From:
Der Spiegel
<<175864>>
10/30/2008 6:29
08BERLIN1467
Embassy Berlin
SECRET
VZCZCXYZ0003
PP RUEHWEB
DE RUEHRL #1467/01 3040629
ZNY SSSSS ZZH
P 300629Z OCT 08
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 2490
INFO RUEHAK/AMEMBASSY ANKARA PRIORITY 0654
RUEHBUL/AMEMBASSY KABUL PRIORITY 0572
RUEHLO/AMEMBASSY LONDON PRIORITY 9354
RUEHRO/AMEMBASSY ROME PRIORITY 1505
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
TAGS: KOMC, ECCT, AF, GM
SUBJECT: ATTEMPTED EXPORT OF GERMAN-ORIGIN HELICOPTERS TO
S e c r e t berlin 001467
Sipdis eur/ce for hodges and schroeder t/pm/ddtc for maloney, trimble
and zerden dod for defense security cooperation agency dsca for maj.
Orenchick dod for defense contracting command centcom for col. Kulvas
eucom / transcom for lno siers
E.o. 12958: decl: 10/31/2033 Tags: komc, ecct, af, gm Subject: attempted
export of german-origin helicopters to afghanistan
Classified By: A/DCM Robert A. Pollard, for reasons 1.4 (b) and (d).
1. (U) This is an urgent action request. See comment and action requests
in paragraphs 11 and 12.
2. (S) Summary: Embassy Berlin has become aware that a U.S. firm,
Presidential Airways, appears to have moved German-origin helicopters to
Turkey, with the intent of moving them NLT 30 Oct to Afghanistan, in
likely violation of German export law. Presidential Airways is moving
these helicopters to Afghanistan for the stated purpose of providing
contracted-for logistical services for U.S. forces in Afghanistan. The
original export control case is being reviewed at very senior levels of
the GOG. If German authorities determine that Presidential Airways has
violated German export control law, we expect negative consequences for
U.S. - German relations. A possible solution to this is for the
helicopters to remain in Turkey, pending the GOG's final decision on
this matter.
Background
3. (C) In approximately mid-September 2008, the vice-president of
Presidential Airways, Mr. Tim Childrey, contacted Embassy Berlin's
Office of Defense Cooperation (ODC) requesting any assistance the ODC or
Embassy Berlin could provide to secure a German Export License for
three SA 330 J PUMA helicopters his company recently purchased from
Eurocopter Deutschland. Presidential Airways purchased these helicopters
for the stated purpose of executing its contract with the U.S.
Department of Defense to provide logistical air services to U.S. forces
in Afghanistan.
4. (C) ODC Germany worked with the Economics/Global Affairs section of
Embassy Berlin and determined that the export license application was
being discussed at senior levels of the German Foreign Ministry, and
would likely not be acted upon until the next scheduled meeting of the
German federal security council under direction of the Chancellor's
Office. Presidential Airways is owned by the Prince Group, Inc. which
also owns the Blackwater security company.
5. (C) Efforts by Prince Group personnel and lobbyists from Eurocopter
Deutschland did not succeed in forcing an early decision. The Puma issue
was slated for discussion at the November federal security council
meeting. Presidential Airways has expressed concerns about what they
viewed as the long time it was taking to obtain BAFA export permission.
In reaction, Presidential Airways notified BAFA on 3 Oct 2008 that it
had changed its plans and now intended to move the helicopters to the
United States and/or the United Kingdom. In Presidential's view, this
did not require an export license from BAFA.
6. (C) On 10 Oct 2008, Eurocopter Deutschland received a letter from the
German Economics Ministry stating they had information that these
helicopters were enroute to the Netherlands. Significantly, this letter
warned that if these helicopters arrived in Afghanistan, this would
constitute a violation of German law. Sometime between 10 and 27
October, these helicopters were flown from Germany, possibly to the
Netherlands, then on to the UK, and finally to Turkey.
7. (C) On 27 Oct 2008, the Senior Legal Counsel for Eurocopter
Deutschland, Dr. Kraemer forwarded the above-described letter from the
German Econ Ministry to Mr. Childrey and Mr. Schmitz, as well as other
German officials. Kraemer advised Presidential Airways it was taking the
Pumas to the US and/or the UK, not Afghanistan; and reminded all of the
possible legal consequences. Also on 27 OCT 08, ODC Germany received a
copy of the above letters via e-mail from a member of the German
Chancellor's Office.
8. (SBU) On 28 OCT 2008, ODC Germany contacted Mr. Childrey of
Presidential Airways and inquired about the case. Presidential Airways
informed ODC that the helicopters were in Turkey with a stated final
destination of Afghanistan.
Childrey noted that his company could no longer afford to wait on the
German decision, and had decided to take the helicopters to the UK,
which he asserted required no German export license. (Note: this appears
to be an unsupported legal conclusion. End note.) Once the helicopters
reached the UK, Childrey believed U.S. law and procedures would apply.
He claimed to have informed the U.S. State Department of his plan to fly
the helicopters to Afghanistan (NFI). ODC Germany expressed grave
concern for the way in which Presidential had handled this case, but
legal counsel for Presidential stated that he was following U.S. law and
did not understand why the Germans were upset.
9. (S) We have conflicting information on the likely disposition of this
matter by Germany's Federal Security Council, currently scheduled for
discussion on November 5th. However, it appears clear from all sources
that any movement of the helicopters without permission from Federal
Security Council will constitute a violation of German law.
10. (S) At no time did Embassy Berlin advise Presidential Airways to
remove the Pumas from Germany without proper export permission or
otherwise to circumvent the German export control process or German law.
Presidential represented in its e-mails to U.S. Office of Defense
Cooperation officials in Germany that it kept the U.S. State Department
updated" of its plans to remove the helicopters and of its determination
that the lack of response from the Germans amounted to their tacit
consent. Embassy Berlin is unaware of any such communication.
11. (S) COMMENT: If Presidential Airways and the Prince Group have
played a role in exporting German-origin helicopters to Afghanistan
without the necessary German export permission, this could have wider
effects on bilateral cooperation. Because the helicopters would be used
to support U.S. forces (even though in a contractual relationship), it
would be very difficult to entirely dissociate the USG from the matter.
It would complicate relationships with German export control officials
-- on whom we depend for cooperation on Iran-related issues and other
key proliferation concerns. The issue could become public in Germany and
would take on proportions well beyond the significance of a few
helicopters, given the widespread public skepticism about Germany's
engagement in Afghanistan and the presence of opportunistic opposition
political forces (especially the Greens and The Left). This could
complicate relationships with those senior officials in the Chancellery
and Foreign Office with whom we currently have an excellent working
relationship, but who would have to lead the damage control. END COMMENT
12. (S) Action Request: We are unaware of which, if in fact any, State
Department Office Presidential or Prince Group approached on this
matter. We ask the Department and other relevant USG agencies to examine
this matter immediately and to encourage Presidential Airways not to
move these helicopters from their current location in Turkey. Timken Jr