VZCZCXYZ0015
PP RUEHWEB

DE RUEHRL #1771 2621307
ZNR UUUUU ZZH
P 191307Z SEP 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 9315
INFO RUEHBY/AMEMBASSY CANBERRA PRIORITY 0678

UNCLAS BERLIN 001771 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
STATE FOR ISN AND EUR 
 
E.O. 12958: N/A 
TAGS: PARM PREL ETTC CBW GM
SUBJECT: AUSTRALIA GROUP - DELIVERY OF U.S. RESPONSE TO TWO 
GERMAN ITT PROPOSALS 
 
REF: STATE 127222 
 
¶1. (U) This is an action request.  Post requests Department 
guidance to respond to German questions posed in paras 2 and 
¶3. 
 
¶2. (SBU) Global Affairs officer delivered reftel demarche and 
accompanying track-changes document September 19 to MFA 
Deputy Office Director for Export Controls on 
Non-Conventional Dual Use Goods Markus Klinger.  Regarding 
the U.S. response to the German proposal (AG/Jun07/CL/D/3) to 
amend the Australia Group (AG) Control List of Dual-Use 
Biological Equipment and Related Technology and the List of 
Dual-Use Chemical Manufacturing Facilities and Equipment and 
Related Technologies, Klinger asked whether the USG would 
formally object if the proposal were taken to a vote.  If so, 
Klinger said, further discussion is needed.  Otherwise, 
Klinger said, Germany would use a silence procedure to move 
the proposal forward. 
 
¶3. (SBU) Klinger said the German interagency working group 
would review U.S. edits to the German proposal 
(AG/May07/ExC/D/29) to establish a best practices annex on 
the implementation of controls related to transfers of 
intangible technology and pass along any concerns or 
clarifying questions.  He asked whether the U.S. position on 
characterizing the best practices document as an informal, 
non-binding reference document is related to any special 
issues covered in the document that would affect U.S. 
national security, or whether the U.S. position is simply 
intended to preserve flexibility in the application of AG 
guidelines.  Noting U.S. suggested edits on "deemed" exports 
in Section I, Klinger said another AG partner indicated it 
would object to the inclusion of a "deemed" export 
formulation.  Klinger said further discussion would likely be 
needed on the matter. 
TIMKEN JR