The US government has indicted aerospace giant McDonnell Douglas, now part of Boeing Co, and one of China's largest government-owned companies on charges of conspiring to divert sophisticated machine tools for Chinese military use.
Also named in the 16-count indictment were two Chinese nationals employed by China's National Aero-Technology Import Export Corp, known as Catic, and the director of McDonnell Douglas's China program office.
US officials called it an important case, the first time a Chinese government entity has been indicted for violating US export laws, and said it also would send a strong message to US companies that violations would not be tolerated.
In Seattle, Boeing strongly denied McDonnell Douglas had committed any crime and vowed to fight the charges in court.
The indictment alleged the defendants made false and misleading statements and key omissions about the export by McDonnell Douglas to the Chinese company in 1994 and 1995 of 13 pieces of state-of-the-art equipment that were supposed to be used to build commercial aircraft parts.
McDonnell Douglas had failed to tell US government officials when getting export licenses that the Chinese company had expressed an interest in buying some of the equipment for use at a military project in Nanchang, China, where Silkworm missiles and A-5 attack aircraft were made, the government charged.
The indictment alleged that Catic caused six of the 13 pieces of equipment to be diverted from Beijing to the military factory in Nanchang.
"What today's indictment demonstrates is that US customs agents ... found clear and convincing evidence that Catic and McDonnell Douglas knowingly diverted sensitive technology for Chinese military use. This is an unprecedented case," US Customs Commissioner Raymond Kelly said.
Bonnie Tischler, assistant commissioner for investigations at the US Customs Service, said at a news conference outside the federal courthouse that the indictment was significant because of the message sent to US corporations.
"In the end, firms that sacrifice American security for profit must pay a price," she said. "Even before the equipment left American soil, both firms knew it was military bound."
The two companies face fines up to US$10 million and the individuals -- Chinese nationals Hu Boru and Yan Liren and Robert Hitt of McDonnell Douglas -- could be sent to prison for up to five years if convicted.
The equipment, which is used to bend and shape steel for aerospace products, had been used at a plant in Columbus, Ohio, that McDonnell Douglas decided to close in the early 1990s.
The indictment alleged that McDonnell Douglas failed to tell the US Commerce Department's about Catic's initial inquiry about using the equipment for military use and that it had been inspected by officials from the Nanchang factory.
In a statement, Boeing said: "It is unfortunate that the prosecutors have apparently not taken the time to learn the facts and gain a full understanding of a rather complicated matter."
In a detailed background paper giving a chronology of the case, Boeing said the prosecutors had no evidence that anyone at McDonnell Douglas intentionally made false or misleading statements related to the sale.
Instead, the company said, prosecutors were relying on circumstantial evidence and a theory of "conscious avoidance," holding that McDonnell Douglas collectively should have known the machine tools would be used for military purposes rather than in connection with a commercial aircraft program.
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