US embassy cable - 03ABUDHABI560

POTENTIAL VIOLATIONS OF US EXPORT LAWS AND REGULATIONS

Identifier: 03ABUDHABI560
Wikileaks: View 03ABUDHABI560 at Wikileaks.org
Origin: Embassy Abu Dhabi
Created: 2003-02-03 12:38:00
Classification: CONFIDENTIAL//NOFORN
Tags: ETTC TC CA
Redacted: This cable was not redacted by Wikileaks.
null
Diana T Fritz  06/05/2007 10:40:03 AM  From  DB/Inbox:  Search Results

Cable 
Text:                                                                      
                                                                           
      
CONFIDENTIAL

SIPDIS
TELEGRAM                                        February 03, 2003


To:       No Action Addressee                                    

Action:   Unknown                                                

From:     AMEMBASSY ABU DHABI (ABU DHABI 560 - UNKNOWN)          

TAGS:     ETTC                                                   

Captions: None                                                   

Subject:  POTENTIAL VIOLATIONS OF US EXPORT LAWS AND REGULATIONS 

Ref:      None                                                   
_________________________________________________________________
C O N F I D E N T I A L        ABU DHABI 00560

SIPDIS
CXABU:
    ACTION: ECON 
    INFO:   P/M AMB DCM POL 
Laser1:
    INFO:   FCS 

DISSEMINATION: ECON
CHARGE: PROG

APPROVED: CDA: TWILLIAMS
DRAFTED: BIS: MO'BRIEN
CLEARED: ECON: CCRUMPLER FCS: NCHARLES-PARKER

VZCZCADI510
OO RUCPDOC RUEHC RUEHOT RUEHON
DE RUEHAD #0560/01 0341238
ZNY CCCCC ZZH
O 031238Z FEB 03
FM AMEMBASSY ABU DHABI
TO RUCPDOC/USDOC WASHDC IMMEDIATE
RUEHC/SECSTATE WASHDC 8213
RUEHOT/AMEMBASSY OTTAWA 0196
RUEHON/AMCONSUL TORONTO 0039
C O N F I D E N T I A L SECTION 01 OF 02 ABU DHABI 000560 
 
SIPDIS 
 
STATE FOR EB, NEA/ARP AND NEA/RA 
COMMERCE 532 PASS TO OEE/INTEL DIV AND NYFO/T. WILLIAMS 
 
NOFORN 
 
E.O. 12958: DECL: 02/01/2013 
TAGS: ETTC, TC, CA 
SUBJECT: POTENTIAL VIOLATIONS OF US EXPORT LAWS AND REGULATIONS 
 
1.(U) Classified by Charge D'Affaires Thomas Williams for reasons 1.5 
(b) and (d). 
 
2.(C) Summary:  Commercial Officer Mary O'Brien received information 
that U.S. company Criminal Research Products, Inc. has been willfully 
evading US export regulations by exporting controlled items to Canada 
for re-export to at least one destination where those items would 
require a U.S. export license.  The New York Field Office of the Office 
of Export Enforcement has an open investigation on Criminal Research 
Products, Inc. and the case agent assigned is Tom Williams in NYFO. 
End summary. 
 
3.(C/NF)  On January 29, Comoff O'Brien met with Mohammed-Hani C. Ali, 
Sales and Marketing Manager, Giftex Corp., Abu Dhabi, UAE.  Mr. Ali had 
contacted Comoff O'Brien to report that a shipment of fingerprint items 
he had ordered from Criminal Research Products, Inc. (CRP), 206-218 E. 
Hector St., Conshohocken PA 19428, had been delayed.  He reported that 
he had attempted on many occasions to contact Dick Richards of CRP to 
ascertain why the shipment had been delayed and received only one 
response from Mr. Richards on 12/10/02. 
 
4.(C/NF) Following is a report of Mr. Ali's comments and the facts as 
revealed by documents in the files of Giftex. 
 
5.(C/NF)  Giftex has been purchasing products from CRP since at least 
1997.  Mr. Ali reported that CRP had never requested that he complete a 
end-user form for purchases from CRP.  Mr. Ali has completed such forms 
for purchases from other companies in the U.S. and so was familiar with 
the form.  He said Mr. Richards had always assured him it was not 
necessary.  On 10/2/02, Giftex confirmed their order for $8,276.40 of 
fingerprint equipment including 4 different kinds of fingerprint powder 
and various lifters.  On 10/29/02, Giftex requested that CRP report the 
status of this order.  On 11/4/02, Dick Richards replied that the order 
could be supplied by December 10.  Beginning 11/16/02, Giftex sent 
numerous emails requesting a copy of the air waybill for the shipment o 
the items. 
 
6.(C/NF)  Giftex received no response until 12/10/02 when 
Dick Richards sent an email reading in part as follows: 
     "Reference is made to your various e-mails, faxes and 
     telephone calls regarding your order. 
 
     Due to certain government regulations and restrictions 
     we are having a difficult time in getting this order 
     released for shipment. 
 
     When we first quoted to you we did not anticipate any 
     restrictions or regulations would arise however it has, 
     henceforth the reason for the delay. 
 
     We are diligently working on this problem and we hope 
     to have it resolved soon." 
 
This information may indicate that CRP's shipment was 
detained in the U.S. by U.S. Customs for lack of an export 
license but post has been unable to confirm this. 
 
7.(C/NF)  Beginning 12/12/02, Giftex continued to press CRP by e-mail, 
fax and phone calls for information about when the shipment would 
arrive.  On or about 12/21/02, Giftex personnel had a telephone 
conversation with Dick Richards of CRP. The content of this telephone 
call was referred to in an email dated 12/21/02 from Dr. Fouad Aoudi of 
Giftex which states: 
 
       "As we have no other choice but to wait.  And based on 
       your confirmation and reconfirmation regarding 
       the supply of products through our several correspondences 
       we have confirmed to our client and gave him assurances 
       to supply on date.  As we are under delayed penalty 
       which is equal to 25 percent of the order value up to 
       date.  Also I would like to remind you that you 
       confirmed to us, there will be no problem to supply 
       transpassing [sic] the authorities from your side by 
       supplying from [sic] the goods from Canada." 
 
Since that telephone call, Giftex has received no/no 
communication from CRP regarding this order. 
 
8.(C/NF)  While reviewing documents related to previous 
orders, Comoff O'Brien found an invoice dated 12/12/01 
issued by CRP to Giftex for 5 Deluxe LP [Latent Print] 
Technician Kits #27-275, valued at $460 each in 3 cartons 
weighing 129 pounds. Comoff requested to see the inbound 
documents for this shipment.  Mr. Ali provided a copy of a 
UPS waybill dated 12/19/01 from Invitro Sciences Inc., 166 
Bridlewood Dr, Welland, Ontario, Canada 030602.  The 
description of goods states forensic fingerprint collection 
kits and states the country of origin as the US.  The 
sender's name is P. Couture and the phone number is 905-714- 
7540.  The shipment consisted of 3 boxes weighing 129 
pounds. 
 
9.(C/NF)  The shipment was accompanied by an invoice 
dated 12/19/01 issued by Invitro Sciences to Giftex for 5 
C27-275 Deluxe LP Fingerprint Kits at $460 each. The 
invoice also indicates the shipment is in 3 cartons weighing 
129 pounds and states the country of origin is the US. 
 
10.(C/NF)  Comoff O'Brien also reviewed the Airport Import 
Bill issued by UAE customs for clearance.  This document 
dated 12/23/01 cleared 3 cartons of fingerprint kits valued 
at $2300 addressed to Giftex. The Customs Bill showed the 
country of origin as Canada. 
 
11.(C/NF)  Due to the sensitivity of the situation, Comoff 
requested copies of documents for only the one shipment 
transshipped through Canada, although there have obviously 
been numerous shipments from CRP to Giftex since 1997. 
Comoff suggests that CRP has been evading export license 
requirements with some frequency. 
 
12.(C/NF)  Comoff O'Brien also reviewed documents relative 
to the export of a stream light to Giftex in 2002.  An email 
from Dick Richards to Giftex states that the shipment could 
be sent through (quote) our satellite office (unquote). 
Based on the shipper's letter of instruction, this export 
was exported under NLR.  It is unclear whether this item 
would require an export license; therefore copies of these 
documents were not taken. Copies of all other documents will 
be forwarded under separate cover. 
 
13.(C/NF) Per a telephone conversation with NYFO, Comoff 
O'Brien confirmed that the New York Field Office of the 
Office of Export Enforcement has an open investigation of 
criminal research products.  NYFO has not however detained any 
shipments by CRP. This information is provided to NYFO for necessary 
action. 
 
WILLIAMS 

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