Identifier
Created
Classification
Origin
09STATE128702
2009-12-16 21:12:00
UNCLASSIFIED
Secretary of State
Cable title:
BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK
how-toVZCZCXYZ0023 RR RUEHWEB DE RUEHC #8702 3502114 ZNR UUUUU ZZH R 162112Z DEC 09 FM SECSTATE WASHDC TO RUEHLO/AMEMBASSY LONDON 0000 INFO RUEKJCS/SECDEF WASHINGTON DC RUCPDOC/USDOC WASHINGTON DC 0000 RHMCSUU/FBI WASHINGTON DC 0000 RUETIAA/DIRNSA FT GEORGE G MEADE MD RUEAIIA/CIA WASHINGTON DC
UNCLAS STATE 128702
SIPDIS
LONDON FOR RAMON ESCOBAR
E.O. 12958: N/A
TAGS: ETTC KOMC UK
SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK
ON MANUFACTURING AGREEMENT (MA) 3518-08
REF: 2006 BLUE LANTERN GUIDEBOOK
UNCLAS STATE 128702
SIPDIS
LONDON FOR RAMON ESCOBAR
E.O. 12958: N/A
TAGS: ETTC KOMC UK
SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK
ON MANUFACTURING AGREEMENT (MA) 3518-08
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 check on manufacturing agreement (MA) 3518-08 for the
export of International Traffic in Arms (ITAR)-controlled
technical data and hardware related to components for the
F135 Propulsion System Short-Take-Off/Verticle-Landing
(STOVL) for the F-35 Joint Strike Fighter Program. Post is
requested to complete this Blue Lantern inquiry within 45
days. Lack of response to a Blue Lantern inquiry will affect
pending and future licenses involving parties to this license.
3. Reason for request: Numerous sublicensees. MA 3518-08
authorizes the use of 648 foreign sublicenses by the one
foreign signatory to the Agreement, Rolls Royce. This raises
concern that ITAR-controlled data and hardware may not be
adequately protected or that it may be provided to
unauthorized entities.
4. ACTION: The Department requests that Post make inquiries
with Rolls Royce to assess its compliance with its
obligations under MA 3518-08 with regard to sublicensees and
that it has done an adequate job of notifying its subs of
their ITAR-responsabilities.
The following questions are provided for guidance:
--Have all sublicensees signed Non-Disclosure Agreements
(NDAs) prior to receiving data or hardware, as required by
Article I, Section 4.b of MA 3518-08? Please provide copies.
The NDA template was provided to Rolls Royce under Exhibit 1
to Attachment D of the signed agreement.
--How are sublicensees made aware that the data and/or
hardware they receive under this Agreement is
ITAR-controlled? Per Article II, No. 6 of ITAR 124.9 Required
Clauses, Rolls Royce must incorporate a Destination Control
Statement on all approprite documentation whenever
ITAR-controlled articles are transferred.
--Have the sublicensees been asked if they employ any dual
nationals or third-country nationals who may receive
technical data or hardware related to MA 3518-08? Is there
documentation available that lists those individuals and
their nationalities? Note: Article I, Section 4.c of MA
3518-08 states that following nationalities are permitted
under the Agreement: NATO, European Union, Australia, Japan,
New Zealand, and Switzerland.
--To date, what companies have received data and/or hardware
from Rolls Royce related to the Joint Strike Fighter STOVL
Lift system?
END ACTION.
5. Details of agreement application:
DTC CASE: MA 3518-08 and Amendment A
COMMODITY:
Technical data and hardware related to components for the
F135 Engine Propulsion System Short-Take-Off/Verticle-Landing
(STOVL) for the F-35 Joint Strike Fighter Program.
Agreement Value: 83,060,000.00 USD
US APPLICANT:
United Technologies Corporation
Pratt & Whitney
400 Main Street
East Hartford, CT 06108
Tel: 860-557-3648
POC: Jerry Young
FOREIGN SIGNATORY:
Rolls Royce
65 Buckingham Gate
London SW1E 6AT
England
United Kingdom
PURPOSE:
The scope of this effort entails the provision of F135
Propulsion System technical data and defense services to
enable Rolls Royce to manufacture the STOVL Lift Systems and
parts and components thereof for end-use in the F35
"Lightning II" (aka Joint Strike Fighter) Aircraft.
6. Submitted in support of the license application were the
following documents (PM/DTCC will email documentation to Post
upon request):
--Signed MA 3518-08, dated 2 March 2009.
--Transmittal Letter from United Technologies Corporation
(Pratt & Whitney),dated 29 July 2009
--Proposed Amendment A to Manufacturing Agreement MA 3518-08.
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 Meredith Sundlof. Phone:
202-663-3455; Email: SundlofME@state.gov; SIPRNET:
SundlofME@state.sgov.gov. The Blue Lantern Guidebook (ref)
is available as a PDF file at
http://www.intelink.sgov.gov/wiki/Blue Lantern End-Use
Monitoring Program.
8. Department is grateful for Post's assistance in this
matter.
CLINTON
SIPDIS
LONDON FOR RAMON ESCOBAR
E.O. 12958: N/A
TAGS: ETTC KOMC UK
SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK
ON MANUFACTURING AGREEMENT (MA) 3518-08
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 check on manufacturing agreement (MA) 3518-08 for the
export of International Traffic in Arms (ITAR)-controlled
technical data and hardware related to components for the
F135 Propulsion System Short-Take-Off/Verticle-Landing
(STOVL) for the F-35 Joint Strike Fighter Program. Post is
requested to complete this Blue Lantern inquiry within 45
days. Lack of response to a Blue Lantern inquiry will affect
pending and future licenses involving parties to this license.
3. Reason for request: Numerous sublicensees. MA 3518-08
authorizes the use of 648 foreign sublicenses by the one
foreign signatory to the Agreement, Rolls Royce. This raises
concern that ITAR-controlled data and hardware may not be
adequately protected or that it may be provided to
unauthorized entities.
4. ACTION: The Department requests that Post make inquiries
with Rolls Royce to assess its compliance with its
obligations under MA 3518-08 with regard to sublicensees and
that it has done an adequate job of notifying its subs of
their ITAR-responsabilities.
The following questions are provided for guidance:
--Have all sublicensees signed Non-Disclosure Agreements
(NDAs) prior to receiving data or hardware, as required by
Article I, Section 4.b of MA 3518-08? Please provide copies.
The NDA template was provided to Rolls Royce under Exhibit 1
to Attachment D of the signed agreement.
--How are sublicensees made aware that the data and/or
hardware they receive under this Agreement is
ITAR-controlled? Per Article II, No. 6 of ITAR 124.9 Required
Clauses, Rolls Royce must incorporate a Destination Control
Statement on all approprite documentation whenever
ITAR-controlled articles are transferred.
--Have the sublicensees been asked if they employ any dual
nationals or third-country nationals who may receive
technical data or hardware related to MA 3518-08? Is there
documentation available that lists those individuals and
their nationalities? Note: Article I, Section 4.c of MA
3518-08 states that following nationalities are permitted
under the Agreement: NATO, European Union, Australia, Japan,
New Zealand, and Switzerland.
--To date, what companies have received data and/or hardware
from Rolls Royce related to the Joint Strike Fighter STOVL
Lift system?
END ACTION.
5. Details of agreement application:
DTC CASE: MA 3518-08 and Amendment A
COMMODITY:
Technical data and hardware related to components for the
F135 Engine Propulsion System Short-Take-Off/Verticle-Landing
(STOVL) for the F-35 Joint Strike Fighter Program.
Agreement Value: 83,060,000.00 USD
US APPLICANT:
United Technologies Corporation
Pratt & Whitney
400 Main Street
East Hartford, CT 06108
Tel: 860-557-3648
POC: Jerry Young
FOREIGN SIGNATORY:
Rolls Royce
65 Buckingham Gate
London SW1E 6AT
England
United Kingdom
PURPOSE:
The scope of this effort entails the provision of F135
Propulsion System technical data and defense services to
enable Rolls Royce to manufacture the STOVL Lift Systems and
parts and components thereof for end-use in the F35
"Lightning II" (aka Joint Strike Fighter) Aircraft.
6. Submitted in support of the license application were the
following documents (PM/DTCC will email documentation to Post
upon request):
--Signed MA 3518-08, dated 2 March 2009.
--Transmittal Letter from United Technologies Corporation
(Pratt & Whitney),dated 29 July 2009
--Proposed Amendment A to Manufacturing Agreement MA 3518-08.
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 Meredith Sundlof. Phone:
202-663-3455; Email: SundlofME@state.gov; SIPRNET:
SundlofME@state.sgov.gov. The Blue Lantern Guidebook (ref)
is available as a PDF file at
http://www.intelink.sgov.gov/wiki/Blue Lantern End-Use
Monitoring Program.
8. Department is grateful for Post's assistance in this
matter.
CLINTON