24 June 1998
Source: http://www.bxa.doc.gov/ind-pak.htm

United States Department of Commerce
Bureau of Export Administration
U.S. Sanctions on the Export of Dual-Use Goods
to India and Pakistan
(June 22, 1998)

On June 18, 1998, the Administration announced additional details of the sanctions that the United States is imposing on India and Pakistan in response to their recent detonation of nuclear devices. The President had previously determined and reported to Congress, under the authority of Section 102 of the Arms Export Control Act (the Glenn amendment), that the Indian and Pakistan activities had violated the Act and sanctions were required. Under the provisions of the Export Administration Regulations (EAR), the Department of Commerce's Bureau of Export Administration (BXA) is implementing the following changes in U.S. export control policy for India and Pakistan.

For Nuclear and Missile-related Items and Entities of Concern:

-- BXA will deny all export and reexport applications for dual-use items controlled for nuclear or missile nonproliferation reasons under the Export Administration Regulations to all end users in India and Pakistan.

-- Under the Enhanced Proliferation Control Initiative (EPCI), BXA will publish a list of Indian and Pakistani government and private entities involved in nuclear and missile activities. All exports and reexports of all items subject to the EAR will be prohibited to these listed entities.

For National Security-related Items and Military Entities:

-- BXA will be revoking License Exception CTP for India and Pakistan. BXA will control the export and reexport of computers over 2,000 MTOPS for national security reasons and require an export license for all exports of these computers to India and Pakistan regardless of end-use or end-user. All applications for computers above 2000 MTOPS for Indian and Pakistani government entities involved in nuclear, missile, or military activities will be reviewed with a presumption of denial. License applications for non-government entities supporting those countries' nuclear or missile programs will be reviewed with a presumption of denial. License applications to other end-users will be favorably considered on a case-by-case basis.

-- BXA will also publish a list of Indian and Pakistani government entities involved in military activities, and will require a license, reviewed with a presumption of denial, for all controlled U.S.-origin dual-use items (i.e., goods, technology, or software listed in Part 774 of the Export Administration Regulations) with the exception of common use items (those under category EAR99).

-- BXA will continue to review applications for exports and reexports to non-government entities in India and Pakistan currently producing items for the military in those nations on a case-by-case basis.

For Other Dual Use Items:

-- BXA will continue to give favorable consideration on a case-by-case basis to other dual-use export and reexport license applications to other Indian and Pakistani government and non- government entities.

-- BXA reminds exporters of the requirements of the Enhanced Proliferation Control Initiative (EPCI), including their responsibility to "know their customers" and to seek a license for any export or reexport when exporters "know" or "have reason to know" that the export or reexport will be used in prohibited activities.

Exceptions:

--Except to entities that are published or as otherwise noted above, all Export Administration Regulations License Exceptions will remain in force.

-- License Exceptions (such as AVS and RPL) used to ship controlled items to maintain the air safety of commercial aircraft in India and Pakistan remain in effect. In addition, BXA will have a presumption of approval for other controlled items used to maintain the air safety of commercial aircraft in India and Pakistan.

Extraordinary Circumstances:

Exporters or reexporters may contact BXA when they believe that, in spite of the stringent policies set forth above, a proposed export or reexport prohibited by the above would further the overall policy goals of the United States with respect to India and Pakistan.

Pending Licenses:

-- BXA will immediately resume to process all pending licenses based on the above criteria.

Exporters are encouraged to check BXA's website frequently for updates to this guidance. If you have any additional questions, please contact the Exporter Counseling Division at 202 - 482-4811 or BXA's Western Regional Office at 714-660-0144.

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