{
  "id": "98-486",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "98-486",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 105149,
      "date": "2001-10-05",
      "retrieved": "2016-05-24T20:20:08.109941",
      "title": "Nuclear Sanctions: Section 102(b) of the Arms Export Control Act and Its Application to India and Pakistan",
      "summary": "Section 102(b) of the Arms Export Control Act (AECA) requires the President to impose\nsanctions\non any country that he has determined is a \"non-nuclear-weapon state\" and has received or detonated\na \"nuclear explosive device.\" Sanctions include prohibitions on foreign assistance; munitions sales\nand licenses; foreign military financing; government credits, guarantees, and financial assistance;\nU.S. support for multilateral financial assistance; private bank lending to the affected government;\nand exports of certain specific controlled goods and technology. Specific exceptions exist for\nhumanitarian aid; food and agricultural exports; food assistance; private bank loans and credits for\npurchases of food and agricultural commodities; and certain transactions involving intelligence\nactivities. The statute does not provide for terminating or suspending sanctions once imposed. The\nPresident placed Section 102(b) sanctions on India and Pakistan in May 1998 following nuclear tests\nby those countries earlier that month. The statute had never before been invoked and its full\nimplementation give rise to various legal and policy issues. After an inter-agency review, the\nAdministration announced its overall implementation plan for both countries June 18, 1998. \nConcerns over the lack of an exemption for agricultural goods in Section 102(b)(2)'s prohibition\non government credits and guarantees led to enactment of the Agriculture Export Relief Act ( P.L.\n105-194 ), which exempted Department of Agriculture programs through FY99; it also permanently\nexempted government financing for medicine and medical goods and allowed private loans for\nfertilizer exports. In October 1998, Congress authorized the President to waive for one year certain\nSection 102(b)(2) prohibitions applicable to the two countries, as well as other related statutory\nrestrictions (India-Pakistan Relief Act,  P.L. 105-277 ). The President exercised this authority\nDecember 1, 1998.\n  Congress has since authorized the President to waive indefinitely, as they apply to India and\nPakistan, all sanctions imposed under Section Section 101 or 102 of the AECA; a nuclear-related\nrestriction in the Export-Import Bank Act; and Section 620E(e) of the Foreign Assistance Act\n(FAA)(Pressler Amendment), which restricts military aid and exports to Pakistan (DOD\nAppropriations Act, 2000,  P.L. 106-79 , Section 9001). The President may waive military and\nexport control sanctions only if he certifies to Congress that applying a restriction would not be in\nU.S. national security interests; any licenses for defense exports must be notified to Congress and\nare subject to congressional review. In October 1999, President Clinton waived sanctions with\nregard to certain programs and commercial transactions specific to each country. In August and early\nSeptember 2001, both the Bush Administration and Members of Congress began to call for removal\nof the sanctions, mainly as applicable to India; legislation to lift the measures has also been\nintroduced. Following the September 11 attacks on the World Trade Center and the Pentagon, the\nPresident waived for both India and Pakistan prohibitions on exports of defense items and sensitive\ntechnology and military financing, citing U.S. national security interests; also waived were any\nremaining sanctions in Section Section 101 or 102 of the AECA, the Export-Import Bank Act, and\nthe Pressler Amendment. Foreign assistance to Pakistan continues to be restricted because of an\nanti-coup provision in appropriations legislation and other debt-related restrictions; also, three\nPakistani entities are subject to two-year AECA missile proliferation sanctions. Legislation allowing\nremoval of restrictions on Pakistan ( S. 1465 ) was reported by the Senate Foreign\nRelations Committee October 4. This report will be updated.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
        {
          "format": "HTML",
          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/98-486",
          "sha1": "e2b55d7f38a889823513bfdc7f4380b71932659f",
          "filename": "files/20011005_98-486_e2b55d7f38a889823513bfdc7f4380b71932659f.html",
          "images": null
        },
        {
          "format": "PDF",
          "encoding": null,
          "url": "http://www.crs.gov/Reports/pdf/98-486",
          "sha1": "3c06e25e4aa63c0edf9590c8cdf635f81d43e03c",
          "filename": "files/20011005_98-486_3c06e25e4aa63c0edf9590c8cdf635f81d43e03c.pdf",
          "images": null
        }
      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820211/",
      "id": "98-486_1999Dec09",
      "date": "1999-12-09",
      "retrieved": "2016-03-19T13:57:26",
      "title": "Nuclear Sanctions: Section 102(b) of the Arms Export Control Act and Its Application to India and Pakistan",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/19991209_98-486_ba497bc5402618c0a2cd38dedec570409c7319ee.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/19991209_98-486_ba497bc5402618c0a2cd38dedec570409c7319ee.html"
        }
      ],
      "topics": []
    }
  ],
  "topics": [
    "Appropriations",
    "Asian Affairs",
    "Economic Policy",
    "Foreign Affairs",
    "National Defense",
    "South Asian Affairs"
  ]
}