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Federal Register / Vol. 70, No.

1 / Monday, January 3, 2005 / Notices 133

Commission believes that deletion of control lists (Australia Group, Chemical Wha Cheong Tai Company (aka Wah
Amex from the quorum requirements of Weapons Convention, Missile Cheong Tai Company and Hua Chang
NASD, NASD Regulation and Dispute Technology Control Regime, Nuclear Tai Company) (China) and any
Resolution’s By-Laws governing Suppliers Group, Wassenaar successor, sub-unit, or subsidiary
participation in transactions in which Arrangement) or otherwise having the thereof; and
Amex Governors have a conflict of potential to make a material Zibo Chemet Equipment Corporation
interest is appropriate because it contribution to the development of Ltd. (aka Chemet Global Ltd.) (China)
clarifies that an Amex-affiliated weapons of mass destruction (WMD) or and any successor, sub-unit, or
Governor cannot be counted as cruise or ballistic missile systems. The
subsidiary thereof.
disinterested for quorum purposes in a latter category includes (a) items of the
meeting of the NASD Board that same kind as those on multilateral lists, Accordingly, pursuant to the
authorizes a contract or transaction with but falling below the control list provisions of the Act, the following
Amex. Finally, the Commission finds parameters, when it is determined that measures are imposed on these entities:
that it is appropriate to eliminate the such items have the potential of making 1. No department or agency of the
requirement that at least two members a material contribution to WMD or United States Government may procure,
of the Executive Committee be members cruise or ballistic missile systems, (b) or enter into any contract for the
of neither the Amex nor NASD other items with the potential of making procurement of, any goods, technology,
Regulation Boards because the original such a material contribution, when or services from these foreign persons;
concern that prompted this added through case-by-case decisions,
2. No department or agency of the
requirement—that market interests and (c) items on U.S. national control
might dominate the NASD Board—no lists for WMD/missile reasons that are United States Government may provide
longer poses any regulatory or not on multilateral lists. It was also any assistance to the foreign persons,
governance concern. determined that sanctions imposed on a and these persons shall not be eligible
It is therefore ordered, pursuant to Spanish entity, effective September 23, to participate in any assistance program
section 19(b)(2) of the Act,15 that the 2004 (69 FR 4845) pursuant to the Iran of the United States Government;
proposed rule change, NASD 2004–110, Nonproliferation Act of 2000, no longer 3. No United States Government sales
as amended, be, and hereby is approved. apply. to the foreign persons of any item on the
The proposed rule change shall be DATES: Effective Date: December 27, United States Munitions List (as in
effective upon the closing of the 2004. effect on August 8, 1995) are permitted,
Transaction. and all sales to these persons of any
FOR FURTHER INFORMATION CONTACT: On
By the Commission. general issues: Vann H. Van Diepen, defense articles, defense services, or
Margaret H. McFarland, Office of Chemical, Biological and design and construction services under
Deputy Secretary. Missile Nonproliferation, Bureau of the Arms Export Control Act are
Nonproliferation, Department of State terminated; and,
[FR Doc. E4–3907 Filed 12–30–04; 8:45 am]
BILLING CODE 8010–01–P (202–647–1142). On U.S. Government 4. No new individual licenses shall be
procurement ban issues: Gladys Gines, granted for the transfer to these foreign
Office of the Procurement Executive, persons of items the export of which is
Department of State (703–516–1691). controlled under the Export
DEPARTMENT OF STATE
SUPPLEMENTARY INFORMATION: Pursuant Administration Act of 1979 or the
Bureau of Nonproliferation to Sections 2 and 3 of the Iran Export Administration Regulations, and
Nonproliferation Act of 2000 (Pub. L. any existing such licenses are
[Public Notice 4946] 106–178), the U.S. Government suspended.
Imposition of Nonproliferation determined on December 20, 2004, that These measures shall be implemented
Measures Against Nine Foreign the measures authorized in Section 3 of by the responsible departments and
Entities, Including a Ban on U.S. the Act shall apply to the following agencies of the United States
Government Procurement, and foreign entities identified in the report Government and will remain in place
Removal of Penalties From One Entity submitted pursuant to Section 2(a) of for two years from the effective date,
the Act: except to the extent that the Secretary of
AGENCY: Department of State. Beijing Alite Technologies Company State or Deputy Secretary of State may
ACTION: Notice. Limited (China) and any successor, sub- subsequently determine otherwise. A
unit, or subsidiary thereof; new determination will be made in the
SUMMARY: A determination has been China Aero-Technology Import Export event that circumstances change in such
made that nine entities have engaged in Corporation (CATIC) (China) and any a manner as to warrant a change in the
activities that require the imposition of successor, sub-unit, or subsidiary duration of sanctions.
measures pursuant to Section 3 of the thereof;
Iran Nonproliferation Act of 2000, China Great Wall Industry In addition, it was determined on
which provides for penalties on entities Corporation (China) and any successor, December 20, 2004, that the sanctions
for the transfer to Iran since January 1, sub-unit, or subsidiary thereof; imposed effective September 23, 2004
1999, of equipment and technology China North Industry Corporation (69 FR 4845), on the Spanish entity
controlled under multilateral export (NORINCO) (China) and any successor, Telstar (and any successor, sub-unit, or
sub-unit, or subsidiary thereof; subsidiary thereof), no longer apply.
qualify as a Non-Industry Director or Non-Industry Ecoma Enterprise Co. Ltd. (Taiwan) Dated: December 27, 2004.
Governor under the prong of that definition that and any successor, sub-unit, or
states that a Non-Industry Director or Non-Industry Vann H. Van Diepen,
subsidiary thereof;
Governor is ‘‘any other individual who would not Acting Assistant Secretary of State for
be an Industry Director.’’ Thus, before and after this
Paeksan Associated Corporation
(North Korea) and any successor, sub- Nonproliferation, Department of State.
change, an officer or employee of a listed issuer
could qualify in any of these three categories. unit, or subsidiary thereof; [FR Doc. 04–28736 Filed 12–30–04; 8:45 am]
15 15 U.S.C. 78s(b)(2). Q.C. Chen (China); BILLING CODE 4710–27–P

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