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CHINA
Adherence to Treaties and Agreements
"In the 1950s, you three times
threatened nuclear
strikes on China, and you could do that because
we couldn't hit back. Now we can.
So you are not going to threaten us again
because, in the end, you care a lot
more about Los Angeles than Taipei."
Lt. Gen. Xiong Guangkai,
Deputy Chief of China's General staff, 1996 (1)
Despite a policy of engagement, China
continues to violate the human rights of its own people. Forced abortions and
sterilization, organ selling, military suppression of free speech and due process, and
government control of the media continue to this day. Since the Tiananmen Square Crisis on
June 5, 1989, renewing China’s MFN (Most Favored Nation) status has been a hotly
debated topic in the halls of Congress.
More importantly, China continues to repeatedly violate various
non-proliferation treaties, all the while offering multiple, yet questionable, assurances
to the contrary. The following information, compiled or quoted directly from
CRS94002, CRS94-422S, CRS94-92F, CRS92056, CRS98018, CRS980717, and CRS98-48F reveals the
pattern of violations:
1984
1985
June 5, 1989, President Bush imposed a
ban on weapon sales. "President Bush announced he would prohibit all U.S. Government
and commercial sales of military equipment and weapons. Congress later codified the
prohibition in the State Department Authorization bill (H.R. 1487), which passed on
January 30, 1990, and was signed by the President on February 16, 1990. It became P.L.
[Public Law] 101-246, and is the primary source of existing U.S. sanctions against
China."4
1991
In June of 1991, the Bush Administration
first imposed sanctions on China for transferring M-11 technology to Pakistan. "The
sanctions affected exports of supercomputers, satellites, and missile technology."5
1992
In February of 1992, China agreed to, but
did not sign, the MTRC (Missile Technology Control Regime).6
On March 9, 1992, China signed the NPT
(Nuclear Nonproliferation Treaty).7
On March 23, 1992, President Bush waived
sanctions.8
1993
In January 1993, China signed the CWC
(Chemical Weapons Convention), which would take effect on April 29, 1997.9
In April of 1993, "the President
imposed sanctions against CGWIC (China Great Wall Industry Corporation) for providing
technology to Pakistan."10
On May 28, 1993, "President Clinton
requested authority to renew China's MFN status for another year"11, but
indicated "he would consider new human rights criteria" for MFN renewal in 1994.12
In July of 1993, the United States called
for an informal ban on underground nuclear testing.13
By August of 1993, the United States
discovered that "China had again transferred M-11 technology to Pakistan, in
violation of the MTCR and NPT. On August 23, 1993, the Clinton Administration imposed
sanctions against China."14
"On October 5, 1993, China conducted
an underground nuclear test, despite a U.S. call…for an informal ban on such
testing."15 China was still under sanctions.
On November 11, 1993, "Secretary of
State Christopher announced the United States was dropping its opposition to the sale of
an $8 million Cray supercomputer to China."16 China was still under sanctions.
1994
On May 26, 1994, "President Clinton
announced that he was recommending the renewal of China's MFN status,
‘delinking’ it from China's human rights record, and imposing an embargo on arms
imports from China."17
On May 28, 1994, the arms import embargo
against China went into effect; however, China could still purchase dual-use technology.18
"On June 10, 1994, China conducted a
nuclear weapons test."19 The United States did not impose additional
sanctions.
On September 2, 1994, "Secretary of
Commerce Brown left China after a visit marked by the signing of over $5 billion worth of
contracts involving U.S. business."20
On October 4, 1994, "Secretary of
State Christopher and Foreign Minister Qian Qichen signed a joint statement that
Washington would waive the August 1993 sanctions and Beijing would not export
ground-to-ground missiles ‘inherently capable’ of delivering a 500 kg warhead
300 km (missile technology was not mentioned)."21
"On October 10, 1994, China
conducted a nuclear weapons test, its second in 1994."22
Despite this, President Clinton waived
sanctions on November 1, 1994.23
1995
1996
In January 1996, "Vice Admiral John
Scott Redd, Commander of the U.S. Fifth Fleet, reported that China supplied to Iran C-802
anti-ship cruise missiles. The C-802 is a subsonic (0.9 Mach) missile which has a range of
120 km. (75 mi.) and carries a 165 kg. (363 lb.) warhead. No international agreement bans
transfers of anti-ship missiles, and the C-802 is not covered by the MTCR, which controls
exports of ballistic and cruise missiles that can deliver 500 kg. warheads to 300 km.
Nevertheless, some argue that the transfer has violated the Iran-Iraq Arms
nonproliferation Act (P.L. 102-484), which requires sanctions for transfers that
contribute to Iranian or Iraqi efforts to acquire ‘destabilizing numbers and types of
advanced conventional weapons’ (including cruise missiles) or WMD."32
On February 5, 1996, the Washington Times
"first disclosed intelligence reports that the China National Nuclear Corporation, a
state-owned corporation, transferred [5,000 ring magnets] to the A.Q. Khan Research
Laboratory in Kahuta, Pakistan."33 The 5,000 ring magnets "can be used in
gas centrifuges to enrich uranium. The shipment was made after June 1994 and was worth
$70,000. Iran's nuclear facility at Karaj [was] not under IAEA safeguards."34
The Secretary of Defense reported in
April 1996 that "the Iranians have purchased an electromagnetic isotope separation
unit from China."35
On May 10, 1996, the State Department
"announced that China and Pakistan would not be sanctioned. "36
On the same day, then-CIA "Director
John Deutch reportedly said at a White House meeting that Chinese officials at some level
likely approved the sale of magnets. This view was reportedly supported by Defense
Secretary Perry, but disputed by officials from the Commerce and Treasury Departments and
the U.S. Trade Representative office, who cited a lack of solid proof."37
On May 11, 1996, the Chinese issued a
statement promising to make only IAEA safeguarded nuclear transfers.38
In a reversal four days later, on May 15,
1996, the Clinton Administration "declared it would impose sweeping sanctions on
China because of Chinese failure to adequately enforce the terms of its 1995 bilateral
agreement on intellectual property rights." 39
In another reversal five days later, on
May 20, 1996, "President Clinton announced that he would be requesting an extension
of China's [MFN] trading status."40
On July 30, 1996, China declared a
moratorium on nuclear testing.41
In August, 1996, "China agreed to
sell accelerometers and test equipment, which could be used to build and test components
for missile guidance, to Iran's Defense Industries Organization." The United States
did not impose sanctions.42
In September, 1996, China signed the CTBT
(Comprehensive Test Ban Treaty).43
In a CIA report dated September 14, 1996,
China sold a "special industrial furnace" and "high-tech diagnostic
equipment" to unsafeguarded nuclear facilities in Pakistan.44 "In
September 1996, Chinese technicians in Pakistan reportedly prepared to install the
dual-use equipment. The deal was allegedly made by the China Nuclear Energy Industry
Corporation, the same firm that sold the ring magnets. Those who suspect that the transfer
was intended for Pakistan's nuclear weapons program say that high temperature furnaces are
used to mold uranium or plutonium. The CIA report reportedly stated that
‘senior-level government approval probably was needed’ and that Chinese
officials planned to submit false documentation on the final destination of the equipment.
The report said that the Chinese equipment was set to arrive in early September 1996. The
Washington Post (October 10, 1996) reported that the equipment was intended for a nuclear
reactor to be completed by 1998 at Khushab in Pakistan. This facility is not under IAEA
safeguards. This is a violation of the IAEA safeguards, and the May 11, 1996 statement by
the Chinese."45 The White House did not impose sanctions.
"On October 9, 1996, the State
Department responded that ‘it does not conclude’ China had violated its May 11,
1996 statement (see above); however, the State Department's statement did not address
whether the reported transfers occurred before May 11, 1996, violated the NPT, or
contradicted U.S. laws (including the Arms Export Control Act, Export-Import Bank Act, and
the Nuclear Proliferation Prevention Act of 1994), which may require sanctions."46
The United States did not impose sanctions.
1997
On April 10, 1997, Robert Einhorn, Deputy
Assistant Secretary of State for Nonproliferation, testified that "concerns about
transfers of missile-related components, technology, and production technology persist,
[raise] serious questions about the nature of China's commitment to abide by the MTCR
guidelines."47
On April 25, 1997, China deposited its
instrument of ratification of the CWC (effective April 29, 1997).48
On May 21, 1997, the Clinton
Administration "imposed sanctions on two Chinese companies, five Chinese citizens,
and a Hong Kong company for transfers to Iran contributing to chemical weapon
proliferation. U.S. sanctions, affecting U.S. government procurement and imports, were
imposed under the Arms Export Control Act and Export Administration Act (as amended by the
Chemical and Biological Weapons Control and Warfare Elimination Act). Sanctions were not
imposed on the Chinese or Hong Kong governments. The State Department said that it has no
evidence that those governments were involved in the transfers. Sanctions were not imposed
under the Iran-Iraq Arms Nonproliferation Act, because the transfers in question
apparently occurred before February 10, 1996, the date when provisions for sanctions on
proliferation of WMD went into effect."49
According to Reuters, on June 17, 1997,
"Secretary of Defense Cohen reported Iran had test-fired Chinese air-launched,
anti-ship cruise missiles. They were C-801 missiles fired from F-4 fighters."50
In June, 1997, the Director of Central
Intelligence submitted a report to Congress advising "that during July-December 1996,
‘China was the most significant supplier of WMD-related goods and technology to
foreign countries.’"51
An intelligence report says that in June
of 1997, "China completed a plant in Iran for making glass-lined equipment used in
producing chemical weapons (Washington Times, October 30, 1997). The Nanjing Chemical and
Industrial Group built the factory, and North Chemical Industries Corporation (NOCINCO)
brokered the deal. (NOCINCO is likely a part of NORINCO.)"52 The United States
did not impose sanctions.
On September 10, 1997, Premier Li Peng
issued new nuclear export control regulations. That same day, "the Washington Times
cited Israeli and U.S. intelligence sources as saying that [the] China Great Wall Industry
Corp. (also the satellite launch provider) was providing telemetry equipment used in
flight-tests to Iran for its development of the Shahab-3 and Shahab-4 medium-range
ballistic missiles (with ranges, respectively, of 800 mi. and 1,240 mi.). Over 100 Chinese
and North Korean experts are reportedly working there (Washington Times, November 23,
1997; Washington Post, December 31, 1997)."53 The United States did not impose
sanctions.
On October 16, 1997, China joined the
Zangger Committee.54
On November 19, 1997, "Gordon
Oehler, former head of the CIA's Nonproliferation Center, revealed that Pakistan has
Chinese M-11 missiles and is developing the Ghauri, a medium-range ballistic missile
(MRBM) that can travel 1,500 km (932 mi). Pakistan conducted a flight-test of the Ghauri
on April 6, 1998."55
On December 12, 1997, U.S. Secretary of
Defense William Cohen, speaking during his trip to Beijing, said that "President
Jiang Zemin had assured him China would not transfer additional anti-ship cruise missiles
to Iran."56
1998
Despite multiple violations, the Clinton Administration only imposed
sanctions on three occasions (August 23, 1993 against exports to China, May 28, 1994
against imports from China, and May 21, 1997 against certain Chinese companies).
Conversely, sanctions were imposed against both Pakistan and India when they tested their
own nuclear weapons.
Despite objections from the Department of Defense, the CIA (Central
Intelligence Agency), and other military analysts, export restrictions and license
requirements to China were increasingly relaxed, not strengthened, during the Clinton
Administration. Chinese front companies continued to purchase sensitive dual use
technology.
Despite clear evidence of Chinese weapons/nuclear proliferation to
countries unfriendly to the United States, the State Department repeatedly excused the
Chinese Government.
It begs the question, why?
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