United States Government Accountability Office

GAO Testimony
Before the Subcommittee on Oversight
and Investigations, Committee on Energy
and Commerce, House of Representatives

For Release on Delivery

Expected at 10:00 a.m. EDT
Thursday, June 4, 2009 MILITARY AND DUAL-USE
TECHNOLOGY
Covert Testing Shows
Continuing Vulnerabilities
of Domestic Sales for Illegal
Export
Statement of Gregory D. Kutz, Managing Director
Forensic Audits and Special Investigations

GAO-09-725T
 June 4, 2009

MILITARY AND DUAL-USE TECHNOLOGY

Accountability Integrity Reliability

Highlights
Highlights of GAO-09-725T, a testimony
T
Covert Testing Shows Continuing Vulnerabilities of
Domestic Sales for Illegal Export
before the Subcommittee on Oversight
and Investigations, Committee on Energy
and Commerce, House of Representatives

Why GAO Did This Study What GAO Found

Terrorists and foreign governments GAO found that sensitive dual-use and military technology can be easily and
regularly attempt to obtain legally purchased from manufacturers and distributors within the United
sensitive dual-use and military States and illegally exported without detection. Using a bogus front company
technology from manufacturers and fictitious identities, GAO purchased sensitive items including night-vision
and distributors within the United scopes currently used by U.S. soldiers in Iraq and Afghanistan to identify
States. Although the Department of
State (State) or Department of
targets, triggered spark gaps used to detonate nuclear weapons, electronic
Commerce (Commerce), or both, sensors used in improvised explosive devices, and gyro chips used in guided
must grant approval to export missiles and military aircraft. Interviews with cognizant officials at State and
sensitive military and dual-use Commerce and a review of laws governing the sale of the types of items GAO
items, publicly reported criminal purchased showed there are few restrictions on domestic sales of these items.
cases show that individuals can
bypass this requirement and GAO was also able to export a number of dummy versions of these items
illegally export restricted items using the mail to a country that is a known transshipment point for terrorist
such as night-vision goggles. In the organizations and foreign governments attempting to acquire sensitive
wrong hands, this technology poses technology. Due to the large volume of packages being shipped overseas, and
a risk to U.S. security, including the large volume of people traveling overseas, enforcement officials within the
threat that it will be reverse
engineered or used directly against
United States said it is impossible to search every package and person leaving
U.S. soldiers. the United States to ensure sensitive technologies are not being exported
illegally. As a result, terrorists and foreign governments that are able to
Given the threat, the subcommittee complete domestic purchases of sensitive military and dual-use technologies
asked GAO to conduct undercover face few obstacles and risks when exporting these items. The table below
tests to attempt to (1) purchase provides details on several of the items GAO was able to purchase and, in two
sensitive dual-use and military cases, illegally export without detection.
items from manufacturers and
distributors in the United States;
Sensitive Items Purchased by GAO Using Fictitious Identities
and (2) export purchased items
without detection by domestic law- Item Use Notes
Gyro chip Dual-use – Used in advanced • In 2006, company paid a $15 million civil
enforcement officials. aircraft, missile, space and penalty for the export of civil aircraft containing
commercial systems for a gyro chip to China
To perform this work, GAO used stabilization, control, • The gyro chip is fully self contained, lightweight,
fictitious individuals, a bogus front guidance, and navigation and has a virtually unlimited life
company, and domestic mailboxes • GAO exported without detection
to pose as a buyer for sensitive Night-vision Military – Used by U.S. • In 2006, criminal convictions for two people
monocular troops to identify targets in involved in export of night-vision devices to the
items. GAO, in coordination with nighttime operations terrorist group Hezbollah
foreign law-enforcement officials, • GAO’s bogus company became a certified
also covertly attempted to export distributor for the item, gaining access to an
dummy versions of items. GAO unrestricted quantity.
interviewed relevant agencies to • Contains an image intensifier tube made to
gain an understanding of which military specifications
items were in demand by terrorists Accelerometer Dual use – Accelerometers • Item is in high demand by foreign countries and
are suitable for use in “smart” was the subject of a 2007 U.S. Immigration and
and foreign governments. GAO bombs and for measuring Customs Enforcement investigation
actions were not designed to test motions generated by • In 2007, an individual was sentenced for
controls of other countries. nuclear and chemical conspiracy to smuggle military-grade
Relevant agencies were also explosives accelerometers from the United States to China
briefed on the results of this work. • GAO exported without detection

View GAO-09-725T or key components. Source: GAO.

For more information, contact Gregory Kutz at
(202) 512-6722 or [email protected].

United States Government Accountability Office

Mr. Chairman and Members of the Subcommittee:

Terrorists and foreign governments regularly attempt to obtain sensitive

dual-use 1 and military technology from manufacturers and distributors
within the United States. Recently the Department of Justice (DOJ)
reported that, on a daily basis, foreign states as well as criminal and
terrorist groups seek arms, technology, and other material to advance their
technological capacity. With the United States producing advanced
technology, it has become a primary target of these illegal technology-
attainment efforts. For fiscal year 2008, DOJ publicly reported more than
145 defendants faced criminal charges for violations of export-control
laws. Roughly 43 percent of the defendants charged in these cases were
attempting to illegally transfer items to Iran or China. For example, a 2007
undercover investigation by the U.S. Immigration and Customs
Enforcement (ICE) agency revealed that an individual in Connecticut
attempted to purchase and illegally export an accelerometer to China.
According to the indictment, this accelerometer is suitable for use in smart
bombs and for measuring motions generated by nuclear and chemical
explosives. In another example, in 2008, various individuals and
companies were indicted on federal charges for purchasing items capable
of being used to construct Improvised Explosive Devices (IED), including
inclinometers, and exporting these items to multiple transshipment points,
with Iran being the final destination. These types of items have been, and
may continue to be, used against U.S. soldiers in Iraq and Afghanistan. In
addition, we have identified weaknesses in the effectiveness and efficiency
of government programs designed to protect critical technologies while
advancing U.S. interests. Since 2007, we have included ensuring the
effective protection of technologies critical to U.S. national security
interest as a high-risk area. 2

While the U.S. State Department (State) and Commerce Department

(Commerce) each have jurisdiction over the export of certain items to
countries outside the United States, many of these same items can be
purchased legally within the United States. In a testimony before another
congressional committee in 2008, we described how our undercover
agents were able to purchase sensitive items such as F-14 Tomcat aircraft
parts, night-vision goggles currently being used by U.S. forces, and

1
Dual-use items refer to items that have commercial uses as well as military or nuclear
proliferation uses.
2
See GAO, High-Risk: Series an Update, GAO-09-271 (Washington, D.C.: Jan, 22, 2009).

Page 1 GAO-09-725T
current-issue military body armor on commercial internet sites such as
eBay and Craigslist. 3 Given the ease at which we were able to buy those
items, and the continued attempts by foreign governments and terrorist
groups to obtain sensitive technologies from within the United States, the
committee asked us to conduct proactive testing to attempt to (1)
purchase sensitive dual-use and military items from manufacturers and
distributors in the United States; and (2) export purchased items without
detection by domestic law-enforcement officials.

To perform this investigation, we spoke with relevant agencies to gain an

understanding of which dual-use and military items were in demand by
terrorists and foreign governments. Furthermore, we identified publicly
disclosed enforcement cases regarding the sale and illegal export of
sensitive dual-use and military items. We searched for dual-use and
military technology being sold on manufacturers’ and distributors’ Web
sites. We then made domestic purchases of dual-use and military items
either through e-mail or the seller’s Web site. We did not purchase items
from individual persons or commercial auction sites such as eBay or
craigslist. We used a bogus front company and fictitious identities when
purchasing these items, meaning that we conducted our work with
fictitious names and contact information that could not be traced back to
GAO. We also established a Web site related to our bogus company and
rented domestic commercial mailboxes used to receive purchased items.
In some cases, no information other than a name and credit card were
used when purchasing a sensitive item. When possible, we obtained
written price quotes from manufacturers and distributors for purchases of
additional quantities of items we successfully purchased. After purchasing
these items in an undercover capacity, we contacted the distributors and
manufacturers of the items and informed them of our operation. We then
interviewed company officials and performed additional follow-up
investigative work. In addition, we coordinated with foreign government
officials to covertly export a number of dummy versions of the items we
purchased. We discussed the results of our work with officials at State and
Commerce, as well as law-enforcement officials within the Department of
Defense, DOJ, and the Department of Homeland Security (DHS).

3
See GAO, Internet Sales: Undercover Purchases on eBay and Craigslist Reveal a Market
for Sensitive and Stolen U.S. Military Items, GAO-08-644T (Washington, D.C.: Apr. 10,
2008).

Page 2 GAO-09-725T
 We conducted our investigation from May 2008 through June 2009 in
accordance with quality standards for investigations as set forth by the
Council for Inspectors General on Integrity and Efficiency (CIGIE).

Commerce and State are principally responsible for regulating the export
Background of sensitive dual-use and military items, respectively. Under the authority
of the Export Administration Act of 1979, 4 Commerce is responsible for
regulating the export of dual-use items that are included in the Commerce
Control List (CCL). 5 Specifically, Commerce’s Bureau of Industry and
Security (BIS) is responsible for regulating the export and reexport of
most commercial items. The commercial items BIS regulates are referred
to as dual-use items that have both commercial and military or
proliferation applications. BIS’s export enforcement activities target the
most significant threats facing the United States such as the proliferation
of weapons of mass destruction and missile delivery systems, terrorism
and state sponsors of terror, and diversions of dual-use goods to
unauthorized military end uses.

Under the authority of the Arms Export Control Act of 1976, 6 State
regulates the export of military items, which are included in the U.S.
Munitions List. 7 Generally, items regulated by State require an export
license, while items regulated by Commerce do not necessarily require an
export license. Whether an export license is required depends on multiple
factors including the item being exported, country of ultimate destination,
individual parties involved in the export, parties’ involvement in
proliferation activities, and the technical characteristics and planned end
use of the item. Any person or company in the United States that engages

4
Pub. L. 96-72, 93 Stat. 503, codified as amended at 50 U.S.C. app. §§ 2401–2420. The Act has
lapsed and been reauthorized by statute and Executive Order several times. Currently, the
Act is in force pursuant to Executive Order 13,222, 66 Fed. Reg. 44,025 (Aug. 22, 2001),
which extended the application of the Act under the authority of the International
Emergency Economic Powers Act (IEEPA), Pub. L. 95-223, Title II 91 Stat. 1626, codified as
amended at 50 U.S.C. §§ 1701–1707. IEEPA provisions are renewed yearly through a
presidential determination, the most recent occurring on July 25, 2008 (73 Fed. Reg.
43,603).
5
The CCL is contained in Supplement No. 1 to Part 774 of the Export Administration
Regulations (EAR), 15 C.F.R. § 774.1.
6
Pub. L. 94-329, Title II, § 212(a)(1), 90 Stat. 744, codified as amended at 22 U.S.C. § 2778.
7
The U.S. Munitions List is contained in Part 121 of the International Traffic In Arms
Regulations (ITAR), 22 C.F.R. §§ 121.1 - .16.

Page 3 GAO-09-725T
in manufacturing, exporting, or importing U.S. Munitions List items must
register with State. 8

Commerce and State require exporters to identify items that are on the
CCL and U.S. Munitions list and, if required, obtain license authorization
from the appropriate department to export these items unless an
exemption applies. Exporters are responsible for complying with export-
controls laws and regulations. When shipping a sensitive dual-use or
military item that requires a license, exporters are required to
electronically notify DHS’s Customs and Border Protection (CBP) officials
at the port where the item will be exported, including information on the
quantity and value of the shipment, the issued export license number, or
an indication that the item is exempt from licensing requirements. Export
enforcement agencies including CBP, ICE, the Federal Bureau of
Investigation (FBI), Commerce’s Office of Export Enforcement (OEE),
U.S. Attorney’s Office and the Defense Criminal Investigative Service, are
involved with inspecting items to be shipped, investigating potential
violations of export-control laws, and punishing export-control violators.

U.S. regulations are designed to keep specific military and dual-use items
from being diverted to improper end users. However, current regulations
focus on the export of these items and do not address the domestic sales
of these items. The seller of a U.S. Munitions List item or a CCL item may
legally sell the item within the United States, and is under no legal duty to
perform any type of due diligence on a buyer. However, if the seller of an
item knows or has reason to know that the buyer is representing a foreign
government or intends to export the item, then the seller may be liable. 9

8
Export often involves the actual shipment of goods or technology out of the United States.
Under ITAR, transfers of Munitions List “technical data” to foreign persons within the
United States is also considered to be an export. 22 C.F.R. § 120.17(a)(4). Under EAR,
release of CCL “technology” to foreign nationals within the United States is considered to
be an export to the home country of the foreign national and thus may require an export
license. 15 C.F.R. § 734.2(b).
9
An otherwise legal transaction is prohibited if the seller knows an export violation will
occur, pursuant to 15 C.F.R. § 736.2(b)(1) for CCL items and 22 C.F.R. § 127.1(2) for U.S.
Munitions List items. Criminal liability may attach under 50 U.S.C. app. § 2410, 50 U.S.C. §
1705, 22 U.S.C. § 2778(c), or general statutes such as 18 U.S.C. § 371.

Page 4 GAO-09-725T
 We found that sensitive dual-use and military technology can be easily
Sensitive Dual-Use purchased from manufacturers and distributors within the United States.
and Military Items Using a bogus front company and fictitious identities, we purchased 10
sensitive dual-use and military items from the sellers of the items. Based
Can Be Easily on our legal analysis of the applicable laws and regulations over the
Purchased within the domestic sale of sensitive dual-use and military technology, we determined
that companies are allowed to make domestic sales of sensitive items with
United States Using a little or no restrictions. Some of the manufacturers and distributors of
Bogus Front items we purchased stated that they independently instituted procedures
Company and to document the sales of sensitive items, such as requiring buyers to fill
out end-user agreements. 11 However, the sellers were not legally required
Fictitious Identities to conduct any research to validate the authenticity of the identification
used or the final use of the item. In addition, many of the distributors and
manufacturers have received warning letters from Commerce for
exporting sensitive items without the required export license.

Items obtained by our fictitious individuals included a night-vision

monocular, electronic components used in IEDs, and secure military-grade
radios used by U.S. Special Operations personnel. Items we obtained were
not only sensitive in nature, but were also in demand by foreign
governments and terrorist organizations. Specifically, seven of the
sensitive dual-use and military items we obtained during our investigation
have been the center of criminal indictments and convictions for
violations of export control laws. All items, except the F-16 engine
computer, were new and unused. The F-16 engine computer was
purchased from a distributor who had obtained the item from the
Department of Defense. Table 1 below summarizes the sensitive items we

10
For several items, we obtained written price quotes in lieu of purchasing the items due to
their costs. After obtaining the price quotes, we confirmed with the sellers of the items that
our attempted purchases would have been successful once we had made payment
arrangements for the items.
11
End-user agreements refer to documents submitted by the buyer in which the buyer self-
certifies the proposed use for the item being purchased, whether the buyer plans to export
the item, and whether the buyer plans to resell the item.

Page 5 GAO-09-725T
 obtained during our investigation, followed by detailed case-study
narratives. 12

Table 1: Sensitive Dual-Use and Military Items

Dual-
Case Items use Military Nuclear IED
Dual-use items
1 Triggered spark gap 9 9
2 Oscilloscope 9 9
3 Accelerometer 9 9 9
4 Quadruple differential line receiver 9 9 9
5 Inclinometer 9 9 9
6 Gyro chip 9 9
7 Ka-band power amplifier 9 9
Military items
8 Infra-red flag 9
9 Modular tactical vest (MTV) / enhanced 9
small arms protective inserts (ESAPI)
10 Night-vision monocular / Night-vision 9
goggles (NVG)
11 Secure personal radio 9
12 F-16 engine computer 9
Source: GAO.

Sensitive Dual-Use Items Using a bogus front company, fictitious identities, and a domestic mailbox
we rented, we were able to purchase sensitive dual-use items from
distributors and manufacturers. Items that we purchased have commercial
applications, but can also be used for other purposes such as in the
development of nuclear weapons, guided missiles, and IEDs. The items
listed below are subject to export restrictions under either the CCL or

12
For item 2 (Oscilloscope) we obtained a written price quote in lieu of purchasing the item
due to its cost. For the NVG in item 10, we found we could have purchased this same item
from the same seller of the Night Vision Monocular. However, since we had purchased this
item on previous work, we choose not to purchase this same item again. For item 9
(ESAPI) we found we could have purchased this item from the same seller as the MTV
however, since we had purchased this item in previous work we choose not to purchase
this same item again. After obtaining the price quotes, we confirmed with the sellers of the
items that our attempted purchases would have been successful once we had made
payment arrangements for the items.

Page 6 GAO-09-725T
 State’s U.S. Munitions List. Many of the items we purchased have also
been the center of previously identified unlawful exports to foreign
nations.

Sensitive Dual-Use Items with • Case 1: Triggered Spark Gap. Triggered spark gaps are versatile high-
Nuclear Applications voltage switches used for medical applications that can also be used as
nuclear weapons detonators. Triggered spark gaps have been the center of
unlawful exports to Pakistan and India. However, they are completely
legal to buy and sell within the United States.

Figure 1: Triggered Spark Gap

Source: GAO.

In January 2009, using a bogus company and a domestic mailbox as a

business address, we purchased, via e-mail, a triggered spark gap for the
amount 13 of $735 from a manufacturer that is registered in the federal
Central Contractor Registration (CCR) database, an approved government
supplier via the General Services Administration (GSA) schedule, and a
previous target for attempted purchases by foreign nationals. After

13
Total amounts may include taxes, shipping and handling fees, and service fees.

Page 7 GAO-09-725T
 obtaining the triggered spark gap, we notified the manufacturer of our
undercover purchase. During our interview with the manufacturer,
company personnel stated they believed that they had sufficient protocols
in place to document the sale of their items. The manufacturer requires
new customers to complete a certification form where the customer
provides their name and the end use of the product they are purchasing.
However, because sales of this item are legal domestically, we were able
to purchase it with a fictitious name and bogus company, and by providing
a valid credit card. With no requirement to do so, the manufacturer did not
question our fictitious identity or bogus company and did not inquire
further about the end use for our product. While purchasing the triggered
spark gap, we also obtained a price quote for up to 100 additional triggered
spark gaps. In addition, in 2005, an individual was sentenced to 3 years in
prison for conspiring to violate and violating U.S. export restrictions after
exporting, using an air freight company, items including triggered spark
gaps. Another individual was indicted for conspiring to violate and
violating U.S. export restrictions. The two individuals arranged to
purchase, and export to Pakistan, several U.S.-origin triggered spark gaps.
In order to obtain the triggered spark gaps the individuals falsely indicated
that the items were intended for medical use.

• Case 2: Oscilloscope. Oscilloscopes are used for displaying the timing,

voltages, frequency, and other attributes of electrical signals. In addition,
certain oscilloscope versions are capable of being utilized in weapon of
mass destruction development and are also export-controlled for
antiterrorism reasons. However, oscilloscopes are legal to buy and sell
within the United States. During our investigation, we determined that
CCL versions of oscilloscopes can be purchased on the Internet from a
distributor that is registered in CCR through an online purchase with a
credit card. Because this item cost over $7,500, we chose not to purchase
it. However, we confirmed with the distributor that we would have been
able to purchase an oscilloscope domestically without any verification. In
addition, a model of oscilloscope similar to the version we could have
purchased was also illegally shipped overseas by the same seller in 2005.
Specifically, this seller pled guilty to one felony count of violating the
International Emergency Economic Powers Act by exporting an
oscilloscope to Israel without a license. This distributor was sentenced to
pay a criminal fine in the amount of $50,000, placed on 3 years’ probation
and ordered to serve 250 hours of community service. In recent years, the
oscilloscope manufacturer has received several warning letters from
Commerce for exporting oscilloscopes to Pakistan and India without the
required license.

Page 8 GAO-09-725T
 • Case 3: Accelerometer. Accelerometers are sensors and instruments
used for measuring, displaying, and analyzing acceleration and vibration.
They can be used on a stand-alone basis, or in conjunction with a data-
acquisition system. The version of the accelerometer we purchased is
suitable for use in “smart” bombs and for measuring motions generated by
nuclear and chemical explosives and, although legal for domestic sale, is
export-controlled under CCL restrictions. In January 2009, we purchased
an accelerometer from a manufacturer for the amount of $2,766. The
manufacturer is registered in CCR and is an approved government supplier
through the GSA Schedule. We accomplished the purchase using a
fictitious name, bogus company, and domestic mailbox as a business
address. We also provided an end-user certification stating that we would
use the item for research and development purposes and would not export
the item. We met with the manufacturer after our purchase to discuss
what we had done and to discuss whether the company implemented any
voluntary restrictions over the domestic sales of sensitive items. The
manufacturer of the item did not implement controls that are not required
by law, and believed that documentation of the sale was appropriate. This
type of item is in high demand by foreign countries. For example, a 2007
undercover investigation by ICE revealed that an individual attempted to
purchase and illegally export the same type of accelerometer we
purchased to China. Specifically, ICE used an undercover company to
capture the individual. The individual was sentenced 12 months in prison
for his role in conspiring to export the accelerometer.
Dual-Use Items with IED • Case 4: Quadruple Differential Line Receiver. The quadruple
applications differential line receiver is used for balanced or unbalanced digital data
transmission. The product supports defense, aerospace, and medical
applications. In addition, certain versions of quadruple differential
receivers have military applications. This item may be legally bought and
sold within the United States. In April 2009, we purchased 10 military-
grade quadruple differential line receivers from a distributor for the
amount of $248. The transaction was accomplished through the company’s
Internet Web site using a bogus company, fictitious identity, and domestic
mailbox as a business address. Because the law did not mandate it, no
verification of our identity or description of the use of the product was
required. After the purchase we notified the distributor of our undercover
purchase. As a result of our undercover purchase, the distributor stated it
will consider implementing voluntary controls for the online transactions,
but did not provide details on what additional controls it would
implement. In addition to our purchase, other individuals have attempted
to export a similar item to Iran. Specifically, in 2008, various individuals
and companies were indicted on federal charges for purchasing items for
IEDs including items similar to a quadruple differential line receiver. The
individuals allegedly arranged to export items to multiple transshipment

Page 9 GAO-09-725T
 points, with Iran being the final destination. In addition, we spoke with a
Department of Defense official who confirmed similar U.S.-made
technology is being found in IEDs. The official stated that terrorist groups
are using more advanced IEDs with easy access to this type of technology.

• Case 5: Inclinometer. An inclinometer is an instrument used for

measuring angles of slope and inclination of an object with respect to its
center of gravity. Inclinometers, which are export-controlled but legal to
buy and sell within the United States, are suitable for use in the military,
medical, optical, range-finder, and robotics fields, and have applications in
IEDs. In February 2009, we purchased an inclinometer from a
manufacturer for the amount of $548. The manufacturer is registered in
CCR and has recently been the target for purchases by individuals
shipping inclinometers to Iran. Because it was a domestic purchase, the
manufacturer was not required to request an end-user agreement, or
question our identity, company, or that our business address was a
mailbox. While purchasing the inclinometer, we also obtained a price
quote for up to 40 additional inclinometers. In addition, after the purchase
we notified the manufacturer of our undercover purchase. When
interviewed, the manufacturer correctly stated that he did not identify any
Commerce-identified red flags from the undercover transaction. 14 In
addition, in 2008, various individuals and companies were indicted on
federal charges for purchasing items for IEDs and exporting inclinometers
to Iran. Specifically, in 2007, the individuals allegedly purchased
inclinometers from the same manufacturer we purchased inclinometers
from, and shipped them to multiple transshipment points, with Iran being
the final destination.
Other Dual-Use Items • Case 6: Gyro Chip. Gyro chips are sensitive dual-use items used in
advanced aircraft, missile, space, and commercial systems for
stabilization, control, guidance, and navigation. The gyro chip’s original
intent was for commercial use; however, this same item is also used to
stabilize and steer guided missiles. For this reason, the item is export-
controlled, but may be legally bought and sold within the United States
without restriction. The device is fully self-contained, extremely small,
lightweight, and has virtually unlimited life.

14
Commerce’s BIS publishes a list of “Red Flag Indicators” that may indicate a transaction
could lead to a violation of the Export Administration Regulations. A seller who finds a red
flag is encouraged to report it to Commerce. Examples of red flags include situations
where the item purchased does not fit with the buyer’s line of business, the buyer is willing
to pay cash for an expensive item where financing is the norm, or the buyer has little or no
business background. The full list is available at
http://www.bis.doc.gov/enforcement/redflags.htm.

Page 10 GAO-09-725T
Figure 2: Gyro Chip

Source: GAO.

In February 2009, we purchased a gyro chip from a manufacturer that is

registered in CCR for the amount of $3,146. During the purchase process
the manufacturer made it clear that the item is subject to ITAR, and if
exported would be subject to export restrictions. During the undercover
purchase we provided our bogus company’s Web site address, listed a
domestic mailbox as a business address, and completed a falsified end-
user agreement. While purchasing the gyro chip, we also obtained a price
quote for an additional 10 gyro chips. In addition, after the purchase we
notified the manufacturer of our undercover purchase. We then
interviewed the manufacturer, which stated that it conducts extensive
training of its personnel on export regulations of items it sells, attends
export-regulation conferences, hires export consultants, and conducts
internal training to sales representatives on specific procedures to follow
while quoting or selling products. However, no validation procedures are
required when a domestic sale is made, and therefore the manufacturer
did not identify our fictitious identity and company. In addition, in a
previous case, State charged a different company with shipping 85
commercial jets overseas many of which went to countries including

Page 11 GAO-09-725T
 China with a gyro chip embedded in the flight control systems. In April
2006, the company agreed to pay $15 million to settle the allegations. 15

• Case 7: Ka-Band Power Amplifier. Ka-band power amplifiers are suited

for military radar systems, ground terminals for Ka-band satellite
communications systems, and point-to-point communication systems. Ka-
band power amplifiers are export-controlled for national security reasons,
but legal to buy and sell within the United States. In March 2009, we
purchased two Ka-band power amplifiers from a distributor for the
amount of $227. The distributor is registered in CCR and was a previous
target for purchases by individuals shipping amplifiers to China. Our
purchase was made via e-mail and the Internet using a fictitious identity,
bogus company, and domestic mailbox as a business address, and by
providing an end-user agreement. We completed the agreement using
bogus information and stating we would not export the item without
obtaining an export license. Because there are no restrictions on the
domestic sale of this item, no additional documentation procedures or
validation was performed by the distributor prior to our purchase. While
purchasing the Ka-band power amplifiers, we also obtained a price quote
for up to 99 additional amplifiers. In addition, after the purchase we
notified the distributor of our undercover purchase. When we interviewed
distributor personnel, they stated their documentation procedures require
the customer to complete an end-user agreement; however, they correctly
stated they are not required to do this for domestic sales. In 2009, an
individual was indicted for exporting several controlled items including
this Ka-band power amplifier to China without an export license.
Specifically, on three occasions the individual allegedly had someone in
the United States ship several controlled items to China, and in one
occasion the individual hand-carried the items when flying from the
United States to China. In recent years, Commerce issued warning letters
to the manufacturer for exporting electronics to China, failure to comply
with a license condition, and exporting amplifiers to Germany for sale to
China without the required export license.

Sensitive Military Items Using a bogus front company, fictitious identities, and a domestic mailbox
as our business address, we were able to purchase or otherwise obtain

15
Specific gyro chips are subject to the export licensing jurisdiction of State’s Directorate of
Defense Trade Controls, unless these specific gyro chips are integrated into and included
as an integral part of a commercial primary or standby instrument system. If included as an
integral part of a commercial primary or standby instrument system, these specific gyro
chips are subject to the CCL.

Page 12 GAO-09-725T
 sensitive military items from distributors and manufacturers without
detection. Some of the items we obtained are subject to State’s U.S.
Munitions List and have been at the center of unlawful export plots by
foreigners. After purchasing and receiving the sensitive military items, we
interviewed the sellers regarding the controls they have in place for the
sales of their respective items.

• Case 8: Infra-Red (IR) Flag. IR flags 16 are currently in use by U.S.

military forces to help identify friendly soldiers during nighttime
operations. Several of the IR flags we purchased appear as a black
material with no identifying markers. However, with the use of U.S.
military night-vision technology (such as the monocular we purchased in
case 10 below), the patches reveal a U.S. flag, and are the same IR flags
used on U.S. military combat uniforms. An enemy fighter wearing these IR
flags could potentially pass as a friendly service member during a night
combat situation, putting U.S. troops at risk. Nevertheless, these items are
completely legal to buy and sell within the United States.

16
The IR flags are also known as IFF (identification of friend or foe) IR U.S. flags.

Page 13 GAO-09-725T
Figure 3: IR Flags

Source: GAO.

In September 2008, we purchased various U.S. IR flags from a distributor

for the amount of $78. The company’s Internet storefront states it
specializes in designing modified battle dress uniforms and other military
uniform accessories used by modern-day warriors. Specifically, the
company’s Web site states that Special Forces in Iraq and Afghanistan
currently use many of their products. Although there is no legal
requirement to do so, the distributor’s Internet site stated that the
company checks for military identification; however, the seller failed to
request identification from our undercover investigator. In the end, our
fictitious buyer was only required to provide a name, credit card, and
domestic address for shipment to purchase these items. After purchasing
and receiving the IR flags, we also obtained a price quote for an additional
400 IR flags. In addition, after the purchase we notified the distributor of
our undercover purchase. When interviewed, the distributor of the IR flags
stated that it always requests for a copy of a military ID as part of his own
voluntary policy and has minimal voluntary controls in place over the sale
of the IR tabs. However, the distributor did not request a copy of a military
ID as part of our purchase. In addition, we interviewed the distributor’s
supplier (manufacturer); the manufacturer stated that the distributor is
required by their distributorship agreement to ask for a military ID. As a

Page 14 GAO-09-725T
 result of this lapse, the manufacturer stated that the distributor will no
longer be authorized to sell the IR flags.

• Case 9: Modular Tactical Vest (MTV) and Enhanced Small Arms

Protective Inserts (ESAPI). The MTV we purchased is a type currently
being used by U.S. military personnel and have been tested to National
Institute of Justice 17 Level IIIA 18 9mm velocity. Enemies of the United
States could use the vest during attacks against American and coalition
forces, and they could also be used by criminals within the United States
and on the United States–Mexico border. However, the item is completely
legal to sell, buy, or possess within the United States, except by certain
violent felons. ESAPIs are ceramic plates that are thicker than the normal
SAPIs and increase the protection. These types of ESAPIs are suited for
use in the MTV we purchased. The combination of these items could give
terrorists or criminals an advantage and protection in combat situations.
In September 2008, we purchased an MTV of the type currently in use by
the U.S. Marine Corps in Iraq and Afghanistan from a distributor for the
amount of $2,417. The distributor is an approved government supplier
through the GSA schedule. We purchased the MTV from the distributor’s
Internet Web site. Although legally not required to do so, the distributor’s
Web site states that it requires a military ID and completes a verification
process before the sale of the equipment. However, we were able to
bypass their voluntary requirements using a fictitious military ID. After
purchasing and receiving the MTV, we also obtained a price quote for an
additional 20 MTVs. In addition, we found that we could have purchased
new ESAPI plates, from the same distributor through the same process,
which fit into the MTV we purchased. The addition of the e-SAPI plates
would have increased the effectiveness of our vest. We chose not to
purchase the ESAPI plates because we had purchased similar plates in our
prior work. 19 After the purchase, we notified the distributor of our
undercover purchase. The distributor stated that it has several voluntary
controls in place. Specifically, for our transaction it noticed that the
shipping address and billing address were different; therefore, it called the
credit card company to verify that the credit card was valid, thinking that
would be sufficient to verify that the undercover customer was not bogus.
In the past, this distributor has received a warning letter from Commerce

17
The U.S. Justice Department has created standards of body armor known as the N.I.J.
(National Institute of Justice) Standard 0101.06.
18
Level IIIA is usually the highest threat level in soft body armor. It is usually worn as
overt-style armor because of the weight and thickness of the ballistic panels.
19
GAO-08-644T.

Page 15 GAO-09-725T
 for exporting police equipment without the required export license. In
addition, the MTV manufacturer was fined $65,000 for the export of
military items to Kuwait, Chile, Oman, Trinidad and Tobago, and Saudi
Arabia without the required export license.

• Case 10: Night-Vision Monocular and Night-Vision Goggles (NVG).

The night-vision monocular is a lightweight, self-contained, image-
intensification system capable of being either hand-held, mounted to a
small arms weapon mounting rail, or mounted to a head mount or helmet
mount. Night-vision monoculars are used in nighttime operations by U.S.
forces to provide a tactical advantage on the battlefield. They are legal to
buy and sell within the United States.

Figure 4: Night-Vision Monocular

Source: GAO.

In November 2008, we purchased a night-vision monocular of a type that is

currently in use by the U.S. military from a distributor that is registered in
CCR, for $3,600. The purchase was made using a fictitious identity, bogus
company, and domestic mailbox as a business address. During our
undercover purchase, the seller certified our bogus company to be a
distributor of the item by signing a dealer/reseller agreement. This allowed
us to circumvent the seller’s voluntary restrictions on only selling the
items to military and law-enforcement agencies. As a result, we could have

Page 16 GAO-09-725T
 obtained a substantial number of night vision monoculars as part of this
agreement. In addition, we also found that we could have purchased new
military-specification NVGs, from the same distributor through the same
process. We chose not to purchase the NVG because we had purchased a
similar NVG in our prior work. 20 After the purchase we notified the
distributor of our undercover purchase. When we interviewed distributor
personnel, they stated that they have controls in place that are required for
the sale of night-vision technology as a part of the distributor agreement.
The distributor correctly stated that it is the reseller/dealer’s
responsibility, if exporting an item, to request and obtain export licenses
for the subject items and to ensure that the requirements of all applicable
export laws and regulations are met. Night-vision technology has been in
demand by entities in countries like China, Singapore, Indonesia, Iran, and
Hong Kong. For example, on November 14, 2006, BIS issued a Section
11(h) Denial Order against two individuals in connection with their
criminal convictions for conspiring to export Commerce- and State-
controlled night-vision devices to the terrorist group Hezbollah in
Lebanon.

• Case 11: Secure Personal Radio (SPR). According to the SPR

distributor, the SPR model we obtained, which is being used by U.S.
Special Forces personnel, is the latest model with enhanced digitally
encrypted capability that has a low probability of detection without the aid
of high-tech military radio-interception equipment. The SPR provides
secure communications between battlefield personnel with an encryption
feature that makes communicating with the radio virtually undetectable.
Nevertheless, the item is legal to buy and sell within the United States. In
November 2008, we obtained two SPRs with headsets and accessories
along with one microphone headset on a loan from a distributor.
Specifically, the company loaned, at no cost, our bogus company the two
radios for demonstration purposes with the possibility for the undercover
company to become a distributor of the SPR radios. The company also
offered our undercover investigator a job selling the equipment on a
commission basis. Because there are no domestic restrictions on these
radios, the company only asked for a copy of a driver’s license prior to
loaning the radios. After the transaction, we made the distributor aware of
the fictitious identity. The distributor acknowledged that it should have
shown more voluntary due diligence prior to loaning the radios to our
undercover investigator. The distributor stated that it requires an end-user
agreement and a copy of identification for documentation purposes, but it

20
GAO-08-644T.

Page 17 GAO-09-725T
 performs no other voluntary verification checks. The distributor stated it
often receives inquiries from foreign individuals and estimated as much as
30 percent of individuals that register on its Web site are foreign. The
distributor told us that it informs these individuals it only sells
domestically to military and law-enforcement entities.

• Case 12: F-16 Engine-Monitoring System Computer (EMSC). F-16

EMSC processes digital engine-performance signals from the digital
electronic-control module. This EMSC is used in more than 75 percent of
the USAF’s single-engine F-16 Block 50/52 aircraft. Furthermore, the
engine that uses this monitoring system is also qualified for use on the F-
15 Strike Eagle aircraft and was recently chosen by South Korea to power
its new F-15K fighters. This item is export-controlled under ITAR, but is
legal to buy and sell within the United States. In April 2009, using a
fictitious identity and bogus company, we purchased, through e-mail, a
used F-16 EMSC from an online distributor for the total amount of $570.
The distributor had obtained this item from DOD. During the purchase
process, we provided a bogus company name, a domestic mailbox as a
business address, a copy of our fictitious person’s driver license, and a
falsified end-user agreement. After obtaining the F-16 EMSC, we notified
the seller of our undercover purchase. During our interview with the
seller, the official correctly stated that the seller is not required to have
any controls in place for the domestic sale of this item; however, for its
own voluntary due diligence the seller ran a public-records check on our
fictitious person, but did not identify the purchase as suspicious. In recent
years, several individuals and companies have been sentenced to
probation and received fines in connection with illegal exports of aircraft
components to Iran and Libya. In addition to the United States and its
allies’ fleets of F-16 aircraft, Venezuela’s military also has a fleet of F-16s
and has recently issued public statements suggesting the country may
want to sell its fleet of F-16s to Iran.

We were able to export, without detection by U.S. enforcement officials, a

Sensitive Dual-Use number of dummy versions of sensitive dual-use and military items to a
and Military Items country that is a known transshipment point for terrorist organizations
and foreign governments attempting to acquire sensitive technology. Due
Can Be Easily to the large volume of packages being shipped overseas, large volume of
Exported people traveling overseas, and various agencies 21 involved in enforcing
export controls, U.S. enforcement officials stated it is impossible to search

21
See GAO, Export Controls: Challenges Exist in Enforcement of an Inherently Complex
System, GAO-07-265 (Washington, D.C.: Dec. 20, 2006).

Page 18 GAO-09-725T
 every package and person leaving the United States to ensure sensitive
dual-use and military items are not being exported illegally. The combined
effect of the lack of restrictions over domestic sales and the ease of illegal
export of these items is that sensitive dual-use and military items can be
easily purchased and exported by terrorists or foreign governments
without detection.

In order to export our items, we first obtained nonfunctional “dummy”

versions of the items through cooperation with the manufacturers. Next, in
cooperation with foreign law-enforcement officials, we shipped the items,
using commercial mail, in nondescript boxes that did not disclose the true
contents of the items contained within the package. The boxes passed
through U.S. customs controls without being inspected. The location we
shipped the items to was a known transshipment point for items being
sent to terrorist organizations and other foreign governments. After
receiving the unopened packages, the foreign law-enforcement officials
shipped the items back to the United States.

When we discussed our covert shipments with State, Commerce, and

various law-enforcement agencies responsible for monitoring packages,
vehicles, and persons exiting the United States, they were not surprised by
our success. Officials from several agencies stated that there is no
practical way to ensure that otherwise unsuspicious people, vehicles, or
packages leaving the United States that carry or contain export-controlled
items can be identified and searched consistently. Officials from
Commerce stated that they were aware of similar schemes used by real
individuals attempting to illegally export controlled items. In addition,
officials from State stated they have programs in place, working in
coordination with other government agencies such as ICE, designed to
educate manufacturers and distributors about laws and common risks
associated with sales of sensitive technology. However, State agreed that it
is difficult to prevent items from leaving the country after they are legally
sold to an individual within the United States.

A comprehensive network of controls and enforcement is necessary to

Conclusions ensure sensitive technology does not make it into the hands of
unauthorized individuals. However, the lack of legal restrictions over
domestic sales of these items, combined with the difficulties associated
with inspecting packages and individuals leaving the United States, results
in a weak control environment that does not effectively prevent terrorists
and agents of foreign governments from obtaining these sensitive items.
The key to preventing the illegal export of these sensitive items used in

Page 19 GAO-09-725T
nuclear, IED, and military applications is to stop the attempts to obtain the
items at the source, because once sensitive items make it into the hands of
terrorists or foreign government agents, the shipment and transport out of
the United States is unlikely to be detected.

Mr. Chairman, this completes my prepared statement. I would be happy to

respond to any questions you or other Members of the subcommittee may
have at this time.

Page 20 GAO-09-725T
Appendix I: Scope and Methodology

To perform the undercover test of purchasing sensitive dual-use and

military items from manufacturers and distributors in the United States we
spoke with relevant agencies and used publicly disclosed enforcement
cases regarding the sales and illegal exports of sensitive dual-use and
military items. GAO used the information obtained from these sources to
determine which sensitive items were in demand by terrorists and foreign
governments. We also reviewed the export regulations to determine that
manufacturers and distributors are not required to have controls for the
domestic sales of sensitive items. We searched for dual-use and military
technology being sold on manufacturers’ and distributors’ Web sites. We
then made domestic purchases of dual-use and military items either
through e-mail, personal contact, or the seller’s Web site. We used a bogus
front company, fictitious identities, and domestic mailboxes as our
business address when purchasing these items, meaning that we
conducted our work with fictitious names and contact information that
could not be traced back to GAO. We also established a Web site related to
our bogus company and rented domestic commercial mailboxes used to
receive purchased items. The bogus company used was incorporated to
add more credibility. In some cases, during the purchase process, no
information other than a name and credit card were used to purchase a
sensitive item. In other cases, we submitted falsified end-user agreements
stating the end use of the product and agreeing not to export the sensitive
item. On one occasion, we provided a local military unit as the end use of
the item and a fictitious military ID we created using commercial
computer software. After we purchased the sensitive items, when possible,
we obtained written price quotes from manufacturers and distributors for
purchases of additional quantities of items we successfully purchased.
After successfully purchasing these items in an undercover capacity, we
contacted the distributors and manufacturers of the items and informed
them of our operation. We did not attempt to purchase items from
individual persons or commercial auction sites such as eBay or craigslist.
Of the sensitive items disclosed we did not purchase the oscilloscope,
enhanced small arms protective inserts, and the night-vision goggles. For
these items we obtained written price quotes in lieu of purchasing the
items due to their costs or due to the fact we had purchased the item in
previous work. After obtaining the prices quotes, we confirmed with the
seller of the items that our purchases would have been successful once we
had made payment arrangement for the items.

To attempt to export purchased items without detection by domestic law-

enforcement officials, we coordinated with foreign government officials to
covertly export items out of the United States. We shipped the items to a
destination known to be a transshipment point for terrorist organizations

Page 21 GAO-09-725T
 and other foreign governments. We were able to export a number of items.
The export process consisted of mailing the dummy versions of items from
the United States through commercial package shipment. We falsified the
shipment documents provided with the package. When the foreign
government officials received the shipment they received specific
instructions on how to inspect the shipment to verify that the package was
sealed and was not opened or inspected by any U.S. officials. The foreign
government officials also received special instructions on how to mail the
package to GAO. GAO successfully received all items back from foreign
law enforcement officials. We briefed officials at the Departments of State
and Commerce, as well as law-enforcement officials within the
Departments of Defense, Homeland Security, and Justice on the results of
our work and incorporated their comments concerning controls over
exported items.

(192289)
Page 22 GAO-09-725T
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