infcirc/832 - communication of 17 october 2011 from the … · 2014-06-04 · infcirc/832 -...

Information Circular INFCIRC/832

Date: 30 November 2011

General DistributionOriginal: English

Communication of 17 October 2011 from the Permanent Mission of Pakistan to the Agency concerning the export control policies of the

Government of Pakistan and a Statutory Regulatory Order

The Director General has received a communication dated 17 October 2011 from the Permanent Mission of Pakistan to the Agency attaching a note outlining the export control policies of the Government of Pakistan and the Statutory Regulatory Order (SRO) 699 (I)/2011 amending the Control Lists of Goods, Technologies, Materials and Equipment related to Nuclear and Biological Weapons and their Delivery Systems contained in SRO 1078 (1)/2005.

As requested in that communication, the note and the Statutory Regulatory Order are herewith circulated for the information of all Member States.

Atoms for Peace

INFCIRC/832 Attachment

Pakistan’s Strategic Export Controls and Revised Control Lists

• The Government of Pakistan fully honours its national and international commitments as a responsible nuclear weapons state.

• Pakistan, through its strategic export controls, desires to further contribute to the international efforts aimed at non-proliferation of weapons of mass destruction and their means of delivery.

• In 2004, Pakistan adopted the “Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act” (circulated by the Agency as INFCIRC/636 on 23 November 2004). Chemical weapons-related aspects are covered by a separate legislation adopted in the year 2000.

• This Export Control Act strengthens controls over export, re-export, and other forms of transfer; transshipment and transit of goods, technologies, material and equipment, including prohibition of diversion of controlled goods and technologies; covers intangible technology transfers; and includes catch-all provisions.

• Pursuant to the Act, in 2005, the Government of Pakistan notified national Control List of

Goods, Technologies, Materials and Equipment related to Nuclear and Biological Weapons and their Delivery Systems (circulated by the Agency as INFCIRC/669 on 20 February 2006).

• The Control List encompasses the lists and scope of export controls maintained by the Nuclear Suppliers Group (NSG), the Australia Group (AG), and the Missile Technology Control Regime (MTCR). The classification system is based on the European Union’s integrated list.

• In 2007, as required by Article 3 of the Export Control Act, a Strategic Export Control Division (SECDIV) was established as part of the Ministry of Foreign Affairs. The SECDIV formulates and enforces rules and regulations for the implementation of export controls, and also acts as a licensing body.

• In addition, an independent Oversight Board was also constituted to oversee the implementation of the Export Control Act and the functioning of SECDIV.

• In 2009, “Export Control (Licensing and Enforcement) Rules” were promulgated which included detailed procedures in this regard (can be accessed from http://www.mofa.gov.pk/documents/secdiv/document1.pdf). Any export of goods and technology specified in the Export Control Act and the Control List is required to go through the registration and licensing procedure of SECDIV.

• Various initiatives have also been launched, at different tiers, to further strengthen the enforcement mechanism. These include the deployment of detection equipment, training, awareness raising and inter-agency coordination.

• As an ongoing process, in July 2011, the national Control List has been revised through a comprehensive inter-agency review. It has been notified through a Statutory Regulatory Order (SRO). The revised Control List incorporates the relevant amendments and modifications made by the NSG, MTCR and Australia Group. The major changes relate to the categories of missiles and nuclear dual-use items.

• A copy of the SRO containing the revised Control List is attached with this note.

• The successful completion of the review process, and the other measures and initiatives undertaken to further strengthen export controls, signifies the continuing resolve and policy of Pakistan to advance the shared goals of nonproliferation and effective export controls.

• Pakistan believes in an equitable, non-discriminatory and criteria-based approach to

advance the universally shared goals of non-proliferation and peaceful uses of nuclear energy.

• Pakistan’s Energy Security Plan-2005 envisages a target nuclear power capacity of 8,800 MW by the year 2030. All of Pakistan’s operating and under-construction nuclear power plants are covered by IAEA safeguards. Effective and robust export controls should facilitate international cooperation in civil nuclear technology under IAEA safeguards.