PAKISTAN'S EXPORT CONTROL REGIME

Changing global environment and the international obligations nictitate that all nations undertake measures to institute comprehensive export controls laws and develop mechanisms for their effective implementation.

Ensuring fulfilment of national obligation is essentially the state responsibility. However in an international environment of extreme interdependence, technological development and globalization, the role to be played by the Non Governmental Organizations in raising the general awareness, facilitating the state in meeting its obligations and bridging the gap between the state and the industry cannot be over emphasized.

Taking the initiative South Asian Strategic Stability Institute Pakistan aims to promote studies and research on non-proliferation, as well as facilitate understanding of the strategic export control systems of Pakistan and other countries of interest. In achieving this aim we plan to:

  • Conduct outreach activity with local industry both in public and private sector.


  • Participate in international export control conferences/seminars.


  • Organise export control conference/seminar/workshops in Pakistan for national and international audiences.


  • Develop and organise export control training for both governmental official and non-governmental entities.


  • Monitor international development in export controls and suggest necessary modifications in our own export control mechanism.


  • Create linkages with international export control organizations/centres.


    • Pakistan's Export Controls

    The history of Pakistan's export controls framework dates back to 1950. Committed to its international obligations as a responsible nuclear weapon state and determined to pursue effective export controls, since then modifications were incorporated into the framework. In 2004 a fresh comprehensive Export Control Act was enacted.

    This Act provides for controls on export, re-export, transshipment, transit of goods, technologies, material and equipment related to nuclear and biological weapons and their means of delivery. Some of the important elements of this Act includes:

  • materials, equipment and services which may contribute to the designing, development, production, stockpiling, maintenance or use of nuclear and biological weapons and their delivery systems are subject to the provisions of this law.


  • intangible transfer technology is brought under control.


  • a catch-all clause enabling denial of export license for any item not specifically listed on the national control lists but could contribute to proliferation of WMDs has been incorporated.


  • exporters are 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.


  • On conviction by the court of law an offender can be punished with 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 is liable to proceeding in the manner as if the person concerned had committed such an offence.


  • Under the provision of the law a National Control List has already been notified in 2005. It covers the obligations under National Law and consistent with international standards.


  • End Use and End-User certification requirements are being followed for licensing of trade for all items on the Control Lists, items notified by the PNRA Ordinance 2001 and list of Chemicals notified under the CWC Ordinance 2000.


  • Objectives of non-proliferation, obligations under international treaties to which Pakistan is a Party, UN embargoes, UNSC 1540 as well as considerations for regional stability, assurances against re-export/transfer and guarantees on non-diversion from specified end-use, form the basis for consideration of export applications.


    • To ensure effective implementation of the legal framework, the Strategic Export Control Division (SECDIV) has been put in place. This division is functioning under Ministry of Foreign Affairs. In addition an Oversight Board has also been notified to monitor the implementation of the export control mechanism.

    IMPORTANT LINKS

    SASSI London Annual Conference Strengthened Export Controls: Pakistan's Experience, Current & Future Challenges and Options

    Pakistan

    National Command Authority Ordinance

    Strategic Export Control Division (SECDIV) Announcement

    Note Verbale to IAEA on SECDIV

    Chemical Weapons Convention Implementation Ordinance, 2000

    PNRA Ordinance - 2001

    Export Control on Goods, Technologies, Material and Equipment Related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004

    Pakistan's Nuclear Weapons: Proliferation and Security Issues - CRS Report to Congress

    Pakistan's National Control List (NCL)

    Pakistan's Export Policy Order - 2007

    Pakistan's Import Policy Order 2007

    Pakistan Export Control Act 1950

    India

    Directorate General of Foreign Trade - (Click on 2005 SCOMET Items)

    System of Controls over Exports of Dual-use Goods and Technologies

    Export Control List

    Indian Export Control Policy - (By: Dr. Seema Gahlaut, Center for International Trade and Security, University of Georgia)

    Nonproliferation

    Export Controls in India - (Paper (2005) by Center for International Trade and Security, University of Georgia)

    International Export Control Links

    Carnegie Endowment for International Peace

    Saving the NPT and the Nonproliferation Regime in an Era of Nuclear Renaissance By Pierre Goldschmidt