[Federal Register Volume 66, Number 219 (Tuesday, November 13, 2001)]
[Notices]
[Pages 56892-56893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28390]


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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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