Export Control on Goods, Technologies, Material and Equipment related to nuclear and Biological Weapons and their Delivery Systems Act, 2004

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EXPORT CONTROL ON GOODS, TECHNOLOGIES, MATERIAL 
AND EQUIPMENT RELATED TO NUCLEAR AND BIOLOGICAL 
WEAPONS AND THEIR DELIVERY SYSTEMS ACT, 2004 
 
              
 
 
 
 
CONTENTS 
1.  Short title, extent; application and commencement 
2.  Definitions 
3.  Authority 
4.  Control Lists 
5.  Licensing 
6.  Record keeping 
7.  Offences, etc. to be tried by a Court of Session 
8.  Offences and penalties 
9.  Appeal 
10.  Diversion of controlled goods or technologies to unauthorized use 
11.  Act not to derogate from other laws, etc. 
 
 
 
 

 
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EXPORT CONTROL ON GOODS, TECHNOLOGIES, MATERIAL 
AND EQUIPMENT RELATED TO NUCLEAR AND BIOLOGICAL 
WEAPONS AND THEIR DELIVERY SYSTEMS ACT, 2004 
ACT No. V OF 2004 
          [25th September, 2004] 
 
An Act to provide for export control on goods, technologies, material and equipment related to 
nuclear and biological weapons and their delivery systems; 
 
 WHEREAS the Islamic Republic of Pakistan___ 
(a)  is determined to safeguard its national security and foreign policy objectives 
and to fulfil its international obligations as a responsible nuclear weapon State;  
(b)  as a party to the Chemical Weapons Convention, has promulgated the 
Chemical Weapons Convention Implementation Ordinance, 2000 (LIV of 
2000); and 
(c)  is committed to prevent proliferation of nu clear and biological weapons and 
missiles capable of delivering such weapons; 
 
 AND WHEREAS to achieve the aforesaid objectives it is necessary to strengthen controls on 
the export, re -export, transshipment and transit of goods and technologies, material a nd equipment 
related to nuclear and biological weapons and missiles capable of delivering such weapons; 
 
 AND WHEREAS it is expedient to provide for export control on goods, technologies, 
material and equipment related to nuclear and biological weapons and their delivery systems; 
 
 It is hereby enacted as follows: __ 
 
 1. Short title, extent; application and commencement. ___(1) This Act may be called the 
Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological 
Weapons and their Delivery Systems Act, 2004.  
 
 (2) It extends to the whole of Pakistan. 
 
 (3) It applies to___ 
(a)  every citizen of Pakistan or a person in the service of Pakistan within and 
beyond Pakistan or any Pakistani visiting or working abroad; 
(b)  any foreign national while in the territories of Pakistan; and 
(c)  any ground transport, ship or aircraft registered in Pakistan wherever it may 
be. 
(4) It shall come into force at once. 
 
 
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 2. Definitions. In this Act unless there is anything repugnant in the subject or context:― 
(a)  “basic scientific research” means theoretical or experimental work undertaken 
principally to acquire new knowledge of the fundamental principles of 
phenomena or observable facts; 
(b)  “biological weapon ” means any weapon designed to kill or harm or infect 
people, animals or plants on a large scale through effects of the infectious or 
toxic properties of a biological warfare agent; 
(c)  “delivery system” means missiles exclusively designed and adapted to deliver 
a nuclear or biological weapon; 
(d)  “development” means any activity or phase prior to production and may 
include or relate to design research, design analysis, design concept, assembly 
and testing of prototypes, pilot production schemes, design data, the process of 
transforming designed data into product, configuration design and integration 
design or layout; 
(e)  “equipment” means an assembly which may comprise electrical, electronic, 
mechanical, chemical and metallurgical components, including those used in 
manufacturing or pilot plants, used in the production of nuclear and biological 
weapons; 
(f)  “export” means― 
(i)  shipment, transfer or transmission of goods or technology out of the 
territory of Pakistan; and 
(ii)  a transfer of goods or technology within Pakistan with the knowledge 
or intent that the goods for technology will be shipped, transferred or 
transmitted to an unauthorized recipient outside Pakistan; 
(g)  “goods” means any article natural or man -made substance, material supply or 
manufactured product, including inspection and test equipment except 
technology; 
(h)  “material” means materials used in t he production of nuclear and biological 
weapons and their delivery system; 
(i)  “nuclear weapon” means any weapon designed to kill or cause destruction or 
harm people on a large scale through the effects of a nuclear explosion; 
(j)  “re-export” means expor t of an item from any end user State or entity after 
having imported any goods or technology covered under this Act from 
Pakistan to any other State or entity; 
(k)  “services” means providing training and technical assistance including 
intangible transfer such as disclosure of technical data relating to the purposes 
of this Act; 
 
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(l)  “technology” means any documents including blueprints, plans; diagrams, 
models, formulae, tables, engineering designs or specifications, manuals or 
instructions, necessary for the development and production of nuclear or 
biological weapons, and their delivery systems, including on -the-job training, 
expert advice and services attached therewith except- 
(i)  any document or information that is in the public domain or is .related 
to basic scientific research and other peaceful applications of such 
technology including that related to its application for protective 
purposes; and 
(ii) any application of the grant of a patent or any other form of protection 
for inventions or for the re gistration of a design in each case under the 
law of the Islamic Republic of Pakistan or any other country or under 
any treaty or international conventions to which Pakistan is a party or 
any document necessary to enable any such application to be filed, 
made or pursued; 
(m)  “transit” means transportation through the territory of Pakistan by land, air or 
amphibious means of transportation; and 
(n)  “transshipment” means shipment through ports of Pakistan. 
 
 3. Authority.___ (1) For the purposes of this Act , the authority rests with the Federal 
Government and the Federal Government, as and when necessary, may― 
(a)  make such rules and regulations -as are necessary for implementation of this 
Act; 
(b)  delegate authority to administer all activities under this  Act to such Ministries, 
Divisions, Departments and Agencies as it may deem appropriate; 
(c)  establish a Government Authority to administer export controls established 
under this Act; 
(d)  designate the agency or agencies authorized to enforce this Act; 
(e)  establish an Oversight Board to monitor the implementation of this Act; and 
(f)  require licenses for exports from Pakistan of goods and technology, and the 
re-export of goods and technology that originated in Pakistan. 
 
 (2) Officials of the designate d agency or agencies are authorized to inspect consignments 
declared for export and review, acquire or confiscate records of 'persons engaged in the exporting or 
holding an export license under this Act, with the same powers in respect of exports in contra vention 
of any provision of this Act. The Federal Government may vest any investigatory powers and powers 
of arrest authorized by law in officials of the customs administration or other appropriate agencies. 
 
 4. Control Lists.___(1) The Federal Government  shall maintain Control Lists, to be notified 
separately, of goods and Technologies subject to licensing requirements under this Act. 
 
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 (2) The control lists shall be reviewed periodically, and revised or updated, as required by the 
Federal Government and notified accordingly. 
 
 (3) The Federal Government shall notify all licensing requirements and procedures. 
 
 (4) The Federal Government shall control export, re -export, transshipment, transit of goods, 
technologies, material and equipment, subject to the p rovisions of this Act, which may contribute to 
the designing, development, production, stockpiling, maintenance or use of nuclear and biological 
weapons and their delivery systems. 
 
 (5) Nothing in this Act shall be construed to restrict or prohibit basics  scientific research in 
Pakistan or other peaceful applications or relevant technologies. 
 
 5. Licensing.___ (1) The Federal Government shall frame and notify the licenses required 
under this Act, and also adopt and notify the procedures under which such licenses shall be approved 
or rejected. 
 
 (2) Licenses for export of goods and technologies for peaceful applications may be approved 
unless the Government determines that the export would be in contravention of the provisions of this 
Act. 
 (3) An exporter is under legal obligation to notify to the competent authority if tile exporter is 
aware or suspects that the goods or technology are intended, in their entirety or in part, in connection 
with nuclear or biological weapons or missiles capable of delivering such weapons. 
 
 (4) Nothing in this Act shall be taken to prohibit the export of licensed goods and technology, 
provided that all conditions attached to the said license are complied with. 
 
 6. Record keeping.___ (1) All exporters shall maintain records o f all transactions and report 
these to the designated authorities. 
 
 (2) Any Government agency or department involved in export licensing procedure shall keep 
records of their recommendations and decisions. Such records shall be made available to other 
agencies or departments involved in export licensing, upon request. 
 
 7. Offences, etc. to be tried by a Court of Session.  Any person who contravenes any 
provision, or attempts to commit or abets the commission of an offence, under this Act or any order, 
rules and regulations, framed there under shall be tried by a Court of Session only upon complaint in. 
writing made by an officer of the Federal Government authorized in this behalf by the Federal 
Government. 
  
 8. Offences and penalties. ___ (1) Any person who  contravenes any provision of this Act or 
any order, rules and regulations framed there  under, or, provides false information concerning 
matters governed by this Act to any of the agencies responsible for administering this Act, shall be 
guilty for an offe nce punishable on conviction by imprisonment for a term which may extend to 
fourteen years, or, with fine not exceeding five million rupees or both, and on conviction offender's 
property and assets, wherever they may be, shall be forfeited to the Federal Government. 
 
 (2) Any person who attempts to commit or abets the commission of an offence under this 
Act shall be proceeded against in the manner, as if he had committed such an offence. 
 
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 (3) In case the offence is not serious for criminal proceedings, adm inistrative actions, 
which may be determined from time to time, shall be taken against the individuals contravening any 
provision of this Act. 
 
 9. Appeal. Any person sentenced under this Act may within thirty days of the decision prefer 
an appeal before the High Court having jurisdiction. 
 
 10. Diversion of controlled goods or technologies to unauthorized use.  Whenever the 
Federal Government determines that a recipient of controlled goods or technologies has knowingly 
diverted these goods or technologies t o unauthorized use in violation of the conditions of an export 
license issued by the Government of Pakistan, the Federal Government or officials of the 
appropriately designated agency may deny― 
(a)  further export to that recipient of goods or technologies for a specified period 
for each offence; or  
(b)  the recipient the privilege of exporting products into Pakistan for a specified 
period for each offence. 
 
 11. Act not to derogate from other laws, etc. The provisions of this Act shall be in addition 
to, and not in derogation of, any law, rules, orders or notifications for the time being in force. 
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