-ssistance u Pubstan-a) The Congress receenyng Afghanistan pose a security

Est recognizes that an inde

Fasten vtinued friendly ties with 1 de xtent nations. The Congress * SSIS v belp Pakistan maintain its are intended to benefit the

wong ten mees the burdens imposed by orres i esan and by promoting ecoBy stance to Pakistan, it is the FE TE #eous restoration of fuli Sentive pvement in Pakistan. The Conctual interest of PakiSeru ze profundly destabilizing ef a nucer se devices or the capacity acourt nicer devices.

Stats reaffirms excitment made in its men vi Pasta relating to aggression from

Immunist-dominated stre. sans for Pakistan shu be made available in dealing with the threat to its security resence in Afghanistan. The United States sets to ensure the defense articles provided Pakistan are used for defensive purposes. at may wave the pricbitions of section 101 Art with respect to any grounds for the met section ansing before the effec me Nuclear Proferation Prevention Act of sane & Fastan f he determines that to do mes off the Cited States.

se shall be furnished to Pakiquipment or technology shall be sold or

Cornerston Act of 1979 Public Law 96–53; 93 Stat

zreset the Secretary of State, the President

sectum 62CD b of the Foreign Assistance Act of ames ate that furnishing assistance to Afghan under that Act is in the national interest of the PANOR DIOLstances in Afghanistan.

RACINE 231240 of the Export-Import Bank Act heres determine that Afghanistan has ceased De redman of such term in subparagraph (Bidf

Love Law 99-190.99 Stat. 1319), I hereby provide tanury trade treatment to the products of Afghan* MUUN The Congress of this memorandum." Pres STFR 47557)

MRÆST IN SEC. THE of the International Security and Devel NMC LAW ST-213 95 Stat. 1561). The President exercised 6 Presidential Determination No. 82-7).

Ergout Prevention Act of 1994 (title VIII of the Foreign 94 and 1996. Public Law 103-236; 108 Stat. 50 The subsec. formerly read, as previously amended.

kare the prebehnung of section 669 of this Act at any time during Love a gradiment of this section and ending on September 30, 1994 Na Na Mating that period if he determines that to do so is in the

to deport a terminations.

a deser amendment Subsec (e) was added by sec. 902 of the Jemezgiment. Cooperation Act of 1985 (Public Law 99-83; 99 Stat

268). Presidential Determinations No. 86-3 of November 25, 1985; No. 87-3 of October 27, 1986; No. 88-4 of December 17, 1987; 89-7 of November 18, 1988; and 90-1 of October 5, 1989, 54 F.R. 43797, certified that Pakistan does not have a nuclear explosive device and that U.S. assistance would reduce significantly the risk that Pakistan will possess a nuclear explosive device. The President did not certify for fiscal years 1991-1997.

On May 28 and 30, 1998, Pakistan tested nuclear explosive devices. On May 30, 1998, the President determined that such tests had transpired, and imposed a range of sanctions required pursuant to sec. 102(b) of the Arms Export Control Act and sec. 2(b)(4) of the Export-Import Bank Act of 1945 (Presidential Determination No. 98-25; 63 F.R. 31881).

The India-Pakistan Relief Act, enacted as title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of Public Law 105-277; 112 Stat. 2681), however, authorized the President to waive the application of sanctions against India and Pakistan for one year. The President issued such a determination as referred to in sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that provided: "I hereby waive until October 21, 1999, the sanctions and prohibitions contained in section 101 and 102 of the Arms Export Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and section 2(b)(4) of the Export-Import Bank Act of 1945, insofar as such sanctions and prohibitions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency with respect to Pakistan and India; assistance to Pakistan and India under the 'International Military Education and Training' program; the making of any loan or financial or technical assistance to Pakistan by any international financial institution in support of the assistance program that Pakistan is negotiating with the International Monetary Fund." (Presidential Determination No. 99-7; Weekly Compilation of Presidential Documents, vol. 34, no. 49, December 7, 1998, p. 2402).

The President extended the waiver on September 30, 1999 (Presidential Determination No. 99-44; 64 F.R. 54503).

Title IX of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1283), repealed the India-Pakistan Relief Act, effective October 21, 1999. In its place, title IX of that Act, as amended, provided the following:

"TITLE IX

"WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN

"SEC. 9001. (a) WAIVER AUTHORITY.-Except as provided in subsections (b) and (c) of this section, the President may waive, with respect to India and Pakistan, the application of any sanction contained in section 101 or 102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)).

"(b) EXCEPTION.-The authority to waive the application of a sanction or prohibition (or portion thereof) under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act, unless the President determines, and so certifies to the Congress, that the application of the restriction would not be in the national security interests of the United States.

"(c) TERMINATION OF WAIVER.-The President may not exercise the authority of subsection (a), and any waiver previously issued under subsection (a) shall cease to apply, with respect to India or Pakistan, if that country detonates a nuclear explosive device after the date of the enactment of this Act or otherwise takes such action which would cause the President to report pursuant to section 102(b)(1) of the Arms Export Control Act.

"(d) TARGETED SANCTIONS.—

"(1) SENSE OF THE CONGRESS.

"(A) it is the sense of the Congress that the broad application of export controls to nearly 300 Indian and Pakistani entities is inconsistent with the specific national security interests of the United States and that this control list requires refinement; and "(B) export controls should be applied only to those Indian and Pakistani entities that make direct and material contributions to weapons of mass destruction and missile programs and only to those items that can contribute to such programs.

"(2) REPORTING REQUIREMENT.-Not later than 60 days after the date of the enactment of this Act, the President shall submit both a classified and unclassified report to the appropriate congressional committees listing those Indian and Pakistani entities whose activities contribute to missile programs or weapons of mass destruction programs.

"(e) CONGRESSIONAL NOTIFICATION.-The issuance of a license for export of a defense article, defense service, or technology under the authority of this section shall be subject to the same requirements as are applicable to the export of items described in section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal of information and the application of congressional review procedures. The application of these requirements shall be subject to the dollar amount thresholds specified in that section.

"(f) REPEAL.-The India-Pakistan Relief Act (title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in section 101(a) of Public Law 105-277) is repealed effective October 21, 1999.".

The President waived the application of sanctions under the new law on October 27, 1999 (Presidential Determination No. 2000-4; 64 F.R. 60649), to the following extent:

"(1) with respect to India, insofar as such sanctions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency; assistance under the International Military Education and Training' program; the

Continued

transferred to Pakistan, pursuant to the authorities contained in this Act or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equipment or technology 999 is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance 1000

making of any loan or the providing of any credit to the Government of India by any U.S. bank, assistance to the Asian Elephant Conservation Fund, the Rhinoceros and Tiger Conservation Fund, and the Indo-American Environmental Leadership program; and any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and

"(2) with respect to Pakistan, insofar as such sanctions would otherwise apply to any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and the making of any loan or the providing of any credit to the Government of Pakistan by any U.S. bank." (Presidential Determination No. 2000-4; October 27, 1999; 64 F.R. 60649).

On September 22, 2001, the President lifted all nuclear test-related sanctions against India and Pakistan, under the authority granted him in the Defense Appropriations Act, FY 2000 (Presidential Determination No. 2001-28; 66 F.R. 50095).

On October 27, 2001, the President signed Public Law 107-57 (115 Stat. 403), authorizing the waiver of remaining sanctions imposed against Pakistan for debt arrearage and the military overthrow of its democratically elected government. On March 14, 2003, the President determined that a waiver of the coup-related sanctions imposed against Pakistan "would facilitate the transition to democratic rule in Pakistan; and is important to United States efforts to respond to, deter, or prevent acts of international terrorism" and thus waived the sanctions for FY 2003 (Presidential Determination No. 2003-16; 68 F.R. 13803). The President waived the sanctions for fiscal year 2004 in Presidential Determination No. 2004-26 of March 24, 2004 (69 F.R. 21675), and for fiscal year 2005 in Presidential Determination No. 2005-21 of February 15, 2005 (70 F.R. 10313). Sec. 7103(c) of Public Law 108-458 sought to amend Public Law 10757 to extend its applicability through fiscal year 2006; that amendment, however, was not executable because of an earlier executed amendment in Public Law 108-447, which removed text that Public Law 108-458 cited. For Public Law 107-57, as amended, see Legislation on Foreign Relations Through 2005, vol. I-B.

Sec. 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2210), however, provided the following, relating to Public Law 107-57 and other economic restrictions imposed on Pakistan:

"SEC. 534. **

"(j) EXTENSION OF AUTHORITY.—

"SPECIAL AUTHORITIES

"(1) With respect to funds appropriated by this Act that are available for assistance for Pakistan, the President may waive the prohibition on assistance contained in section 508 of this Act subject to the requirements contained in section 1(b) of Public Law 107-57, as amended, for a determination and certification, and consultation, by the President prior to the exercise of such waiver authority.

"(2) Section 512 of this Act and section 620(q) of the Foreign Assistance Act of 1961 shall not apply with respect to assistance for Pakistan from funds appropriated by this Act.

"(3) Notwithstanding the date contained in section 6 of Public Law 107-57, as amended, the provisions of sections 2 and 4 of that Act shall remain in effect through the current fiscal year.".

See also sec. 102 of the Arms Export Control Act, as amended by the Agriculture Export Relief Act of 1998 (Public Law 105-194; 112 Stat. 627).

See also sec. 589 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2174), relating to the availability of excess defense articles for certain countries.

997 Sec. 559(aX1XD) and (E) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), added para designation (1)", and added new paras. (2) through (4). These amendments are popularly collectively referred to as the "Brownback amendment."

998 Popularly referred to as the Brown amendment. Sec. 559(a)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), struck out "No assistance", and inserted in lieu thereof "No military assistance" 999 Sec. 559(a)(1)B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), struck out "in which assistance is to be furnished or military equipment or technology" and inserted in lieu thereof “in which military assistance is to be furnished or military equipment or technology".

1000 Sec. 559(a)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), struck out "the proposed United States assistance" and inserted in lieu thereof "the proposed United States military assistance".

program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.

(2) 997 The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:

(A) International narcotics control (including chapter 8 of part I of this Act) or any provision of law available for providing assistance for counternarcotics purposes.

(B) Facilitating military-to-military contact, training (including chapter 5 of part II of this Act) and humanitarian and civic assistance projects.

(C) Peacekeeping and other multilateral operations (including chapter 6 of part II of this Act relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided.

(D) Antiterrorism assistance (including chapter 8 of part II of this Act relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes. (3) 997 The restrictions of this subsection shall continue to apply to contracts for the delivery of F-16 aircraft to Pakistan.

(4) 997 Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F-16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.

(f) 1001 STORAGE COSTS.-The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact.

or

(g) 1001 INAPPLICABILITY OF RESTRICTIONS TO PREVIOUSLY OWNED ITEMS.-Section 620E(e) does not apply to broken, worn unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000. (h) 1001 BALLISTIC MISSILE SANCTIONS NOT AFFECTED.-Nothing contained herein shall affect sanctions for transfers of missile equipment or technology required under section 11B of the Export Administration Act of 1979 or section 73 of the Arms Export Control Act.

1001 Sec. 559(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), added subsecs. (f), (g), and (h).

SEC. 620F.1002 NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA. (a) FINDINGS.—The Congress finds that

(1) the proliferation of weapons of mass destruction remains one of the most serious threats to international peace and stability;

(2) South Asia, in particular, is an area where the threat of a regional nuclear exchange remains high due to continued Indo-Pakistani tensions over issues such as Kashmir;

(3) to date, United States efforts to halt proliferation in South Asia have failed;

(4) although global disarmament is a desirable goal which should be vigorously pursued, both regional and sub-regional security arrangements can serve to decrease tensions and promote non-proliferation in certain areas;

(5) thus far, there has been some success on a regional basis, such as the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America;

(6) in particular, in Latin America, the Treaty of Tlatelolco has been signed by all the nuclear powers;

(7) a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty;

(8) in 1991, a proposal was made for a regional conference on non-proliferation in South Asia which would include Pakistan, India, the People's Republic of China, the Soviet Union, and the United States; and

(9) thus far, Pakistan, China, Russia, and the United States have expressed interest in attending such a conference, whereas India has refused to attend.

(b) POLICY.-It is the sense of the Congress that the President should pursue a policy which seeks a regional negotiated solution to the issue of nuclear non-proliferation in South Asia at the earliest possible time, including a protocol to be signed by all nuclear weapons states, prohibiting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Proliferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nuclear issues, such as the agreement reached by Pakistan and India not to attack one another's nuclear facilities.

1002 22 U.S.C. 2376. Added by sec. 585(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1688).

Sec. 585(b) of that Act further provided:

"(b) REPORT ON SOUTH ASIAN NUCLEAR PROGRAMS.-Not later than six months after the enactment of this Act, the President shall submit a report with respect to the People's Republic of China, Pakistan, and India in writing to the Committees on Appropriations, the Speaker of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, on those country's nuclear and ballistic missile programs, including, but not limited to"(1) a determination as to whether that country possesses a nuclear explosive device or whether it possesses all the components necessary for the assembly of such a device; "(2) a complete report on the status of that country's missile development program, foreign assistance to that program, and foreign sales of missiles or missile components to that country and steps which the United States has taken in response to such sales, and

"(3) a report on whether that country has agreed to fully adhere, and is adhering, to all peaceful nuclear cooperation agreements with the United States and has formally agreed to place all United States-supplied nuclear materials under international safeguards in perpetuity.".