Pakistan Export Controls Regime Legislative Framework

1
Pakistan Export Controls RegimeLegislative
Framework

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

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Pakistan and the Region
FANA
China

• -

Peshawar
Afghanistan
FATA
Quetta
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.

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Export Controls Policy

• 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

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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.

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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.

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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

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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

13
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.

16
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.

17
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
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Evaluation-ii
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• Thank you