Well Aint that a Bitch
James M. Atkinson
exports of TSCM equipment out of the United States in the past six
month... ZERO.
So, if you have TSCM gear and it came from the United States in the past
six months, then you have been sold good illegally, and the sweep gear
was not lawfully purchased, and indeed are considered by law to be
"smuggled arms" which as you know carries a mandatory death penalty in
some countries.
If you carefully look over the Shipper Export Declaration, in box 27
there has to be a U.S. State Department issues export license number, or
the export is a criminal act on the part of the exporter.
According to this published report there were exactly zero legal TSCM
exports in the last six months... and zero the period before that, and
so on.
As you might expect TSCM gear is still getting exported, but it is being
smuggled into and out of the United States in considerable quantities.
Zero, legal TSCM gear exports... zero...
-jma
--
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...@tscm.com
http://www.tscm.com/
(978) 546-3803
secs...@gmail.com
> <bpm122011-DOS-KovacReportsNoTSCMGearLicensed.pdf>
James M. Atkinson
2011 there where ZERO legal exports of TSCM equipment form the United
States, Zero.
There was also ZERO legal temporary exports for trade shows and
training in 2011 (even if you own the gear, it still has to be licensed
both directions).
There were also ZERO students authorized to be training in TSCM by U.S.
Companies in the United States (if you teach a foreigner TSCM, they and
you have to have a license to do so).
There were zero U.S. Companies authorized in 2011 to provide TSCM
training outside of the United States (which requires a licensee).
Ummm, I would say that someone is in a world of trouble.
-jma
James M. Atkinson
smuggled arms.
TSCM gear is by international treaty "Military Arms"
Hence, if you get caught with it in come countries and you did not
acquire it though proper means, it will be deemed "smuggled arms" and
you could legally be put to death.
So like I said, according the the published report in the Federal
Register, made by the U.S. State Department, there were ZERO legal
exports of TSCM gear.
Which means, that if you got TSCM gear from the United States, it was
not a legal transaction, and you could be at risk of death.
-jma
Thomas Shaddack
> Just a reminder, that some countries have a mandatory death penalty for
> smuggled arms.
Which ones? Do the "smuggling" apply only to goods crossing their own
borders, or is the entire history of the object considered? Do they
require proof of guilt or proof of innocence?
Also, what kind of arms is it related to? The legal definitions can be
widely varied, and everything can be considered a weapon in certain
contexts.
> TSCM gear is by international treaty "Military Arms"
Is it designated as such in the language of the treaty only, or is the
definition shared by the legislation of the countries involved? Are the
above-mentioned death-penalty states signatories of this particular
treaty?
> Hence, if you get caught with it in come countries and you did not acquire it
> though proper means, it will be deemed "smuggled arms" and you could legally
> be put to death.
What kind of proof of acquisition is required? Given how easy it is to
wipe a paper trail of a fairly common object (e.g. a lab-grade
spectrometer or receiver or amplifier) and reinstate a new one, and the
inherent dual-useness of the equipment, isn't it a bit nonsensical to
require this for electronics? How to ensure a honest EMC tech traveling
with his gear to investigate a noise issue in a newly opened factory is
not caught in the dragnet?
In case of training, how can a given state prove that a person got a TSCM
training (if it is also considered a weapon - and if it is, are martial
arts)? A stamp in a passport proves a travel to the US, but does not make
a difference between a shopping trip and a training, and a training given
by a person traveling out of the USA does not leave any paper trace. Where
is the difference between a legitimate knowledge and a weapon, and how can
a customs drone recognize it?
> So like I said, according the the published report in the Federal Register,
> made by the U.S. State Department, there were ZERO legal exports of TSCM gear.
>
> Which means, that if you got TSCM gear from the United States, it was not a
> legal transaction, and you could be at risk of death.
Again, in what countries?
Are there documented cases anything like this happened anywhere in the
world? What is the real magnitude of the risk, compared with other more
common risks (a conventional murder, or being put in jail in Saudi Arabia
for a 3-milligram speck of marijuana on one's shoe sole, or a car crash on
the way from the airport to the customer...)?
What countries carry what risk for traveling with advanced electronics? Is
there a list?
Ryk Edelstein
God bless America.
From: James M. Atkinson
Sent: 23/12/2011 11:14 AM
To: tscm-...@googlegroups.com
Subject: Re: [TSCM-L] {5918} Well Aint that a Bitch
smuggled arms.
acquire it though proper means, it will be deemed "smuggled arms" and
you could legally be put to death.
Register, made by the U.S. State Department, there were ZERO legal
exports of TSCM gear.
Which means, that if you got TSCM gear from the United States, it was
not a legal transaction, and you could be at risk of death.
Humberto Sodre
James M. Atkinson
Also, if you came to the United States for TSCM training, and you get not get a proper U.S. State Department license to attend the training, you could have some unfortunate problems, and a lot of people are now starting to realize that they are in a world of trouble because these licenses were not being obtained as they should have been.
-jma
Humberto Sodre
James M. Atkinson
It does not matter how much, how often, or to whom the goods are shipped, they still have to get permission for the export.
If you come to the United States for TSCM training, you have to get a license.
Just getting a VISA for the training is part of the problem, you still have to get a license for the U.S. Government.
-jma
Its from Onion
<snip>
Just getting a VISA for the training is part of the problem, you still have to get a license for the U.S. Government.
-jma
Humberto Sodre
Have a happy Christmas and a Happy New Year!
secs...@gmail.com
Sent from my EVIL iPhone
James M. Atkinson
The tough part about the UK, is that if you go abroad and obtain TSCM training, and the Majesties Government finds out about it, then deeply unfortunate things can befall the person at future dates., the UK considers it to be obtaining military training abroad, and not registering such experiences.
-jma
Larry Brower
Hash: SHA512
On 12/23/2011 05:14 PM, secs...@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...@fedoraproject.org
http://www.fedoraproject.org/
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John Young
Your advice should be heeded.
However, export laws can be, and are, by-passed by governments
and with government approval, so can commercial transactions.
This is customarily done in secret, and participants are expected
to deny it is going on although the evidence is obvious as with
REI and a slew of others, perhaps all those who jump at the
chance to operate with government blessing. Consider the
lesson the devil taught Dr. Faust.
This can put a participant in jeorpardy when government(s) decide
to punish for alleged infractions. Even when a government blesses
a secret deal it can extort additional services, often criminal, from
a participant, and if the participant balks then down comes the
axe, and it can be a big one, verily a guillotine. Hello, Marty,
hello others here who have had their heads handed to them.
There are instances where one of those punished can only
be redeemed by serving as a deeper covert agent of the
government, sell compromised equipment and services
as exemplified in the notorious Crypto AG affair. As well
as become an informant on former associattes who may
not know they are always double-checked and double-crossed
by those who appear to be their benefactors. No honor among
malefactors.
This is standard behavior of governments operating in secrecy.
Go into the world of government contracting under terms of
secrecy at your peril. It is almost impossible to escape --
for a lifetime.
Still, there are millions in that trap and they are not likely to
want out when read the exit consequences. And as budgets
decrease they will turn on each other, the most vicious the
survivors. We see a big increase in militarization of law
enforcement and many other civil agencies.
If you subscribe to the DoJ press releases you will know that
it is slowly rolling up those who thought they understood the
system of secret government largesse.
Export is a slice of a big pie called National Security, it is
worldwide, and it is has a lot of chickens coming home to
roost. Well, if chickens are ever expanding definition of
terrorists.
Preaching to the choir, here, no question. But the charade of
pretending laws are not regularly broken in the name of
national security is ancient, ineradicable, and needs victims
to terrify the inmates and pleasure taxpayers.
Natsec religion is infested with rats, stings, ploys,
treachery, deception, spies, betrayers, preachers, lawyers, aw
hell, every varmint you can think of, biblical by cracky.
The believers will swear they do what they do because others
like them are terrible. And then call themselves heroes to boot.
James M. Atkinson
It forbids the export of TSCM unless there is a license.
-jma
Humberto Sodre
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.
Pay close attention to 22 CFR 121.1 XI(b)
James M. Atkinson
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
James M. Atkinson
military arms (by federal statute and international treaty) and the U.S.
has been lax in enforcing the export of the goods, data, training, etc,
then the U.S. Government has violated a major arm smuggling treaty.
This ends up being way larger then a U.S. Agency merely looking the
other way, this is actually a major international law matter now.
In foreign countries people who actually have the equipment, that was
not properly exported form the United States could likely forfeit the
equipment to their government as smuggled arms, or else those foreign
countries will also be in violation of the international treaty.
This is far more serious then most people realize, and it is not merely
an issue of a few tens of million of dollars of illegal arms exports,
but rather a bigger issue of the U.S. agencies responsible for the
actual licensing, not properly supervising the manufacturing and
exportation of a controlled military arm (TSCM gear), which brings in
the question what other illegal arms has the U.S. government been
ignoring, perhaps far deadlier arms.
Under the law, TSCM gear is just as restricted as machine guns, and tanks.
To make matters even worse, is when belt way public servants are
getting paid off to look the other way, and let it happen.
-jma
--
Humberto Sodre
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
James M. Atkinson
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
Its from Onion
John Young
TSCM equipment out of the United States in the past six
only large, multi-million dollar transactions which must
be reported to Congress. The large dollar amount items
usually are for expensive weapons systems.
Smaller dollar amounts are excluded, and it is likely exports
of TSCM equipment would fall into this category along with
thousands of other less expensive items.
For example, I follow exports of encryption products and
crypto-systems. Over ten or so years these items, also
categorized as munitions, have not appeared in the Federal
Register as a report to Congress except when they are part
of expensive systems.
Another example, small arms are not usually reported to
Congress although they are used to kill and maim far more
people than expensive weapons systems. Law enforcement
and espionage equipment do not appear.
There are other substantial gaps in export controls of all countries
which are there to allow government-sponsored defense industries
to thrive by direct sales and through intermediaies, government,
commercial and private arms merchants -- white and black.
Arms and export control treaties condone this lucrative slaughter
and espionage market and provide whitewash for venality.
"Dual-use" is a favored and abused gap through which huge
amounts of officially-sanctioned contraband are openly and
secretly smuggled.
It should be no surprise that there is official-criminal cheating
in TSCM equipment, a small part of a large racketeer influenced
organized criminal enterprise.
Humberto Sodre
1) digital audio and/or video recorders installed on USB sticks or hiden in other objects and furniture inside the offices and in this case the ORION is the most efficient equipment in their detection;
2) the computers network or by telephone network through the PABX programming and even the TALAN cannot detects.
But in most cases the information leak by the simplest and oldest method: in talks to business leaders, employees, visitors and contractors, in which case only a constant surveillance of the security accompanied by physical sweeps can prevent this leak.
Humberto Rigotti
Humberto Sodre
James M. Atkinson
-jma
--
Its from Onion
Date: Sat, 24 Dec 2011 09:44:57 -0200
Subject: Re: [TSCM-L] {5944} Well Aint that a Bitch
From: hrs...@gmail.com
To: tscm-...@googlegroups.com
Markella Liberto
Maury
Maury&Dog
=========================
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2012.0.1901 / Virus Database: 2109/4698 - Release Date: 12/23/11
Humberto Sodre
Humberto Sodre
d...@geer.org
semi-off-topic / speaking of import difficulty
--dan
Perry Myers
Perry Myers, CFE
President
Myers Service, Inc. dba MSI Detective Services
2406 W Fullerton Ave
Chicago, IL 60647
(773) 404-7400 x 200
IL Detective License 115-000805 Agency License 117-000206
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seda köksal
I confirmed with the U.S. State Department that in the entire year of 2011 there where ZERO legal exports of TSCM equipment form the United States, Zero.
There was also ZERO legal temporary exports for trade shows and training in 2011 (even if you own the gear, it still has to be licensed both directions).
There were also ZERO students authorized to be training in TSCM by U.S. Companies in the United States (if you teach a foreigner TSCM, they and you have to have a license to do so).
There were zero U.S. Companies authorized in 2011 to provide TSCM training outside of the United States (which requires a licensee).
Ummm, I would say that someone is in a world of trouble.
-jma
secs...@gmail.com wrote:
Nice digging James! Hmmmm someone is in trouble , hehehe
On Dec 20, 2011, at 5:35 PM, "James M. Atkinson" <jm...@tscm.com> wrote:
According this this published report, there has been exactly ZERO legal exports of TSCM equipment out of the United States in the past six month... ZERO.
So, if you have TSCM gear and it came from the United States in the past six months, then you have been sold good illegally, and the sweep gear was not lawfully purchased, and indeed are considered by law to be "smuggled arms" which as you know carries a mandatory death penalty in some countries.
If you carefully look over the Shipper Export Declaration, in box 27 there has to be a U.S. State Department issues export license number, or the export is a criminal act on the part of the exporter.
According to this published report there were exactly zero legal TSCM exports in the last six months... and zero the period before that, and so on.
As you might expect TSCM gear is still getting exported, but it is being smuggled into and out of the United States in considerable quantities.
Zero, legal TSCM gear exports... zero...
-jma
--
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...@tscm.com
http://www.tscm.com/
(978) 546-3803
<bpm122011-DOS-KovacReportsNoTSCMGearLicensed.pdf>