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

2. Pakistan and the Region FANA China - Peshawar Afghanistan FATA Quetta Islamabad Lahore Iran India Karachi Arabian Sea

3. 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.

4. 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.

5. Pakistan’s Int’l 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

6. 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.

7. 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.

8. 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.

9. 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

10. 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 .

11. 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.

12. 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.

14. 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.

15. 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.

18. 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”.

19. 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 offender’s 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.

20. 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.

21. Evaluation -i

22. Evaluation-ii

23. - Thank you