[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Notices]
[Page 54930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-110]
[[Page 54930]]
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DEPARTMENT OF STATE
[Public Notice 4493]
Bureau of Nonproliferation; Imposition of Missile Proliferation
Sanctions Against a Chinese Entity
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: A determination has been made that a Chinese entity has
engaged in missile technology proliferation activities that require
imposition of sanctions pursuant to the Arms Export Control Act, as
amended, and the Export Administration Act of 1979, as amended (as
carried out under Executive Order 13222 of August 17, 2001).
EFFECTIVE DATE: September 19, 2003.
FOR FURTHER INFORMATION CONTACT: Vann H. Van Diepen, Office of
Chemical, Biological and Missile Nonproliferation, Bureau of
Nonproliferation, Department of State (202-647-1142).
SUPPLEMENTARY INFORMATION: Pursuant to Section 73(a)(1) of the Arms
Export Control Act (22 U.S.C. 2797b(a)(1)); Section 11B(b)(1) of the
Export Administration Act of 1979 (50 U.S.C. app. 2401b(b)(1)), as
carried out under Executive Order 13222 if August 17, 2001 (hereinafter
cited as the ``Export Administration Act of 1979''); and Executive
Order 12851 of June 11, 1993; a determination was made on August 29,
2003, that the following foreign person has engaged in missile
technology proliferation activities that require the imposition of the
sanctions described in Section 73(a)(2)(A) and (C) of the Arms Export
Control Act (22 U.S.C. 2797b(a)(2)(A) and (C)) and Section
11B(b)(1)(B)(i) and (iii) of the Export Administration Act of 1979 (50
U.S.C. app. 2410b(b)(1)(B)(i) and (iii)) on the following entity and
its sub-units and successors: China North Industries Corporation.
Accordingly, the following sanctions are imposed on this entity:
(A) New individual licenses for exports to the entity described
above of MTCR Annex-controlled equipment or technology controlled
pursuant to the Export Administration Act of 1979 will be denied for
two years;
(B) New licenses for export to the entity described above of MTCR
Annex-controlled equipment or technology controlled pursuant to the
Arms Export Control Act will be denied for two years;
(C) No new United States Government contracts relating to MTCR
Annex-controlled equipment or technology involving the entity described
above will be entered into for two years; and
(D) The importation into the U.S. of products produced by the
entity described above is prohibited for a period of two years.
With respect to items controlled pursuant to the Export
Administration Act of 1979, the export sanction only applies to exports
made pursuant to individual export licenses.
Additionally, because China is a country with a non-market economy
that is not a former member of the Warsaw Pact (as referenced in the
definition of ``person'' in section 74(a)(8)(B) of the Arms Export
Control Act), the sanctions described in Section 73(a)(2)(A) and (C) of
the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(A) and (C)) are also
applicable to all activities of the Chinese government relating to the
development or production of any missile equipment or technology and
all activities of the Chinese government affecting the development or
production of electronics, space systems or equipment, and military
aircraft.
However, a further determination was made on August 29, 2003,
pursuant to section 73(e) of the Arms Export Control Act (22 U.S.C.
2797b(e)), that it is essential to the national security of the United
States to waive for a period of one year from the date of publication
of this notice the import sanction described in Section 73(a)(2)(C) of
the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(C)) to the extent
that this sanction applies to activities described in section
74(a)(8)(B) of the Arms Export Control Act (22 U.S.C. 2797c(a)(8)(B))--
i.e., activities of the Chinese government relating to the development
or production of any missile equipment or technology and activities of
the Chinese government affecting the development or production of
electronics, space systems or equipment, and military aircraft.
Accordingly, the following sanctions are imposed on all activities
of the Chinese government relating to the development or production of
missile equipment or technology and all activities of the Chinese
government affecting the development or production of electronics,
space systems or equipment, and military aircraft:
(A) New licenses for export to the government activities described
above of MTCR Annex-controlled equipment or technology controlled
pursuant to the Arms Export Control Act will be denied for two years;
and
(B) No new United States Government contracts relating to MTCR
Annex-controlled equipment or technology involving the government
activities described above will be entered into for two years.
These measures shall be implemented by the responsible agencies as
provided in Executive Order 12851 of June 11, 1993.
Dated: September 12, 2003.
Susan F. Burk,
Acting Assistant Secretary of State for Nonproliferation, Department of
State.
[FR Doc. 03-23957 Filed 9-18-03; 8:45 am]
BILLING CODE 4710-25-P