C

D

E

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7.

Moral Consultants and the companies they represent have made

a number of representations to Defence Export Services Organisation

(DE SO), the body in the MOD which handles AWP applications.

FEB

Ltd, one of the companies involved, have approached the MOD, both

through Gary Titley MEP who wrote to the Secretary of State on 18

March, and to whom a reply was sent on 9 April and through Dame

Peggy Fenner MP who wrote to the Minister for Defence Procurement,

and to whom a reply has not yet been sent. DE SO ha ve now asked FED

to reconsider the application.

ARGUMENT

8.

While this equipment does fall out side

do es fall outside the guidelines, those

guidelines are designed to bring the greatest possible commercial

benefit to the UK, without arousing unmanageable Chinese reaction.

In cases where sales can be made and the UK can profit without undue

risk to UK interests, it therefore makes sense to interpret the

guidelines reasonably flexibly. "Grey area" cases, of which this

case is one, crop up occasionally and need careful thought, to

ensure that we are not being excessively restrictive towards UK firms, when other Goverments may (not proven) be less restrictive

towards their firms.

9.

The equipment concerned here is largely civilian in

character, consisting mainly of fairly standard construction equipment (similar to that used on motorways) which can be exported

without a licence. The system is only made licenseable for export

because there are a few licenseable components incorporated into it,

but even these are close derivatives of

of commercial systems. I see

minimal risk of the Chinese hearing of the deal or, if they did,

objecting to it strongly. If they were to do so, we could tell them firmly that the equipment is basically civilian in character. Additionally we could argue that the system was in no way offensive

(though the distinction between offensive and defensive

deliberately not made in our guidelines, neither are our guidelines

in the public domain). The minimal risk of a serious Chinese

is

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