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Satellite Launches in the PRC: Loral

Endnotes

Chapter 6 - Satellite Launches in the PRC: Loral
1 Loral Voluntary Disclosure, June 17, 1996. Documents submitted at the insistence of the Department of State export licensing office to the Compliance Analysis Division, PM/DTC, SA-6, Room 200, Office of Defense Trade Controls, Bureau of Political-Military Affairs, United States Department of State, on June 17, 1996, by Feith & Zell, P.C., Washington, D.C., on behalf of Loral. Includes a 21 page report signed by Michael Poliner, an appendix containing a certification by Loral President Robert Berry, and several volumes of tabbed exhibits (L16); Hughes Investigation Report, "Report of Investigation of Alleged Violations of International Traffic in Arms Regulations (ITAR)," from Hughes Space and Communications Company, June 27, 1996. Includes a 24-page report, a 14-page chronology, and 53 tabbed exhibits.
2 "Crash of Intelsat VII Feb. 1996 Full Version," Videotape recording of Intelsat 708 launch failure from Intelsat.
3 "China's Space Program: A Brief Overview Including Commercial Launches of U.S.-Built Satellites," Congressional Research Service Report by Marcia Smith, June 23, 1998.
4 "China Space Chief Ready to Expend Human Lives," Nigel Hawkes, The Times Newspapers Limited, June 15, 1996.
5 Intelsat Internet web site, http://www.Intelsat.com; Intelsat letter to Select Committee, from Diane Hinson, VP & General Counsel, Intelsat, Re: "Responses to Questions Posed by the Select Committee," December 4, 1998, letter with attachment.
6 Intelsat letter to Select Committee, from Diane Hinson, VP & General Counsel, Intelsat, Re: "Responses to Questions Posed by the Select Committee," December 4, 1998, letter with attachment.
7 Ibid.
8 Interview of Daniel Lilienstein, October 28, 1998.
9 Intelsat letter to Select Committee, from Diane Hinson, VP & General Counsel, Intelsat, Re: "Responses to Questions Posed by the Select Committee," December 4, 1998, letter with attachment.
10 China Great Wall Industry Corporation Information Release, February 27, 1996.
11 "Technical & Technology Transfer Aspects of the Intelsat 708 Launch Failure Investigation," by Dr. Alexander Flax.
12 Hughes Investigation Report.
13 Ibid.
14 Ibid.
15 Loral memorandum from C. Patrick DeWitt, subject: "Minutes of the 11 April 1996 GSC [Government Security Committee] Meeting," April 15, 1996.
16 Loral Voluntary Disclosure, June 17, 1996.
17 Ibid.
18 Ibid.
19 Ibid.
20 Ibid.
21 Ibid.
22 Interview of Karl Kachigan, October 19, 1998.
23 Letter dated May 29, 1996, from William J. Lowell, Director, Office of Defense Trade Controls, State Department to Eric J. Zahler, General Counsel, Loral, and John J. Higgins, General Counsel, Hughes Electronics.
24 "DOD Assessment of Certain Unlicensed Activities by Loral Space Systems, Inc. and Hughes Aircraft Co.," May 16, 1997.
25 U.S. State Department form DSP-5, "Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data," License No. 533593, Applicant: Loral, Date Prepared: 5/11/92, Date Approved: 9/18/92, Approved by: Ken Peoples, Destination Country: PRC, Commodity: "Technical Data in support of technical discussions for the launch of an Intelsat VIIA Spacecraft." DSP-5 form with continuation page and letter from State Department containing limitations and provisos.
26 William Schweickert's briefing presentation charts, "Long March Failure Review, Technology Export Briefing," April 22, 1996.
27 Wah Lim's briefing presentation charts, "Independent Oversight Committee Status Report" and "LM-3B Launch Failure Investigation Independent Review Committee," April 16, 1996.
28 Loral Voluntary Disclosure, June 17, 1996.
29 "Independent Review Committee Preliminary Report," May 10, 1996; Loral Voluntary Disclosure, June 17, 1996.
30 "Independent Review Committee Preliminary Report," May 10, 1996.
31 "Ibid.
32 Loral Voluntary Disclosure, June 17, 1996.
33 Ibid.
34 Ibid.
35 Ibid.
36 Deselding, Peter B., "Long March Review Finished," Space News, May 13-19, 1996.
37 Loral Voluntary Disclosure, June 17, 1996.
38 Loral Voluntary Disclosure, June 17, 1996. On December 2, 1998, Loral responded to a Select Committee interrogatory that asked Loral to update its 1996 Voluntary Disclosure to the State Department so as to be true, correct, and complete based on the totality of information regarding the Independent Review Committee that had been learned since June 1996. Loral's response included minor revisions to reflect additional information about Independent Review Committee activities. It continued to maintain, however, that "Based on further analysis of the law and facts, it is the Company's position that, despite the violation of company policy, Loral did not provide any 'assistance' to the PRC within the meaning of the ITAR [International Traffic in Arms Regulations] - that is, SS/L [Loral] did not provide a 'defense service' as defined by the ITAR." The updated response went on to say, "none of the PRC's announced improvements to its Long March 3B rockets was the result of Loral's participation in the IRC [Independent Review Committee]."
39 Hughes Investigation Report.
40 Interagency review team report, July 22, 1998.
41 Intelsat Internet web site, http://www.Intelsat.com. Intelsat launched the world's first commercial communications satellite in 1965, providing service to the Atlantic Ocean region. In 1969, Intelsat provided global television coverage of the Apollo lunar landing to an audience of 500 million people around the world. In 1974, Intelsat activated a direct communications link, named the "Hot Line," between the White House and the Kremlin. In 1992, Intelsat and NASA collaborated on a historical and successful space mission to retrieve and reboost the Intelsat 603 satellite, stranded after a failed launch in 1990. Most recently, Intelsat helped broadcast live coverage of the 1998 Winter Olympic games from Nagano, Japan.
42 Intelsat Internet web site.
43 Ibid.
44 Ibid.
45 Ibid.
46 Intelsat Internet web site. Internet web site: http://msl.jpl.nasa.gov/.
47 Loral Internet web site: http://www.loral.com, http://www.ssloral.com.
48 Loral Internet web site.
49 Ibid.
50 Ibid.
51 Ibid.
52 Intelsat letter to Select Committee, from Diane Hinson, VP & General Counsel, Intelsat, Re: "Responses to Questions Posed by the Select Committee," December 4, 1998.
53 Department of State, Intelsat Technical Data export license, September 18, 1992.
54 Department of State, Intelsat Satellite export license, July 14, 1993.
55 Letter to Terry Edwards, Intelsat, from Ma Qimin, China Great Wall Industry Corporation, March 8, 1996, enclosing the Preliminary LM-3B Failure Analysis Report.
56 Deposition of Robert Berry, November 18, 1998.
57 New York Times, Eric Schmitt, June 24, 1998.
58 Loral Memorandum to John Merizon, from Muhammad Wahdy to John Merizon, Subject: "Retrieval of Spacecraft parts from the crash site," February 17, 1996.
59 China Great Wall Industry Corporation Information Release, March 28, 1996.
60 E-mail message to Peter Herron, Hughes, from Chris Lanzit, Hughes, Subject: "Meeting at CALT on LM-3/Apstar 1A & LM-3B failure,", March 14, 1996. (Hughes Investigation Report.)
61 Ibid.
62 "Technical and Technology Transfer Aspects of the Intelsat 708 Launch Failure Investigation," Dr. Alexander Flax, Washington Advisory Group, December 20, 1998.
63 E-mail message to Peter Herron, Hughes, from Chris Lanzit, Hughes, Subject: "Meeting at CALT on LM-3/Apstar 1A & LM-3B failure,", March 14, 1996. (Hughes Investigation Report).
64 Ibid.
65 Feith & Zell interview notes of Paul O'Conner.
66 Minutes of LM-3B Failure Investigation Meeting, April 10-12, 1996.
67 Lim letter to Liu Zhixiong, dated March 29, 1996.
68 Minutes of LM-3B Failure Investigation Meeting, April 10-12, 1996.
69 Deposition of Robert Berry, November 18, 1998.
70 Ibid.
71 LM-3B Launch Failure Investigation Independent Review Committee Charter, dated April 14, 1996.
72 Loral Voluntary Disclosure.
73 Loral memorandum from C. Patrick DeWitt, subject: "Minutes of the 11 April 1996 GSC [Government Security Committee Meeting]," April 15, 1996. (Loral Voluntary Disclosure)
74 Testimony of Dr. Stephen Bryen, September 2, 1998.
75 Loral Voluntary Disclosure.
76 Deposition of Julie Bannerman, November 24, 1998.
77 Deposition of Robert Berry, November 18, 1998.
78 Ibid.
79 Loral memorandum from C. Patrick DeWitt, subject: "Minutes of the 11 April 1996 GSC [Government Security Committee] Meeting," April 15, 1996.
80 Testimony of Dr. Stephen Bryen, September 2, 1998.
81 Duncan Reynard interview, October 9, 1998.
82 Ibid.
83 Ibid.
84 Feith & Zell interview notes of Duncan Reynard.
85 Deposition of Julie Bannerman, November 11, 1998.
86 Robert Berry Deposition, November 18, 1998; Government Security Committee Meeting Booklet, July 11, 1996.
87 Loral Voluntary Disclosure, June 17, 1996.
88 Duncan Reynard letter to Department of State, April 3, 1996.
89 Ibid.
90 Apstar License No. 653324, attached to Loral Voluntary Disclosure.
91 Mabuhay License, No. 653324, Attachment to Loral voluntary disclosure.
92 Apstar 1A Pre-Flight Technical Briefing, Beijing, April 15-16, 1996.
93 Ibid.
94 Apstar 1A Meeting Participant Document, dated April 15-16, 1996.
95 "Technical and Technology Transfer Aspects of the Intelsat 708 Launch Failure Investigation," Dr. Alexander Flax, Washington Advisory Group, December 20, 1998.
96 William Schweickert's briefing presentation charts dated 4/22/96, titled "Long March Failure Review, Technology Export Briefing." (Duncan Reynard Deposition)
97 Feith & Zell interview of Duncan Reynard.
98 Interview of Duncan Reynard, October 9, 1998.
99 Ibid.
100 Ibid.
101 Deposition of Julie Bannerman, November 24..
102 Minutes of Palo Alto Independent Review Committee Meeting dated April 22-24, 1996.
103 Attachment 1 to Minutes of first Independent Review Committee Meeting, Palo Alto, April 22-24, 1996.
104 China Great Wall Industry Corporation Information Release, March 28, 1996. Minutes of Palo Alto Independent Review Committee Meeting, April 22-24, 1996.
105 Minutes of Palo Alto Independent Review Committee Meeting, April 22-24, 1996.
106 Hughes Investigation Report.
107 Minutes of Palo Alto Independent Review Committee Meeting, April 22-24, 1996.
108 Hughes Investigation Report.
109 Nick Yen Memorandum to Kirk Keer, May 15, 1996.
110 Loral Memorandum to Kirk Keer, from Nick Yen, Subject: "Trip Report for Briefing to the U.S. Trade Commission in D.C.," cc: R. Berry, Dr. W. Lim, J. Bannerman, D. Reynard, E. McFarlane, May 15, 1996.
111 Ibid.
112 Ibid.
113 Loral Voluntary Disclosure, June 17, 1996.
114 Final Independent Review Committee Preliminary Report., Attachment IV
115 China Great Wall Industry Corporation Information Release, February 29, 1996.
116 China Great Wall Industry Corporation Information Release, March 28, 1996.
117 Independent Review Committee Preliminary Report.
118 China Great Wall Industry Corporation Insurance Briefing on LM-3B Failure Investigation, April 15-16, 1996, Loral Voluntary Disclosure.
119 Ibid.
120 Loral Voluntary Disclosure; Deposition of Karl Kachigan.
121 Meeting Minutes, April 22-26, 1996.
122 Independent Review Committee Preliminary Report, Attachment IV.
123 Ibid.
124 Loral Voluntary Disclosure, June 17, 1996, Independent Review Committee Preliminary Report, May 10, 1996.
125 "Independent Review Committee Preliminary Report," May 10, 1996.
126 Loral Voluntary Disclosure and Exhibit A-9, Fried Frank Interrogatory Response, December 2, 1998.
127 Loral Voluntary Disclosure, June 17, 1996.
128 Ibid.
129 Ibid.
130 Feith & Zell notes of interview of Wah Lim.
131 Independent Review Committee Preliminary Report.
132 Independent Review Committee Preliminary Report; Deposition of Karl Kachigan.
133 Independent Review Committee Preliminary Report.
134 Ibid.
135 Ibid.
136 Final Independent Review Committee Preliminary Report.
137 "Independent Review Committee Preliminary Report," May 10, 1996.
138 Deposition of Julie Bannerman, November 24, 1998.
139 Ibid.
140 Ibid.
141 Ibid.
142 Ibid.
143 Ibid.
144 Ibid.
145 Ibid.
146 Ibid.
147 Ibid.
148 Ibid.
149 Ibid.
150 Ibid.
151 Ibid.
152 Interview of Duncan Reynard, October 9, 1998.
153 Ibid.
154 Wah Lim letter to Paul O'Connor, VP, Space and Telecom Group, J & H Marsh & McLennan, May 13, 1996.
155 Lim refused to be interviewed or deposed without a grant of immunity, citing his Fifth Amendment right against self-incrimination. The Department of Justice objected to a grant of immunity for Lim and the Select Committee decided not to grant immunity to him.
156 Deposition of Julie Bannerman, November 24,1998; Loral memorandum to Bob Berry, from D.L. Reynard, cc: Wah Lim, Julie Bannerman, Pat Dewitt, Hal Bradshaw, Subject: "SS/L [Loral] Involvement in the Investigation of the LM-3B Launch Failure," marked "URGENT" and "SS/L [Loral] Proprietary," May 14, 1996. (Deposition of Duncan Reynard).
157 Deposition of Julie Bannerman, November 24, 1998.
158 Ibid.
159 Ibid.
160 Interview of Duncan Reynard, October 9, 1998. Loral memorandum to Bob Berry, from D.L. Reynard, cc: Wah Lim, Julie Bannerman, Pat Dewitt, Hal Bradshaw, Subject: "SS/L [Loral] Involvement in the Investigation of the LM-3B Launch Failure," marked "URGENT" and "SS/L [Loral] Proprietary," May 14, 1996, 2 pages. (Deposition of Duncan Reynard)
161 Interview of Duncan Reynard, October 9, 1998.
162 Ibid.
163 Ibid.
164 Ibid.
165 Handwritten memorandum to Bob Berry, et al., from D. Reynard titled "Summary of Advice from DOS/ODTC [Department of State/Office of Defense Trade Controls] and DTSA [Defense Technology Security Administration]!," May 15, 1996 (Deposition of Duncan. Reynard); Interview of Bob Kovac, November 6, 1998.
166 Deposition of Julie Bannerman, November 24, 1998.
167 Ibid.
168 Ibid.
169 Ibid.
170 Ibid.
171 Ibid.
172 Ibid.
173 Deposition of Duncan Reynard, November 4, 1998.
174 Deposition of Julie Bannerman, November 24, 1998.
175 Ibid.
176 Loral Voluntary Disclosure, June 17, 1996.
177 Ibid.
178 State Department letter to Eric J. Zahler, from William J. Lowell, Vice President, Secretary and General Counsel, Loral, Re: "3UA000-DLR-96-0521A," May 29, 1996.
179 Loral Voluntary Disclosure, June 17, 1996.
180 Deposition of Duncan Reynard, November 4, 1996.
181 Government Security Committee Meeting Minutes, July 11, 1996 (listing date of assignment December 25, 1995 and listing due date January 25, 1996).
182 Duncan Reynard Interview, October 9, 1998; Julie Bannerman Deposition, November 24, 1998.
183 Deposition of Julie Bannerman, November 24, 1998..
184 Bill Schweickert interview, September 23, 1998.
185 Feith & Zell interview notes of Bill Schweickert.
186 Deposition of Duncan Reynard; Deposition of Julie Bannerman.
187 Deposition of Julie Bannerman.
188 Deposition of Duncan Reynard; Deposition of Julie Bannerman.
189 Deposition of Julie Bannerman.
190 Deposition of Bernard Schwartz (CEO); Interview Memorandum of Michael Targoff (President); Deposition of Eric Zahler (General Counsel).
191 Duncan Reynard Deposition; Julie Bannerman Deposition.
192 Memorandum for the Record by Mark N. Rochlin, Lt. Col., U.S. Army, Assistant for Aerospace Technology (retired), dated May 31, 1995. Spaulding and Wright interview of same
193 Intelsat 708 License No. 533593, attached to Loral Voluntary Disclosure.
194 Duncan Reynard letter to State Department and Commerce Department, April 3, 1996.
195 Apstar License, No. 653324, attached to Loral Voluntary Disclosure.
196 Mabuhay License, No. 651982, attached to Loral Voluntary Disclosure.
197 Loral Voluntary Disclosure, June 17, 1996.
198 Ibid.
199 Invitation letter to attend China Great Wall Industry Corporation's LM-3B Failure Review Presentation by Zia Oboodiyat, Ex. Dir., Mabuhay Program, Loral, dated October 9, 1996.
200 China Great Wall Industry Corporation Information Release, September 10, 1996.
201 Loral Voluntary Disclosure, "Failure Tree" presentation made at Beijing Independent Review Committee meeting.
202 Final Independent Review Committee Preliminary Report, "Summary of Observations."
203 China Great Wall Industry Corporation briefing charts, "Content of LM-3B Failure Review," October 21-22, 1996.
204 Department of Defense Report, August 6, 1996.
205 "DOD [Department of Defense] Assessment of Certain Unlicensed Activities by Loral Space Systems, Inc. and Hughes Aircraft Co.," May 16, 1997.
206 Interagency review team report, July 22, 1998.
207 Ibid.
208 Ibid.
209 Loral letter to Liu Zhixiong, VP China Great Wall Industry Corporation, from Wah Lim, Loral, cc: Independent Review Committee members, no date, containing minutes of the April 22-24, 1996 Independent Review Committee meeting in Palo Alto.
210 Loral Voluntary Disclosure, June 17, 1996.
211 Ibid.
212 Ibid.
213 Ibid.
214 Ibid.
215 Ibid.
216 Ibid.
217 Ibid.
218 William Schweickert's briefing charts, April 22, 1996.
219 Ibid..
220 Ibid.
221 Ibid.
222 Department of Defense Assessment, May 16, 1997.
223 Interagency review team report, July 22, 1998.
224 Ibid.
225 Ibid.
226 Interagency review team report, July 22, 1998.
227 Defense Department Report, August 6, 1996.
228 Department of Defense Assessment, May 16, 1997.
229 China Great Wall Industry Corporation LM-3B Failure Review briefing package presented at Loral offices on October 21-22, 1996.
230 Department of Defense Assessment, May 16, 1997.
231 Interagency review team report, July 22, 1998.
232 Department of Defense Report, August 11, 1997.
233 Briefing package titled "Agenda for Mabuhay Pre-shipment Review," by China Academy of Launch Vehicle Technology, April 14, 1997.
234 "Independent Review Committee Preliminary Report," May 10, 1996, 27 pages; Briefing package titled "Agenda for Mabuhay Pre-shipment Review," by China Academy of Launch Vehicle Technology, April 14, 1997.
235 Letter to Rick Cinquegrana, Chief Investigative Counsel, Select Committee, from John Boese, Fried Frank, Harris, Shriver & Jacobson, Re: "Interrogatory Response," December 2, 1998, with enclosure titled "Response of Space Systems/Loral to the November 18, 1998 Interrogatory of the Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China."
236 China Great Wall Industry Corporation briefing package titled "LM-3B/Intelsat-708 Failure Review, Apstar-1A Pre-Flight Briefing," April 15-16, 1996.
237 Ibid.
238 China Great Wall Industry Corporation briefing package titled "LM-3B/Intelsat-708 Failure Review, Apstar-1A Pre-Flight Briefing," April 15-16, 1996. (Loral Blue book, Vol. 2); Briefing package titled "Agenda for Mabuhay Pre-shipment Review," by China Academy of Launch Vehicle Technology, April 14, 1997.
239 "DOD [Department of Defense] Assessment of Certain Unlicensed Activities by Loral Space Systems, Inc. and Hughes Aircraft Co.," May 16, 1997.
240 Interagency review team report, July 22, 1998.
241 "93062: Space Launch Vehicles: Government Requirements and Commercial Competition," Congressional Research Service Issue Brief for Congress, by Marcia Smith, Updated July 2, 1998.
242 Interview of Daniel Lilienstein, October 28, 1998.
243 "93062: Space Launch Vehicles: Government Requirements and Commercial Competition," Congressional Research Service Issue Brief for Congress, by Marcia Smith, Updated July 2, 1998.
244 Ibid.
245 GEO is an acronym for Geostationary or Geosynchronous Earth Orbit. GEO orbits are extensively used by communications satellites because they orbit every 24 hours and remain relatively fixed above a location on Earth.
246 LEO is an acronym for Low Earth Orbit. LEO orbits are used by a wide variety of satellites and orbit the Earth at 200 to 1000 km in altitude.
247 "93062: Space Launch Vehicles: Government Requirements and Commercial Competition," Congressional Research Service Issue Brief for Congress, by Marcia Smith, Updated July 2, 1998.
248 "China's Space Program: A Brief Overview Including Commercial Launches of U.S.-Built Satellites," Congressional Research Service Report by Marcia Smith, June 23, 1998.
249 "U.S.-PRC Commercial Launch Services Talks," White House, U.S. Trade Representative.
250 White House U.S. Trade Representative Trade Policy Staff Committee, Draft Document 1993-20, Subject: "China Space Launch: Intelsat VII-A Satellite," April 26, 1993.
251 White House, U.S. Trade Representative, document, "U.S.-PRC Bilateral Agreement on Space Launch Services."
252 White House, U.S. Trade Representative, document, "China Space Launch."
253 "93062: Space Launch Vehicles: Government Requirements and Commercial Competition," Congressional Research Service Issue Brief for Congress, by Marcia Smith, Updated July 2, 1998.
254 U.S. State Department form DSP-5, "Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data," License No. 533593, Applicant: Loral, Date Prepared: May 11, 1992, Date Approved: September 18, 1992, Approved by: Ken Peoples, Destination Country: PRC, Commodity: "Technical Data in support of technical discussions for the launch of an Intelsat VIIA Spacecraft."
255 DSP-5 for license 533593.
256 U.S. State Department form DSP-5, "Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data," License No. 544724, Applicant: Loral, Date Prepared: September 4, 1992, Date Approved: July 14, 1993, Approved by: Ken Peoples, Destination Country: Intelsat, Commodity: "Intelsat VIIA Communications Satellite FM 708, Associated equipment and documentation."
257 DSP-5 for license 544724.
258 Loral Briefing Presentation Charts, "Briefing for China Aerospace Corat," April 7-8, 1995.
259 "Memorandum of Agreement between China Aerospace Corporation and Space Systems / Loral regarding Long Term Cooperation," signed on June 9, 1995 by Robert E. Berry and Zhang Xin-Xia, with signed copy in Chinese.
260 Loral letter to Li Zuhong, Vice President, Chinese Academy of Space Technology, from Edward M. Hunter Subject: "Furtherance of the Technology Cooperation Agreement Between CAST [China Academy of Space Technology] and SS/L [Loral]," November 2, 1995.
261 Interview of Daniel Lilienstein, October 28, 1998.
262 FF docs.
263 Hughes Investigation Report.
264 Interview of John Merizon, October 20, 1998.
265 Loral Memorandum to John Merizon, from Muhammad Wahdy to John Merizon, Subject: "Retrieval of Spacecraft parts from the crash site," February 17, 1996.
266 Letter to He Xing, China Great Wall Industry Corporation, from Paul O'Connor, February 21, 1996.
267 Letter to Paul O'Connor, Michael Hewins and Timothy Wright, J & H Marsh & McLennan, from Jacques Masson, J & H Marsh & McLennan, February 22, 1996.
268 Letter to He Xing, China Great Wall Industry Corporation, from Paul O'Connor, J & H Marsh & McLennan, February 26, 1996
269 Ibid.
270 Ibid.
271 Hughes Investigation Report.
272 Letter to He Xing, China Great Wall Industry Corporation, from Paul O'Connor, J & H Marsh & McLennan, February 28, 1996.
273 Interview of Daniel Lilienstein, October 28, 1998. Memorandum to Intelsat management, from Daniel Lilienstein, titled "Management Briefing," Subject: "China Launch Experience," March 4, 1996.
274 Hughes Investigation Report.
275 Ibid.
276 Ibid.
277 China Great Wall Industry Corporation letter to Robert E. Berry, President, Loral, from Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Subject: "Invitation to the Failure Investigation," March 14, 1996.
278 Loral letter to Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Beijing, China, from Wah Lim, March 18, 1996.
279 China Great Wall Industry Corporation letter to Wah Lim, Loral, from Liu Zhixiong, March 20, 1996, 1-page.
280 Letter to Bao Miaoqin, Janet Sie and Paul O'Connor, from Jacques Masson, J & H Marsh & McLennan, March 20, 1996.
281 Loral letter to Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Beijing, China, from Kirk D. Keer, March 21, 1996.
282 Letter to Sheila Nicoll, J & H Intermediaries, to Chuck Rudd, ACE Ltd., March 21, 1996.
283 China Great Wall Industry Corporation letter to Kirk Keer, VP, Loral, from Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Subject: "The Issues on the LM-3B Failure Investigation Meeting," March 27, 1996.
284 China Great Wall Industry Corporation Information Release, March 28, 1996.
285 Loral letter to Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Beijing, China, from Wah Lim, March 29, 1996.
286 Hughes Investigation Report. China Great Wall Industry Corporation letter to Peter M. Herron, VP Marketing, Hughes Space and Communications International, Inc., from He Xing, subject: "Signing ChinaSat 7 Launch Contract and Others," April 4, 1996.
287 Letter to Bao Miaoqin, APT and Freeman Zhang, J & H Marsh & McLennan, from Zhou Wei, China Great Wall Industry Corporation, April 5, 1996.
288 Handwritten notes by Nabeeh Totah, Loral, titled "Mtg. with 'China Great Wall' - Beijing," April 10, 1996. Deposition of Nabeeh Totah, October 14, 1998. Loral letter to Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Beijing, China, from Wah Lim, March 29, 1996.
289 Loral Voluntary Disclosure, June 17, 1996.
290 Loral memorandum from C. Patrick DeWitt, Subject: "Minutes of the 11 April 1996 GSC Meeting," April 15, 1996.
291 Hughes Investigation Report. Loral fax to Robert Steinhauer, Chief Scientist, Hughes, Space & Communications, from Wah Lim, April 16, 1996, 5-pages total, including 3-page charter titled "LM-3B Launch Failure Investigation Independent Review Committee (IRC) Charter," April 14, 1996, and a second fax cover sheet showing W. Lim faxed this on April 16, 1996 to Carolyn from China asking her to fax it to Independent Review Committee members.
292 Hughes Investigation Report.
293 Wah Lim's briefing presentation charts "Independent Oversight Committee Status Report" and "LM-3B Launch Failure Investigation Independent Review Committee," April 16, 1996.
294 Ibid.
295 Loral letter to He Xing, Deputy General Manager, Space Division, China Great Wall Industry Corporation, from Wah Lim, April 17, 1996.
296 Hughes Investigation Report.
297 Loral Voluntary Disclosure, June 17, 1996.
298 Hughes Investigation Report.
299 William Schweickert's briefing charts, April 22, 1996.
300 Loral Voluntary Disclosure, June 17, 1996.
301 Ibid.
302 Hughes Investigation Report.
303 Loral Memorandum to Kirk Keer, from Nick Yen, Subject: "Trip Report for Briefing to the U.S. Trade Commission in D.C.," cc: R. Berry, Dr. W. Lim, J. Bannerman, D. Reynard, E. McFarlane, May 15, 1996. Loral Voluntary Disclosure, June 17, 1996.
304 Hughes Investigation Report.
305 Ibid.
306 Loral Voluntary Disclosure, June 17, 1996; Loral letter to Liu Zhixiong, VP China Great Wall Industry Corporation, from Wah Lim, Loral, cc: Independent Review Committee members, no date, containing minutes of the April 22-24, 1996 Independent Review Committee meeting in Palo Alto.
307 Hughes Investigation Report.
308 Briefing presentation charts "Launch Failure Investigation Agenda, Independent Review Committee," April 30, 1996 and May 1, 1996, included as "Attachment II" to the Loral generated minutes of the Independent Review Committee meetings in China.
309 Loral Voluntary Disclosure, June 17, 1996.
310 "Summary of IRC [Independent Review Committee] Review and Preliminary Observations," and "Day Two (May 1, 1996) Revised Agenda," included as "Attachment III" to the Loral-generated minutes of the Independent Review Committee meetings in China.
311 Interview of Karl Kachigan, October 19, 1998.
312 E-mail message to Leslie Block, Loral, from J. Rodden, June 12, 1996.
313 E-mail message to John Holt, from John Smay, May 4, 1996.
314 Hughes Investigation Report.
315 Loral memorandum to W. Lim, from N. Totah, Subject: "LM-3B Failure," May 3, 1996, 3 pages, signed by W. F. Schmidt for N. I. Totah.
316 Handwritten memorandum to W. Lim, from N. Totah Subject: "IRC [Independent Review Committee] Summary Position - Draft from J.A. Holt," May 3, 1996.
317 Fax to Wah Lim, from J. A. Holt, May 3, 1996.
318 Fax to Wah Lim, from John Smay, document "Long March 3B Failure International Review Committee Preliminary Report," May 3, 1996, transmitted on May 4, 1996.
319 Letter to Wah Lim, from Frederick N. Ormsby, May 4, 1996.
320 E-mail message to John Holt, from John Smay, May 4, 1996.
321 Fax to Wah Lim, from R. Hildebrandt, Subject: "Long March - 3B / IRC [Independent Review Committee] in Beijing," May 5, 1996.
322 Fax to Wah Lim, from J. A. Holt, "IRC [Independent Review Committee] Preliminary Assessment Report," May 6, 1996.
323 Hughes Investigation Report.
324 Loral Voluntary Disclosure, June 17, 1996.
325 Loral Memorandum to "The IRC [Independent Review Committee] Members," from N. Yen, Subject "The Draft of the IRC [Independent Review Committee] Preliminary Report," May 7, 1996. Loral Voluntary Disclosure, June 17, 1996.
326 Interview Notes from Feith & Zell interview of Wah Lim on May 31, 1996.
327 Fax to Nick L. Yen, from J. A. Holt, "Draft of IRC [Independent Review Committee] Preliminary Report," May 8, 1996.
328 Fax to Nick L. Yen, from R. A. Steinhauer, Subject: "Comments on Draft IRC [Independent Review Committee] Report + Additional Comments," May 8, 1996.
329 Fax to Wah Lim, from J. A. holt, titled "URGENT" and "IRC [Independent Review Committee] Preliminary Report," May 9, 1996.
330 Fax to Nick Yen, from Reinhard Hildebrandt, Subject: "The Draft of the IRC [Independent Review Committee] Preliminary Report," May 9, 1996.
331 Hughes Investigation Report.
332 Feith & Zell interview notes of Wah Lim, June 5, 1996.
333 Loral letter to Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Beijing, China, from Wah Lim, May 10, 1996. Interview of Duncan Reynard, October 9, 1998.
334 Loral Voluntary Disclosure, June 17, 1996.
335 Loral letter to Independent Review Committee Members, from Dr. Wah Lim, Subject: "LM-3B Launch Failure Investigation and Evaluation," May 10, 1996.
336 Loral Voluntary Disclosure, June 17, 1996.
337 Ibid.
338 Interview of Duncan Reynard, October 9, 1998.
339 Loral letter to He Xing, Deputy General Manager, China Great Wall Industry Corporation, in Beijing, China, from Dr. Wah Lim, May 13, 1996.
340 Loral letter to Paul O'Connor from Wah Lim, May 13, 1996.
341 Loral memorandum to Bob Berry, from D.L. Reynard, cc: Wah Lim, Julie Bannerman, Pat Dewitt, Hal Bradshaw, Subject: "SS/L [Loral] Involvement in the Investigation of the LM-3B Launch Failure," marked "URGENT" and "SS/L [Loral] Proprietary," May 14, 1996, 2 pages. (D. Reynard deposition).
342 Hughes Investigation Report.
343 Loral Memorandum to Kirk Keer, from Nick Yen, Subject: "Trip Report for Briefing to the U.S. Trade Commission in D.C.," cc: R. Berry, Dr. W. Lim, J. Bannerman, D. Reynard, E. McFarlane, May 15, 1996.
344 Handwritten memorandum to Bob Berry, et al, from D. Reynard titled "Summary of Advice from DOS/ODTC and DTSA!," May 15, 1996.
345 Loral memorandum to Eric Zahler, from J. Bannerman, May 15, 1996.
346 Hughes Investigation Report.
347 Fax message to Duncan Reynard, from Hal Bradshaw, May 17, 1996. (D. Reynard deposition)
348 Loral letter to William J. Lowell, State Department, from Duncan L. Reynard, Subject: "Intelsat 708 Launch Failure Review - Initial Notification," May 21, 1996. (D. Reynard deposition)
349 Loral Voluntary Disclosure, June 17, 1996.
350 Hughes Investigation Report.
351 Ibid.
352 State Department letter to Eric J. Zahler, from William J. Lowell, Vice President, Secretary and General Counsel, Loral, Re: "3UA000-DLR-96-0521A," May 29, 1996.
353 Loral Voluntary Disclosure, June 17, 1996.
354 Ibid.
355 Loral letter to William J. Lowell, State Department, from Eric J. Zahler, Vice President, Secretary, and General Counsel, cc: Julie B. Bannerman, Esq. and Douglas J. Feith, Esq., May 31, 1996.
356 Memorandum to Wah Lim, from D. Reynard, Subject: "Retrieval of IRC [Independent Review Committee] Documents Sent Out," June 3, 1996.
357 Loral Voluntary Disclosure, June 17, 1996.
358 Hughes letter to William J. Lowell, State Department, from John T. Kuelbs, Re: "Your letter of May 29, 1996," cc: John J. Higgins, Philip S. Rhoads, June 4, 1996.
359 Loral letter to Paul O'Connor, Vice President, Space & Telecom Group, Johnson & Higgins, Washington, D.C., from Wah Lim, June 6, 1996.
360 Loral letter to Independent Review Committee Members, from Dr. Wah Lim, Subject: "Retrieval of IRC [Independent Review Committee] Distributed Documents," June 6, 1996. Hughes Investigation Report.
361 Loral letter to Liu Zhixiong, Vice President, China Great Wall Industry Corporation, Beijing, China, from Wah Lim, Subject: "Retrieval of IRC [Independent Review Committee] Distributed Documents," June 6, 1996.
362 Hughes Investigation Report.
363 Loral Voluntary Disclosure, June 17, 1996.
364 Hughes letter to William Lowell, from Mary Lou Cahir, June 27, 1996: Hughes Investigation Report.
365 CASC Letter to Wah Lim, Loral, from Liu Jiyuan, President, CASC, cc: Fred Ormsby, Karl Kachigan, Robert Steinhauer, John Holt, John Smay, Reinhard Hildebrandt, June 18, 1996. (Kachigan Deposition).
366 Hughes letter to Philip S. Rhoads, State Department, from Mary Lou Cahir, September 26, 1998.
367 Interview of Karl Kachigan, October 19, 1998. Loral memorandum to D. Reynard, J. Rodden, N. Totah, N. Yen, F. Ormsby, K. Kachigan, Maj. P. Smith, and others, from Zia Oboodiyat, Executive Director, Mabuhay Program, Loral, Subject: "Invitation to attend China Great Wall Industry Corporation's LM-3B failure review presentation," October 9, 1996. (Kachigan Deposition).
368 "DOD [Department of Defense] Assessment of Certain Unlicensed Activities by Loral Space Systems, Inc. and Hughes Aircraft Co.," May 16, 1997.
369 "China's Space Program: A Brief Overview Including Commercial Launches of U.S.-Built Satellites," by Marcia Smith, Congressional Research Service, June 23, 1998. "Presidential Satellite Waivers and Other Related Launch Information," table by Aerospace Industries Association, Internet web site: http://aia-aerospace.org/homepage/china_table1.html.
370 Ibid.
371 "Background Re: Independent Review Committee (IRC) Activities Relating to the 1996 Long March Launch Failure," report to U.S. House of Representatives Committee on Science, May 7, 1998.
372 Committee on Science Report.
373 Memorandum for the Record documenting Defense Department briefing to Select Committee on September 22, 1998, by Eric Desautels, September 25, 1998.
374 Ibid.
375 Interview of John Merizon, October 20, 1998.
376 Loral Memorandum to John Merizon, from Muhammad Wahdy to John Merizon, Subject: "Retrieval of Spacecraft parts from the crash site," February 17, 1996.
377 Interview of John Merizon, October 20, 1998.
378 Ibid.
379 Memorandum for the Record documenting briefing to Select Committee on September 22, 1998, by Eric Desautels, September 25, 1998.
380 Ibid.
381 Ibid.
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