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U.S. Sanctions Chinese Firm For Sale of Missile Technology (May 23, 2003 Federal Register notice)
The State Department has imposed a two-year ban on U.S. imports from North
China Industries Corporation (NORINCO) because the Chinese firm engaged in
proliferation activities, according to a notice in the May 23 Federal Register.
The notice adds that, pursuant to the provisions of the International Traffic in
Arms Regulations, U.S. exports and other transfers of defense articles and
defense services to NORINCO will be suspended until further notice.
According to news reports, NORINCO provided missile technology to Iran.
Following is the text of the May 23 Federal Register announcement:
(begin text)
Federal Register May 23, 2003
Volume 68, Number 100
Notices
From the Federal Register Online via GPO Access
DEPARTMENT OF STATE
Public Notice 4370
Bureau of Nonproliferation; Imposition of Nonproliferation Measures on an Entity
in China, Including a Ban on U.S. Government Procurement
AGENCY: Bureau of Nonproliferation, Department of State.
ACTION: Notice.
SUMMARY: The U.S. Government has determined that a foreign entity has engaged in
missile technology proliferation activities that require the imposition of
measures pursuant to Executive Order 12938 of
November 14, 1994, as amended by
Executive Order 13094 of July 28, 1998.
EFFECTIVE DATE: May 9, 2003.
FOR FURTHER INFORMATION CONTACT: On general issues: Vann H. Van Diepen, Office
of Chemical, Biological, and Missile Nonproliferation, Bureau of
Nonproliferation, Department of State, (202-647-1142). On import ban issues,
Rachelle Stern, Director, Policy Planning and Program Management, Office of
Foreign Assets Control, Department of the Treasury, (202-622-2500). On U.S.
Government procurement ban issues: Gladys Gines, Office of the Procurement
Executive, Department of State, (703-516-1691).
SUPPLEMENTARY INFORMATION: Pursuant to the authorities vested in the President
by the Constitution and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA),
the National Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control
Act (22 U.S.C. 2751 et seq.), and section 301 of title 3, United States Code,
and Executive Order 12938 of November 14, 1994, as amended, the U.S. Government
determined on May 9, 2003 that the following Chinese person has engaged in
proliferation activities that require the imposition of measures pursuant to
sections 4(b), 4(c), and 4(d) of Executive Order 12938: North China Industries
Corporation (NORINCO)
Accordingly, pursuant to the provisions of Executive Order 12938, the following
measures are imposed on this entity, its subunits, and successors for two years:
1. All departments and agencies of the United States Government shall not
procure or enter into any contract for the procurement of any goods, technology,
or services from these entities including the termination of existing contracts;
2. All departments and agencies of the United States government shall not
provide any assistance to these entities, and shall not obligate further funds
for such purposes;
3. The Secretary of the Treasury shall prohibit the importation into the United
States of any goods, technology, or services produced or provided by these
entities, other than information or informational materials within the meaning
of section 203(b)(3) of International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).
These measures shall be implemented by the responsible departments and agencies
as provided in Executive Order 12938.
In addition, pursuant to Sec. 126.7(a)(1) of the International Traffic in Arms
Regulations, it is deemed that suspending the above-named entity from
participating in any activities subject to Section 38 of the Arms Export Control
Act would be in furtherance of the national security and foreign policy of the
United States.
Therefore, until further notice, the Department of State is hereby suspending
all licenses and other approvals for:
(a) exports and other transfers of defense articles and defense services from
the United States;
(b) transfers of U.S.-origin defense articles and defense services from foreign
destinations; and
(c) temporary import of defense articles to or from the above-named entity.
Moreover, it is the policy of the United States to deny licenses and other
approvals for exports and temporary imports of defense articles and defense
services destined for this entity.
Dated: May 16, 2003
John S. Wolf, Assistant Secretary of State for Nonproliferation Department of
State
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
