BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK

UNCLAS STATE 077400 SIPDIS CANBERRA FOR JOHN WARNER E.O. 12958: N/A TAGS: ETTC KOMC AS SUBJECT: BLUE LANTERN LEVEL 3: POST-SHIPMENT END-USE CHECK ON LICENSE 050052383 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 post-shipment check on license 050052383 for the export of night vision devices (NVDs) to Australia. Post is requested to complete this Blue Lantern check within 45 days. Lack of response to a Blue Lantern check will affect pending and future licenses involving parties to this license. ¶3. Reason for request: Unfamiliar foreign consignee and end-user, Hunter Region SLSA Helicopter Rescue Service Ltd. (Hunter). The company has appeared on previous licenses but the company's bona fides have not been verified by a Blue Lantern check. Moreover, due to the sensitivity of the equipment and the potential for their diversion or misuse, the Department of State and the Department of Defense have policies of carefully scrutinizing NVD export licenses and taking steps to ensure proper end-use. Provisos attached to these licenses obligate the end-user to secure the NVDs from loss, theft, or unauthorized access, and to perform routine inventory checks by serial number. These records are to be made available for review upon US Government request. ¶4. Action Request: Post is requested to make appropriate inquiries to confirm continued possession by Hunter of the NVDs, to determine the serial numbers of the NVDs, and to verify that all NVDs are secure and being used only for the purpose stated on the license. Department requests that post conduct a site visit, if possible, in order to gather and verify this information and establish the bona fides of unfamiliar foreign end-user, Hunter. If a site visit is not possible, please obtain official written confirmation of receipt and possession and inform PM/DTCC case officer. The following questions are provided as suggested guidance: --Does the company have secure facilities and proper accounting and security procedures for handling sensitive USML items? --What is the exact end-use and who are the end-users for this USML item? --When was the company established and who are its principals? --What is the nature of the company's business? --What type of organizations are among its typical customers and where are the customers located? --Does the company understand the restrictions on United States Munitions List (USML) items, especially the prohibition against unauthorized re-transfer and re-export? END ACTION ¶5. For background, the following details of the license in question are provided: DTC Case: 050052383 QUANTITY/COMMODITY: 5 ITT F4949 AN/AVS-9 Night Vision Goggle including accessories 5 Low profile battery pack counterweight License Value: USD 52,715.00 COMMENT: According to U.S. Customs data, 5 NVDs and related component parts were exported to Australia on 18 August 2008 END COMMENT SELLER: Aviation Specialties Unlimited, Inc. 4632 W. Aeronca St. Boise, ID 83705 POC is Chris Atwood, Tel. 208-287-5389 FOREIGN CONSIGNEE: Hunter Region SLSA Helicopter Rescue Service Ltd. Bavin Rd. Broadmeadow NSW Australia POC is Chief Pilot, Peter Cook, Tel. (02) 4957 2299 FOREIGN END-USER: Hunter Region SLSA Helicopter Rescue Service Ltd. Bavin Rd. Broadmeadow NSW Australia POC is Chief Pilot, Peter Cook, Tel. (02) 4957 2299 PURPOSE: Night vision equipment to be used to improve safety during night air operations missions for a variety of activities which includes search/apprehend, search/rescue, and air ambulance services. ¶6. Submitted in support of the license application were the following documents (PM/DTCC can fax documentation to post upon request): --Nontransfer and Use Certificate (Form DSP-83),submitted by Hunter Region SLSA Helicopter Rescue Service Ltd., signed by Chief Pilot, Peter Cook on 22 March 2007. --Purchase Order No. 12442 submitted by Hunter Region SLSA Helicopter Rescue Service Ltd., signed by R. Jones on 12 July ¶2006. ¶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