Export Policy order 2005

 21st  July, 2005

             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:-

1.         Short title and commencement. -(1)This Order may be called the Export Policy Order, 2005.

(2)     It shall come into force at once.

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

(a)  “Act” means the Imports and Exports (Control) Act 1950 (XXXIX of 1950);

(b)  “Appendix” means an Appendix to this Order;

(c) “gift parcel” means goods being sent abroad through post or courier service as gift;

(d) “prescribed” means prescribed by rules made under the Act or under this          Order,

(e)     “sample” means goods in limited quantity clearly identifiable as such and of    no commercial value; and

(f)      “Schedule” means a Schedule to this Order.

3.         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 upon submission of such documents as may be prescribed.

4.         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 Schedule II to this Order shall be subject to the conditions given therein.

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

 (a) any goods constituting the stores or equipment or machinery parts and kitchenette of any outgoing vessel, conveyance or airline or the bonafide accompanied baggage of the crew or of the passengers in such vessel or conveyance or airline:

Provided that banned or restricted items shall not be allowed unless otherwise authorized;

(b) any goods trans-shipped at a port in Pakistan after having been manifested for such trans-shipment at the time of despatch from a port outside Pakistan;
(c) any goods, stores or equipment when sold abroad on Government to Government basis or exported under an export authorization issued by any officer authorized by the Ministry of Defence in this behalf;
(d) export of samples subject to the following conditions, namely:-

(i)             that the export of such goods is not banned,

(ii)           the f.o.b. value does not exceed twenty five thousand US dollars (US$ 25,000) or equivalent per  exporter per annum, and

(iii)         that the goods are supplied free of charge:

Provided that leather garment manufacturers shall be entitled to

export one hundred samples per annum, irrespective of monetary value.

Provided further that the monetary and quantitative ceilings shall

not be applicable if the samples are exported in a mutilated form;

(e) export of gift parcels of a value not exceeding five thousand US dollars (US$ 5,000), or equivalent in Pak. Rupees;
(f) export of relief goods to any part of the world by the Cabinet Division (Relief Cell), Government of Pakistan;
(g) bonafide baggage of persons travelling outside Pakistan; and
(h) persons travelling outside Pakistan who may take with them as accompanied baggage, goods without any restriction of quantity, or any requirement of encashment certificates provided that such goods do not include items listed in Schedule I and that in respect of items of Schedule III, the prescribed conditions have been met.

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

5.         Relaxation of prohibitions and restrictions.- (1) The Federal Government may, for reasons to be recorded allow export in relaxation of any prohibition or restriction under this Order.

(2)        The Federal Government may issue export authorization in respect of any item for which relaxation is made under sub-paragraph (1) or for which export authorization is required under this Order.

(3)        The Federal Government shall issue the aforesaid condonation or authorization on its letter-head consecutively numbered and duly embossed.

6.         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.

7.         Re-export of frustrated cargo.- Re-export of frustrated cargo shall be allowed by the Customs authorities subject to the conditions contained in the Customs Rules, 2001.

8.         Exports to Afghanistan and through Afghanistan to Central Asian Republics.-

(1) In Pak Rupees. – Subject to provisions of sub-paragraph (1) of paragraph 4, export of all commodities produced or manufactured in Pakistan, excluding those manufactured in manufacturing bonds, shall be allowed via land route, against Pak-rupee on filing of regular shipping bills without Form ‘E’. Such exports shall not be entitled to (i) zero-rating of sales tax on taxable goods, (ii) rebate of central excise duty; and (iii) repayment or drawback of customs-duty.

(2)        In convertible currency.- Subject to provisions of sub-para (1) of paragraph 4 and Schedule III, all items and commodities produced or manufactured in Pakistan exported, via land route or by air against irrevocable letters of credit, confirmed orders on realization of export proceeds through banking channel or advance payment, in convertible foreign currency, shall be allowed (i) zero-rating of sales tax on taxable goods, (ii) rebate of central excise duty and (iii) repayment or drawback of customs-duty, subject to the following conditions, namely:-

(a)        the proof that goods exported from Pakistan have reached Afghanistan will be verified on the basis of copy of import clearance documents by Afghan Customs Authorities across the border.

(b)        packages or retail packing shall be prominently and indelibly be marked with the expression “For Export Only”, and in case of international donor agencies “For Export only – supply for aid to Afghanistan (insignia of the organization) – not for sale in Pakistan’;

(c)        export shall be allowed only through authorized export land routes i.e. Torkham, Chaman, Ghulam Khan (for export of cement only) and Qamar Uddin Karez (when it becomes operational);

(d)       export from Export Processing Zones and manufacturing bonds, except vegetable ghee and cooking oil, shall be allowed but these exports shall not be entitled to (i) zero-rating of sales tax on taxable goods, (ii) rebate of central excise duty; and (iii) repayment or drawback of customs duty:

Provided that exports made to ISAF may be made on deferred payment basis, without opening of Letter of Credit, subject to the following conditions, namely:-

(i)                 the waiver shall be applicable strictly to exports made to ISAF;

(ii)               shipments to ISAF are made by their authorized agents duly endorsed by the ISAF receiving agent in Afghanistan;  and

(iii)             payment of foreign exchange is received within sixty days of shipment.

(3)        Exports by international donor agencies: Export of such goods as are made by or on behalf of UNHCR, World Food Programme, UNDP, UNFPA, ICRC, WHO, FAO, UNICEF against international tenders, as relief goods to Afghanistan, shall be allowed the facility of normal duty drawback against payment in convertible foreign currency, through all standard modes of payment including letters of credit, advance payment and DA/DP basis.

(4)        Normal duty drawback shall remain available on exports to the Central Asian Republics via Iran.

(5)        Export of acetic anhydride to Afghanistan shall not be allowed till further orders.

9.         Export-cum-import.-(1) Imported items may be exported for purposes of repairs, replacement, or refilling of cylinders and ISO tanks subject to submission of indemnity bond to customs authorities undertaking that goods being exported shall be re-imported after repairs, replacement, or refilling.

(2)       Customs authorities shall allow Pakistani exporters to replace the exported goods found defective as per terms of sale contract subject to furnishing of-

(a)    a copy of contract; and

(b)    a communication form the buyer detailing the goods that have been found to be                 defective.

(3)        Export-cum-import of vehicles shall be allowed for purposes of traveling abroad, on the basis of carnet de passage issued by Automobile Association of Pakistan, or a guarantee issued by Pakistan Transport Mutual Assistance Co-operative Society Ltd., or on indemnity bond furnished by the owner of the vehicle.

(4)        The temporary export and re-import of locally manufactured or imported machinery or equipment for the purpose of carrying out works awarded to construction, engineering and electrical companies shall be allowed, on submission to the customs authorities of undertaking along with evidence of contract that the machinery shall be imported back upon conclusion of the contract. No refund of import duties or levies, if paid at the time of import of machinery, shall be admissible in such cases of export-cum-import.

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

(a)   parts obtained from ship breaking;

(b)   scrapped battery cells;

(c)    waste dental amalgam;

(d)   waste exposed X-ray films;

(e)    old machinery provided no refund of import levies or duty draw back shall be made;

(f)     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; and

(g)   imported goods in their original and unprocessed form provided that re-export is made against sight letter of credit or advance payment.

(h)   The manufacturer-cum-exporter imported goods with the condition that payment will be made on quality approval and the quality of the goods is not approved;

(i)     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

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

11.       Export of Chemicals etc.- (1) Under the Chemicals Weapons Convention, the chemicals which can be used for industrial sector as well as for production of chemical weapons, have been defined as Scheduled Chemicals and listed as Schedule 1, 2 and 3 chemicals there-under.

(2)        Schedule 1 chemicals, listed in Appendix “A” have least commercial use and hence cannot be exported to States not party to the convention and hence export of these chemicals have been restricted under Schedule 2 and Schedule 3 chemicals listed in Appendix “B” and “C,” of this Order respectively, are widely used in the commercial sector and can be exported to States not party to the Convention with the restriction that for such transfers, importing country shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for purposes not prohibited, under the Convention. Forms T20 and T30 attached as Appendices “D” and “E,” respectively, shall be completed by the recipient State and by the end user before importing these chemicals from Pakistan. Detailed instructions with regard to filling and disposal of these forms are covered in Appendices “F” and  “G.”

12.       Export from Export Processing Zones.- The units operating in Export Processing Zones may export goods abroad as well as to the tariff area in accordance with the rules and procedures prescribed by the Customs Export Processing Zones Rules, 1981.

13.       Exports from Gwadar Special Economic Zone. – Export of goods from Gwadar Special Economic Zone to foreign countries and to the tariff area will be in accordance with the rules and procedures to be notified by the Federal Government.

14.       Restrictions imposed under other Acts and laws.- Restrictions or conditionalities imposed under relevant provisions of the following Acts, Ordinances and Laws shall be treated to be restrictions and conditionalities under this Order, namely:-

(a)               the Antiquities Act, 1975 (VII of 1976);

(b)               the Arms Act, 1878 (XI of 1878);

(c)                the Copyright Ordinance, 1962 (xxxiv of 1962);

(d)               the Customs Act, 1969 (IV of 1969)

(e)                the Drugs Act, 1976 (XXXI of 1976);

(f)                 the Explosive Act, 1884 (IV of 1884);

(g)               the Foreign Exchange Regulation Act, 1947 (VII of 1947);

(h)               the Merchandize Marks Act, 1889 (IV of 1889);

(i)                 the Pakistan Animals Quarantine (Import and Export of Animal and Animal Products) Ordinance, 1979 (XLIX of 1979);

(j)                 the Poisons Act, 1919 (XII of 1919);

(k)               the Petroleum Act, 1934 (XXX of 1934); and

(l)                 any other  law notified in the official Gazette by the Federal Government .

15.       Contravention of the Act.- Any export made without compliance with the requirements of this Order or made on the basis of false or incorrect particulars shall be deemed to have been made in contravention of the provisions of the Act.

16.       Repeal.- The Export Policy Order, 2004 is hereby repealed.

________________________________________________

SCHEDULE-I

[See paragraph 4(1)]

S.No. HS Code Description Exceptions
(1) (2) (3) (4)
1. 1211.4000, 22.03 to  22.09,  29.39 Intoxicants and intoxicating liquors defined in the Prohibition. (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979). Export of any intoxicant or article containing intoxicating liquor under the licences for bona fide medicinals or other purposes issued under the Prohibition. (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979).
2. Respective Headings Appendix I and II wildlife species of the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) and all animals, mammals, reptiles and endemic birds protected under any Provincial Wildlife Act. (a). National Council for Conservation of Wildlife (NCCW) is authorized to issue NOC for export for the following purposes, namely:-

(i)            Research; and

(ii)           Trophies from community managed conservation areas

(b).          Exotic/endemic captive bred birds subject to production of NOC and mandatory checking by the Provincial Wildlife Department at the airports or exit points.

3. Respective Headings Appendix III wildlife species of the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES). NOC from National Council for Conservation of Wildlife (NCCW).
4. 44.01

44.02

Charcoal and firewood.
5. 44.01

44.03

44.04

44.07

Wood and Timber.
6. 28.44

28.45

Fissionable material.
7. 9306.9000 Anti Personnel Landmines (APLS)
8. 9706.0000 Antiquities. Old vehicles and aircrafts not falling within the definition of antiquities.
9. Respective Headings Chemicals (as per details in Appendix ‘A’ to this Order). Export to States or countries, which have ratified the Chemical Weapons Convention as per procedure given in paragraph 11 of Order.
10. 15.16

15.18

Vegetable ghee and cooking oil The export of vegetable ghee and cooking shall be allowed (excluding that manufactured in manufacturing bonds in case of exports to Afghanistan only) provided there is value addition of fifteen percent for edible uses in packs up to sixteen litres for cooking oil and sixteen kilograms for vegetable ghee and fifty percent value addition in non-edible uses in packs up to ½ litre or half kilogram.
11. Respective Headings Counterfeit products.
12. 53.02 Sann Hemp
13. Respective Headings Wild Mammals and Reptiles

SCHEDULE-II

[See paragraph 4(1)]

S.NO. ITEM/GOODS CONDITIONS/PROCEDURE/FORMALITIES
(1) (2) (3)
1.

2.

Wheat

Cotton.

Except wheat imported by UN or other relief agencies for re-export to Afghanistan as relief goods.

1.         Export contract registration with EPB against security deposit of 1% of the contract value and presentation of the same before customs authorities with shipping documents alongwith cotton grading and classification certificate issued by the Pakistan Cotton Standards Institute.

2.   An irrevocable letter of credit shall be opened by the buyers within thirty-five (35) days and the shipment of contracted quantity shall be completed within one hundred and eighty (180) days of the registration of contract. In case letter of credit is not opened within the stipulated time or non-performance of the contract the security deposit shall be forfeited by the State Bank of Pakistan proportionate to the quantity not-shipped.

3.       The export of cotton shall be allowed on the basis of types as well as grades. The exporters shall, however, mention the grade equivalence on the shipping documents if they opt to export the cotton on type basis and the requirement of classification and grading certificate in such cases, shall be dispensed with, if the ginned cotton is packed in export packings.

3. Basmati Rice Quality check under such procedure as prescribed by the Export Promotion Bureau.
4. Metals Export of metals by foreign enterprises will be governed by a special mechanism identified by Ministry of Petroleum & Natural Resources for checking the prices etc.
5. Arms, ammunition, explosives

and ingredients thereof.

NOC from Ministry of Defence (Defence Production Division).
6. Complete Rocket and Unmanned Air Vehicle (UAV) systems and their parts. NOC from Ministry of Defence (Defence Production Division).

.

7. Nuclear substances, radioactive materials and any other substance or item covered by the Pakistan Nuclear Regulatory Authority Ordinance, 2001 (III of 2001). As per procedure notified by the Pakistan Nuclear Regulatory Authority.
8. Equipment used for production, use or application of nuclear energy or activity including generation of electricity and spares related to these. do-
9 Precious and semi-precious stones and gold jewellery. As per special procedure notified vide S.R.O. 266(I)/ 2001, dated 7-5-2001.
10. Poppy Seeds. Export of imported Poppy seeds shall be allowed if imported from the countries where Opium Poppy is grown licitly in accordance with the provisions of Single Convention.
11. Urea Subject to the approval of ECC of the Cabinet on case to case basis.
12. Pet dogs and cats. Export of pet dogs and cats shall be allowed on issuance of Quarantine Certificate about health and caging by the Animal Plant Quarantine Department.
13. Wild Boars its meat and skin. Export of wild boars, its meat and skin shall be permissible only by the non-Muslim exporters.
14. Surgical Instruments The export of surgical instruments shall be subject to certificate/test report to be issued by the Sialkot Material Testing Laboratory, to all destinations.
15. Livestock. As per procedure and conditions laid down vide Ministry of Food, Agriculture and Livestock.
16. Fruits in retail packing Gross weight to be indicated.
17. DAP, NP and other Fertilizers Except re-export of fertilizer by UNDP and other UN agencies.

SCHEDULE-III

[See paragraph 8(2)]

            Negative List of items for exports to Afghanistan under Duty Drawback Scheme.

(1)        Cigars, cheroots, cigarillos and cigarettes of tobacco or of tobacco substitutes.

(2)        Dyes and chemicals.

(3)        Yarn all types.

(4)        PVC and PMC materials.

(5)        Polyester metalized film.

(6)               Ball bearings.

(7)        Vegetable ghee and cooking oil (if exported from Export Processing Zones or manufacturing bonds).

Appendix ‘A’

[See paragraph 11(2)]

SCHEDULE   1 CHEMICALS

 A.       Toxic Chemicals

1.         O-Alkyl (<C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates

e.g.  Sarin: O-Isopropyl methylphosphonofluoridate

Soman: O-Pinacolyl methylphosphonofluoridate

2.         O-Alkyl (<C10, incl. cycloalkyl) N, N-dialkyl (Me, Et,

n-Pr or i-Pr) phosphoramidocyanidates e.g.  Tabun: O-Ethyl N, N-dimethylphosphoramidocyanidate

3.         O-Alkyl (H or <C10, incl. cycloalkyl) S-2-dialkyl (Me, Et,

n-Pr or i-Pr)- corresponding alkylated or protonated salts

aminoethyl alkyl (Me, Et, n-Pr or i-Pr) hosphonothiolates and

e.g.  VX: O-Ethyl S-2-diisopropylaminoethylmethyl

phosphonothiolate

4.              Sulphur mustards:

2-Chloroethylchloromethylsulfide

Mustard gas: Bis(2-chloroethyl)sulphide

Bis(2-chloroethylthio)methane

Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane)

1,3-Bis(2-chloroethylthio)-n-propane

1,4-Bis(2-chloroethylthio)-n-butane

5-Bis(2-chloroethylthio)-n-pentane

is(2-chloroethylthiomethyl)ether

-Mustard: Bis(2-chloroethylthioethyl)ether

5.         Lewisites:

Lewisite 1: 2-Chlorovinyldichloroarsine

Lewisite 2: Bis(2-chlorovinyl)chloroarsine

Lewisite 3: Tris(2-chlorovinyl)arsine

6.         Nitrogen mustards:

HN1: Bis(2-chloroethyl)ethylamine

HN2: Bis(2-chloroethyl)methylamine

HN3: Tris(2-chloroethyl)amine

7.         Saxitoxin

8.         Ricin

B.         Precursors

9.         Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

e.g. DF: Methylphosphonyldifluoride

10.      O-Alkyl (H or <C10, incl. cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, N-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts e.g. QL: O-Ethyl O-2-diisopropylaminoethylmethylphosphonite

11.          Chlorosarin: O-Isopropyl methylphosphonochloridate

12.          Chlorosoman: O-Pinacolyl methylphosphonochloridate

Cas Registry

Number

(107-44-8)

(96-64-0)

(77-81-6)

(50782-69-9)

(2625-76-5)

(505-60-2)

(63869-13-6)

(3563-36-8)

(63905-10-2)

(42868-93-7)

(42868-94-8)

(63918-90-1)

(63918-89-8)

(541-25-3)

(40334-69-8)

(40334-70-1)

(538-07-8)

(51-75-2)

(555-77-1)

(35523-89-8)

(9009-86-3)

(676-99-3)

(57856-11-8)

(1445-76-7)

(7040-57-5)

 

Appendix ‘B’

[See paragraph 11(2)]

SCHEDULE   2 CHEMICALS

S.No. Chemicals CAS REGISTRY

NUMBER

(1) (2) (3)
A Toxic Chemicals
1. Amiton: O.O-Diethyl S-12-(diethylamino)ethyl) phosphorothiolate and corresponding alkylated or protonated salts (78-53-5)
2. PFIB : 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8)
3. BZ: 3-Quinuclidinyl benzilate(*) (6581-06-2)
B. Precursors
4. Chemiclas, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms e.g. Methylphosphonyl dichloride (676-97-1)
Dimethyl methulphosphonate (756-79-6)
Exemption:
Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate (944-22-9)
5. N.N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides
6. Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates
7. Aresenic trichloride (7784-34-1)
8. 2,2-Diphenyl -2-hydroxyacetic acid (76-93-7)
9. Quinuclidine-3 ol (1619-34-7)
10. N.N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2 choloride and corresponding protonated salts
11. N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts
Exemptions:
N, N-Dimethylaminoethanol and corresponding protonated salts (108-01-0)
N, N-Diethylaminoethanol

and corresponding protonated salts

(100-37-8)
12. N, N-Dialkyl (Me, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts
13. Thiodiglycol : Bis (2-hydroxyethyl) sulphide (111-48-8)
14. Pinacolyl alcohol:3,3-Dimethylbutane-2 ol (464-07-3)

Appendix ‘C’

[See paragraph 11(2)]

SCHEDULE III CHEMICALS

Chemicals Cas Registry

Number

A Toxic Chemicals
1. Phosgene : Carbonyl dichloride (75-44-5)
2. Cyanogen chloride (506-77-4)
3. Hydrogen cyanide (74-90-8)
4. Chloropicrin : Trichloronitromethane (76-06-2)
B. Precursors
5. Phosphorus oxychloride (10025-87-3)
6. Phosphorus trichloride (7719-12-2)
7. Phosphorus pentachloride (10026-13-8)
8. Trimethyl phosphite (121-45-9)
9. Triethyl phosphite (122-52-1)
10. Dimethyl phosphite (868-85-9)
11. Diethyl phosphite (762-04-9)
12. Sulphur monochloride (10025-67-9)
13. Sulphur dichloride (10545-99-0)
14. Thionyl chloride (7719-09-7)
15. Ethyldicthanolamine (139-87-7)
16. Methyldicthanolamine (105-59-9)
17. Tricthanolamine (102-71-6)

 

Appendix ’D’

[See paragraph 11(2)]

END USE CERTIFICATE

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

Exporter’s Transfer                   Country Code                        Year                  Transfer Number

Identification

A.CHEMICAL TO BE TRANSFERRED:

Type                  IUPAC chemical name

                        CAS registry number
Total Quantity (Kilograms):
B. END-USE(S) OF THE CHEMICAL:
1.
2.
3.

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.

Name Quantity (Kg)
Position
Organisation
Address
Signature Date
Name Quantity (Kg)
Position
Organisation
Address
Signature Date
Name Quantity (Kg)
Position
Organisation
Address
Signature Date
Name Quantity (Kg)
Position
Organisation
Address
Signature Date

D. CERTIFICATION 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

Name:
Position:
Orgainsation:
Address:
Signature Date

 

Appendix ‘E’

[See paragraph 11(2)]

END USE CERTIFICATE*

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

Exporter’s Transfer                      Country Code                  Year                   Transfer Number

Identification

A.CHEMICAL TO BE TRANSFERRED:

Type                  IUPAC chemical name

                        CAS registry number
Total Quantity (Kilograms):
B. END-USE(S) OF THE CHEMICAL:
1.
2.
3.

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.

Name Quantity (Kg)
Position
Organisation
Address
Signature Date
Name Quantity (Kg)
Position
Organisation
Address
Signature Date
Name Quantity (Kg)
Position
Organisation
Address
Signature Date
Name Quantity (Kg)
Position
Organisation
Address
Signature Date

D. CERTIFICATION 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.

Name;
Position:
Orgainsation:
Address:
Signature Date

*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.

 

Appendix ‘F’

[See paragraph 11(2)]

INSTRUCTIONS ON HOW END-USE CERTIFICATES ARE TO BE

COMPLETED, AND BY WHOM

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:-

(a)     the “country code” to be provided is that of the exporting country, and it will be ‘PAK’ for Pakistan;

(b)     “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

(c)     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:-

(a)        name of authorized representative of end user;

(b)        position of authorized representative of end user;

(c)        up-to-date and complete organizational title of end user;

(d)       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

(e)        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 Organization for the Prohibition of Chemical Weapons (OPCW), The Hague, Netherlands.

Appendix ‘G’

[See paragraph 11(2)]

PRODUCT GROUP CODES

Code Description of Chemicals and related Products
(1) (2)
511 Hydrocarbons and their halogenated, sulphonated, nitrated or nitrosated derivatives.
512 Alcohols, phenols, phenol alcohols, and their halogenated, sulphonated, nitrated or nitrosated derivatives
513 Carboxylic acids and their anhydrides, halides, peroxides and peroxyacides; their halogenated, sulphonated, nitrated or nitrosated derivatives
514 Nitrogen-function compounds
515 Oregano inorganic compounds, heteroeyclic compounds, nucleic acids and their salts, and sulphonamides
516 Other organic chemicals
522 Inorganic chemical elements, oxides and halogen salts
523 Metal salts and peroxysalts, of inorganic acids
524 Other inorganic chemicals; organic and inorganic compounds, of precious metals
525 Radioactive and associated materials
531 Synthetic organic coloring matter and colour lakes, and preparations based thereon
532 Dyeing and tanning extracts, and synthetic tanning materials
533 Pigments, paints, varnishes and related materials.
541 Medicinal and pharmaceutical products, other than medicaments of Group 542
542 Medicaments (including veterinary medicaments)
551 Essential oils, perfume and flavor materials
553 Perfumery, cosmetic or toilet preparations (excluding soaps)
554 Soap, cleansing and polishing preparations
562 Fertilizers (other than those of Group 272)
571 Polymers of ethylene, in primary forms
572 Polymers of styrene, in primary forms
573 Polymers of vinyl chloride or of other halogenated olefins in primary forms
574 Polyacetals, other polyethers and epoxide resins, in primary form; Polycarbonates, alkyd resins, polyesters and other polyesters
575 Other plastic, in primary forms
579 Waste, parings and scrap, of plastics
581 Tubes, pipes and hoses, and fittings therefore, of plastics
582 Plates, sheets, film foil and strip, of plastics
583 Monofilament of which any cross sectional dimension exceeds I mm, rods, sticks and profile shapes, whether or not surface worked but not other wise worked, of plastics
591 Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (e.g. sulphurtreated banks, wicks and candles, and fly papers)
592 Starches, inulin and wheat gluten; albuminoidal substances; glues
593 Explosives and pyrotechnic products
597 Prepared additives for mineral oils and the like; Prepared liquids for hydraulic transmission; Anti-freezing preparations and prepared de icing fluids; Lubricating preparations
598 Miscellaneous chemical products
599 Others
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