Identifier
Created
Classification
Origin
07STATE48864
2007-04-12 20:58:00
SECRET
Secretary of State
Cable title:  

IRAN AND SYRIA NONPROLIFERATION ACT --

Tags:  PARM MTCRE PREL MNUC ETTC 
pdf how-to read a cable
O P 122058Z APR 07
FM SECSTATE WASHDC
TO PAGE 02 STATE 048864 122107Z
AMEMBASSY ISLAMABAD IMMEDIATE
MISSILE TECHNOLOGY CONTROL REGIME COLLECTIVE PRIORITY
INFO AMEMBASSY DAMASCUS PRIORITY
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).

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


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End Cable Text