Keep Us Strong WikiLeaks logo

Currently released so far... 51122 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Browse by classification

Community resources

courage is contagious

Viewing cable 09STATE90771, BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09STATE90771.
Reference ID Created Released Classification Origin
09STATE90771 2009-08-31 20:43 2011-08-24 01:00 UNCLASSIFIED Secretary of State
VZCZCXYZ0002
RR RUEHWEB

DE RUEHC #0771 2432101
ZNR UUUUU ZZH
R 312043Z AUG 09
FM SECSTATE WASHDC
TO RUEHDK/AMEMBASSY DAKAR 0000
INFO RUEHUJA/AMEMBASSY ABUJA 0000
RUEHTV/AMEMBASSY TEL AVIV 0000
RUEAIIA/CIA WASHINGTON DC
RUETIAA/DIRNSA FT GEORGE G MEADE MD
RHMCSUU/FBI WASHINGTON DC 0000
RUCPDOC/USDOC WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
UNCLAS STATE 090771 
 
SIPDIS 
DAKAR FOR WALLACE BAIN 
ECON 
 
E.O. 12958: N/A 
TAGS: ETTC KOMC SG NI IS
SUBJECT: BLUE LANTERN LEVEL 3: PRE-LICENSE END-USE CHECK 
TO SENEGAL ON LICENSE GC 0997-09 
 
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 pre-license inquiry on a request (DDTC case GC 0997-07) for 
the re-export of three (3) C-130H aircraft from Nigeria to 
Senegal.  The aircraft are defense articles controlled under 
the International Traffic in Arms Regulations (ITAR) 
administered by PM/DDTC.  Post is requested to complete this 
Blue Lantern inquiry within 30 days.  Lack of response to a 
Blue Lantern inquiry will affect pending and future license 
requests involving parties to this license. 
 
3. Reason for request: 
 
--Brokering of aircraft by private entity A.D. Consultants 
(ADCON), Israel on behalf of government of Nigeria and 
Senegal without prior approval from DDTC.  In addition, ADCON 
was not registered as a broker with DDTC as required under 
the ITAR.  ADCON subsequently registered under parent company 
Oforid Holdings, Ltd., Israel. 
 
--Re-titling of C-130H aircraft from Government of Nigeria 
(Ministry of Defense) to ADCON without prior approval from 
DDTC. 
 
--Sole documentation establishing relationship between ADCON 
and Government of Senegal is limited to an end-user 
certification stating that the C-130H aircraft were "ordered 
through" ADCON.  No documentation or contract between ADCON 
and GoS detailing the terms and conditions of the sale. 
 
--No documentation on the source, type, and amount of any 
fees, payments, or other consideration paid to ADCON for 
brokering the transaction. 
 
--No documentation from GoS indicating the end-use of the 
aircraft. 
 
--Verification that all parties to the transaction have been 
identified. 
 
4. ACTION: The Department requests that Post contact the 
Government of Senegal to determine the bona fides of 
re-export transaction. 
 
The following points are included for guidance: 
 
--Would the GoS provide contractual or other documentation 
identifying the role of all parties to the transaction and 
the full terms of purchase? 
 
--To date, has any money been exchanged for the aircraft? 
 
--Would GoS confirm the specific end-use of the aircraft 
(i.e. military transport, border security, humanitarian aid, 
other missions, etc.)? 
 
--Will the aircraft be serviced or refurbished in a third 
country before arrival in Senegal? 
(**NOTE: GC 0997-07 states that the aircraft will be 
transferred to Denel (Pty) Ltd. in South Africa for 
refurbishing before final delivery to Senegal. DDTC would 
like to inquire if Senegal is aware of the transaction and 
Denel's participation.**) 
 
--Where will the aircraft be located in Senegal upon 
delivery? 
 
--Does the GoS understand the restrictions on USML items, 
especially the prohibition against unauthorized re-transfer 
and re-export? 
 
END ACTION. 
 
5. Details of license application: 
 
DTC CASE:  GC 0997-09 
 
QUANTITY/COMMODITY: 
 
3 - C-130H Aircraft 
 
Aircraft No. NAF 914, Serial No. 4649 
Aircraft No. NAF 915, Serial No. 4650 
Aircraft No. NAF 916, Serial No. 4962 
 
License Value: $6,100,000 USD 
 
SELLER: 
 
Nigerian Ministry of Defense 
Office of the Permanent Secretary 
Ship House 
Olusegun Obasanjo Way 
Area 10, P.M.B. 196, Garki, Abuja 
Nigeria 
Tel: 09-2348970 
Fax: 09-2340708 
 
FOREIGN CONSIGNEE: 
 
ADCON 
7, Golda Meir St. Science Park 
Nes-Ziona 74036 
Israel 
POC: Mr. Gabriel Pereiz, President & CEO 
 
FOREIGN INTERMEDIATE CONSIGNEE: 
 
Denel (Pty) Ltd. 
Nellmapius Drive, Irene 
P.O. Box 8322, Centurion, 0446 
South Africa 
Tel:  27 (0)11 9272895 
Mobile:  27 (0)83 628 1679 
POC: Mr. Albert van Oldenmark 
 
*Denel is or will be contracted by ADCON to service and 
refurbish the aircraft to ensure their sky-worthiness.* 
*Value of Denel services: $32,729,765.* 
 
FOREIGN END-USER: 
 
Ministry of Armed Forces of the Republic of Senegal 
Building de Direction Administrative 1, 8ieme etage 
Dakar, Senegal 
POC: Mr. Becaye Diop, Minister of Armed Forces of the 
Republic of Senegal 
 
PURPOSE: 
 
Transport of cargo and troops inside Senegal, and for UN 
missions outside Senegal. 
 
6. Submitted in support of license application GC 0997-09 
were the following documents (PM/DTCC will fax documentation 
to Post upon request): 
 
--General Correspondence Transmittal Letter, signed by Bukar 
Goni Aji, Permanent Secretary for the Minister of Defense of 
Nigeria, dated 28 April 2009. 
 
--Bill of Sale for 3 C-130 aircraft from GoN to ADCON, signed 
by D.A. Muhammed, dated 22 May 2007. 
 
--End-User Certificate signed by Mr. Becaye Diop, Minister of 
Armed Forces, Senegal, dated 2 May 2009. 
 
--DSP-83 Non-Transfer and Use Certificate signed by Mr. Bukar 
Goni Aji, Ministry of Defense Nigeria, dated 20 March 2009, 
and Mr. Becaye Diop, Minister of Armed Forces, Senegal, dated 
23 March 2009. 
 
--Denel's "Proposal for the Recovery, Relocation, and Service 
of the ADC C-130H Aircraft 914, 915, 916" dated 28 November 
2008. 
 
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 Meredith Sundlof. Phone: 
202-663-3455; Email: SundlofME@state.gov; SIPRNET: 
SundlofME@state.sgov.gov.  The Blue Lantern Guidebook (ref) 
is available as a PDF file at 
http://www.intelink.sgov.gov/wiki/Blue Lantern End-Use 
Monitoring Program. 
 
8. Department is grateful for Post's assistance in this 
matter. 
CLINTON