BLUE LANTERN LEVEL 3: POST-LICENSE/PRE-SHIPMENT

UNCLAS STATE 067106 SIPDIS PRAGUE FOR PATRICK ELLSWORTH BERLIN FOR SHANE PETERSEN E.O. 12958: N/A TAGS: ETTC KOMC EZ GM SUBJECT: BLUE LANTERN LEVEL 3: POST-LICENSE/PRE-SHIPMENT END-USE CHECK ON LICENSE 050171972 ¶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 post-license/pre-shipment check on license 050171972 for the export of aviation equipment to the Czech Republic. 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: A fax provided to PM/DTCC between the U.S. applicant and BHV Aviation Consultants mentions the involvement of Czech company Glomex MS in this transaction. Glomex MS was not/not listed on the actual license application. Furthermore, the bona fides of BHV Aviation Consultants have not been established despite having appeared on several licenses in the past. ¶4. Action Prague: Post is requested to determine what role, if any, is played by Czech company Glomex MS and to establish the company's bona fides by making inquires to representatives of the company and appropriate authorities in the Czech government. Post is also requested to verify this transaction with the Ministry of Defense of the Czech Republic. The following points are included for guidance: (To the Czech MOD) --Can you confirm the order of all the defense articles listed below? --What role, if any, is Glomex MS playing in this transaction? Is Glomex MS receiving any commissions or fees as a result of this transaction? What role is German company BHV Aviation playing in this transaction? Is BHV Aviation receiving any commissions or fees as a result of this transaction? (To Glomex MS) --When was your company established and who are its principals? --What products and services does your company provide? Who are your regular customers and where do they reside? --What is your relationship with Transaero in the United States? What are the terms of the agreement between your company and Transaero in this transaction? --What is your relationship with BHV Aviation Consultants in Germany and/or the MOD of the Czech Republic? What are the terms of the agreement between you and BHV Aviation/MOD in this transaction? What role is BHV Aviation playing in this transaction? What role is your company playing in this transaction? Are you paying BHV Aviation any fees or commissions for its services in this transaction? --Are you receiving any fees or commissions for your services in this transaction? If so, please provide details and documentation. --Will you ever have physical possession of the defense articles? If so, please describe your inventory and security procedures. --Are you familiar with the regulations governing the import of U.S.-origin defense articles, including restrictions on re-transfer or re-export? (To GOCR Export/Import Authorities) --Is Glomex MS properly authorized to broker, import, and/or sell defense articles in the Czech Republic? --Do you have any information on Glomex MS that would question their reliability as a recipient or broker of U.S. defense articles? In its reply, Post may also comment on any other information pertinent to these transactions such as security of facilities, end-use, and concerns about the entities involved. ¶5. Action Berlin: Post is requested to establish the bona fides of BHV Aviation Consultants by making inquires to representatives of the company and appropriate authorities in the German government. Post is also requested to verify the nature of the relationship between BHV Aviation and Czech company Glomex MS and determine the role played by BHV Aviation in this transaction. The following points are included for guidance: (To BHV Aviation Consultants) --When was your company established and who are its principals? --What products and services does your company provide? Who are your regular customers and where do they reside? --What is your relationship with Transaero in the United States? What are the terms of the agreement between you and Transaero in this transaction? --What is your relationship with Glomex MS and/or the MOD in the Czech Republic? What are the terms of the agreement between you and Glomex MS/MOD in this transaction? What role is Glomex MS playing in this transaction? What role is your company playing in this transaction? Are you paying Glomex MS any fees or commissions for its services in this transaction? --Are you receiving any fees or commissions for your services in this transaction? If so, please provide details and documentation. --Will you ever have physical possession of the defense articles? If so, please describe your inventory and security procedures. --Are you familiar with the regulations governing the import of U.S.-origin defense articles, including restrictions on re-transfer or re-export? (To GOG Export/Import Authorities) --Is BHV Aviation properly authorized to broker, import, and/or sell defense articles in Germany? --Do you have any information on BHV Aviation that would question their reliability as a recipient or broker of U.S. defense articles? In its reply, Post is encouraged to comment on any information pertinent to this transaction such as security of facilities, end-use, and concerns about the entities involved. ¶6. Details of license applications: DTC Case: 050171972 QUANTITY/COMMODITY: 30 Personal Helicopter Oxygen Delivery Systems 1 Fill Adapter 1 Oral-Nasal Mask Assy - Small 1 Oral-Nasal Mask Assy - Medium 1 Oral-Nasal Mask Assy - Large 1 Oxygen Mask Microphone Training for Operation & Maintenance 1 Aqualung Operation & Maintenance Manual Aqualung Acceptance Test Procedures License Value: USD $98,996 SELLER: Transaero Inc 35 Melville Park Road Suite 100 Melville, NY 11747 LISTED FOREIGN CONSIGNEE: BHV Aviation Consultants GmbH Beuelsrast, 4 53572 Bruchhausen Germany Tel: 49 (0) 2224 9880884 POTENTIAL UNLISTED FOREIGN INTERMEDIATE CONSIGNEE Glomex MS S.R.O. Pod Klaudiankou 1018 147 00 Prague 4 Tel: No number provided FOREIGN END-USER: Ministry of Defense of the Czech Republic Tychonova 1 160 01 Prague 6 Czech Republic PURPOSE: Pilot protection, used on Mi117 helicopters ¶7. Submitted in support of the license application were the following documents (PM/DTCC will fax documentation to Posts upon request): Purchase Order Reference No. BE0900031 Issued by BHV Aviation Consultants dated 27 May 2009. Contact listed is Nadir DAfghanistan. Fax between BHV Aviation and Transaero Inc listing Country of Destination (Czech Republic),End-User (Czech MOD), Intermediate Consignee (Glomex MS),Use (pilot protection), and Freight Forwarder (UPS / Alba Wheels Up) signed by Britta Ullah of BHV Aviation dated 28 May 2009. ¶8. 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 Kyle M. Ballard, Phone: 202-663-1929; Email: BallardKM@state.gov; SIPRNET: BallardKM@state.sgov.gov. The Blue Lantern Guidebook (ref) is available as a PDF file on Intellipedia: http://www.intelink.gov/wiki/ Blue Lantern End-Use Monitoring Program ¶9. Department is grateful for Post's assistance in this matter. CLINTON