13 November 2001
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: November 13, 2001 (Volume 66, Number 219)]
[Notices]
[Page 56892-56893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no01-141]

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DEPARTMENT OF STATE

[Public Notice 3838]


Bureau of Nonproliferation; Waiver of Certain Missile
Proliferation Sanctions Imposed on the Pakistani Ministry of Defense
(MOD)

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: A determination has been made, pursuant to Section 73(e) of
the Arms Export Control Act (22 U.S.C. 2797b(e)) and section 11B(b)(5)
of the Export Administration Act of 1979 (50 U.S.C. app. 2401b(b)(5)),
and in accordance with section 2 of Public Law 107-57, that it is
essential to the national security of the United States to waive
certain aspects of the missile proliferation sanctions imposed on the
Pakistani Ministry of Defense in November 2000.

EFFECTIVE DATE: November 2, 2001.

FOR FURTHER INFORMATION CONTACT: On missile sanctions issues: Pamela
Roe, Office of Chemical, Biological and Missile Nonproliferation,
Bureau of Nonproliferation, Department of State, (202) 647-4931. On
U.S. Government contracts: Gladys Gines, Office of the Procurement
Executive, Department of State, (703-516-1691).

SUPPLEMENTARY INFORMATION: Pursuant to section 73(e) of the Arms Export
Control Act (22 U.S.C. 2797b(e)), section 11B(b)(5) of the Export
Administration Act of 1979 (50 U.S.C. app. 2410b(b)(5))(as carried out
under Executive Order 13222 of August 17, 2001 (66 FR 44025)), and
section 2 of Public Law 107-57, a determination was made on November 2,
2001, that it is essential to the national security of the United
States to waive missile proliferation sanctions imposed on November 21,
2000, on the Pakistani Ministry of Defense (``MOD''), its sub-units and
successors, as follows: The prohibition on exports of items and
technology and U.S. Government contracts as described in section
73(a)(2)(B) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(B))
and the prohibition on new individual export licenses as described in
section 11B(b)(1)(B)(ii) of the Export Administration Act of 1979 (50
U.S.C. app. 2410b(b)(1)(B)(ii)) were waived for transactions determined
to be needed (1) To support Operation Enduring Freedom and (2) to
permit sale or export to Pakistan of defense articles or defense
services comparable to those delivery of which was blocked by the
imposition of sanctions on May 30, 1998.
    The following missile proliferation sanctions will remain in place:
    (1) Sanctions against the Pakistani entities Space and Upper
Atmosphere Research Commission (SUPARCO) and National Development
Complex (NDC);
    (2) import sanctions against the Pakistani MOD pursuant to section
73(a)(2)(C) of the Arms Export Control Act and section
11B(b)(1)(B)(iii) of the Export Administration Act;
    (3) prohibition on new State or Commerce export licenses to and new
USG contracts with the Pakistani MOD in the absence of a determination
that the transaction is within the scope of the waiver described above.

Implementing Procedures

    This notice also serves as instruction to all U.S Government
agencies as to the procedures for implementing this waiver. Initiating
authorities will seek concurrence from the Under Secretary of State for
Arms Control and International Security that proposed new individual
export licenses or U.S. Government contracts with the Pakistani MOD are
within the scope of the waiver. Initiating authorities are instructed
to obtain the views of the Departments of State, Defense, Commerce and
Treasury as to whether proposed individual export licenses or U.S.
Government contracts with the Pakistani MOD are within the scope of the
waiver and include those interagency views in their submission to the
Under Secretary of State for Arms Control and International Security,
who will make the final determination as to whether the proposed
licenses or

[[Page 56893]]

contracts are within the scope of the waiver.
    These procedures will remain in effect until November 21, 2002 or
until otherwise notified prior to this date.

    Dated: November 5, 2001.
John S. Wolf,
Assistant Secretary of State for Nonproliferation, Department of State.
[FR Doc. 01-28390 Filed 11-9-01; 8:45 am]
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