Identifier
Created
Classification
Origin
09STATE38565
2009-04-17 20:50:00
CONFIDENTIAL
Secretary of State
Cable title:  

RESPONSE TO RUSSIAN CONCERNS ABOUT UNLICENSED

Tags:  PGOV PREL ETTC ETRD MASS RS 
pdf how-to read a cable
VZCZCXYZ0001
RR RUEHWEB

DE RUEHC #8565 1072109
ZNY CCCCC ZZH
R 172050Z APR 09
FM SECSTATE WASHDC
TO AMEMBASSY MOSCOW 9502
C O N F I D E N T I A L STATE 038565 

SIPDIS

E.O. 12958: DECL: 04/17/2019
TAGS: PGOV PREL ETTC ETRD MASS RS
SUBJECT: RESPONSE TO RUSSIAN CONCERNS ABOUT UNLICENSED
PRODUCTION OF KALASHNIKOVS

REF: MOSCOW 285

Classified By: EUR Acting DAS Anita Friedt,
Reasons 1.4 (b) and (d)

C O N F I D E N T I A L STATE 038565

SIPDIS

E.O. 12958: DECL: 04/17/2019
TAGS: PGOV PREL ETTC ETRD MASS RS
SUBJECT: RESPONSE TO RUSSIAN CONCERNS ABOUT UNLICENSED
PRODUCTION OF KALASHNIKOVS

REF: MOSCOW 285

Classified By: EUR Acting DAS Anita Friedt,
Reasons 1.4 (b) and (d)


1. (C) Background: On several occasions since December 2008,
the Government of Russia (GOR) has raised with us concerns
about the unlicensed production of Kalashnikov rifles by U.S.
companies, particularly Arsenal Inc. The GOR wants to
protect the intellectual property rights of its arms
manufacturers and is concerned that Arsenal Inc. and other
companies like it could export large quantities of these
unlicensed Kalashnikovs to countries that are unfriendly to
Russia, such as Georgia. The U.S. has conducted an extensive
investigation into this and has not found any violation of
U.S. export control laws. If Russia believes that violations
of intellectual property laws have occurred they should
contact appropriate U.S. law enforcement officials or seek
civil remedies through the U.S. court system.


2. (C) Action Request: Post is instructed to provide the
nonpaper (a Russian translation will be provided sep) in para
three to appropriate host-nation officials. In doing so post
should pursue the following objectives:

-- Share with appropriate Russian officials the results of
our investigation into the information provided in the
nonpaper from December 2008 and again in February 2009.

-- Emphasize our agreement that disregard for intellectual
property rights, including via patent infringement, is a
serious problem.

-- As appropriate, request additional information on any
potential violations of U.S. export control laws.


3. (SBU) Begin talking points/non-paper:

-- In response to your concerns raised in December 2008 and
February 2009 regarding the possibility that unlicensed
production of Soviet/Russia-developed weapons may be
occurring in the United States, we have conducted a thorough
investigation and would like to inform you of our findings.

-- We agree that disregard for intellectual property rights,
including via patent infringement, is a serious problem that
crosses international borders.

-- We also agree that the international black market in arms
is a serious problem. The United States Government has a
comprehensive legal framework for controlling the import and
export of defense articles and defense services. Under the
Arms Export Control Act and the International Traffic in Arms
Regulations, manufacturers and exporters of defense articles
and defense services must comply with export control
requirements.

-- Based on the information you provided, we have not been
able to identify any violations of the Arms Export Control
Act, the International Traffic in Arms Regulations, or other
U.S. export control laws and regulations by the company you
specified, Arsenal Inc.

-- If you have additional information suggesting a violation
of U.S. export controls by any company, we would of course
appreciate receiving such information and would investigate
it promptly.

-- If you believe that criminal violations of intellectual
property laws have occurred, we would welcome additional
information, and we could facilitate a further investigation
with appropriate USG agencies.

-- If you believe that patent rights are being infringed,
civil remedies are available through our court system.


END POINTS


4. (U) POINT OF CONTACT: Washington POC for follow-up and
further information is Matt Hardiman, EUR/PRA.


5. (U) Department thanks Post for its assistance. Please
slug all responses for EUR/PRA, EUR/RUS, L/EB, and EEB.
CLINTON