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Viewing cable 08DUSSELDORF6, COURT FINES BUSINESSMAN FOR ILLEGAL EXPORTS OF MILITARY

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Reference ID Created Released Classification Origin
08DUSSELDORF6 2008-01-28 14:17 2011-08-24 01:00 UNCLASSIFIED Consulate Dusseldorf
VZCZCXRO2676
RR RUEHAG RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK RUEHLZ
DE RUEHDF #0006 0281417
ZNR UUUUU ZZH
R 281417Z JAN 08
FM AMCONSUL DUSSELDORF
TO RUEHC/SECSTATE WASHDC 0112
INFO RUCNRAQ/IRAQ COLLECTIVE
RUCNFRG/FRG COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHDF/AMCONSUL DUSSELDORF 0128
UNCLAS DUSSELDORF 000006 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR ISN, PM, EUR, AND NEA 
 
E.O. 12958: N/A 
TAGS: ETTC KNNP PARM KJUS KISL PTER KPAO KVPR IZ GM
SUBJECT: COURT FINES BUSINESSMAN FOR ILLEGAL EXPORTS OF MILITARY 
GOODS TO IRAQ 
 
REF: DUESSELDORF 4 
 
Sensitive but Unclassified -- Not for Internet Distribution 
 
1.  (U) After a month-long trial (reftel), the Essen Regional 
Court on January 25 found Aso Salih Koyie guilty of having 
violated section 34 of the German Foreign Trade and Payments Law 
(restrictions on the export of military goods) through the 2004 
delivery to Iraq of 78 power generating sets formerly used by 
the German Army.  The Iraqi-born businessman was sentenced to a 
3,500 fine: 2,400 for tax evasion (imposed earlier by the 
German tax authorities for this deal), and 1,100 for violating 
export control restrictions.  The court declined prosecutor's 
request for a suspended prison sentence of two years.  The 
defense pleaded for acquittal. 
 
2.  (U) The presiding judge called the sentence a "moderate 
fine," going to great lengths to list extenuating circumstances 
that included: the defendant's lack of a criminal record; his 
stated intention to use the goods solely for humanitarian 
purposes; and that the material did not comprise weapons 
systems, but "obsolete technical support equipment."  The main 
reason for the lenient sentence, however, was that German 
customs officials had not been vigilant in stopping the exports, 
the judge stated.  For example, after the defendant had 
difficulty obtaining the necessary papers at one customs office 
in Dueren, North Rhine-Westphalia, he went to another in Essen, 
which provided the necessary stamp.  The state prosecutor also 
criticized this in his concluding statement.  (Note:  While the 
defendant managed to obtain a stamp from customs, he did not 
receive a license from BAFA, the Bundesamt fuer Wirtschaft 
Ausfuhrkontrolle.  End Note). 
 
3.  (SBU) After the trial, the presiding judge explained to us 
that the German legal system must take the income situation of a 
defendant into account if s/he is fined by a court.  The low 
fine in this case was therefore also due to the defendant's 
allegedly current poor economic situation, which also caused the 
court to allow the defendant to pay the fine in monthly 
installments of 100.  (Note: He drove away in a late model 
Volvo and members of his family present in the courtroom were 
dressed expensively.  End Note.)  The defense lawyer told us his 
client was pleased with the outcome, and that he would not 
appeal the court's decision.  The public prosecutor was not 
available for comment. 
 
4.  (U) This cable was coordinated with Embassy Berlin. 
 
BOYSE