India’s Legal Tools Prevent WMD Proliferation

Pakistan’s attempts at WMD proliferation including dual use equipment continues unabated. Early this year, in January, Indian authorities inspected container ship CMA CGM Attila at Nhava Sheva port bound for Karachi, Pakistan from China, amid suspicion that it was carrying Computer Numerical Control (CNC), a high precision and efficiency machine, which is directly associated with its nuclear weapons programme. This was confirmed by India’s Defence Research and Development Organisation (DRDO). Apparently, the CNC falls under the Wassenaar Arrangement which prohibits proliferation of dual use civilian or military applications.

However, Pakistan’s foreign office dismissed Indian claims and accused New Delhi of “unjustified seizure”, “violation of international norms” and “misrepresentation of facts”. The Pakistani authorities clarified that it was a “simple case of import of a commercial lathe machine by a Karachi-based commercial entity which supplies parts to the automobile industry in Pakistan,” Furthermore, “Specifications of the equipment clearly indicate its purely commercial use. The transaction was being conducted through transparent banking channels with all the relevant documentation,” i.e. the equipment was being dispatched by the Shanghai JXE Global Logistics Co and the receiver was Pakistan Wings in Sialkot. However, the documents and deeper investigation has revealed that the equipment belonged to the Taiyuan Mining Import & Export Co in China and the recipient was Cosmos Engineering, a defence supplier in Pakistan.

There have been at least two similar instances in the past involving Pakistan. In 2020, ‘autoclave’, an “industrial dryer” (dual-use technology), ostensibly for the development of rocket motors used in ballistic missiles, was discovered as part of the consignment onboard the Chinese ship 'Da Cui Yun' which docked in Kandla, Gujarat, and was heading to Port Qasim, Karachi. The DRDO had confirmed that it could be used for the “manufacture of very long-range ballistic missiles or satellite launch rockets”.

Similarly, in March 2022 thermoelectric instruments were seized clearly pointing the clandestine movement of dual use restricted items from China to Pakistan. These incidents also showcase the regularity of movement of dual use equipment from China to Pakistan.

It is not surprising that Pakistan has been in the crosshair of US sanctions, and the State Department did not hesitate to target Belarus and China who have supported Pakistan in the development of weapons of mass destruction (WMDs) including delivery systems for WMDs. More specifically, the Minsk Wheel Tractor Plant in Belarus has supplied special vehicle chassis used in the ballistic missile program. Likewise, two Chinese companies, Xi’an Longde Technology Development Company Limited and Tianjin Creative Source International Trade Co Ltd have supplied to Pakistan equipment associated with missile development programme. A US Department of State announcement notes that the above entities have “supplied missile-applicable items to Pakistan's ballistic missile program, including its long-range missile program,”

Furthermore, the US has warned Pakistan that it is “going to continue to disrupt and take actions against proliferation networks and concerning weapons of mass destruction procurement activities wherever they may occur” and “anyone considering business deals with Iran to be aware of the potential risk of sanctions.” The warning comes immediately after Iran and Pakistan signed 8 business agreements during President Raisi's three-day visit to Pakistan in April 2024.

India has committed itself as a responsible nuclear nation, and it strictly adheres to both international and national regulatory mechanisms to prevent proliferation of WMDs. It is signatory to several international agreements and treaties that prohibit proliferation of WMDs. For instance India is a signatory to the major multilateral export control regimes, namely, the Missile Technology Control Regime (MTCR), the Wassenaar Arrangement (WA), and the Australia Group (AG). It is adheres to the Nuclear Supply Group (NSG) guidelines. Besides, India abides by the requite guidelines with regard to international non-proliferation conventions such as the Chemical Weapons Convention (CWC) and Biological and Toxic Weapons Convention and are strictly adhered to.

The Government of India Foreign Trade Policy has nomenclatured dual-use items as Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET). These items can be potentially used for both civilian and military purpose and in this case the weapons of mass destruction. Therefore the SCOMET control list aligns with the multilateral export control regimes and conventions.

Early this year, the Director General of Foreign Trade (DGFT) issued the Handbook on India’s Strategic Trade Control System. The SCOMET applies to the whole of India including its Exclusive Economic Zone; and any ship, aircraft or other means of transport registered in India or outside India is subject to the SCOMET regulations. Furthermore, it is applicable to citizens/companies of India even if they live/operate outside of the country, through their associates, branches or subsidiaries.

Above all, India strictly follows to the UNSC sanctions on non-proliferation as well as the UNSC arms embargo through the United Nations (Security Council) Act of 1947, WMD Act and other relevant Government of India Acts.

Dr. Vijay Sakhuja is associated with Kalinga International Foundation, New Delhi, and is Professor and Head, Center of Excellence for Geopolitics and International Studies (CEGIS), REVA University, Bengaluru.

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