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Viewing cable 06DUSSELDORF48, GERMAN COURT CONVICTS TWO IN ILLEGAL EXPORTS CASE TO IRAN

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Reference ID Created Released Classification Origin
06DUSSELDORF48 2006-12-20 08:15 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Consulate Dusseldorf
VZCZCXRO9619
RR RUEHAG RUEHLZ
DE RUEHDF #0048 3540815
ZNR UUUUU ZZH
R 200815Z DEC 06
FM AMCONSUL DUSSELDORF
TO RUEHC/SECSTATE WASHDC 0049
INFO RUCNFRG/FRG COLLECTIVE
RUEHDF/AMCONSUL DUSSELDORF 0061
UNCLAS DUSSELDORF 000048 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM MASS KOMC ETTC IR GM
SUBJECT: GERMAN COURT CONVICTS TWO IN ILLEGAL EXPORTS CASE TO IRAN 
 
REF: DUSSELDORF 46 
 
Sensitive but Unclassified - Contains Proprietary Information. 
Not for Internet Distribution 
 
1.  (U)  In a December 15 decision, the Duesseldorf Regional 
Court convicted two defendants on charges of illegally exporting 
sensitive technology to Iran.  The first defendant, Ali 
Mobaraki, an Iranian businessman resident in Duesseldorf, was 
sentenced to two years and two months in prison.  The second 
defendant, James Geoffrey Bulmer, a British engineer resident in 
Friesenheim, Baden-Wuerttemberg, received a suspended prison 
sentence of two years with three years probation.  [NOTE: 
German courts routinely suspend prison sentences of two years or 
less for all crimes.  END NOTE.]  The court found them guilty of 
illegally exporting to Iran nine GPS navigation systems for use 
in military drones on several occasions between 2005 and 2006, 
without obtaining an export license under Section 34 of the 
German Foreign Trade and Payments Act.  The court stated that 
such a license would have been denied because of the dual-use 
nature of the navigation systems.  Mobaraki can appeal the 
verdict and would not have to start serving his prison sentence 
until any appeal has been decided.  Nevertheless, he remains in 
custody pending resolution of an ongoing criminal investigation 
against him in another case involving the illegal export of 
weapons in violation of the War Weapons Control Act. 
 
2.  (U)  The defendants were only convicted as accomplices, 
because the court concluded the driving force behind the illegal 
exports was Abbas Mobaraki, Ali Mobaraki's father, who escaped 
to Iran.   The court found that the defendants had committed the 
crimes "negligently, not intentionally."  According to the 
court, both defendants were cooperative during the trial, e.g., 
by giving up their initial claim of having been unaware of the 
dual-use nature of the navigation systems.  The court also 
determined that the crime violated another provision of the 
Foreign Trade and Payments Act, because it had "adversely 
affected German foreign policy interests," due to the political 
instability of the end user's region. 
 
3.  (SBU)  Comment:  Despite the court's finding of mitigating 
circumstances, the sentences handed down were not much less than 
the maximum punishment possible in such cases under the German 
Foreign Trade and Payments Act--an indication the court 
considered the violation a serious crime.  Although the verdict 
is not final and can be appealed on questions of law, meaning 
that Mobaraki will not have to start serving his prison sentence 
until the appeal has been decided, Mobaraki remains in custody 
because of  the ongoing investigation mentioned above.  End 
comment. 
 
4.  (U)  This message was coordinated with Embassy Berlin. 
 
BOYSE