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Bush Waives Nuclear-Related Sanctions on India, Pakistan
Exercising waiver authority granted by Congress in 1999, on September
22 President George W. Bush lifted sanctions imposed on India and
Pakistan for their 1998 nuclear tests. The president also removed
other sanctions related to Pakistans development of nuclear
weapons.
The decision to lift sanctions on Pakistan came in large part due
to the cooperation Washington received from Islamabad after the
September 11 terrorist attacks on New York and Washington. At a
September 24 press briefing, State Department spokesman Richard
Boucher said, We intend to support those who support us. We
intend to work with those governments that work with us in this
fight [against terrorism].
Boucher also said that removing the sanctions is an important
step forward in being able to pursue our goals with Pakistan, to
be able to support Pakistan, and to cooperate more easily with Pakistan
in the fight against terrorism. He added that this allows
us to do some things very quickly and very immediately to support
Pakistan.
The nuclear sanctions on Pakistan, some of which date back as far
as 1979, were originally intended to prevent the further development
and testing of nuclear weapons. After the 1998 nuclear tests, the
Clinton administration tried to use those sanctions and the test-related
sanctions to pressure India and Pakistan to restrain their nuclear
weapons activities.
The nuclear sanctions barred all U.S. economic and military assistance
to Pakistan, and their waiver would have allowed nearly all of this
aid to proceed. However, other sanctions imposed after the October
1999 military takeover of Pakistans democratically elected
government prohibit Washington from providing most of this assistance.
In addition, other sanctions imposed for the receipt of Chinese
missile components do not allow certain Pakistani entities to receive
U.S. missile and space assistance.
However, the coup sanctions do not bar U.S. commercial military
sales of spare parts or U.S. support of applications for loans from
international financial institutions such as the World Bank. As
a result, Washington can now resume these activities, both of which
are important to Islamabad. According to a State Department official,
the ban on spare-parts sales has had a strong impact
on Pakistans military capabilities.
Removing the coup sanctions would require a presidential certification
that democracy has been restored, something Bush cannot provide
at this time, or the passage of congressional legislation authorizing
a waiver of the sanctions. According to a House aide, there would
be little resistance in Congress to passing such legislation. The
aide noted that, since the terrorist attacks, Congresss attitude
has been to give the administration what it asks for.
Sanctions on India
Administration officials had acknowledged for several weeks that
Bush was preparing to remove sanctions on India. But the question
of how and whether to also lift sanctions on Pakistan delayed action
because the administration apparently preferred to remove sanctions
on both countries simultaneously. Once the terrorist attacks expedited
a decision on lifting sanctions on Pakistan, the administration
was finally able to announce the removal of sanctions on India.
The lifting of the 1998 nuclear-test sanctions will allow U.S.
economic and military assistance to India to go forward. Most importantly,
Washington can support Indian applications for international financial
institution loans. India is the largest single borrower from the
World Bank.
In a September 23 interview with the Press Trust of India, Indian
Finance Minister Yashwant Sinha welcomed the sanctions waiver
but said, As far as the Indian economy itself was concerned,
except for certain defense supplies, sanctions had no meaning.
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Sanctions
Waived by President Bush September 22, 2001
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Pakistan
Symington Amendment
Section 101 of the Arms Export Control Act
Adopted in 1976, prohibits U.S. economic and military
assistance to any country delivering or receiving nuclear
enrichment equipment, material, or technology not under
International Atomic Energy Agency safeguards.
Imposed in 1979 for Pakistans clandestine construction
of a uranium enrichment plant.
Pressler Amendment
Section 620E(e) of the Foreign Assistance Act of 1961
Adopted in 1985, bars most forms of U.S. military
assistance to Islamabad unless the president certifies annually
that Pakistan does not possess a nuclear explosive device.
Imposed in 1990 when President George H. W. Bush
was unable to make such a certification.
Glenn Amendment
Section 102(b) of the Arms Export Control Act
Imposed in 1998 for Pakistans nuclear tests
in May of that year.
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India
Glenn Amendment
Section 102(b) of the Arms Export Control Act
Adopted in 1994, prohibits all U.S. economic and
military assistance to any non-nuclear-weapon state (as
defined by the nuclear Non-Proliferation Treaty) that carries
out a nuclear explosion.
Imposed in 1998 for Indias nuclear tests in
May of that year.
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Sanctions
Still in Force on Pakistan
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Military Coup Sanctions
Section 508 of the Foreign Assistance Act of 1961
Adopted in 1988, prohibits most
forms of U.S. economic and military assistance to any country
whose elected head of government is deposed by a military
coup.
Imposed in 1999 for the ousting of Pakistans
democratically elected prime minister in a military coup.
Missile Sanctions
Chapter 7 of the Arms Export Control Act, as required
by U.S. membership in the Missile Technology Control Regime,
a voluntary regime of 33 states that seek to limit missile
proliferation
Bars most U.S. missile and space cooperation for
at least two years with specified entities for their sale
or receipt of ballistic missiles, components, or related
technology that could be used to deliver weapons of mass
destruction.
Imposed in 2000 on the Pakistani Ministry of Defense
and the Space and Upper Atmospheric Commission for their
receipt of missile components and technology transfers from
China. Also imposed in 2001 on Pakistans National
Development Complex for its receipt of missile components
and technology transfers from China.
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