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Legislative Framework
Nazir Hussain Additional Secretary Ministry of Foreign Affairs
Brussels export controls conference 16-17 Nov, 2006
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.
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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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
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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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 on Goods, Technologies, Material and Equipment Related to Nuclear and Biological Weapons and Their Delivery Means, 2004
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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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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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Implementation-Current position
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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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