Nuclear Sanctions: Section 102(b) of the Arms Export Control Act and its Application to India and Pakistan [Updated October 5, 2001]   [open pdf - 171KB]

From the Summary: "Section 102(b) of the Arms Export Control Act (AECA) requires the President to impose sanctions on any country that he has determined is a 'non-nuclear-weapon state' and has received or detonated a 'nuclear explosive device.' [...] The statute does not provide for terminating or suspending sanctions once imposed. The President placed §102(b) sanctions on India and Pakistan in May 1998 following nuclear tests by those countries earlier that month. The statute had never before been invoked and its full implementation give rise to various legal and policy issues. [...] Congress has since authorized the President to waive indefinitely, as they apply to India and Pakistan, all sanctions imposed under §§ 101 or 102 of the AECA; a nuclear-related restriction in the Export-Import Bank Act; and § 620E(e) of the Foreign Assistance Act (FAA) (Pressler Amendment), which restricts military aid and exports to Pakistan[.] [...] Following the September 11 attacks on the World Trade Center and the Pentagon, the President waived for both India and Pakistan prohibitions on exports of defense items and sensitive technology and military financing, citing U.S. national security interests; also waived were any remaining sanctions in §§ 101 or 102 of the AECA, the Export-Import Bank Act, and the Pressler Amendment. Foreign assistance to Pakistan continues to be restricted because of an anti-coup provision in appropriations legislation and other debt-related restrictions; also, three Pakistani entities are subject to two-year AECA missile proliferation sanctions."

Report Number:
CRS Report for Congress, 98-486
Public Domain
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