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Viewing cable 05PARIS2861, FRANCE: BLUE LANTERN LEVEL 2: PRE-LICENSE END USE

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Reference ID Created Released Classification Origin
05PARIS2861 2005-04-27 14:47 2011-08-24 00:00 UNCLASSIFIED Embassy Paris
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 PARIS 002861 
 
SIPDIS 
 
STATE FOR PM/DTCC - BLUE LANTERN COORDINATOR 
COPENHAGEN FOR ECON - G.BURTON 
 
E.O. 12958:  N/A 
TAGS: ETTC KOMC FR
SUBJECT:  FRANCE: BLUE LANTERN LEVEL 2: PRE-LICENSE END USE 
CHECK ON APPLICATIONS 05-943227, 05-943228, 05-943674, 05-943844 
 
REF: 04 STATE 258597 
 
1.  As requested reftel, Post reached out to the French entities 
listed as end-users in reftel para 4:  Onera, MBDA, and ETBS to 
confirm that they had indeed ordered the accelerometers requeted 
and also to EADS Astrium to confirm its order for an airborne 
amplifier.  We transmit their response below in order by their 
relevant license application numbers.  We note that none had 
anything derogatory to say about Bruel and Kjaer. 
 
2.  Regarding application 05-943227: 
 
In late February, EconOff spoke with Patrick Chantelat of ETBS 
(Etablissement Technique de Bourges et Surveillance Industrielle 
Armement), which is a division of DGA (Delegation Generale pour 
l'Armament) of the French Defense Ministry.  Mr. Chantelat, who 
works directly with Sylvain Doffemont, who signed the export 
license application, confirmed that these items (i.e. two 7270A- 
2K accelerometers, two 7270A-6KM6 accelerometers, two 7270A- 
20KM6 accelerometers, two 7270A-200K accelerometers, and 7 
technical data CDS, as specified in license application 05- 
943227) were ordered to replace old and worn out stock.  The 
accelerometers are used to take measurements to ensure that 
equipment is functioning within required specifications. 
Regular testing of equipment using these accelerometers 
eventually wears them out, thus ETBS is renewing their stock. 
When asked what they test, Chantelat responded anything from 
rifles to light anti-tank missiles, i.e. .765-155 mm caliber. 
After this conversation, Mr. Doffemont followed up with a fax in 
early March, confirming that ETBS will be the end user, that the 
end-use will be for acceleration measurements and related 
testing of equipment, that equipment has not yet been received, 
and that intended use conforms with end-use certificate. 
ETBS has no qualms about using Bruel and Kjaer as their 
intermediary to supply the needed equipment from the U.S. maker. 
 
3.  Regarding application 05-943228: 
 
French research institute ONERA responded to our letter on March 
11 by letter signed by Pascal Geoffroy, Director of the Solid 
Mechanics and Resistance Testing ("Endommagement") Department, 
and copied to ONERA's Head of Research, Mr. Eric Deletombe. 
Geoffrey said that he was happy to finally have a contact about 
this order, noting that his normal avenue for information and 
updates was Bruel and Kjaer France, then their main office in 
Denmark, then Endevco in the U.S., none of whom had been able to 
explain to him the delay in the progress of the export license 
approval.  He then proceeded to answer our questions by 
confirming ONERA's order of two accelerometers 7270A-200K, which 
had been placed on May 14, 2004, via the French distributor 
Bruel and Kjaer.  He also confirmed that ONERA will be the final 
end-user of this equipment, adding that in fact the equipment 
will be used as part of a research program ("plan d'etude 
amont") financed by the Defense Ministry and DGA (Delegation 
Generale pour l'Armament), which is the acquisition and 
procurement division of the French military establishment.  This 
study (number 010704) is entitled "Integrity of Naval Stuctures" 
according to Onera's letter, which further described the planned 
testing in a way that can be summarized, as it was on the 
license application, as explosion testing on dynamic materials. 
 
Up to now, Onera does not use this type of equipment and is not 
yet familiar with these sorts of tests.  Hence, they have no 
previous experience with Bruel and Kjaer as a supplier.  Through 
our own research, we were able to determine that Onera is a 
public research institute that often conducts research for 
various branches of the French military.  Lastly, Onera 
confirmed that the intended end use is in conformity with the 
end-use certificate. 
 
4.  Regarding application 05-943674: 
 
EADS Astrium was open and quite forthcoming when we contacted 
them.  However, they were the slowest in producing a complete 
response.  Our EADS Astrium contact confided to us that much of 
the delay was due to the need to correct an improperly completed 
initial license application as well as a thorough review of 
their response by their legal counsel before it could be 
released.  In the end we received a very complete response by 
overnight mail on April 26 from EADS Astrium's Export Compliance 
Manager Patrice Henacker.  It reads as follows: 
 
Begin quote. 
 
This letter is in response to your queries related to DSP 5- 
943674 applied for by one of our suppliers.  The hardware 
related to this DSP 5 is an amplifier (reference 2662M12G) 
manufactured by ENDEVCO of California.  We hope that the 
following elements will answer your queries: 
 
(1) What is the end use of this hardware? 
 
These amplifiers are used to condition the signal of 
accelerometers which are part of the acoustic instrumentation of 
the ARIANE 5 launcher.  ARIANE 5 is the European launcher, 
developed under the control of the European Space Agency (ESA) 
and built by EADS Space Transportation for Arianespace.  These 
amplifiers are either used as ground instrumentation (i.e. only 
during integration and vibration tests), or are set onto the 
launcher equipment bay for telemetry during launch. 
(2) Who is the end user? 
When these amplifiers are used for flight (i.e. set onto the 
launcher and launched), the end user is Arianespace of France, 
the foreign consignees are EADS Space Transportation SA of 
France, industrial prime; EADS Space Transportation GmbH of 
Germany, industrial co-prime; and EADS Astrium SAS of France, 
integrator of the equipment bay in which these amplifiers are 
integrated.  When these amplifiers are used for integration 
instrumentation only, the end user remains EADS Astrium SAS. 
This is case of the part ordered under license 05-943674. 
 
(3) Was the foreseen use (of the 2661M12-G ordered under license 
05-943674) in accordance with the end user certificate? 
 
Yes, the foreseen use of this specific amplifier was in 
accordance with the end user certificate provided by EADS 
Astrium SAS.  This specific amplifier was ordered for 
integration instrumentation purposes only, and would have stayed 
at EADS Astrium SAS premises.  Therefore, if the DSP 5 had been 
approved, its usage would have been in compliance with the DSP 
83 and the end user certification provided by EADS Astrium SAS. 
Eads Astrium SAS has in its stock several amplifiers of the same 
type previously delivered by ENDEVCO without traceability of 
associated DSP 5s.  Because EADS Astrium SAS was aware that 
these devices were to be considered as ITAR controlled, EADS 
Astrium SAS had requested authorization from DTC to integrate 
these amplifiers in the Arian 5 launcher (GC 0649-04 approved 
August 30, 2004, for four amplifiers, and GC 0628-04 approved 
July 26, 2004, for five amplifiers).  It is these amplifiers, 
duly covered by the above DTC authorizations, which have been 
embedded into the Ariane 5 launcher. 
 
(4) Did EADS Astrium SAS sign the end user certificate provided 
by the U.S. applicant with the license application? 
 
EADS Astrium SAS cannot warrant (attest to) which end user 
certificate was provided by the U.S. applicant with the license 
request.  EADS Astrium SAS signed a DSP 83 and an end user 
certificate, both dated September 23, 2004, and which were given 
by EADS Astrium SAS to the Danish reseller Bruel and Kjaer for 
the purpose of the U.S. license application.  EADS Astrium SAS 
recognizes that the "end user statement military end user" 
provided, and in particular paragraph four of this statement 
might not have been clear, and should have referred clearly to 
the U.S. authorities (and not to the Danish authorities).  To 
avoid this kind of confusion, EADS has since imposed on all its 
procurement chain an EADS "end user statement" format. 
 
(5) Indicate the delivery dates of all of these parts by EADS 
Astrium SAS 
 
The one amplifier associated with DSP 5-943674 was never 
delivered to EADS Astrium SAS (because the DSP 5 was RWAed).  As 
mentioned, EADS Astrium SAS had in stock nine amplifiers 
previously delivered by ENDEVCO in 1999.  EADS Astrium had 
obtained authorization from DTC to use these amplifiers for the 
instrumentation of the Ariane 5 launcher (GC 0628-04 and GC 0649- 
04).  Four amplifiers covered by these two GCs were further 
shipped to KOUROU, French Guyana. 
 
(6) Has EADS Astrium SAS already used Bruel and Kjaer as a 
supplier? 
 
Yes, Bruel and Kjaer is a regular supplier to EADS Astrium SAS 
for all Endevco instrumentation (captors, accelerometers, cables 
and plugs) and we understand that they are fully approved by 
Endevco of California as their distributor.  Up to now, EADS 
Astrium SAS has not encountered difficulties with this supplier. 
 
End quote. 
 
5.  Regarding application 05-943844: 
 
In early-April, post Blue Lantern action officer received the 
following reply letter from Patrick Bernard of MBDA Missile 
Systems Office for Management of Contracts.  Our informal 
translation follows: 
 
Begin quote. 
 
In response to your letter, we would like to provide the 
following clarifications: 
 
Nine accelerometers 7270A-200K were ordered by MBDA France from 
our supplier: Bruel and Kjaer, rue du Champoreux - BP 33 - 91541 
Mennecy Cedex France. 
 
The supplier requested a signature on a DSP 83 form, which 
returned in August 2004.  This DSP 83 indicated that we are the 
end-user of these nine units, which are intended to be 
incorporated into testing equipment used to take shock 
measurements and used for trials in France for the Scalp EG 
program. 
 
We reconfirm this end-use which was reported in August 2004 and 
we inform you that these materials have as yet not been 
delivered by our supplier. 
 
End quote. 
 
Wolff