NOTE TO WILLIAM CASEY FROM MALCOLM BALDRIGE RE GUIDELINE TO QUESTIONS ON PRESIDENT S OIL AND GAS SANCTIONS

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CIA-RDP84B00049R000501350004-9
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March 5, 2008
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4
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September 10, 1982
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MISC
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Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 September 10, 1982 To : William Casey From: Malcolm Baldrige $aecucva Re~~-r_-s j 17 L~268 In accordance with the decision reached yesterday in the SIG-IEP meeting, the attached guidance is forwarded for review by members for use in responding to questions on the President's oil and gas sanctions. NSC review completed r w AN1NTTA, rO.*. COSa* IIOy71 ?Rt3C RI a(O ?T OAO 21W Not referred to DOC. Waiver applies. USCOYM?OC 1*Ia. S GPO: 1975 0 -216-ti'O Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 ENFORCEMENT OF PRESIDENT'S FOREIGN POLICY CONTROLS ON SOVIET PIPELINE Subject Tab Secretary Baldrige Press Statement . . . . . . . A (September 9, 1982) Questions and Answers . . . . . . . . . . . . . B Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 6, ,r,C, Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 UNITED STATES OF AMERICA IC DEPARTMENT OF COMMERCE PRESS BRIEFING WITH MALCOLM BALDRIGE SECRETARY OF COMMERCE ROOM 4830 DEPARTMENT OF COMMERCE WASHINGTON, D. C. THURSDAY, SEPTEMBER 9, 1982 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 (4.00 p.m.) 3 SECRETARY BALDRIGE- Good afternoon. 4 Today, the Department of Commerce has issued a .temporary denial order against John Brown Engineering 6 Company, Ltd. of Scotland, and its three United Kingdom 7 subsidiaries. I want to explain the status of the action we have taken so far, regarding the pipeline sanctions. On August 26, we issued temporary denial against Dresser France and Creusot-Louire. These orders are temporary so that we can have time to investi- rygate and modify them, if necessary. Those temporary orders prohibited the export f all U.S. products, services and technology to those two companies. On September 7, based on facts determined in our continuing investigations of those two companies, twe proposed modifying the temporary orders to cover U.S. oil and gas related products, services and technology and to have the sanctions extend to their home-country subsidiaries, to assure compliance with the order -- in :effect, closing some potential loopholes. In the Dresser case, the temporary order has been amended and now applies only to oil and gas related (2' Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 ti. 11 15 Il Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 products, services and technology. In the Creusot-Loire case, the modifications are pending so submissions being prepared can be reviewed,1 On September 4, we issued a temporary denial order against Nuovo Pignone of Italy and its Italian subsidiary, INSO. That order also covers oil and gas related equipment, services and technology- Today, as I've mentioned before, we've issued a temporary denial order against John Brown Engineering, Ltd. of Scotland and its three United Kingdom subsidi- aries. As with the others, the temporary order prohibits export-of all U.S. gas and oil related equipment, service and technology. The modification of the sanctions, after our investigations, fully maintains the goals laid out by the President regarding oil and gas sanctions imposed on the Soviets, without unduly harming our allies and friends, and are consistent with the facts determined thus far in our investigations of these cases. I want to say a word about President Reagan's purpose in implementing these foreign policy export controls, and his resolve to maintain them throughout the crisis in Poland. The sanctions were imposed because of the Soviet! rz? Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C 15 11 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Union's complicity in the events over the past nine months in Poland, which have resulted in the Jailing of many thousands of innocent, patriotic citizens and the forced solitary confinement of Lech Walesa; the imposi- tion of martial law; and-the breakdown in communications between the military government, the Church and Solidaritj. Pipeline sanctions were selected because we kne with a-fair amount of certainty that the Soviet Union 1, would pay a high cost in time, money and effort if they were prevented from obtaining U.S. Products and technology related to pipeline construction. Could any other sanctions have been selected? Possibly. But this was the quickest, surest way to a penalty on the Soviets for their acts. The President intends, has intended, and will intend to see the process of Polish. national reconcilia- tion begin. And we, in the Commerce Department, will continue to administer the regulations which implement that policy as fairly'as possible. I'd be glad to answer any questions, and I have General Counsel here.-The Undersecretary for International Trade is also here, so I'd be glad to take any questions. QUESTION:. How are the sanctions consistent with the President's originally stated policy, in light of the fact we are easing them to the extent that they. Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 really don't have the muscle that they will, or that the President originally intended them to have? SECRETARY BALDRIGE: No, I disagree. The polic really, on these temporary denial orders, is this: We start off usually with as broad an order as possible because we have to begin an investigation of all of the facts. In-some of the cases, it would literally have had the effect of forcing some of those companies into bankruptcy, or could have had. The fact is, as far as the Presid'ent's policy goes, the means of carrying out the policy of Polish reconciliation was the denial of oil and gas related equipment to the Soviets. And by denying, on these temporary denial order oil and gas related equipment, technology and services, we feel that that fully is carrying out the President's policy. QUESTION: You talk about these sanctions as imposing a penalty on the Soviets for their actions. Wher these sanctions were first imposed against the Soviet Union, they were justified on the basis of holding back hard currency from the Soviet Union and making it difficu for Western dependence on the Soviet Union to occur. It can't do both, can it? In other words, if Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 13 15 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 6 they are a penalty for the Soviet Union invasion of Poland, then the situation in Poland would have changed when you put the sanctions, right? SECRETARY BALDRIGE: Well, you're exactly right, but 1 think you began with a misconception that the original intent was denying the Soviets hard currency. That is-the means, not the end. The President clearly stated on December 3C, on those sanctions, and the expansion of them on June 22, that they were directed against the complicity of the Soviet Union in the Polish situation. The sanctions, themselves, are the means to have the Soviets modify that position, but the intent of the President in these sanctions, is to cause change in the Polish situation because of the Soviet complicity there. QUESTION: Can you say which of the companies might have gone bankrupt and, secondly, can you put a value on the exports that are now denied John Brown and the'other companies? SECRETARY BALDRIGE: Well, I'm not'going to answer your first question because I don't think that's fair to the companies, and our-surmise is just that.- I think that it is fair to answer your second question, which is on the order of size. These sanctions Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 A- 15 pproved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 - ---- - ---- __. in- volved from perhaps $75 million, in some cases,'up to as high as $600 million in lost sales over a three-year period. Those are significant sanctions, significant preventative measures, we feel, to help. us in resolving this issue. QUESTION: May I follow that? Do you mean that is a total figure for all companies in the three countries? SECRETARY BALDRIGE:" No. -Individual companies involved in the temporary denial orders, which are a preventative measure, would lose in sales, over a three- year period, from $75 million to $600 million. Now, one individual company could lose $75 mil- lion in lost sales, and another one $600 million, but that's the range. QUESTION: As the sanctions now stand, or as they were originally? SECRETARY BALDRIGE: No,-no, as the sanctions now stand. So, we feel that those are very strong sanctions, and they can be put into place without undue harm, "but it is significant' harm to the people involved. QUESTION: The total runs over a billion dollars? it Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 8 SECRETARY BALDRIGE: Yes, I would say that the total on all companies over a three-year period would run over a billion dollars. QUESTION: Mr. Secretary, since Mrs. Thitrher has spoken strongly in defense of John Brown's?right to exports, and the French government has maintained its position and, as far as I know, the Italian government maintains its position, in effect, you have a small trade war with Europe. You are not really affecting the Russians. Is there any prospect of getting this off 'dead center and resolving this with our allies? SECRETARY BALDRIGE: Well, we can always hope, but there are no present negotiations going on. We feel that until the Polish matter is resolved, that the sanctions are the proper way to go. The President has stated in the past, as you know, that the sanctions would be lifted if he saw sig- nificant changes in the imprisonment of the people and in the release of the prisoners; the lifting of martial law, and a dialogue started between the Church, Solidarity and the Polish government. QUESTION: My question is, is there any nego- tiations between the United States and its European allies, to resolve this issue, and there is no movement Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 18 23 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 II on Poland? SECRETARY BALDRIGE: Yes, there are no nego- tiations going on. QUESTION: And what happens next, with our European allies? SECRETARY BALDRIGE: Well, that's a good question. We feel very strongly about the Polish situa- tion. The President has got a firm resolve on that. We .feel we are doing the right thing. QUESTION: What evidence can you offer that the sanctions are having the effect that you want then .to, which is to say, bringing about reforms in SECRETARY BALDRIGE: Well, we have seen no progress in Poland on reforms yet.. We feel that the sanctions will cause the Soviets a very significant delay, cost them significant extra amounts of money, loss in hard currency earnings, and we feel that that will have an effect. To date, we have seen no change in the Polish situation that amounts to enough to lift them. QUESTION: If I may follow up, though, if you have seen no evidence that they are working, why continue them? SECRETARY BALDRIGE: Well, they haven't had a chance to work yet. The pipeline completion date that Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 10 the Soviets have given the Europeans is in 1984. Most of that pipeline is yet to be built, so the effect of the sanctions has not been felt yet. QUESTION: But they've had a chance to work in Poland, have they not? SECRETARY BALDRIGE: Maybe I'm missing the point of your question. Most of the pipeline is yet to 17e built. The sanctions have yet to take their effect. And there is yet no movement in Poland. QUESTION: Mr. Secretary, just to clarify, since the President has said the sa nations would be lifted if certain reforms occur in Poland, can one then conclude that if there were these reforms in Poland and the sanctions were lifted, the administration would not be concerned about the hard currency that the Russians would get from the pipeline, or the relationships which would. be set up by the completion of the pipeline? SECRETARY BALDRIGE: Yes, we would still be concerned, but we would nr' put sanctions on to express that concern. The sanctions are related to Poland. We would still be talking to and will continue to talk to the Europeans, about the whole East-West trade list of problems as we see them, but we are talking now about the sanctions, specifically. The President has stated that if those three LIG ? $ ., I+,,..~~ Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 11 conditions were met in Poland, he would lift those sanctions. We would still be concerned about the amount of East-West trade going on, and how it is financed, and all the things that have led up to the question_ QUESTION: I wonder if you could break dow.1 that figure for the different companies involved you know, how much -- SECRETARY BALDRIGF: You would have to ask the companies, themselves. They have stockholders, in some cases, and I don't think that's fair to do that. QUESTION: Is there any hope of any sort of compromise with the Europeans? I mean, could they adopt alternative measures that you would approve of, which would lead to the lifting of the embargo on the pipeline? SECRETARY BALDRIGE: That's always possible. We haven't seen them come up with any now, but if a unified approach that was as effective, or more effective than the sandtions was proposed, we would have to listen very hard. QUESTION: Mr. Secretary, many of us have been in Versailles, and I wonder, could you address-the ques- tion, why the provisions of that part of the sanction have not been made clear enough on both sides. Secretary Haig, then Secretary, left the im- pression at the last press briefing, that the matter of Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 8 15 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 3.2 the pipeline has been resolved, in the positive European sense. A decision by the President could be expected. The opposite was the effect, as we all know. Why this misunderstanding apparently between the Europeans, on the one hand, and the Americans, on the other? SECRETARY BALDRIGE: Well, I wasn't at the. press conference, so I can't speak to that. QUESTION: At the meeting in Versailles. SECRETARY BALDRIGE: I can't speak on what Secretary Haig said there. I know that the feeling in the United States government is that our allies were aware, perhaps not of the exact date, but they were aware of our great concern about this, but, beyond that, I wouldn't care to say. QUESTION: Mr. Secretary, do you have a figure, an estimate of the cost to American industry, of the December sanction -- the December order -- I'm sorry. SECRETARY BALDRIGE: Well, we would probably not have a precise figure because we are dealing in estimates, but we'd see probably lost sales in the area of $600 million. QUESTION: From the December order? SECRETARY BALDRIGE: Yes. QUESTION: Over three years, or what period?` Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 4? Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 SECRETARY BALDRIGE: On the orders -- well, without regard to time, on the orders that had been placed that could not be delivered. QUESTION: Mr. Secretary, in view of your remarks that this carries out the objective without unduly harming our allies, is this intended as kind of a move toward appeasement of the allies, in the hope ,that they will come along? 13 SECRETARY BALDRIGE: No, it's not a move toward appeasement. It is recognizing the facts after investi- gation. Remember, as I pointed out, these are temporary denial orders. We investigate, then we modify as the circumstances turn out. In this case, there is no need to -- the phrase Fuse -- unduly harm our allies. They are our allies and partners. We are aiming at these sanctions at oil and gas. If we made a total denial order on some of these companies, it would have been, we feel, too strict an action. Now, I don't think that's appeasement, that's investigation and trying to do what is fair and right in a difficult situation. QUESTION: Mr. Secretary, have you had any indications from the governments in Europe, of possible retaliatory trade on their part? Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 12 .13 21 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 14 SECRETARY BALDRIGE: We haven't, officially. There's always talk here and there,-- I don't know how loose it is -- but I think neither our allies nor the United States wants to see a trade war. That would help neither one of us. QUESTION: Mr. Secretary, isn't it a fact that you and Secretary Schultz spoke with Mr. Clark, to have the order modified, over the objections of the people in the Defense Department? SECRETARY BALDRIGE: Any advice I- give to the President, I feel, is privileged information. He can take it or not, and I always answer "No comment" kinds of questions. QUESTION: Mr. Secretary, how many more compani who have pipeline contracts and fulfill them will therefo be defined in the President's sanction? SECRETARY BALDRIGE:* There are still several possibilities in Europe. I'm talking about the major parts of the pipeline -- it that addresses your question. There are still ---I don't know whether it is two or three -- but that we have not seen or heard whether they, in fact, will ship. And on these temporary denial orders, we are being very careful, because we are talking about our trading partners now, in making sure that the shipment has (2C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 13 .15 17 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 15 left, before we put on a temporary denial order. So, I don't want to speculate about any particular company and the action they take. There is always time to change before the ship leaves the dock. QUESTION: Mr. Secretary, the changed tone of these new denial orders to oil and gas commodities and services, do you expect this to be the tone of the ,potential future denial orders for a while, or do you bxpect further modification? SECRETARY BALDRIGE: No. I think,:: in striving for consistency., which we want to do on this, that the general tone of the denial orders will be denials on all oil*and gas equipment. That is a very strong action, as I've stated before, and we think that, at least at this time, going beyond that, would not be worthwhile. QUESTION; Mr. Secretary, if the Europeans agreed to an ending of subsidized credits to the Soviet Union and to tighten up on the transfer of high technolo to the. Eastern Block, would this constitute a sort of unified action which could justify the-lifting of the temporary denials? SECRETARY BALDRIGE: I really don't think it is appropriate to comment on-what kinds of actions we could consider. There are so many variables. There are no negotiations going on now. It would be inappropri to Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 11 1 Approved For Release j 008/03/05: CI tDP84 OO049 O 1350004-9 Il they might be. 15 QUESTION: Mr. Secretary, am I right in assumin first off, that the whole question of enforcement on this matter is wide open? And that being the case, down the SECRETARY BALDRIGE: I don't know what you mean by "wide open". QUESTION: In terms of its being tied up in litigation in terms of our allies challenging the posi- tion of these sanctions and, therefore, you question the effect of the whole thing, and we are back to square one again, 'the purpose of the whole thing. SECRETARY BALDRIGE: Well, we feel we are on' firm,ground in this area. I'm sure there will be liti- gation, but we feel that our authority and the actions we've taken are consistent, and we feel that they will be carried out. QUESTION: Mr. Secretary, to follow up on that question, when the first sanctions were announced, think. Mr. Homer said the purpcse was to deter further shipments. -.Well, quite evidently,*that hasn't worked, and there is no prospect of it working. If deterrence isn't -korking, what'is the point of penalizing the European countries? What effect are the penalties having if they don't seem to be stopping Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 15 19 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 the pipeline shipments? SECRETARY BALDRIGE: I disagree with your I think, the underlying premise of your question, that deterrence does not work. Most of these companies -- as a matter of fact, all of the companies that we've put temporary denial orders on have orders in much larger numbers -- turbines, compressors, whatever it is left 'to ship, than the initial shipment that thev've made. So, the deterrence, in the case of each of the companies, is yet to be seen. S~mply because this company in-another country has shipped is not a question of the failure of the deterrence. You have orders for two, and there are still 16 to ship. We have to wait and see what happens to thos 16. QUESTION: Have you indication that':the subse- quent orders of Dresser France-or the Italian companies will not be shipped? SECRETARY BALDRIGE: No, we have no indication that they will, or that they will not. QUESTION: If they are not shipped, will you be dropping your orders against these companies, if further shipments do not follow? SECRETARY BALDRIGE: Yes. Well, of course, we would have to have assurances from the companies, but Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 18 I would not want to cross that bridge about when we would drop it, or-the method, because those involve some negotiations. I would not want to prejudge, but, obvi- ously, we would want to ~- if people wanted to obey our sanctions, we would want to work something out. QUESTION: If the companies were to go ahead and ship more turbines and compressors, would the sanctiorj be stiffer? SECRETARY BALDRIGE: We have to leave.open any possibility of broadening the sanctions, if necessary, but' the -- QUESTION: Is this the deterrence? SECRETARY BALDRIGE: Let me say, again, that these sanctions,. the strength of these sanctions from, in one case, $75 million, to another case, $600 million in lost sales over a three-year period, is a very power- ful action on the part of the United States, and we have (Whereupon, at 4:30 p.m., the press briefing was concluded.) yet to see the results coming from that. Thank you. Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 CERTIFICATE OF REPORTER This is to certify that the foregoing transcript n the matter of: PRESS BRIEFING- WITH MALCOLM BALDRIGE SECRETARY OF COMMERCE Before: DEPARTMENT OF COMMERCE Date: THURSDAY, SEPTEMBER 9, 1982 Place: ROOM.' 4830 DEPARTMENT. OF COMMERCE WASHINGTON, DC represents the 'full and complete proceedings of the aforementioned matter, as reported and reduced to type- writing. G /tom! d ~~:~~ ( YLISSS YOU G Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 . Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 c Why Sanctions were Imposed QUESTION Why were the sanctions imposed? ANSWER The sanctions on oil and gas equipment and technology against the Soviet Union were imposed by the President because of the Soviet-backed Polish military government takeover which resulted' in the imposition of inartial law and the imprisonment of thousands of innocent-Polish citizens. The President specifically chose the oil and gas sectors because the costs to the Soviets would be the greatest in this area. (- Cornmerce/ITA/03413 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Lifting the Sanctions QUESTION Will the sanctions be lifted if the three conditions specified by the President when he imposed the sanctions are met? ANSWtR- Yes, the President stated at a press conference on January 11, 1982, that he will lift the sanctions if three conditions are met. They are: lifting of martial law in Poland, the release of the prisoners and the opening of an honest dialogue between the Polish government, Solidarity, and the Church. The President stated: " Substantial progress towards those goals would lead to a review of our sanctions". C Commerce/ITA/0341J Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C Pipeline Negotiations QUESTION: Is the United States negotiating with the Europeans over the oil and gas epxort sanctions against the USSR? ANSWER: No. There are no negotiations with the Europeans now underway. We would, of course, listen to any suggestions from our allies for unified action that would be as ' effective as the sanctions in meeting the President's objective of reconcilation in Poland. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 QUESTION: Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 What is a temporary denial order? A temporary denial order is requested by the Department from ANSWER: the Hearing Commissioner on an ex parte basis. A temporary denial order denies export privileges to companies upon a showing to the Hearing Commisssioner that the order is required in the public interest to permit or facilitate enforcement of the Export Administration Act or Export Regulations; to avoid circumvention of any administrative or judicial proceedings; or to permit completion of an investigation.. It is temporary so that a fair investigation can be made of all the circumstances involved before a final determination is made whether to initiate formal .charges of -'iolations. The recent Commerce actions issuing temporary denial orders against Creusot-Loire, Dresser (Fance), Nuovo Pignone and John Brown Engineering have been taken to enforce the Department's export regulations. These actions are not punitive. They were taken with the purpose of facilitating enforcement of the law-and of the investigations into suspected violations by the firms. No decision regarding any imposition of penalties has been made. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 QUESTION: What is a denial order? ANSWER: A denial order is one of several administrative sanctions which fttay be imposed by the Department of Commerce following an investigation and an admihistratve procedure whereby a named party (or parties) has been found to have violated the Export Administration Act or the Export Administration Regulations. A denial order prohibits specified parties from participating in any transaction involving commodities or technical data exported or to be exported from the United States or which is produced abroad by persons subject to the jurisdiction of the United States, or which is subject to reexport control. A denial or export privileges may be partial or entire, may be by commodity or geographical area, and may be for any specified period of time. - The Act and Regulations provide for a range of administrative sanctions which may be imposed against persons who have been formally found to have violated the export control laws, following charges and administrative proceedings. Among the sanctions-are civil penalties and denial of export privileges. Thus, in sharp contrast to temporary denial orders, which are not punitive, denial orders issued against parties who are found to have violated are, indeed, in the nature of punitive sanctions. C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Commerce/ITA/0099h Initiation of Temnorarv Denial Orders Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 QUESTION: Who initiates a request for a temporary denial order? ANSWER: The Office of Export Enforcement of the Commerce Department is responsible for the enforcement of the Export Administration Act. That Office makes a recommendation to the Office of General Counsel to initiate specified enforcement action. The Office of General Counsel reviews the matter.for legal sufficiency and, if appropriate, makes the formal request to the Hearing Commissioner to issue a temporary denial-order. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C Main rnn+-ranfnrc fn,- +-ho Di n=1 in= Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 QUESTION: Who are the main contractors on the pipeline and the Western suppliers. ANSWER: The prime contractors for the pipeline are a consortium of the German firm Mannesman and the French firm Creusot-Loire for the Northern segment and the Italian firm Nuovo Pignone for the Southern portion. The pipeline requires a total of 41 compressor stations (22 for the Northern portion and 19 for the Southern). The line calls for 125 compressors (3 compressors each for 40 stations and 5 compressors for one head station). The same number of gas turbine engines are required to drive the compressors. Western manufacturers of the compressors and gas turbines are: COMPRESSORS Creusot-Loire 42 Dresser (France) 21 Nuovo Pignone 57 Demag 5 GAS TURBINES" AEG Kanis 47 John Brown Ltd. 21 Nuovo Pignone 57 *General Electric to provide 125 rotor sets for the gas C turbine engines. 1The French firm Alsthom-Atlantique 1981 to supply 40 rotor sets. Commerce/ITA/0099h contracted in November Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049ROO0501350004-9 QUESTION: C What is Dresser and what is its relationship to the pipeline and Creusot-Loire? ANSWER: Dresser (France) S.A., located in LeHavre, France is the manufacturer of centrifugal gas compressors and a full range of Dresser products and energy related equipment including: A. Centrifugal Compressors for 1. gas pipelines 2. gathering/injection 3. plant processing - B. Gas turbine build up and packaging using Rolls Royce gas generators C. Underground mining machinery D. Drilling rigs including derricks and platform structures Dresser (France) S.A., is a second tier subsidiary of Dresser Industries, Inc. in Dallas, Texas. It is the subsidiary of Dresser AG (VADUZ.) of Vaduz, Liechtenstein whose parent is Dresser Industries, Inc. Desser (France) received technology from Dresser Clark Div. in Olean, N.J., for the manufacture of the centrifugal gas compressors. This technology was exported prior to December 30, 1981. Dresser (France) is subcontracted to Creusot-Loire of France to. provide 21 centrifugal gas compressor units for mating with the 25MW gas turbines, and the internal components for 5 centrifugal gas compressor units to be mated with 10MW gas turbines for use in gas pumping stations on the pipeline. Dresser (France's) address is Dresser (France), S.A. CIDEX L 192 Centre SILIC 5, Rue D'Antony 94563 Rungis, France Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 _ "QUESTION: Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Who is Creusot-Loire S.A. and how is it hooked in the pipeline and its relationship to Dresser (France). ANSWER: Creusot-Loire, S.A., located at 42 Rue d'Anjou, F75008 Parish 8, France, is the parent of a large diversified metalworking complex of companies with over a hundred subsidiaries in France and other countries. The company is engaged in the manufacture of steel products including cranes, pumps, extrusion materials and engines. In 1979, the company had 24,247 employees. Creusot-Loire along with Mannesman is the general contractor for 22 stations in the northern segment of the pipeline. Creusot-Loire has ordered 21 centrifugal compressors from Dresser (France), three of which have been completed and are - .:Ig delivered to the USSR. These compressors are in ad :i tion to the 42 compressors Creusot-Loire will provide. The compressors were ordered from Dresser.(France) in Creusot-Loire's capacity as the prime contractor for the northern portion:of the pipeline. Commerce is investigating the extent of.the participation of Creusot-Loire in the Dresser violation of U.S. export regulations. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Effects of Modifications on Dresser France and Creusot-Loire QUESTION: What effect will' the modification in the temporary denial order have on Dresser France? On Creusot-Loire? ' ANSWER: The modification will have a significant impact on Dresser France. Their Le Havre facility manufactures a substantial amount of oil and gas equipment, but up to 40 percent of their revenues in this coming fiscal year may come from industrial applicatiions. - Creusot-Loire is a much more diversified company. It purchases not only oil and gas equipment, but nuclear related items, machine tools, and computers used for administrative purposes and technology operations. These non oil and gas products will be .affected by the modified TDO. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Modif is Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 3ers QUESTION: Why were the temporary denial orders against Dresser France and Creusot-Loire modified? ANSWER: A temporary denial order is a frequently used vehicle to protect our national interests during the course of an investigation. When alleged violations of our export regulations exist, the issuance of temporary denial orders will prevent U. S. parts and technology, still physically within U.S. borders, from beng shipped to r violating parties. I t is not a punitive action. They are intended 9 as preventive measures to avoid additional possible violations. Our initial'decision to prohibit export of all U.S. products, services and technology-to Dresser France, and Creusot-Loire was based on information we had available to us at that time, in effort to prevent additional possible violation of our regulations toward the USSR. As you know, these regulations are limited to oil and gas technology and equipment. After investigation, we believe that limiting our denial order to. oil and gas equipment and technology is consistent with the President's objectives of preventing, to the extent possible, additional violations without unduly harming our allies and friends. Our objectives remain the same. We intend to prevent violations of our oil and gas regulations. By modifying the denial order, we are simply refining the implementation and not the basic objective. The President specifically chose the oil and gas sectors because the costs to the Soviets would be the greatest in this area. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Difference in the Denial Orders QUESTION Are the temporary denial orders.against Dresser and Creusot-Loire the same as the one against Nuovo Pignone2 ANSWER The temporary denial orders against Dresser and Creusot-Loire are being modified to limit them to oil and gas equipment and technology, the same as in Nuovo Pignone's case. Commerce/ITA/0291) Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C Secretary's Decision Regarding John Brown and Nuovo Pignone QUESTION: What is the Secretary's decision regarding John Brown and Nuovo Pignone? ANSWER: The Secretary of Commerce announced the issuance of temporary denial orders against John Brown Engineering (September 9, 1982) and Nuovo Pignone (September 4, 1982) prohibiting export of all U.S. origin equipment and technology related to oil and gas exploration, production, transmission and refining. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Effects of Temporary Denial Order on Nuovo Pignone QUESTION: What effect will the temporary denial order. have on Nuovo Pignone? ANSWER: Ndovo Pignone is a diversified energy company which relies more C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 heavily on Italian rather than U.S. technology except for turbine production. It is believed that a third of their revenue is derived from pipeline turbines, most of which are oil and gas related. The temporary denial orer will have a significant impact on Nuovo Pignone as over $500 million in business over the next 3 years is in oil and gas turbines, using G.E. rotors which cannot be shipped under this order. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Nuovo Pignone Products Line QUESTION What is Nuovo Pignone, what is its product line, and how large is it? ANSWER Nuovo Pignone is part of the Italian Government-owned ENI oil company. ENI is a multi-billion dollar company with operations world wide. Pignone's specific products fall into three general categories: gas turbines, compressors, and oilfield pumps, valves and coolers. Its yearly revenue is estimated at $900 million. Commerce/ITA/0291J Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Nuovo Pignone Contracts QUESTION How much of the Soviet natural gas pipeline-Is contracted to Nuovo Pignone? Nuovo Pignone is one of the prime contractors for the Soviet pipeline and is contracted to deliver 19 complete gas compressor stations, estimated at $600 million. As part of that contract, Pignone is also scheduled to deliver 57 gas turbines and 5-7 compressors for the pipeline. Commerce/ITA/0291) Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 N uovo Pignone Ships Turbines QUESTION When did Nuovo Pignone start shipping their-products to the Siberian pipeline? ANSWER The first shipment of gas turbines left Saturday, September 4, 1982. Consequently, the Department of Commerce issued a temporary denial order against Nuovo Pignone Saturday ;, night. A temporary denial order prohibits the person or company on whom'it is served from participating in exports in the designated sectors (in this case gas and oil) from the United States. Commerce/ITA/0291) Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 N uovo Pignone QUESTION Did the Italian Government order Nuovo Pignone to ship? ANSWER No. It is my understanding that the decision to ship was made by the company itself. Commerce/ITA/0291) Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 l John Brown Engineering QUESTION: What is John Brown Engineering Ltd and what is its relationship to the pipeline? ANSWER: John Brown Engineering, located in Clydebank, Scotland, is the manufacturer of heavy and light industrial gas turbines for power packages and mechanical drives rated from 10 to over 100MWs. They are a manufacturing associate of the General Electric Company and depend completely on G.E. to provide the rotor section or core of 'the individual gas turbines for their complete gas turbine line. John Brown Engineering manufactures most other components, and assembles and packages the complete gas turbine unit using technology for assembly provided also by G.E. under its manufacturing associate agreement. John Brown Engineering is a wholly owned subsidiary of John Brown and Company Ltd. of London, U.K. John Brown and Company have 16 subsidiaries in the U. S. and John Brown Engineering has 3 subsidiaries, but none in the U.S. John Brown Engineering employs approximately 1,700 people and is the major subsidiary of John Brown and Company. John Brown Engineering has a $182 million contract to supply 21 model MS5002 gas turbines for the Siberian natural gas pipeline beginning in August 1982. They have 6 completed Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 . Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 units on hand which were in their possession prior to 30 December 1980. These units were modified for rail shipping and cold weather operations and have now been shipped (September 9) to the Soviet Union. Commerce/ITA/0107h C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 John Brown and Creusot-Loire C QUESTION: What is John Brown Engineering's relationship to Creusot-Loire S.A. of France and how is it connected to the pipeline? ANSWER': Creusot-Loire along with Mannesman of West Germany is the general contractor for 22 pipeline compressor stations in the northern segment of the pipeline. Creusot-Loire has ordered 21 Model { MS5002 gas turbine engines from John Brown Engineering, six of which are'completed and being delivered. DSchlechty/0107h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 C Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Effects of Denial Order on John Brown Engineering QUESTION: What effect will the temporary denial order have on John Brown Engineering? ANSWER: John Brown Engineering's business is both power generation and oil and gas related turbines. The impact on John Brown Engineering's oil and gas related areas will be substantial, since they will not be able to complete their contracts to the Soviet Union. They can still sell power generating equipment which is their predominant line of business. Commerce/ITA/0099h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9 Japanese Exports to USSR for Pipeline QUESTION: There are reports from Tokyo that a Japanese firm, Japan Steel Works using American technology has shipped pipeline valves to the Soviet Union. What does the Department of Commerce intend to do about this violation of the President's oil and gas sanctions? ANSWER: I understand Japan Steel Works may have a licensing agreement with an American firm which produces valves, .including pipeline valves. Based on a preliminary assessment the U. S. firm, Grove Valve and Regulator Company, in fact manufactures conduit pipeline valves designed for pipeline usage. Such valves would probably be covered by the sanctions announced December 30 and extended June 22. it that is true,.such an export to the Soviet Union. could be a violation of the Department's regulations. The Department of Commerce is taking steps to determine if the Japanese shipment violates U.S. sanctions. Commerce/ITA/0138h Approved For Release 2008/03/05: CIA-RDP84B00049R000501350004-9