The press release on the indictment announced that between November 2005 and 2012, Sihai Cheng had supplied parts that have nuclear applications, including U.S.-made goods, to an Iranian company, Eyvaz Technic Manufacturing, which it described as "involved in the development and procurement of parts for Iran's nuclear weapons program."
Reuters, Bloomberg, the Boston Globe, the Chicago Tribune and The Independent all reported that claim as fact. But the U.S. intelligence community, since its well-known November 2007 National Intelligence Estimate, has continued to be very clear on the public record about its conclusion that Iran has not had a nuclear weapons program since 2003.
Something was clearly amiss with the Justice Department's claim.
The text of the indictment reveals that the reference to a "nuclear weapons program" was yet another iteration of a rhetorical device used often in the past to portray Iran's gas centrifuge enrichment program as equivalent to the development of nuclear weapons.
The indictment doesn't actually refer to an Iranian nuclear weapons program, as the Ortiz press release suggested. But it does say that the Iranian company in question, Eyvaz Tehnic Manufacturing, "has supplied parts for Iran's development of nuclear weapons."
The indictment claims that Eyvaz provided "vacuum equipment" to Iran's two uranium enrichment facilities at Natanz and Fordow and "pressure transducers" to Kalaye Electric Company, which has worked on centrifuge research and development.
But even those claims are not supported by anything except a reference to a Dec. 2, 2011 decision by the Council of the European Union that did not offer any information supporting that claim.
The credibility of the EU claim was weakened, moreover, by the fact that the document describes Eyvaz as a "producer of vacuum equipment." The company's website shows that it produces equipment for the oil, gas and petrochemical industries, including level controls and switches, control valves and steam traps.
Further revealing its political nature of indictment's nuclear weapons claim, it cites two documents "designating" entities for their ties to the nuclear program: the United Nations Security Council Resolution 1737 and a U.S. Treasury Department decision two months later.
Neither of those documents suggested any connection between Eyvaz and nuclear weapons. The UNSC Resolution, passed Dec. 23, 2006, referred to Iran's enrichment as "proliferation sensitive nuclear activities" in 11 different places in the brief text and listed Eyvaz as one of the Iranian entities to be sanctioned for its involvement in those activities.
And in February 2007 the Treasury Department designated Kalaye Electric Company as a "proliferator of Weapons of Mass Destruction" merely because of its "research and development efforts in support of Iran's nuclear centrifuge program."
The designation by Treasury was carried out under Executive Order 13382, issued by President George W. Bush, which is called "Blocking Property of Weapons of Mass destruction Proliferators and Their Supporters." That title conveyed the impression to the casual observer that the people on the list had been caught in actual WMD proliferation activities.
But the order required allowed the U.S. government to sanction any foreign person merely because that person was determined to have engaged in activities that it argued "pose a risk of materially contributing" to "the proliferation of weapons of mass destruction or their means of delivery."
The Obama administration's brazen suggestion that it was indicting an individual for exporting U.S. products to a company that has been involved in Iran's "nuclear weapons program" is simply a new version of the same linguistic trick used by the Bush administration.
The linguistic acrobatics began with the political position that Iran's centrifuge program posed a "risk" of WMD proliferation; that "risk" of proliferation was then conflated with nuclear proliferation activities, when it was transmuted into "development of nuclear weapons."
Gareth Porter (born 18 June 1942, Independence, Kansas) is an American historian, investigative journalist and policy analyst on U.S. foreign and military policy. A strong opponent of U.S. wars in Southeast Asia, and the Middle East, he has also (more...)