Pakistan Export Controls Regime- Nazir Hussain

7/30/2019 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

-

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

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Pakistan Export Controls Regime- Nazir Hussain