B). The Embassy independently verified with a Rheinland-Pfalz district court that BHV Aviation Consultants GmbH has valid registration as a German enterprise. ABOUT BHV AVIATION CONSULTANTS GMBH -------------- ¶2. (SBU) BHV Aviation Consultants GmbH, has been a business registered under German law since 2001 and specializes in the distribution of safety and survival equipment. They distribute mainly helmets, oxygen masks, distress markers, immersion suits, and life vests. D'Afganistan said his company limits sales to EU countries and their normal customers are EU militaries and local law enforcement agencies. RELATIONSHIP WITH TRANSAERO, GLOMEX, AND CZECH MOD -------------- -------------- ¶3. (SBU) D'Afganistan said BHV has served as a European supplier for Transaero Inc. since 2003 and supplied EconOff with export license documentation (ref B) for this transaction detailing the relationship between TransaeroInc., BHV Aviation Consultants GmbH, Glomex MS, and the Czech Republic MOD. D'Afganistan said the Czech MOD normally only issues orders with locally approved companies of which Glomex MS is an approved Czech MOD supplier. D'Afganistan affirmed that his company is not/not paying Glomex MS any commissions/fees nor is BHV Aviation receiving any commissions/fees for this transaction. SITE SECURITY FOR USML ITEMS -------------- ¶4. (SBU) D'Afganistan emphasized that the items received from Transaero Inc. in this transaction are neither significant military items nor classified equipment. He said the items will likely remain in BHV's warehouse before being shipped to the end-user or intermediate consignee and affirmed that BHV's storage facilities are both electronically and mechanically secured. D'Afganistan also pointed out that his company is a current supplier to the German military and their warehouse is approved by the German Office for Weapons Technology and Procurement (BWB). D'Afganistan said he is familiar with USG regulations governing the import of US-origin defense articles. VERIFICATION WITH GERMAN AUTHORITIES -------------- ¶5. (SBU) EconOff checked with the German Ministry of Economics (BMWi),Federal Office for Export Control (BAFA) and local courts to verify the legitimacy of BHV Aviation Consultants GmbH as a German enterprise and exporter of defense related items. Neither BMWi nor BAFA had any record of BHV Aviation Consultants GmbH; however, this is not surprising as BHV Aviation would likely not have needed any export control licenses for the items they distribute. On July 23, EconOff verified with the Rheinland-Pfalz District Court Montabaur that BHV Aviation Consultants GmbH is registered as an enterprise under German law (registration number HRB 20704). In addition, the supplied ISO accreditation (ref B) from the German Accreditation Council further supports BHV's legitimacy. Bradtke