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Targeted financial sanctions: SECDIV delegated powers to notify UNSC resolutions

ISLAMABAD: The Federal Government has delegated powers to Strategic Export Control Division (SECDIV) to notify United Nations Security Council’s (UNSC’s) resolutions on targeted financial sanctions aimed at meeting a condition of Financial Action Task Force (FATF), well-informed sources told Business Recorder.

According to the Ministry of Foreign Affairs, in pursuance of Pakistan’s commitment to non-proliferation of Weapons of Mass Destruction (WMDs) and the binding UN Security Council Resolution 1540, export control on goods, technologies, material and equipment related to nuclear and biological weapons and their delivery systems Act, 2004 was promulgated in 2004 and the Strategic Export Control Division (SECDIV) was set up in 2007 in the Ministry of Foreign Affairs as the implementing authority under SRO 449(l)/2009).

The sources said, for implementation of the Act and UNSC resolutions on Targeted Financial Sanctions (TFS) for Proliferation Financing (PF), immediate notification through SROs was important as stipulated in recommendation-7 of the Financial Action Task Force (FATF).

At a recent high-level meeting presided over by Prime Minister Imran Khan, it was argued that the delegation of powers to Strategic Export Control Division would provide for the issuance of SROs “without delay” and also assist in meeting the objectives of the Act.

After explaining the background and the current scenario of the proposal, approval was solicited for delegation of powers to Strategic Export Control Division to administer all activities under the Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004 with effect from March 1, 2021. 4.

During a discussion, a member inquired that since the Strategic Export Control Division (SECDIV) is already part of MoFA, why it needed the delegation of powers from the Federal Government. The Secretary, Foreign Affairs clarified that being a recommendation of FATF it would enable the SECDIV to notify the UNSC resolutions on targeted financial sanctions for proliferation financing without waiting for the approval of the Cabinet. An issue was raised as to whether the Federal Government can delegate its powers in light of the Mustafa Impex case. It was pointed out that the Federal Government can do so where the law expressly provides for it.

After detailed deliberations, the meeting accorded approval to delegate to Strategic Export Control Division to notify United Nations Security Council’s (UNSC’s) resolutions on targeted financial sanctions.

Copyright Business Recorder, 2021

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