[Gazette of Pakistan, Extraordinary, Part – II, 10th June, 2009]
S. R. O. 450(I) / 2009, dated 29.5.2009.- – In exercise of the powers conferred by Section 3 of the Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004 (V of 2004), the Federal Government is pleased to make the following rules, namely:
1. Short title and commencement. (1) These rules may be called the Export Control (Licensing and Enforcement) Rules, 2009.
(2) These rules shall come into force at once.
2. Definitions. In these rules, unless there is anything repugnant in the subject or context,
(a) “Act” means the Export Control on goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004 (V of 2004)
(b) “Appropriate officer”, means the officer belonging to any department, service, law enforcement entity, etc. to whom the powers for enforcement of the Act and rules made thereunder are entrusted by the Federal Government;
(c) “Applicant” means any person who applies to SECDIV for registration or license as an exporter for export of goods and technology of item (s) included in the Control Lists;
(d) “Control Lists” means the lists issued under Notification No. S. R. O 1078(I)/2005 dated the 19th October, 2005, as amended from time to time;
(e) “Detain”, in relation to goods and technology, mean “detain” as defined under Section 2 (kk) of the Customs Act, 1969,
(f) “IIC” means international Import Certificate;
(g) “License” means a License issued to the applicant under these rules;
(h) “Registration” means registration with SECDIV prior to the export of control Lists item (s);
(i) “SECDIV” means Strategic Export Control Division, Ministry of Foreign Affairs; and;
(j) “SRN” means SECDIV Registration Number.
3. Registration, – – – (i) Any person, intending to export, goods and technology as specified in the Act and the Control Lists shall apply for registration to SECDIV in the form set out in Annex-I to these rules.
(ii) SECDIV after verification and scrutiny of the application filed under sub-rule (1) shall issue a registration number referred to as the “SECDIV Registration Number” or “SRN” to the applicant.
4. License application form. – – – (1) Subject to sub-rule (2) any registered person holding “SRN” may apply to the SECDIV for export license under these rules. The applicant shall apply for license in the form set out as Annex-II to these rules at least ninety days prior to the intended export of the item (s), to,
Director (Licensing & Regulations),
Strategic Export Control Division
Ministry of Foreign Affairs, Islamabad.
(2) The application shall be entertained only if it is submitted along with the prescribed documents such as,
(a) End-User Certificate duly verified and signed by the End-User and consignee in form prescribed as Appendix A to these rules;
(b) Copy of the international Import Certificate (IIC) for the item or if the IIC is not issued in the importing country, and import authorization issued by the appropriate agency of the Foreign State giving explicit approval for the import concerned or No Objection Certificate (NOC) by the relevant authorities, agencies, etc. of the importing State; and
(c) Any other document as mentioned in the License Application Form or those required in addition by SECDIV
5. Incorrect or false statements. – – – Incorrect or false statement or declaration by the applicant shall be an offence under the Act and these rules.
6. Issuance of license.
(1) SECDIV may after considering the application submitted under these rules issue an export license to the applicant in the form prescribed as Annex-III to these rules for a specific period and purpose as it may deem appropriate.
(2) Each application form shall deal with item or items earmarked for one destination. However, nothing contained in these rules shall prevent issuance of a single license for more than one items or more than one license for different items to the same exporter for a single destination.
(3) No amendment whatsoever shall be made once the license has been issued. Any mistake or misprint shall be corrected by the SECDIV through issuing of fresh copy of the same license.
(4) An exporter is under legal obligation to abide by all other laws, rules and regulations etc. that are in force and relevant to the export.
7. Right to reject any application. – – – The SECDIV reserves the right to reject any application for the registration or export license on the information or suspicion that the goods or technology are intended in connection with nuclear or biological weapons or missiles capable of delivering such weapons, or for reasons of national security, foreign policy objectives, counter terrorism, and other international obligations.
8. Rejection of application. – – – The application may also be rejected if the applicant fails to prove legitimacy of the intended export or fails to give sufficient information to establish authenticity of the application or export.
9. License may be suspended or cancelled, – – – If the SECDIV has sufficient information or evidence that an exporter has violated or circumvented any of the provisions of the Act or rules made thereunder, it may by order in writing, after giving the opportunity of hearing to the exporter, suspend or cancel the export license.
10. Enforcement, – – – The Federal Government may delegate or entrust its function to restrict and prohibit the export, re-export, transshipment and transit of goods, technologies, material and equipment relating to nuclear and biological weapons and means of delivery of such weapons for the effective enforcement of these rules to any other Government department, statutory body, agency or appropriate officers, etc.
11. Search, seize and arrest, – – – (i) The appropriate officer, in case he has reasons to believe, that any person is exporting goods, technologies, material and equipment relating to nuclear and biological weapons or related there, may search such person if he is on board or is about to board a vessel within the territory of Pakistan or is about to get into or is in ant other conveyance or about to leave Pakistan.
(ii) The appropriate officer who has reasons to believe that any person has committed an offence or is likely to commit an offence under the Act or rules may conduct search of any premises, cordon off any particular site, seize the goods and effect arrest of any such person.
12. Seizure of goods, technology, material, etc. – – – The goods, technology, material and equipment under the Act being exported in contravention of these rules shall be liable to confiscation along with the conveyance used for committing the offence, provided that the final disposal of the seized goods, technology, material and equipment shall be made in accordance with the direction or procedure as prescribed by the SECDIV.
13. Information to SECDIV, – – – SECDIV shall be kept informed by Pakistan Customs and other designated agency or agencies by SECDIV of any acts of confiscation, investigation, arrest and prosecution from the violation of the Act and rules framed thereunder.
14. Punishment for contravention of these rules, – – – Any person who contravenes any provision of these rules shall be guilty of an offence punishable with imprisonment for a term which may extend to fourteen years or with fine not exceeding five million rupees or both.
[See Annexure – I page 1593 to 1596 Gazette of Pakistan, Extraordinary, part – II, 10th June, 2009]
Instructions for Applicants for SECDIV Registration
(1) A SECDIV registered firm will be eligible to apply for Export License for the Control Lists Commodities Only to SECDIV
(2) No Exporter shall be entitled to registration as of right, and SECDIV registration may e refused or, if granted may be suspended or cancelled for;
(i) Contravening or failing to comply with the provisions of Export Control Act 2004 (V of 2004)
(ii) For under invoicing/over invoicing.
(iii) For selling, transferring or violating the condition of export control Act.
(iv) For obtaining or attempting to obtain any such license by fraud.
(v) For non-possession of real assets in Pakistan to the extent considered adequate by SECDIV
(vi) For refusal to furnish the original export contract entered with the foreign buyers or information or data relating to such contract on demand by SECDIV
(vii) For non communication of changes in ownership or location of the firm to SECDIV.
(3) Only one form will be registered as exporter.
(i) In case of Proprietary firms;
(a) Where the proprietor has more than one firm.
(b) Where the proprietors of two or more firms are the member of family (family means; husband/wife including dependent children).
(c) Where the proprietor is share holder in partnership firm whose partners are member of his family.
(ii) In case of partnership;
(a) Whether two or more firms have the same set of partners are members of the same family.
(ii) In case of private limited firm;
(a) Where two or more firms have the same set of share holders or are members of the same family.
(4) Foreign firm will be registered provided is already registered as a company in Pakistan under the Companies Ordinance 1984.
(5) SECDIV has the right to change/relax these rules any time for any one or for all.
(6) In case of disputer the SECDIV’S decision will be final and would have immunity from legal proceedings in any Court of Law.
[See Annexure – I and Annexure IIII page 1599 to 1604 Gazette of Pakistan, Extraordinary, part – II, 10th June, 2009]
The License is subject to the following conditions, namely;
(1) This Export License is granted by the Strategic Export Control Division (SECDIV) on the information declared on the SECDIV License Application Form (Form * SECDIV (II)/2008) and only valid for the goods/items mentioned herein.
(2) The goods covered by th3e license are not to be used in relation to goods, technologies, material and equipment related to nuclear and biological weapons and their delivery systems under the Export Control Act 2004 (V of 2004).
(3) Vigilance on behalf of the license of any contravention of the Export control on Goods, Technologies, Material and Equipment Related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004 (V of 2004) whereby the goods and technology may by destined for use in their entirety, or in part, in connection with nuclear or biological weapons or missile system s capable of delivering such weapons. In case of any suspicion in this regard, the licensee must not export any of the items in question, inform SECDIV immediately and return the license to SECDIV.
(4) The license is non-transferable.
(5) This license has been issued without amendments or alterations and is void if any amendments or alternations are directed on this License. If so, the license may be confiscated and returned to SECDIV.
(6) Others …………………………………….
Director (Licensing & Regulations)
STRATEGIC EXPORT CONTROL DIVISION
Signatures & Seal
[See Appendix – A page 1606 to 1608 Gazette of Pakistan, Extraordinary, part – II, 10th June, 2009]