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

UNCLAS STATE 102227 SIPDIS MADRID FOR E. STROTHER MURRAY E.O. 12958: N/A TAGS: ETTC KOMC SP SUBJECT: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK ON APPLICATION 050191953 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 Embassy's assistance in conducting a pre-license check on application 050191953 for the export of night vision devices (NVDs) to Spain. 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: sensitive commodity and potential for diversion and misuse. Also, foreign consignee, Suministros Peninsulares Importados S.L. (SPI) has not appeared on previous licenses nor have the company's bona fides been verified by a Blue Lantern check. ¶4. ACTION MADRID: Post is requested to make inquiries with appropriate officials to determine if the Spanish Army ordered the NVDs from SPI and if so, verify the exact amount and dollar value, and that the items will be used for the purpose stated on the license. PM/DTCC also requests that post conducts a site visit to SPI in order to provide Department with an assessment of its business operations and on-site security. Finally, post is asked to assess whether the company appears to be a reliable recipient of United States Munitions List (USML) items. If a site visit is not possible, please inform the PM/DTCC officer. The following questions are provided as suggested guidance: SPANISH ARMY --Can the Spanish Army confirm the existence of a contract or purchase order with SPI for the full quantity and dollar value of these image intensifier tubes (IITs)? --Can the Spanish Army confirm end-use of the IITs (to replace intensifiers in existing AN/PVS-14s)? SPI --Does the company have an existing contract with the Spanish Army for this proposed transaction? Please verify the precise number of IITs sought by the Spanish Army. --Does the company have secure facilities and proper accounting and security procedures for handling sensitive USML items? --What is the exact end-use for this USML item? Will SPI retain positive control over the IITs at all times prior to their transfer to the Spanish Army? --When was the company established and who are its principals? --What is the nature of its business -- what type of items does it handle, does it serve as a broker? --What type of organizations are among its typical customers and where are the customers located? --Does the company understand the restrictions on USML items, especially the prohibition against unauthorized re-transfers and re-exports? --Does the company understand the restrictions on the unauthorized stockpiling of USML items? END ACTION ¶5. Details of the license application: DTC Case: 050191953 QUANTITY/COMMODITY: 30 Image Intensifier Tubes, F9815 Type (MX11769),Gen III, FOM 1600 License Value: USD 78,000.00 SELLER: N-Vision Optics LLC 220 Reservoir Street Suite 26 Needdham, MA 02494 POC is Olga Rivkin, Tel. 708-505-8360 ext. 3101 FOREIGN CONSIGNEE: Suministros Peninsulares Importados S.L. c/Villaconejos 6F Nave 34 P.I Ventorro Del Cano Alcoron (Madrid) Spain POC is General Manager, Antonio Rubio Rubio, Tel. 91 512 08 73 FOREIGN END-USER: PSMASACOM Carretera M40 37, 100 Madrid Spain POC is Sr. Colonel Jefe Del PCMASACOM, D. Jose Ruperez Martinez, No Tel. provided PURPOSE: Image intensifiers will be used by the Spanish Army (PCMASACOM) to replace intensifiers in existing AN/PVS-14s. ¶6. Submitted in support of the license application were the following documents (PM/DTCC can fax documentation to post upon request): --DSP-83 Nontransfer and Use Certificate submitted by the Spanish Army signed by Coronel Jefe D. Jose Ruperez Martinez and by SPI General Manager, Antonio Rubio on 31 August 2009. --Purchase Order No. 511 submitted by SPI on 2 September 2009, (illegible signature). --End Use Statement submitted by PCMASACOM, signed by Sr. Coronel Jefe Del PCMASACOM, D. Jose Ruperez Martinez and by General Manager SPI, Antonio Rubio Rubio on 31 August 2009. ¶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. CLINTON