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The proposed legislation will waive all restrictions on military
assistance and weapons sales placed by Pakistan and India. Lifting
the ban on weaponry transfer will not only inflame long-standing
tensions between these two nuclear-capable nations, it would
lead to indiscriminate arms exports to all countries.
Action:
Please contact your Members of Congress and ask them to oppose
any language that would authorize the President to provide military
foreign assistance to other countries without restrictions.
You will find their contact information at www.senate.gov or
www.house.gov. You may also reach them by phone by calling the
Capitol Switchboard at 202-224-3121.
Background:
In response to the events of September 11th, President Bush
called upon our international allies to support our anti-terrorism
effort. In return for their support, these countries would be
eligible for U.S. economic, humanitarian and military assistance,
as well as normalizing trade relations. Following September
11th, the Bush Administration asked Congress for authority to
waive all current laws restricting U.S. foreign military assistance
and arms exports. This blanket waiver approach is particular
important because it allows the President to resume military
relations with countries that have multiple restrictions.
The proposed blanket waiver approach has been opposed because
it would lead to indiscriminate arms trade to abusive governments
or individuals. Since then, the President has withdrawn this
broad request, proposing instead to lift all limitations on
weapons transfers and military aid to India and Pakistan. S
1465 is the bill that authorizes the President to provide assistance
to Pakistan and India through September 30, 2003. Introduced
by Sen. Brownback (R-KS) on September 25th , it passed the Senate
Committee on Foreign Relations on October 4th. S1465 would authorize
the following:
Waive Restrictions on Military Coups: This bill waives, for
FY2002, the restriction in law against assistance to countries
where a democratic government has been overthrown by military
coup. Currently, Section 508 of the Foreign Operations Act for
FY 2001 prohibits the export of U.S. weapons and military assistance
to countries whose duly elected head of government is deposed.
Reversing this policy without concessions for the re-establishment
of democracy would validate undemocratic regimes.
Congressional Oversight: Under current law, the President is
authorized to waive the sanction imposed last fall against the
Pakistani Ministry of Defense for violation of the Missile Technology
Control Regime, if it is essential to the national security.
However, the President is required to notify Congress 45 working
days before doing so. S 1465 would allow the President to exercise
the waiver expeditiously without the congressional oversight.
Waiver on Official Debt to the U.S.: S 1465 would waive provisions
of law that restrict assistance to nations in arrears on their
payments of official debt to the United States.
Indiscriminate Military Assistance: S 1465 would extend military
assistance to any country assisting us in the campaign against
terrorism for the next two years.
Legislative Outcome:
S 1465 has already passed the Senate Committee on Foreign Relations
as freestanding legislation. However, the Appropriations Committee
will incorporate it into the foreign operation appropriation
bill when that is considered in the Senate. Two scenarios are
likely to happen:
- The House will introduce a similar version of the legislation.
This legislation can be passed as a freestanding bill. Afterward,
legislation from the House and Senate will go into conference;
or
- The Senate Appropriations Committee will accept S1465 into
the foreign operations appropriation bill. Since the House
had already pass its Foreign Operation of FY2002 (HR 2506),
two bills will be discussed in conference.
Under current law (Section 614 of the Foreign Assistance Act),
the President already exercised his right to provide U.S. weapons
and military assistance when U.S. national security interests
are at stake. Congress should not waive restrictions on U.S.
arms exports to India and Pakistan, unless the President certifies
that assistance provided under Section 614 is insufficient.
Additionally, economic and humanitarian assistance are much
more critical and appropriate than military equipment. In the
United Nations' Human Development Index, which measures a country's
social and economic needs, India is listed at #115, and Pakistan
at #127. Furthermore, restrictions on U.S. arms exports were
carefully crafted over 40 years, and should not be discarded
in light of this most recent crisis.
In your phone calls, please emphasize the importance of the
restrictions on U.S. arms exports, and urge them to oppose any
language that would waive the restrictions.
General Assembly:
The 208th General Assembly (1996) of the Presbyterian Church
of (U.S.A.) called upon the United States to:
- Adopt and adhere to a Code of Conduct to govern arms sales
and transfers;
- End any promotion of U.S. arms sales by it agencies an departments,
and the subsidization of U.S. weapons sales to foreign governments;
and
- Provide strong support for human rights through its international
economic policies, especially foreign assistance and trade
policies, and to exercise strong leadership in the United
Nations and other international arenas for the strengthening
of respect for human rights by governments, corporations,
and other agencies of development.
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