http://www.nysun.com/article/45816

 

U.S. Embassy Is Warning Beijing on Iran Gas Deal

WASHINGTON - The Bush administration and Congress are warning that a
proposed $16 billion deal between a Chinese company and Iran could trigger
economic penalties under an American law aimed at starving Iran of funding
for terrorism and nuclear weapons.

Officials at the American embassy in China delivered a demarche Saturday in
Beijing. They demanded an explanation of the deal from Chinese government
officials and warned them that it could trigger a 1996 law, the Iran Libya
Sanctions Act. The law prohibits foreign firms that invest more than $10
million in Iran's energy sector from raising capital in American financial
markets.

The Democrat from California who will take over next week as chairman of the
House International Relations Committee, Tom Lantos, said his panel will
"closely examine" the deal next week to see if the sanctions would apply.
The ranking Republican on that committee, Rep. Ileana Ros-Lehtinen, a
Republican from Florida, said she will also be looking closely at the deal.

The Chinese company involved in the deal, the Chinese National Offshore Oil
Corporation, or CNOOC, is state controlled but has some independent
directors, including a former vice chairman of Goldman Sachs Asia. It is
listed on the New York Stock Exchange. The company attracted American press
attention in 2005, when it launched a $18.5 billion bid for the American oil
company Unocal that it eventually withdrew amid congressional opposition.

The deal with Iran will test the effectiveness of the recently reauthorized
Iran Libya Sanctions Act, which was originally championed by a senator from
New York, Alfonse D'Amato. The deal also poses a direct challenge to
America's financial war against Iran. For the past year, the Treasury
Department has discreetly pressured Japanese and European banks to divest
from Iran and end their relations with Iranian companies and banks, warning
that such deals could risk the banks' own access to American financial
markets.

Because the Iran-China deal was announced on December 22, only a day before
the U.N. Security Council unanimously approved new sanctions against Iran's
nuclear program, it also signaled China's willingness to soften any economic
blow to the new sanctions would inflict on Iran. Others say that the
China-Iran deal is driven on the Chinese side not by geopolitical
considerations but strictly by economics, as China struggles to find
affordable energy to support its booming economic growth.

Yesterday, a State Department official who requested anonymity said Foggy
Bottom was trying to determine whether the deal with CNOOC is to purchase
liquefied gas or whether it would actually entail CNOOC's investment in new
facilities in Iran to liquefy the natural gas for export.

"Obviously, if this would involve some investment in gas liquefication
facilities - we don't know that it does - then that would be a violation of
the Iran Libya Sanctions Act. A strict purchase raises political concerns,
but not legal concerns," the official said. When asked about those political
concerns, the official said, "It would mean the Iranians would have another
$16 billion for international terrorism and to pursue weapons programs."

Lawmakers were similarly blunt in warning of the consequences of the deal.
Mr. Lantos said, "When the Congress convenes next week, the International
Relations Committee will closely examine the reported $16 Billion Memorandum
of Understanding China's state-owned oil company signed with Iran to develop
Iranian gas fields." He added that his committee would specifically examine
whether the deal would trigger penalties envisioned under the new Iran
sanctions law. "China needs to be warned of the serious penalties it may
incur if it pursues implementation of this agreement," he said.

Ms. Ros-Lehtinen said she would examine whether the deal would trigger
penalties. "If this investment is confirmed, I will seek to ensure that this
Chinese entity is penalized to the fullest extent. Chinese entities have a
nefarious history of providing critical assistance to rogue regimes for
their missile and unconventional weapons programs, and China also provides
an economic lifeline to these threats to global peace and security," she
said. "As such, we must carefully review any activity that would indirectly
benefit or reward Chinese rogue clients like Iran and Syria."

Despite the tough talk, there is no precedent for enforcing the ten-year-old
secondary sanctions that are on the books for foreign investments in Iran's
energy sector. When Russia's Gazprom, France's Total and Malaysia's Petronas
companies signed a $2 billion deal to develop Iran's South Pars gas field in
1997, the Clinton administration waived any sanctions required by law.

The deputy director of research at the Washington Institute for Near East
Affairs, Patrick Clawson, said yesterday that it was unclear whether the
Chinese government had approved the deal CNOOC announced last week, noting
that Chinese companies in the past have pursued investments without checking
with Beijing. But he added that if the deal was approved by the Chinese
foreign ministry, it would hurt American efforts to present effective
disincentives to Iran for its nuclear program.

"If in fact Chinese companies are prepared to make major investments in
Iran, it is going to be more difficult for America to achieve its goals to
pressure Iran on weapons of mass destruction and delivery systems,"Mr.
Clawson said.

The president of the Center for Security Policy, Frank Gaffney, said he was
not holding out hope that any government sanctions would be applied to
CNOOC. "The president keeps waiving the sanctions on foreign firms," he
said. "We have come up with as an alternative approach. Americans investing
in companies like CNOOC ought to divest from those companies if they are
doing business with our enemies. This is not only inconsistent with the
investor's moral values, but inconsistent with the national interest and a
fiduciary risk."

One investor in CNOOC is the New York City retirement fund, which owns more
than $8 million worth of CNOOC stock. Yesterday, a spokeswoman for New York
City comptroller William Thompson said the comptroller's office is looking
into those holdings.

The New York State Common Retirement Fund directly owned $5.2 million worth
of CNOOC Ltd. as of March 31, according to the fund's annual report.



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