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Weapons of Mass Destruction (WMD)

19 February 2003

Fact Sheet: U.S. Penalizes Indian Entity for Aiding Iraq's Weapons Program

(Penalties pursuant to 1991 Chemical and Biological Weapons Act) (590)
The United States imposed penalties February 4 on the Indian entity,
NEC Engineers Private, Ltd., and its president, Hans Raj Shiv, for
"knowingly and materially contributing to Iraq's chemical/biological
weapons (CBW) program," according to a Department of State fact sheet
released February 19.
The penalties have been imposed pursuant to the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991, the
fact sheet says. This act mandates U.S. sanctions and encourages
international sanctions against countries that use chemical or
biological weapons in violation of international law.
NEC Engineers Private, Ltd. is originally based in India, but also
operates in the Middle East and Eurasia, the fact sheet states.
According to the fact sheet, the United States will no longer procure
goods or services from, nor import any products produced by the
sanctioned entities.
The fact sheet says, the U.S. hopes the sanctions "will support the
steps India is taking" to prevent the proliferation of CBW materials
and "encourage other governments to take similar steps."
Following is the text of the February 19 State Department fact sheet:
(begin fact sheet)
U.S. DEPARTMENT OF STATE
Office of the Spokesman
February 19, 2003
FACT SHEET
Sanctions Imposed on Indian Entities Pursuant to the
Chemical/Biological Weapons Sanctions Law
On February 4, 2003, penalties were imposed on the Indian entity, NEC
Engineers Private, Ltd., and an Indian individual, Hans Raj Shiv,
pursuant to the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991. NEC Engineers Private, Ltd. is an entity
originally based in India, but also operating in the Middle East and
Eurasia. Hans Raj Shiv, NEC Engineers Private, Ltd.'s president, was
previously residing in India, but last believed to be in the Middle
East. The penalties will remain in effect for at least 12 months.
Penalties were previously imposed on Hans Raj Shiv on July 9, 2002,
pursuant to the Iran-Iraq Arms Nonproliferation Act of 1992.
This determination will be published soon in the Federal Register.
Penalties were imposed on these entities for knowingly and materially
contributing to Iraq's chemical/biological weapons (CBW) program.
The penalties imposed on NEC Engineers Private, Ltd. and Hans Raj Shiv
pursuant to the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 are as follows:
-- The U.S. Government shall not procure, or enter into any contract
for the procurement of, any goods or services from the sanctioned
entities and their successors; and
-- The importation into the United States of products produced by the
sanctioned entities and their successors shall be prohibited.
The Indian government was informed through diplomatic channels of our
recent sanctions decision; we are not in a position to discuss the
details of our contacts on this issue. These penalties are specific to
the named entities, and do not extend to India or the Indian
government.
Indeed, we see these steps as consistent with the Indian government's
ongoing efforts to halt Indian entities from engaging in illicit
activities with WMD and missile programs in the Middle East and
elsewhere.
The Indian government has been conducting its own investigation into
the activities of NEC and affiliated companies, has taken steps to try
to prevent further proliferant exports, and has arrested two
principals of the company. Unfortunately, NEC and Shiv have shifted
operations to other locations. We hope our actions will support the
steps India is taking, and will encourage other governments to take
similar steps.
(end fact sheet)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)



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