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Contract analysis / memo-tobias-engel-renewables-transaction.docx
memo-tobias-engel-renewables-transaction.docx
High · 1
Medium · 1
Standard · 2
I. Executive Summary
Standard
⚑ Commercial term
I. Executive Summary This memorandum analyzes a single suspect transaction between Dunmore Renewables GmbH ("Dunmore Renewables"), the Hamburg-based renewable energy subsidiary of Dunmore Energy Holdings Ltd. ("DEH" or "Dunmore"), and Caspian Logistik GmbH ("Caspian Logistik"), a Hamburg-registered logistics company under investigation for potential export control violations involving dual-use items. The purpose of t
II. Background
Standard
⚑ Commercial term
II. Background A. Dunmore Renewables GmbH — Entity Profile Dunmore Renewables GmbH is a Gesellschaft mit beschränkter Haftung ("GmbH") incorporated under the laws of the Federal Republic of Germany. Its registered office is located at Überseeallee 12, 20457 Hamburg, Germany, in the HafenCity district of Hamburg. The entity was formed in 2018 as a wholly-owned subsidiary of Dunmore Energy Holdings Ltd., a Cayman Islan
III. Tobias Engel — Role and Knowledge Assessment
Medium
⚑ Liability cap to check against exposure
III. Tobias Engel — Role and Knowledge Assessment A. Professional Background Tobias Engel is a German national, born in 1975, and has been resident in Hamburg for the duration of his tenure at Dunmore Renewables. He has served as Managing Director (Geschäftsführer) of Dunmore Renewables GmbH since the subsidiary's formation in 2018. Engel was recruited to lead the newly established renewable energy subsidiary by DEH'
IV. The Equipment Diversion — Detailed Factual Analysis
High
⚑ Non-compete / exclusivity restraint
IV. The Equipment Diversion — Detailed Factual Analysis A. Procurement and Logistics Chain The following is a chronological summary of the procurement, logistics, and diversion of the equipment at issue, based on the documentary evidence reviewed to date: Late 2020 – February 2021: Project Planning and Equipment Specification. The Upper Rhine geothermal pilot project was approved by DEH's investment committee in late
V. Export Control Classification Analysis
V. Export Control Classification Analysis A. Applicable U.S. Regulatory Framework The principal U.S. regulatory frameworks applicable to the transaction at issue are the Export Administration Regulations ("EAR"), codified at 15 C.F.R. Parts 730–774, and the economic sanctions programs administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. Under the EAR, the export, reexp