[ RadSafe ] Dutch Piracy reiterated

Mon May 5 23:44:04 CDT 2014

Hi Group:

Some years back, a shipment of soil testing devices was halted to Iran
because they each contained two small radioactive sources (neutron & gamma)
for measuring soil density & soil moisture. Apparently someone believed
they could be repurposed for nefarious uses. At the time I reflected on the
presence of numerous borehole-logging sources for the Iranian petroleum
industry containing far, far more activity.

Some things just don't make any sense.

Dan ii

Dan W McCarn, Geologist
108 Sherwood Blvd
Los Alamos, NM 87544-3425
+1-505-672-2014 (Home – New Mexico)
+1-505-670-8123 (Mobile - New Mexico)
HotGreenChile at gmail.com (Private email) HotGreenChile at gmail dot com

On Mon, May 5, 2014 at 12:36 PM, Holcomb, Robert D <
dholcomb at austin.utexas.edu> wrote:

> Claiming to have stopped a "WMD" shipment seems like a nice feather in a
> regulator's cap.  What is the administrative process for eating crow baked
> in humble pie?  The agency will not want to wear that bad PR, even if it is
> just internal.  If they bragged about it, or made it a big deal, even
> worse.  I don't know the particulars, but usually human nature factors are
> larger issues than data or facts.
>
>
>
> Just my 3 cents...
>
> DeWayne Holcomb, CHP, CLSO
>
> ________________________________
> From: Doug Aitken <JAitken at slb.com>
> Sent: Monday, May 05, 2014 6:00
> To: The International Radiation Protection (Health Physics) Mailing List
> Subject: Re: [ RadSafe ] Dutch Piracy reiterated
>
> While I deplore any action of this sort that is unjustified, I think it is
> naïve to ask anyone other than a competent lawyer contracted by the vendor
> to intervene in this.
>
>  I personally have no doubt that the facts as presented are correct,
> however, I have absolutely no idea of the contents of the shipment. And as
> I have never used any of the radiation equipment in question, nor do I have
> a detailed understanding of the law applied to this seizure, I would not be
> willing to make any statements regarding the legitimacy of the actions
> taken by the Dutch authorities.
>
> This is strictly a matter for a lawyer specializing in these regulations
> to fight and for the company to clearly explain the characteristics and
> usage of the equipment seized.
>
> Regards
> Doug
>
> Doug Aitken
> QHSE Advisor, D&M Operations Support
> Schlumberger Technology Corporation
>
>
>
> -----Original Message-----
> From: radsafe-bounces at health.phys.iit.edu [mailto:
> radsafe-bounces at health.phys.iit.edu] On Behalf Of Marco Caceci
> Sent: Monday, May 05, 2014 3:08 AM
> To: 'The International Radiation Protection (Health Physics) Mailing List'
> Subject: Re: [ RadSafe ] Dutch Piracy reiterated
>
> Hi Dimiter:
>
> Thank you for your comment. I still think these people are clowns, in the
> sense that they entertain by acting stupid.
>
> Anyhow, I must say I am disappointed at the lack or reaction on this
> forum: nobody else but you commented or contacted me on this issue. Lunar
> eclipses seem to raise more debate.
>
> Is it possible that nobody else but you gets upset when a repressive
> regime, in breach of international treaties, without jurisdiction,
> extrajudiciarily confiscates radiation protection equipment, and fabricates
> preposterous pretexts to justify such piracy, while delaying  (for 10
> months now) fair trial in a court of law?
>
> Having received confused comments in this regard, let me clarify and
> appeal once again to the community.
>
> Dutch Customs confiscated a shipment of radiation detectors of ours bound
> to Iran (www.radal.com<http://www.radal.com>). EU law clearly allows such
> sales.
> An unnamed prosecutor claims (http://www.radal.com/images/PubPro1_RED.pdf)
> that they have seized prohibited neutron "nuclear detection devices for
> specific use in nuclear reactor, respectively state of war" whatever that
> means. They promise to file criminal charges but haven't done so. See more
> details below.
>
> What I would like to be able to do is to prove to the judge that our x-ray
> / gamma detectors/alarms are not (as should be obvious to us all)
> prohibited neutron detectors nor specially designed SNM identification
> instruments.
>
> Hence it would certainly help if I could collect statements from experts,
> of which are many on this forum:
>
> - addressed “to whom it may concern”
> - indicating that the RadAl™-1 products as described in their user manual
> posted on http://radal.com/RadAl201.pdf:
> 1 – are properly described as "instruments for radiation protection,
> limited by design or function to protect against hazards specific to
> residential safety and civil industries, such as mining, quarrying,
> agriculture, pharmaceuticals, medical, veterinary, environmental, waste
> management, or to the food industry".
> 2 – are not “neutron detection and measuring instruments specially
> designed or prepared for determining neutron flux levels within the core of
> a nuclear reactor”.
> 3 – are not “nuclear detection systems, specially designed or modified for
> detection or identification of radioactive materials adapted for use in
> war”.
> And possibly
> - indicating availability to provide expert testimony to a court of law.
> - explaining why you are an expert in the field of radiation detectors.
>
> Dear Dimiter: could you send me such a letter as PDF?
> Dear colleagues: could you produce such a letter for me?
>
> This is serious request, I am being charged in a criminal case deriving
> from my company's (legal) activities in the field of radiation protection,
> which is a topic relevant to this newsletter.
> Your help would be much appreciated, it could contribute to provide better
> radiation protection to the public against attempts to deny it, and could
> help redress this farcical perversion of justice and avoid further
> aggravation and stress to your humble servant
>
> Thank you all in advance then
>
> Marco
>
> Dr Marco Caceci
> Principal
> L.Q.C. s.l.u., Vilabertran 15, 17130 La Escala, Spain tel +34 902 88 4887mob +34
> 607 07 1196 fax +34 972 98 0591 web www.radal.com<http://www.radal.com> @
> mcaceci at radal.com
>
>
> ----------------------------------------------------------
>
> Dimiter Popoff didi at tgi-sci.com
> Thu Apr 10 09:46:41 CDT 2014
>
> Hi Marco,
>
> I probably can't offer any real help but the story is so sickening
> I find it hard to just shut up.
>
> I think the "prosecutor" is deliberately sabotaging your shipment
> for some reasons they should be made to explain.
>
> Here is why I think so:
>
> 1. No "normal" person can be *that* stupid - if he/she were that stupid
> he/she
> would be unable to find his/her way to work to the office every day.
>
> 2. He/she would not hide behind the anonymity if he/she felt right.
>
>
> Best of luck - and I hope you make them pay for every penny they
> have wasted for you, interest included.
>
>
> Dimiter
>
> ------------------------------------------------------
> Dimiter Popoff, TGI             http://www.tgi-sci.com
> ------------------------------------------------------
> http://www.flickr.com/photos/didi_tgi/sets/72157600228621276/
>
>
>
>
> >From: "Marco Caceci" <chemitech at chemitech.com>
> >To: <radsafe at health.phys.iit.edu>
> >Date: Thu, 10 Apr 2014 09:28:06 +0200
> >Subject: [ RadSafe ] Dutch Piracy
> >
> >In August 2013 Dutch Customs seized in Schiphol a shipment of our
> products,
> >RadAl(tm)-1 wall mount gamma radiation alarms (www.radal.com<
> http://www.radal.com>) destined to
> >Iran.
> >
> >To make a long story short, we have spent now some eight months trying to
> >get our stuff back and to find out the reasons for this patent act of
> >piracy.
> >
> >Some of us already know that according to EU law (267/2012, regulating
> >exports to Iran; and 428/2009, enumerating "dual use" items that require a
> >license), instruments like ours that are "detection equipment limited by
> >design or function to protect against hazards specific to residential
> safety
> >and civil industries, such as mining, quarrying, agriculture,
> >pharmaceuticals, medical, veterinary, environmental, waste management, or
> to
> >the food industry" are <explicitly> not regulated as "double use items",
> >hence they require no licensing for export and their export to Iran is not
> >prohibited.
> >
> >Dutch Customs after some excitement about this Mafia - Iran - Plutonium
> >conspiracy (they diligently contacted our Spanish police who made a few
> nice
> >calls asking if we were doing anything illegal, just in case) passed the
> >buck on to a Public Prosecutor.
> >
> >Finally an assistant to an unnamed Prosecutor told us in writing that our
> >goods are "criminally seized", and they will "examine this criminal case";
> >and, lo and behold, deigns to give their reasons: our products are cited
> by
> >EU law 428/2009, being, they say, class 0A001.j, namely:
> >
> >- Neutron detection and measuring instruments specially designed or
> prepared
> >for determining neutron flux levels within the core of a "nuclear reactor"
> >and (at the same time), being class 1A004.c:
> >- Nuclear, biological and chemical (NBC) detection systems, specially
> >designed or modified for detection or identification of . Radioactive
> >materials "adapted for use in war"
> >
> >This they summarize as "nuclear detection devices for specific use in
> >nuclear reactor, respectively state of war". Sic.
> >
> >The Prosecutor's assistant has no doubts since "the opinion of the Dutch
> >Ministry of Foreign Affairs is that the goods fall under the regulation
> >267/2012".
> >
> >Should I worry? Will the judge believe the Customs Inspectors, the Public
> >Prosecutor, and the Ministry of Foreign Affairs (all knowledgeable in
> >nuclear reactor core neutron flux level meters), or your humble servant -
> >who is clearly an underground southerner Mafia communist trading in
> >forbidden nuclear reactor/bomb parts?
> >
> >It is understandable that a lawyer cannot tell the difference between a
> >gamma, a neutron, and a turkey. But this one has had eight months to
> learn,
> >could have read the user manual or the information we volunteered, or
> could
> >have asked an expert for advice. Maybe they got advice from anti-nuclear
> >activists.
> >
> >Meanwhile, having obtained favorable opinions from Spanish Customs and the
> >Spanish Ministry for International Trade, we have resumed our exports to
> >Iran uneventfully. So we have a situation where under the same EU laws the
> >same goods going to the same place are seized in Schiphol but are allowed
> >through Barcelona/Istanbul.
> >For a picture of our alarms in place (maybe they are detecting neutrons
> >above a secret underground reactor core) see
> >http://www.radal.com/images/iran.jpg
> >A redacted copy of the Public Prosecutor's message is at address
> >http://www.radal.com/images/PubPro1_RED.pdf - please do not bug them,
> keep
> >your comments for the judge.
> >
> >The unlawful sizing of goods in transit on a territory is piracy.
> Radiation
> >protection equipment protects people's health, sabotaging its trade is
> >immoral - hence European law, justly, (still) allows its export to Iran.
> >
> >I wouldn't have expected this from a country which hosted a "Nuclear
> >Security Summit 2014 ... aimed at preventing nuclear terrorism around the
> >globe". Caveat emptor...
> >
> >In anticipation of my day in court, I would appreciate if any colleague,
> >particularly if nearby (Holland), in a position of authority (radiation
> >protection society.) and/or who has ever seen a neutron detector for a
> >reactor core, could contact me to arrange possible support (letters or
> >expert testimony).
> >
> >Any advice or comment to me will be welcome. Indeed I would appreciate to
> >hear your opinion on this case: in particular I cannot decide: is the
> Public
> >Prosecutor stupid (in the sense that he/she really believes they have
> caught
> >prohibited neutron detectors "adapted for use of war") or evil (in the
> sense
> >that he/she knows they speak hogwash, and intend to harass and
> intimidate)?
> >
> >Greetings and Thanks
> >
> >Marco
> >
> >Dr Marco Caceci
> >Principal
> >L.Q.C. s.l.u., Vilabertran 15, 17130 La Escala, Spain tel +34 902 88 4887
> >mob +34 607 07 1196 fax +34 972 98 0591 web www.radal.com<
> http://www.radal.com> @
> >mcaceci at radal.com
> >
> >
>
>
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