Pakistan Export Controls Regime- Nazir Hussain
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Transcript of Pakistan Export Controls Regime- Nazir Hussain
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Pakistan Export Controls RegimeLegislative Framework
Nazir HussainAdditional Secretary
Ministry of Foreign Affairs
Brussels export controls conference 16-17 Nov, 2006
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Pakistan and the Region
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Karachi
Islamabad
Peshawar
Lahore
Iran
Afghanistan
India
China
Quetta
Arabian Sea
FANA
FATA
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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 policyinterests, Pakistan is committed to fulfill its international obligations as aresponsible state and a nuclear power.
Pakistan is determined to pursue effective export control enforcement in line with itscommitments 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
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 thatpose 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 itsinternational 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 industrieswith respect to the implementation of these policies.
cooperate with all countries to control exports that would contribute to theproliferation 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 andadministrative 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 goodsand regulate practices and procedures connected therewith.
Pakistan Nuclear Safety and Radiation Protection (PNSRP) Ordinance,1984 andPNSRP Regulation,1990. lay down provisions for control of import and export ofnuclear substances and radioactive materials.
Statutory Notification No. SRO-782 (1), 1998 prohibits export of fissionablematerials.
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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 theMinistry 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 andequipment used for production, use or application of nuclear energy for thegeneration 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 ofradioactive material, sources and equipment.
Section 4 of Pak/909 Regulations 2001 lays down procedure for licensing ofnuclear 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 beyondPakistan 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 biologicalweapons 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 beapproved or rejected.
An exporter is under legal obligation to notify the competent authority if the exporteris aware or suspects that the goods or technology are intended in connection withnuclear or biological weapons, or missiles capable of delivering such weapons.
Licenses for export of goods and technologies for peaceful applications will beapproved, unless the Government determines that the export would be incontravention to the provisions of this legislation.
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Diversion
Any willful diversion of controlled goods or technologies and violation of termsand conditions of an export license will attract.
Denial of further export license to that recipient of goods or technologies for aspecified period for each offence.
Denial to the recipient of the privilege of exporting products into Pakistan for aspecified 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 exporteris 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 willbe liable to prosecution in a court of law.
Conviction by imprisonment for a term of up to fourteen years, or with a fine up torupees five million, or both, and or confiscation of the offenders property andassets inside or outside Pakistan.
An attempt to commit or abet the commission of an offence under this ordinancewill 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 exportcontrol ordinance.
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Evaluation -i
Elements of an Effective Export Control System Pakistans position
Legal framework for controlling strategic exports and
institutions for reviewing export licenses.Pak Export Control Act 2004 and other legal
provisions
Control lists of goods, services and technologies
which are subjected to control.
Section 4. of Act 2004
Interagency Process involving multiple agencies in
making licensing decisions.Section 3 (1) provides for delegation of
authority to various institutions for Acts
implementation including licensing.
Customs Authority- involvement of agencies chargedwith monitoring the movement of strategic articles
across borders and inspecting shipments.
Section 3 (2) of Act 2004
Regime Adherence- participation in the multilateral
control regimes.Control list embodies main regimes
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Evaluation-ii
Elements of an Effective Export Control System. Pakistans position
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.
Section 5(3) of Act 2004
Information sharing with exporters about legal requirementsand compliance.
Outreach programmes being launchedunder the Act and CWC Ordinance
Verification- pre-license checks, import certificates, delivery
verifications, and post-shipment checks.Regulations and guidelines will cater
for this
Training: system for adequate political and technical training ofofficials to assess risks associated with technology and
equipment transfer.
Training of staff under way
Penalties- civil and criminal penalties for those who violate
export laws.Section 8(1-3) of Act 2004
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Thank you