(C) IRAN, NORTH KOREA, AND SYRIA NON PROLIFERATION

S E C R E T SEOUL 002076 SIPDIS STATE PASS TO ISN/MTR, EAP/K E.O. 12958: DECL: 10/22/2018 TAGS: PARM PREL MNUC ETTC SUBJECT: (C) IRAN, NORTH KOREA, AND SYRIA NON PROLIFERATION ACT -- NOTIFICATION OF SANCTIONS AGAINST A SOUTH KOREAN ENTITY REF: STATE 111822 Classified By: POLMC Joe Yun for reasons 1.4 (B, D, H). ¶1. (U) This is an action request. Please see para 3. ¶2. (SBU) On October 22, poloffs delivered reftel demarche to Ministry of Foreign Affairs and Trade (MOFAT),Disarmament and Nonproliferation Division's First Secretary Jae-woo Kim. Kim was very concerned about Yolin Technology's sanction notification in the Federal Registrar. He stressed that he would distribute the non-paper to his supervisors for discussion and follow-up. ¶3. (S) In the meantime, Kim requested a prompt USG response to the following questions: --Why did the USG take so long to initiate this action, since the ROK took action against Yolin in October 2006? Was the USG's action prompted by the ROK's actions against Yolin, a USG investigation regarding the May 2006 event, or a separate USG investigation of a new incident involving Yolin? If the last case, the ROK would like all relevant information on new violations. --Besides its successors, subunits, and subsidiaries, will the sanctions effect Korean entities that do business (trade or financial) with Yolin? --Can Yolin lodge a formal complaint, protest, or appeal outside the legal system? --What measures must Yolin undertake to remove itself from the sanctions list in two years? Is it possible to be removed earlier? Specifically, are there compliance measures or reporting mechanisms that will facilitate Yolin's removal from the list of sanctioned entities? --If the ROK sanctions the company or successfully prosecutes the individual(s) involved, is there a waiver available that will remove Yolin from the list of sanctioned entities, or at the very least, allow it to participate in the sanctioned commercial activities? ¶4. (SBU) We would appreciate the Department's early response to MOFAT's queries above. STEPHENS