GOVERNMENT OF PAKISTAN

MINISTRY OF COMMERCE

Islamabad, the 11th July, 2000

S.R.O. 482(I)/2000.- In exercise of the powers conferred by sub-section (1) of section 3 of the Imports and Exports (Control) Act, 1950 (XXXIX of 1950), the Federal Government is pleased to make the following Order, namely:-

2 Definitions.- In this Order, unless there is anything repugnant to the subject or context,-

4. Basis of exports.-Exports from Pakistan shall be made under the foreign exchange rules, regulations and procedures notified by the State Bank of Pakistan from time to time and submission of such documents as may be prescribed.

5. Export of goods.-(1) Export of all goods shall be allowed except those specified in Schedule-I to this Order. Export of goods specified in Schedules II and III to this Order shall be subject to the conditions given therein.

(2) The provisions of this Order shall not be apply to;-

(3) Transit and Border Trade shall be allowed under the procedure prescribed therefor.

4. Special dispensation.-Federal Government may, for the reasons to be recorded in writing, allow exports in relaxation

of the provisions of this Order.

7. Export authorization and its validity.- The Ministry of Commerce shall issue export, export cum import or re-export authorization for any item under the special dispensation provision of this Order which shall unless specified otherwise, be valid for a period of six months.

10. Re-export of Goods or items (except banned items as per Schedule-I of this Order).-Export of imported goods in their original and unprocessed form shall not be allowed except.-

1. parts obtained from ship breaking;
2. scrapped battery cells;
3. waste dental amalgam;
4. waste exposed X-ray films;
5. old machinery provided no refund of import levies or duty draw back shall be made;
6. items imported against back to back letter of credit for re-export subject to the procedure and conditions notified by the State Bank of Pakistan;
7. imported goods in their original and unprocessed form provided that-

1. their re-export F.O.B. price is higher at least by 2.5%( in case of re-export to Central Asian Republics by at least 3%) than the imported C&F price and the condition of value addition will not be applicable in the following cases, namely:-

1. the manufacturer-cum-exporter imported goods with the condition that payment will be made on quality approval and the quality of goods is not approved;
2. the manufacturer-cum-exporter imported goods which partially consumed in the manufacture of goods for export and the balance remained un-utilized due to quality inspection and damage or the balance goods could not be disposed of locally due to brand conditionalities; and

 

3. goods imported under various duty free schemes meant for exports and could not be consumed due to cancellation of export order;

1. re-export is made against sight letter of credit or advance payment; and

1. copy of contract showing warranty period.
2. any communication from foreign importer to the effect that certain goods from the exported consignment have been found defective.

(2) Schedule I chemicals, listed in Appendix "A" have least commercials use and hence cannot be exported to States not party to the convention and hence export of these chemicals has been restricted under the Export Policy and Procedures Order, 2000. Schedule 2 and Schedule 3 chemicals listed in Appendix "B". and "C". respectively, are widely used in the commercial sector and can be exported to States not party to the Convention with the following restrictions, namely:-

1. Chemical specified in schedule 2 and Schedule 3 shall be exported to States not party to the Convention after the 29^th April, 2000 and the 29^th April, 2002, respectively; and
2. during the interim period, export of chemicals specified in Schedule 2 and Schedule 3 to State not party to the Convention shall be subject to production of end-use certificate by the recipient State stating therein the following particulars in relation to the transferred chemicals namely:-

1. that they shall only be used for purposes not prohibited under the Convention;
2. these shall not be re-transferred;
3. their types and quantities; and
4. the name(s) and address(es) of the end-user (s); and

14. Repeal.- The Export Policy Order, 1999, and the Import-Export Procedure Order, 1999, are hereby repealed.

Export of the following goods or animals will be allowed subject to conditions, procedure and formalities prescribed against each:-

EPO99 5-7-2000

1330hours.

(See paragraph 12(2)

FromT20

Appendix ’D’

(See paragraph 12)

(for transfers of schedule 2 chemicals to States not party to the Convention)

Exporter’s Transfer Country Code Year Transfer Number

A.CHEMICAL TO BE TRANSFERRED:________________________________________________

Type IUPAC chemical name

C. END USER (S)

1 (we certify that1 (we) (are) the end user (s) of the chemicals referred to under A above. 1 (we) will not export, result or otherwise dispose of any amount thereof (1) outside the recipient. State on whose territory the end user (s) listed below is (are) located, or (2) to any other person, natural or legal. 1 (we) further certify that to the best of my (or) knowledge and belief, all of the fact contained in this certificate are true, and that 1 (we) do not know of any additional facts that are inconsistent with this certificate.

D. CRTIFICATION ON BEHALF OF THE RECIPIENT STATE:

It is hereby certified that the transferred chemical referred to above will be used only for purposes not prohibited under the Convention on the prohibited of the development. Stock piling and use of chemical weapons and on Their Destruction and that it will not be re-transferred

*Schedules may be transferred States not party to the Convention only up to and including

29 April 2000

FromT30

Appendix ’E’

(See paragraph 12)

(for transfers of schedule 2 chemicals to States not party to the Convention)

Exporter’s Transfer Country Code Year Transfer Number

C. END USER (S)

1 (we certify that1 (we) (are) the end user (s) of the chemicals referred to under A above. 1 (we) will not export, result or otherwise dispose of any amount thereof (1) outside the recipient. State on whose territory the end user (s) listed below is (are) located, or (2) to any other person, natural or legal. 1 (we) further certify that to the best of my (or) knowledge and belief, all of the fact contained in this certificate are true, and that 1 (we) do not know of any additional facts that are inconsistent with this certificate.

D. CRTIFICATION ON BEHALF OF THE RECIPIENT STATE:

It is hereby certified that the transferred chemical referred to above will be used only for purposes not prohibited under the Convention on the prohibited of the development. Stock piling and use of chemical weapons and on Their Destruction and that it will not be re-transferred

*After 29 April 2002, the transfer of Schedule 3 chemicals to States not party to the Convention shall be subject to any restrictions which may be determined by the Conference of the States Parties of the OPCW.

1. Each end-use certificate will be initiated by the exporter, importer or end user. It should be certified by the end user(s) and by a responsible official of the recipient State in a government agency which is appropriate to the end-use for each Schedule 2 or Schedule 3 chemicals to be exported to a State not party to the Convention.

2. Form T20 should be completed prior to transfer of Schedule 2 chemicals to States not party to the Convention, while Form T30 should be completed prior to transfers of Schedule 3 chemicals to State not party to the Convention.

3. It is important for end users in States not party to the Convention to note that end-use certificates appropriately certified by a responsible official of the recipient State in a government agency which is appropriate to the end-use, should be in the safekeeping with the Pakistan’s Ministry of Commerce before the Schedule 2 or Schedule 3 chemical in question is exported from Pakistan.

4. The "exporters transfer identification" at the beginning of Forms T20 and T30 will be furnished by the Ministry of Commerce, which is responsible for export control, as under:-

1. the "country code" to be provided is that of the exporting country, and it will be ‘PAK’ for Pakistan;
2. "Year" refers to the calendar year in which it is anticipated that the transfer of the Schedule 2 or Schedule 3 chemical in question will actually take place; and
3. the "Transfer number" refers to a sequential number that will be uniquely assigned to each transfer to a Schedule 2 or Schedule 3 chemical by the Ministry of Commerce.

5. Each Schedule 2 or Schedule 3 chemical to be transferred should be identified by its IUPAC Chemical name and by its CAS registry number which are given against each chemical listed in Appendixes and

6. The total quantity (in kilograms) of each Schedule 2 or Schedule 3 chemical to be transferred should be specified.

7. The end use (s) of each Schedule 2 or Schedule 3 chemical to be transferred should be specified using the product group codes listed in Appendix.

8. For each end user which is to process or consume the Schedule 2 or Schedule 3 chemical in question, the following information should be provided namely:-

1. name of authorised representative of end user;
2. position of authorised representative of end user;
3. up-to-date and complete organizational title of end user;
4. up-to-date and complete address of end user including, and if applicable; postal code, PO box number, fax number, and e-mail address; and
5. quantity (in kilograms) of the Schedule 2 or Schedule 3 chemical to be transferred to the end-user.

9. If more than three end-uses or more than three end users are to be involved in a single export transaction, additional forms should be completed using the same transfer identification number.

10. The Ministry of Commerce will forward a copy of the end-use certificate, as soon as it is completed, to the National Authority C/O disarmament Cell, Ministry of Foreign Affairs, for information and inclusion of export data in the annual declaration made to the Organisation for the Prohibition of Chemical Weapons (OPCW), The Hague, Netherlands.

(See paragraph 12)