[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Notices]
[Pages 56260-56261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21079]


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DEPARTMENT OF STATE

Bureau of Nonproliferation

[Public Notice 4833]


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.

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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: September 20, 2004.

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 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 September 9, 2004 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:

Xinshidai (also known as China Xinshidai Company, XSD, China New Era 
Group, or China New Era Group)

    Accordingly, pursuant to the provisions of Executive Order 12938,

[[Page 56261]]

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 the 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 section 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: September 13, 2004.
Susan F. Burk,
Acting Assistant Secretary of State for Nonproliferation, Department of 
State.
[FR Doc. 04-21079 Filed 9-17-04; 8:45 am]
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