Identifier
Created
Classification
Origin
08STATE110756
2008-10-16 21:56:00
SECRET
Secretary of State
Cable title:  

IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT

Tags:  PARM MTCRE PREL MNUC ETTC RS 
pdf how-to read a cable
VZCZCXYZ0010
PP RUEHWEB

DE RUEHC #0756 2902201
ZNY SSSSS ZZH
P 162156Z OCT 08
FM SECSTATE WASHDC
TO AMEMBASSY MOSCOW PRIORITY 0000
S E C R E T STATE 110756 

SIPDIS

E.O. 12958: DECL: 10/16/2018
TAGS: PARM MTCRE PREL MNUC ETTC RS
SUBJECT: IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT
-- NOTIFICATION OF SANCTIONS AGAINST ROSOBORONEXPORT (C)

REF: A. 08 STATE 137954

B. 08 STATE 17205

C. 07 STATE 26466

D. STATE 086309

E. STATE 108136

Classified By: ACTING EUR DAS ANITA FRIEDT
FOR REASONS 1.4 B, D, and H.

S E C R E T STATE 110756

SIPDIS

E.O. 12958: DECL: 10/16/2018
TAGS: PARM MTCRE PREL MNUC ETTC RS
SUBJECT: IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT
-- NOTIFICATION OF SANCTIONS AGAINST ROSOBORONEXPORT (C)

REF: A. 08 STATE 137954

B. 08 STATE 17205

C. 07 STATE 26466

D. STATE 086309

E. STATE 108136

Classified By: ACTING EUR DAS ANITA FRIEDT
FOR REASONS 1.4 B, D, and H.


1. (U) This is an action request. Embassy Moscow please see
paragraph 5.


2. (S) Background: The Iran, North Korea and Syria
Nonproliferation Act (INKSNA) requires periodic reports to
Congress identifying foreign entities with respect to whom
there is credible information indicating that they have
transferred to or acquired from Iran, North Korea or Syria
goods, services, or technology on multilateral export control
lists (Australia Group (AG),Chemical Weapons Convention
(CWC),Missile Technology Control Regime (MTCR),Nuclear
Suppliers Group (NSG),and the Wassenaar Arrangement) or
other items with the potential to make a material
contribution to missile systems or the development of WMD.
Sanctions may be imposed under Section 3 of the INKSNA on
those persons identified in the report. The USG has
determined that Rosoboronexport engaged in activities, as
noted above, that warrant the imposition of sanctions.


3. (S) Accordingly, pursuant to the provisions of the
INKSNA, the following penalties are imposed on ROE, its
subunits, subsidiaries, and successors except to the extent
that the Secretary of State otherwise may have determined:

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 the sanctioned
entity;

b. No department or agency of the United States Government
may provide any assistance to the sanctioned entity, and the
sanctioned entity shall not be eligible to participate in any
assistance program of the United States Government;

c. No USG sales to the sanctioned entity 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. New individual licenses shall be denied and existing
licenses are suspended for the transfer to the sanctioned
entity of items, the export of which is controlled under the
Export Administration Act of 1979 or the Export
Administration Regulations.

These measures will remain in place for two years. We want
to provide advance notice to the Russian 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 Rosoboronexport and not the Government of Russia.



4. (S) Purpose/Objective: To inform the host government of
the sanction determination prior to its publication in the
Federal Register. Post may also draw from reftels on this
case as appropriate, to reiterate U.S. concerns regarding the
supply of conventional arms to Iran. Post should make clear
that the U.S. will continue to raise cases of proliferation
concern with the Government of Russia and look for
opportunities to cooperate.


5. (S) Action request: Post is requested to provide the
following suggested talking points to appropriate Russian
government officials and report response. Talking points
also may be provided as a non-paper.


6. (S//REL RUSSIA) Suggested Talking Points:

-- The United States has determined that there is credible
information indicating that Rosoboronexport (ROE) transferred
to Iran TOR-M1 surface-to-air missile systems.

-- We have regularly advised the government of Russia that we
object to arms sales to Iran and Syria. Continued arms sales
to Iran and Syria undermine our joint diplomatic efforts to
resolve the Iranian nuclear weapons issue and threaten or
destabilize e regional stability in the Middle East and
threaten U.S. and coalition forces.

-- As we have recently discussed, Iran and Syria are both
State Sponsors of Terrorism, and Russian entities that have
previously or continue to make proliferation-related
transfers to these states risk incurring sanctions under U.S.
law.

-- We view military- and proliferation-related transfers to
Iran very seriously, particularly in light of Iran's
continuing refusal to meet IAEA and UN requirements with
regard to its nuclear program and its transfers of
conventional weapons to insurgent groups in Iraq and
Afghanistan as well as Hezbollah.

-- The U.S. has thus decided to impose sanctions on ROE as
provided for in the Iran, North Korea, and Syria
Nonproliferation Act (INKSNA).

-- Accordingly, pursuant to the provisions of the INKSNA, the
following measures are imposed on ROE and its successors,
subunits, and subsidiaries:

a. Except to the extent that the Secretary of State otherwise
may have determined, 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
ROE;

b. Except to the extent that the Secretary of State otherwise
may have determined, no department or agency of the United
States Government may provide any assistance to ROE, and ROE
shall not be eligible to participate in any assistance
program of the United States Government;

c. Except to the extent that the Secretary of State otherwise
may have determined, no USG sales to ROE of any item on the
United States Munitions List are permitted, and all sales to
ROE of any defense articles, defense services, or design and
construction services under the Arms Export Control Act are
terminated; and

d. Except to the extent that the Secretary of State otherwise
may have determined, no new individual licenses shall be
granted for the transfer to ROE 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.

-- This determination will be published soon in the Federal
Register.

SECRET/Rel Russia

If Raised:

Appearance of Federal Register notice:

-- The Federal Register notice will appear in the coming
week. We'll make sure you receive a copy.

Termination of sanctions:

-- As a matter of policy, the U.S. has been willing to
reconsider the sanctions if the company provided further
information and/or made certain commitments. This was the
case with Sukhoy.

-- Our commitment to nonproliferation and our particular
concerns about arms sales to Iran and Syria remain.

-- Continued arms sales to Iran and Syria undermine our joint
diplomatic efforts to resolve the Iranian nuclear weapons
issue and the crisis in the Middle East.

End Talking Points


7. (U) Please slug any reporting on this issue for VCI,
EUR/PRA, and EUR/RUS. A response is requested as soon as
possible. Department point of contact is Matt Hardiman,
EUR/PRA, and Steve Tomchik, VCI/FO.
RICE