[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Notices]
[Page 54930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23957]



[[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