May 29, 1998: Interim Guidance on Indian And Pakistan Export Control Licensing Policy:

The President has determined and reported to Congress, under the authority of Section 102 of the Arms Export Control Act (the Glenn amendment), that India and Pakistan, non-nuclear weapons states, have detonated nuclear explosive devices. In light of these developments, the Bureau of Export Administration (BXA) is taking the following interim steps under its export control authority. Consistent with the licensing policies in Sections 742.3 or 744.2 of the EAR, we are suspending all existing licenses authorizing the export to Indian and Pakistani government entities, including parastatals involved in proliferation activities, for items controlled for nuclear (NP) or missile (MT) reasons. No further exports may occur under the authority of these existing licenses.

Please note that decisions on sanctions restricting the export of dual-use items to India are still being developed in interagency consultation. Further adjustments in U.S. export control policy toward India are anticipated. U.S. exporters should check the BXA Web site (www.bxa.doc.gov), or contact Office of Exporter Services for up-to-date information.

1. BXA has placed all pending Indian and Pakistan license applications on hold.

2. BXA is denying all pending license applications covering goods, technology, and software that are controlled for nuclear proliferation (NP) or missile technology (MT) reasons that are for export or reexport to the Indian and Pakistani governments, including parastatals involved in proliferation activities.

3. BXA intends to deny all pending license applications for High Performance Computers (HPC) with a performance level equal to or greater than 2000 MTOPs for export or reexport to the Indian and Pakistani governments, including parastatals involved in proliferation activities. BXA also intends to require exporters who notify the Bureau of HPC exports under the provisions of the National Defense Authorization Act to submit export license applications for shipments to Indian and Pakistani government entities, including parastatals involved in proliferation activities.

4. Consistent with the licensing policies in Sections 742.3 or 744.2 of the EAR, BXA is suspending all existing licenses authorizing the export to the Indian and Pakistan governments, including parastatals involved in proliferation activities, for items controlled for nuclear (NP) or missile (MT) reasons. No further exports may occur under these existing licenses for these items to these end-users/-uses. The basis for this suspension is the risk of diversion to unacceptable end-uses/-users.

5. Unless BXA informs a license applicant otherwise, U.S. exporters may continue to ship dual-use items to non-government Indian and Pakistani entities under previously issued BXA licenses.

6. License Exceptions remain available for eligible exports or re-exports to Indian and Pakistani entities.

7. We remind exporters that they must seek a BXA license for any export or re-export that is subject to the EAR "know" or "is informed" provisions relating to proliferation end-users or end-uses.

8. Further adjustments in U.S. export control policy toward India and Pakistan are anticipated. U.S. exporters should continue to check the BXA Web site (www.bxa.doc.gov), or contact Office of Exporter Services for up-to-date information.

If you have any additional questions, please contact the Exporter Counseling Division at 202-482-4811 or BXA's Western Regional Office at 714-660-0144.