VZCZCXRO1586
OO RUEHLA
DE RUEHC #7933/01 1312320
ZNR UUUUU ZZH
O P 112307Z MAY 09
FM SECSTATE WASHDC
TO RUEHMD/AMEMBASSY MADRID IMMEDIATE 1547
INFO RUEHDM/AMEMBASSY DAMASCUS PRIORITY 7033
RUEHLA/AMCONSUL BARCELONA PRIORITY 2661

UNCLAS SECTION 01 OF 02 STATE 047933 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAIR ETRD ETTC PGOV PREL SP SY
SUBJECT: DEMARCHE REQUEST: POSSIBLE TEMPORARY DENIAL ORDER 
ON ORION AIR 
 
REF: A. A. MADRID 439 
     ¶B. B. MONZ-DUDLEY EMAIL 5/4 
     ¶C. C. MADRID 413 
     ¶D. D. SECSTATE 41098 
 
¶1.  (SBU)  This is an action request.  Embassy Madrid is 
requested to provide Orion Air with a copy of the Temporary 
Denial Order (TDO) and deliver the below talking points 
before 9am May 12 EST if possible.  Embassy Madrid is also 
requested to share the talking points with appropriate GOS 
officials and seek their assistance to exercise any available 
authorities the GOS may have to prevent the second aircraft 
from being transferred to Syria. 
 
 
Begin talking points: 
 
- On April 24, 2009, the U.S. Embassy in Spain informed Orion 
Air that your lease of aircraft to Syrian Pearl Airlines of 
Syria violated the U.S. Export Administration Regulations 
(EAR) and that if you proceeded, BIS may impose a Temporary 
Denial Order (TDO) on Orion Air.  Despite initial assurances 
that you would not proceed, Orion Air subsequently delivered 
the first aircraft and has confirmed to the U.S. Embassy that 
you intend to deliver the second aircraft. 
 
- On May 7, 2009, the Bureau of Industry and Security, 
Department of Commerce (BIS) issued a TDO against Orion and 
Syrian Pearl Airlines (which will be served a copy separately 
by BIS).  This Order temporarily denies the exporting 
privileges of Orion Air and Syrian Pearl Airlines for 180 
days.  Orion Air is requested to return the first aircraft 
from Syria and halt the delivery of the second aircraft. 
 
- Under terms of the TDO, Orion Air and Syrian Pearl Airlines 
are prohibited from: 
 
¶A.  Applying for, obtaining, or using any license, license 
exception, or export control document; 
¶B.  Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing 
in any way, any transaction involving any item exported or to 
be exported from the United States that is subject to the 
EAR, or in any other activity subject to the EAR; or 
¶C.  Benefiting in any way from any transaction involving any 
item exported or to be exported from the United States that 
is subject to the EAR, or in any other activity subject to 
the EAR. 
 
- Furthermore, any other person is prohibited from: 
 
¶A.  Export or reexport to or on behalf of Orion Air or Syrian 
Pearl Airlines any item subject to the EAR; 
¶B.  Take any action that facilitates the acquisition or 
attempted acquisition by Orion Air or Syrian Pearl Airlines 
of the ownership, possession, or control of any item subject 
to the EAR that has been or will be exported from the United 
States, including financing or other support activities 
related to a transaction whereby Orion Air acquires or 
attempts to acquire such ownership, possession or control; 
¶C.  Take any action to acquire from or to facilitate the 
acquisition or attempted acquisition from Orion Air or Syrian 
Pearl Airlines of any item subject to the EAR that has been 
exported from the United States; 
¶D.  Obtain from Orion Air or Syrian Pearl Airlines in the 
United States any item subject to the EAR with knowledge or 
reason to know that the item will be, or is intended to be, 
exported from the United States; or 
¶E.  Engage in any transaction to service any item subject to 
the EAR that has been or will be exported from the United 
States and which is owned, possessed or controlled by Orion 
Air or Syrian Pearl Airlines, or service any item, of 
whatever origin, that is owned, possessed or controlled by 
any Denied Person if such service involves the use of any 
item subject to the EAR that has been or will be exported 
from the United States.  For purposes of this paragraph, 
servicing means installation, maintenance, repair, 
modification or testing. 
 
- Violations of the Export Administration Act of 1979, as 
amended (EAA), 50 U.S.C. app.  2401-2420 (2000), and the 
Export Administration Regulations, 15 C.F.R. Parts 730-774 
(2007) (EAR) may be subject to both criminal and 
administrative penalties.   Criminal penalties can reach 
 
STATE 00047933  002 OF 002 
 
 
$1,000,000 and 20 years imprisonment per violation and the 
administrative penalties can reach the greater of $250,000 
per violation or twice the amount of the transaction that is 
the basis of the violation. 
 
- Violators may also be subject to denial of their export 
privileges. A denial of export privileges prohibits a person 
from participating in any way in any transaction subject to 
the EAR. Furthermore, it is unlawful for other businesses and 
individuals to participate in any way in an export 
transaction subject to the EAR with a denied person. 
 
¶2. (SBU) The Department appreciates Post's immediate 
assistance in this matter.  POC is Allison Monz in NEA/ELA 
and can be reached at 202-647-1131. 
CLINTON