Nuclear Sanctions: Section 102(b) of the Arms Export Control Act and its Application to India and Pakistan

摘要

Section 102(b) of the Arms Export Control Act (AECA) requires the President to impose sanctions on any country that he has determined is a 'non- nuclear-weapon state' and has received or detonated a 'nuclear explosive device.' Sanctions include prohibitions on foreign assistance; munitions sales and licenses; foreign military financing; government credits, guarantees, and financial assistance; U.S. support for multilateral financial assistance; private bank lending to the affected government; and exports of certain specific controlled goods and technology. Specific exceptions exist for humanitarian aid; food and agricultural exports; food assistance; private bank loans and credits for purchases of food and agricultural commodities; and certain transactions involving intelligence activities. The statute does not provide for terminating or suspending sanctions once imposed. The President placed 102(b) sanctions on India and Pakistan in May 1998 following nuclear tests by those countries earlier that month. The statute had never before been invoked and its full implementation give rise to various legal and policy issues. After an inter-agency review, the Administration announced its overall implementation plan for both countries June 18, 1998. Concerns over the lack of an exemption for agricultural goods in 102(b)(2) s prohibition on government credits and guarantees led to enactment of the Agriculture Export Relief Act (P.L. 105-194), which exempted Department of Agriculture programs through FY99; it also permanently exempted government financing for medicine and medical goods and allowed private loans for fertilizer exports. In October 1998, Congress authorized the President to waive for one year certain 102(b)(2) prohibitions applicable to the two countries, as well as other related statutory restrictions (India-Pakistan Relief Act, P.L. 105-277). The President exercised this authority December 1, 1998.