[Federal Register: June 20, 2003 (Volume 68, Number 119)]
[Notices]
[Page 37039]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn03-131]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 4384]
Bureau of Political-Military Affairs; Export of Defense Articles
and Defense Services to India and Pakistan
AGENCY: Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that requests for export and retransfer
of defense articles, defense services and related technical data to
India or Pakistan pursuant to section 38 of the Arms Export Control Act
(AECA) will be considered on a standard case-by-case basis. This notice
reverses the policy of denial set forth in Federal Register Notices
published on May 20, 1998 and June 17, 1998.
EFFECTIVE DATE: June 20, 2003.
FOR FURTHER INFORMATION CONTACT: Peter J. Berry, Director, Office of
Defense Trade Controls Licensing, Directorate of Defense Trade
Controls, Bureau of Political-Military Affairs, Department of State
(202) 663-2700.
SUPPLEMENTARY INFORMATION: In 1998, pursuant to a Presidential
determination under section 102(b) of the AECA, two Federal Register
notices were published (63 FR 27781, May 20, 1998; and 63 FR 33122,
June 17, 1998) that revoked all licenses and approvals to export or
otherwise transfer defense articles and defense services to India and
Pakistan, respectively. These Federal Register notices set forth a
policy of denial for new requests for such licenses/approvals.
The President issued a waiver of the Glenn Amendment sanctions on
India and Pakistan on September 22, 2001. Pursuant to section 9001(b)
of the Department of Defense Appropriations Act, 2000 (Pub. L. 106-79),
the President determined and certified to Congress that the sanctions
and prohibitions in subparagraphs (B), (C), and (G) of section
102(b)(2) of the AECA would not be in the national security interests
of the United States. (66 FR 50095, October 2, 2001.)
Section 9001(e) of the Department of Defense Appropriations Act,
2000, specifies that the issuance of a license for the export of
defense articles, services, or technology to India or Pakistan pursuant
to the waiver authority is subject to the same requirements as are
applicable to the export of items described in section 36(c) of the
AECA, including the transmittal of information and the application of
Congressional review procedures. Consistent with this requirement, the
Department provided a certification to Congress of proposed licenses or
other approvals for the export of defense articles and defense services
for India or Pakistan, regardless of the dollar value of the export.
The Foreign Relations Authorization Act, Fiscal Year 2003 (Pub. L.
107-228) amended the congressional notification requirements stated in
section 9001(e) of the Department of Defense Appropriations Act, 2000.
Pursuant to section 1405(b) export licenses to Pakistan or India must
be reported to Congress only if they meet or exceed the dollar value
thresholds of section 36(c) of the AECA. These thresholds are
$14,000,000 for major defense equipment and $50,000,000 for defense
articles or services.
Finally, on November 21, 2002 Missile Technology Control Regime
(MTCR) Category I missile sanctions imposed on the Pakistani Ministry
of Defense (MOD) and the Space and Upper Atmosphere Research Commission
(SUPARCO) expired. These sanctions were imposed for engaging in
missile-related cooperation with Chinese entities (Section 73(a)(1) of
the Arms Export Control Act (AECA) and Section 11B of the Export
Administration Act (EAA) of 1979, as amended). Therefore, licenses for
the transfer of items on the United States Munitions List (USML) to the
Pakistani MOD and SUPARCO will no longer be denied based on these
sanctions.
In light of the Presidential waiver of the Glenn Amendment
sanctions, the reestablishment of the dollar thresholds for
congressional notification, and the expiration of the MTCR Category I
missile sanctions, it is the policy of the Department to consider, on a
standard case-by-case basis, applications and other requests for
approval pertaining to defense articles/defense services for export/
transfer to India or Pakistan.
Dated: June 25, 2003.
Lincoln P. Bloomfield, Jr.,
Assistant Secretary, Bureau of Political-Military Affairs, Department
of State.
[FR Doc. 03-15651 Filed 6-19-03; 8:45 am]
BILLING CODE 4710-25-P