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Pakistan Export Controls Regime

Legislative Framework
Nazir Hussain Additional Secretary Ministry of Foreign Affairs
Brussels export controls conference 16-17 Nov, 2006

Pakistan and the Region


FANA

China

Afghanistan
Quetta

Peshawar

FATA Islamabad

Lahore

Iran India

Karachi

Arabian Sea
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Commitment to non-proliferation
Pakistan is committed to preventing the proliferation of nuclear, radiological, chemical and biological weapons and means of their delivery. Whilst remaining determined to safeguard its national security and foreign policy interests, Pakistan is committed to fulfill its international obligations as a responsible state and a nuclear power. Pakistan is determined to pursue effective export control enforcement in line with its commitments under various international instruments.

Pakistan is party to large number of international instruments including CWC, BWC,CPPNM, CoC etc.

Export Controls Policy


a. It is the policy of Pakistan to control the export and re-export (transshipment, transit ) of goods and technology:

that would make a significant contribution to the military capability of countries that pose a threat to international security; that would contribute to the proliferation of WMD and means of their delivery; that would contribute to the threat of international terrorism; and when necessary, to further the foreign policy and security objectives or to fulfill its international obligations.
b. It is the policy of Pakistan to:

provide the public with clear and efficient export control policies, guidelines, procedures and enforcement mechanisms. consult to the maximum extent practicable with the public and affected industries with respect to the implementation of these policies. cooperate with all countries to control exports that would contribute to the proliferation of WMD and their delivery means. maximize trade among nations and to minimize uncertainties for exporters.
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Pakistans Intl obligations


Nuclear Safety Convention Early Notification in case of a Nuclear Accident Assistance in case of Nuclear or Radiological Accident Convention on Physical Protection of Nuclear Material Chemical Weapons Convention Biological and Toxins Weapons Convention

Legal Instruments-i
Pakistan's export controls framework is governed by the following legal and administrative instruments: Import and Export (Control) Act, 1950 (Act No. XXXIX of 1950). This Act authorizes the Federal Government to prohibit, restrict or control the import or export of goods and regulate practices and procedures connected therewith. Pakistan Nuclear Safety and Radiation Protection (PNSRP) Ordinance,1984 and PNSRP Regulation,1990. lay down provisions for control of import and export of nuclear substances and radioactive materials.

Statutory Notification No. SRO-782 (1), 1998 prohibits export of fissionable materials.

Legal Instruments-ii

Statutory Notification No.SRO-23 (1)/1999 prohibits the export of Anti-Personnel Landmines.


Statutory Notification No.SRO-124 (1)/ 1999. requires a No Objection Certificate from the Defence Ministry for export of arms, ammunitions, explosives and ingredients. Statutory Notification No.SRO-482 (1)/2000 and SRO 111 (1)/2004. Issued by the Ministry of Commerce lays down the Export Policy Procedures.

Legal Instruments-iii

Chemical Weapons Convention Implementation Ordinance, 2000 (Ordinance No.LIV of 2000). This law regulates and controls the import and export of chemicals in accordance with the provisions of CWC and provides for criminal penalties in case of violations.
Pakistan Nuclear Regulatory Authority Ordinance, 2001. Ordinance. Under this Ordinance, PNRA issues the required no objection certificate for import and export of any radioactive materials or radiation sources. Export Control Act on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems-2004.
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Material and Equipment Transfer Control Policy & Process


Transfer of nuclear related equipment and technology Not permitted except for:
disused radioactive sources. Empty containers of these sources. Samples for analysis/study from national nuclear facilities under IAEA safeguards; and equipment for repair/maintenance from these facilities. Note. Implementation of policy and process ensured by oversight body -PNRA

Legal Basis for Transfers


PNRA Ordinance 2001
Sections 16.2- (c), 16.2-(h), 19 ( c) and 23 mandate PNRA to regulate: the import, export, trade of nuclear substance/radioactive material and equipment used for production, use or application of nuclear energy for the generation of electricity or any other peaceful uses of these in the country. Section 16 of Pak/908 Regulations 2004 lays down procedure for import/export of radioactive material, sources and equipment.

Section 4 of Pak/909 Regulations 2001 lays down procedure for licensing of nuclear installations .

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Practice at PNRA

Applications are received and reviewed at Regional Nuclear Safety Directorates. Capacity (infrastructure) and expertise of companies are evaluated. License/ NOCs are only issued to qualifying companies.

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Export Control Act 2004

Export Control Act on Goods, Technologies, Material and Equipment Related to Nuclear and Biological Weapons and Their Delivery Means, 2004

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Export Control Act 2004


Extent /scope Extends to the entire territory of Pakistan and to any offense committed by: Any citizen of Pakistan or person in the service of Pakistan, in and beyond Pakistan or any Pakistan national visiting or working abroad. Any foreign national while on the territory of Pakistan. Any ground transport, ship or aircraft registered in Pakistan wherever it may be.

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Purpose

Control export, re-export, transshipment, transit of goods, technologies, material and equipment, .., which may contribute to the designing, development, production, stockpiling, maintenance, or use of nuclear and biological weapons and their delivery systems.

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Export Control Act


Control Lists The materials, equipment and services which could contribute to the designing, development, production, stockpiling, maintenance or use of nuclear and biological weapons and their delivery systems shall be subject to the provisions of this law. The control lists shall be reviewed periodically, and revised/updated as required. The Federal government shall notify all licensing requirements and procedures.

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Licensing
The Federal Government will frame, and notify the licenses required under this law, and also adopt and notify the procedures under which such licenses shall be approved or rejected.
An exporter is under legal obligation to notify the competent authority if the exporter is aware or suspects that the goods or technology are intended in connection with nuclear or biological weapons, or missiles capable of delivering such weapons. Licenses for export of goods and technologies for peaceful applications will be approved, unless the Government determines that the export would be in contravention to the provisions of this legislation.

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Diversion
Any willful diversion of controlled goods or technologies and violation of terms and conditions of an export license will attract. Denial of further export license to that recipient of goods or technologies for a specified period for each offence. Denial to the recipient of the privilege of exporting products into Pakistan for a specified period for each offence.

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Catch-all Clause

Section 5(3)
An exporter is under legal obligation to notify to the competent authority if the exporter is aware or suspects that the goods or technology are intended , in connection with nuclear or biological weapons or missiles capable of delivering such weapons.

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Offences and Penalties


Any contravention, or attempt to commit or abet the commission of an offence will be liable to prosecution in a court of law. Conviction by imprisonment for a term of up to fourteen years, or with a fine up to rupees five million, or both, and or confiscation of the offenders property and assets inside or outside Pakistan. An attempt to commit or abet the commission of an offence under this ordinance will be liable to proceeding in the manner as if the person concerned had committed such an offence. There is a right of appeal.

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Implementation-Current position

The following areas are receiving attention:


Formulation of rules and regulations including licensing procedures for implementation of export controls. Establishment of an authority to administer export controls. Establishment of an oversight board to monitor the implementation of export control ordinance.

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Evaluation -i
Elements of an Effective Export Control System

Pakistans position
Pak Export Control Act 2004 and other legal provisions
Section 4. of Act 2004

Legal framework for controlling strategic exports and institutions for reviewing export licenses.
Control lists of goods, services and technologies which are subjected to control. Interagency Process involving multiple agencies in making licensing decisions. Customs Authority- involvement of agencies charged with monitoring the movement of strategic articles across borders and inspecting shipments. Regime Adherence- participation in the multilateral control regimes.

Section 3 (1) provides for delegation of authority to various institutions for Acts implementation including licensing. Section 3 (2) of Act 2004 Control list embodies main regimes

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Evaluation-ii
Elements of an Effective Export Control System.

Pakistans position Section 5(3) of Act 2004 Outreach programmes being launched under the Act and CWC Ordinance Regulations and guidelines will cater for this Training of staff under way Section 8(1-3) of Act 2004

Catch-all Clause- not to ship or export items if there is reason to believe that the items will be used for making WMD or unauthorized military uses. Information sharing with exporters about legal requirements and compliance. Verification- pre-license checks, import certificates, delivery verifications, and post-shipment checks. Training: system for adequate political and technical training of officials to assess risks associated with technology and equipment transfer. Penalties- civil and criminal penalties for those who violate export laws.

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Thank you

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