Re: [TSCM-L] {5940} Well Aint that a Bitch

From: James M. Atkinson <jm..._at_tscm.com>
Date: Fri, 23 Dec 2011 22:29:47 -0500

The "End User Letters" are a scam, because they were being requested form customers and provided to the manufacture and exporter, but they were not being used to obtain the legally required "End User Licenses", hence ALL of the export were illegal.

The end user letters are used to initiate contact between the end user and the U.S. State Department through the exporter.

Most commonly, the customer who is interested in TSCM issues an initial "End User Letter" to someone who makes or resells TSCM gear in the form of an inquiry. This inquiry initiates the initial pre-licensing investigation, and by custom this is to obtain an owners guide or some sort of  detailed technical literature. This first step allows the U.S. State Department to have initial contact with the potential purchaser, so that when additional requests are made the license approvals can be accelerated. The U.S. government is actually required to "vet" or verify who the actual end user will be.

The second step is for the end user to come to the United States and to attend some sort of training on the TSCM gear,  and this is considered to require a second "End User Letter" and a suitable VISA issues AFTER the end user license for the training or seminar is provided. This can be as simple as a one day demonstration of the equipment, or a could that takes many weeks. But the license must be obtained for each, individual. Very often this will be some sort of pre-purchasing screening.

Then there will be the purchase of a sample, or samples to be used to evaluate the product, and this of course requires a different end user license then the other licenses.

At this point the customer is usually ready to send all of their people to training, and to purchase the actual number of units they will require, and they will issue one "End User Letter" for the actual TSCM purchase, and then a second one for the training of all of their people.

When the students are ready to leave the United States, then the text books that they used in the course can only be taken out of the country on yet another "End User License".

So to legally consummate a small transaction of TSCM gear it may be required to provide 5, 6, or even 7 different end user letters, each one requesting in an end user license form the U.S. State Department.

Then once all of the good are delivered, and the people returned form TSCM training, the U.S. State Department /CIA will randomly select end users, and will ask the end user to prove that they actually have the equipment, and that they can produce the people who were trained, and then the serial numbers will be compared to export documents, and the person who is provided as the student will be confirmed to be the actual student.

But, a company in the U.S. has been playing game with customers, and not actually obtaining legitimate licenses, so the foreign customer is holding contraband arms, and if they get caught with the arms

In block #27 of the Shippers Export Document, there must be a U.S. State Department issued license number, if your export paperwork does not have this license number then you have a contraband shipment, and you are in possession of illegal arms.

-jma


Humberto Sodre wrote:

Correct, the document name is "End User Letter", I saw several of them being charged to customers. I was surprised to learn that this is happening, but I appreciate your explanation and I will inform the local distributor so that it takes knowledge and action.
Finally one last question: when obtained, the "End User License" is sent to the user or is it just an internal document of the U.S. State Department?
Humberto Rigotti

2011/12/23 James M. Atkinson <jm..._at_tscm.com>

The document that you are referring to is called an "End User Letter" or "End User Certificate" and it is this letter that the exporter must provide to the U.S. State Department in order to obtain an actual "End User License"

The problem is that non of these "End User Letters" or "End User Certificates" where actually being provided to the U.S. State Department to obtain the required End User Licenses, and the goods were being unlawfully exported, and in turn unlawfully imported into the respective country.

The exporter was not actually filing to obtain the proper licenses, but was actually making people provide "End User Letters" and "End User Certificates" that they were not actually using to get the required export licenses.

The U.S. Government has to publish these sales in the Federal Register, and they have an office at the U.S. State Department that tracks the license requests, and prepares the reports. The problems is that the reports published in the Federal Register, and the reports provided to Congress show that no exports, for many years was actually done legally.

Further, so careful queries reveal that all of the exports were illegal.

-jma



Humberto Sodre wrote:

James,

 

I wondered when you said in your first email that "According this published report, there has Been exactly ZERO Legal exports of TSCM equipment out of the United States in the past six month ... ZERO.", because only this year several TSCM equipments were exported to government agencies in the area of ​​security, who signed in advance a document addressed to the U.S. Government providing all their data and pledging not to use the equipment improperly or passes it to third parties. Only after carrying out this paperwork the export was released then the U.S. government must be aware of these exports and I do not understand why it is said that there was no legal export this year!

Forgive me James and all of you on the list but maybe my little knowledge of English does not allow me to understand what you are saying, but I think that there is any contradiction in this whole story.

A happy Christmas and a Happy New Year to all.

Humberto Rigotti

2011/12/23 James M. Atkinson <jm..._at_tscm.com>

Pay close attention to 22 CFR 121.1 XI(b)

It forbids the export of TSCM unless there is a license.

-jma




Larry Brower wrote:

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On 12/23/2011 05:14 PM, secs..._at_gmail.com wrote:
  

Maybe when all the people who beleived REI start getting in trouble
because REI gets in serious serious trouble then your position will change;)
Ask REI how many lawsuits are on them now:)

Sent from my EVIL iPhone
    

Perhaps you'll want to review this as well?

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=22:1.0.1.13.60&idno=22


Why do people always try to use what a company says as an excuse?






- -- 



Larry Brower, CCENT

Fedora Ambassador - North America
Fedora Quality Assurance
lbr..._at_fedoraproject.org
http://www.fedoraproject.org/
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-- 
James M. Atkinson
President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
http://www.linkedin.com/profile/view?id=15178662
Granite Island Group
jm..._at_tscm.com
http://www.tscm.com/
(978) 546-3803
    

-- 
James M. Atkinson
President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
http://www.linkedin.com/profile/view?id=15178662
Granite Island Group
jm..._at_tscm.com
http://www.tscm.com/
(978) 546-3803
    

-- 
James M. Atkinson
President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
http://www.linkedin.com/profile/view?id=15178662
Granite Island Group
jm..._at_tscm.com
http://www.tscm.com/
(978) 546-3803

Received on Sat Mar 02 2024 - 00:57:26 CST