IRAN AND SYRIA NONPROLIFERATION ACT --

S E C R E T STATE 048864 E.O. 12958: DECL: 04/11/2022 TAGS: PARM MTCRE PREL MNUC ETTC SUBJECT: IRAN AND SYRIA NONPROLIFERATION ACT -- NOTIFICATION OF SANCTIONS AGAINST ONE PAKISTANI ENTITY (C) REF: REF A: 2006 STATE 203732 Classified By: ISN/MTR ACTING DIRECTOR JAMES L. MAYES FOR REASONS 1.4 (B),(D),and (H). ¶1. (U) This is an action request. Embassy Islamabad please see paragraph 5. ¶2. (S) Background: The Iran and Syria Nonproliferation Act (ISNA) requires periodic reports to Congress identifying foreign persons with respect to whom there is credible information indicating that they have transferred to or acquired from Iran or Syria items on multilateral lists (Australia Group (AG), Chemical Weapons Convention (CWC),Missile Technology Control Regime (MTCR),Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement (WA)) or other items with the potential to make a material contribution to missile, WMD, or other certain weapons programs. The USG has determined that Arif Durrani has engaged in activities, as noted above, that warrant the imposition of measures pursuant to Section 3 of the ISNA. Per reftel, Mr. Durrani was also sanctioned by the United States in December 2006. The current sanctions are for transfers that occurred in a reporting period subsequent to the one covered by the December sanctions. ¶3. (S) Accordingly, pursuant to the provisions of the ISNA, the following penalties are imposed on this person, and any subunits, subsidiaries, and successors: a. No department or agency of the United States Government may procure, or enter into any contract for the procurement of any goods, technology, or services from them; b. No department or agency of the United States Government may provide any assistance to them, and they shall not be eligible to participate in any assistance program of the United States Government; c. No USG sales to them of any item on the United States Munitions List are permitted, and all sales to them of any defense articles, defense services, or design and construction services under the Arms Export Control Act are terminated; and d. No new individual licenses shall be granted for the transfer to them of items, the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations, and existing such licenses are suspended. These measures, which will take effect shortly, will remain in place for two years. We want to provide advance notice to the Pakistani Government of this decision, note that this determination will be published soon in the Federal Register, and make clear that the penalties are only on the specific entity involved in this case. End Background. ¶4. (S) Purpose/Objective: To inform the host government of the sanctions determination prior to its publication in the Federal Register. ¶5. (S) Action request: Post is requested to provide the following suggested talking points to appropriate Pakistani government officials and report response. Talking points also may be provided as a non-paper. ¶6. (S//REL PAKISTAN) Suggested Talking Points: -- The United States appreciates our strong bilateral dialogue and cooperation on nonproliferation matters with the Government has determined that there is credible information indicating that a Pakistani citizen, Arif Durrani, transferred to or acquired from Iran since January 1, 1999, or transferred to or acquired from Syria since January 1, 2005, items on a multilateral control list, or other items that have the potential of material contribution to WMD, missile, or other certain weapons programs in Iran or Syria. In this context we recall that in late 2006/early January 2007 we advised you of the imposition of U.S. sanctions under the Iran and Syria Nonproliferation Act (ISNA) on this same individual. -- Sanctions were imposed at that time because of Mr. Durrani's transactions in the transfer of items in contravention of the multilateral control lists, or other items that have the potential to make a transaction of the type specified in the ISNA. -- Since then, we have received further reports indicating an additional transfer that is proscribed in the same way by the ISNA as the transfer that provided the basis for our December 2006 decision to impose sanctions. According to the ISNA, additional information about further transfers in a subsequent reporting period - even if they involve the same overall contract or transaction - are reportable to the U.S. Congress and may form the basis of a decision to sanction. -- Based on these transfers, we have again imposed certain measures against this individual as provided in the Iran and Syria Nonproliferation Act (ISNA). -- As further background, in addition to this sanctions decision, on June 2006 a federal judge in the Southern District of California sentenced Arif Durrani to 150 months' incarceration pursuant to his March 17, 2006 convictions for violating 22 USC 2778, Arms Export Control Act (AECA) and 28 USC 371, Conspiracy to Commit Offenses Against the U.S. Mr. Durrani also was sentenced to three years of supervised release and fined five hundred dollars. Mr. Durrani illegally exported F-5 fighter and Chinook military aircraft parts from the U.S. to the United Arab Emirates, Malaysia, and Belgium. -- Accordingly, pursuant to the provisions of the ISNA, the following measures are imposed on this individual, and any successors, subunits, and subsidiaries: a. No department or agency of the United States Government may procure, or enter into any contract for the procurement of any goods, technology, or services from them; b. No department or agency of the United States Government may provide any assistance to them, and they shall not be eligible to participate in any assistance program of the United States Government; c. No USG sales to them of any item on the United States Munitions List are permitted, and all sales to them of any defense articles, defense services, or design and construction services under the Arms Export Control Act are terminated: and d. No new individual licenses shall be granted for the transfer to them of items, the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations, and existing such licenses are suspended. -- These measures will take effect shortly and will remain in place for two years, starting from the date that the most recent sanctions were imposed. -- This determination will be published soon in the Federal Register. -- We would like to emphasize that these penalties are being levied only on the involved person, Mr. Durrani, and not on any other person or on any part of the Pakistani government. ¶7. (U) Please slug any reporting on this issue for ISN/MTR and SCA. A response is requested as soon as possible. Department point of contact is Matt Hardiman, ISN/MTR, 202-647-3176(hardimanmx@state.sgov.gov). RICE NNNN End Cable Text