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The “Glenn Amendment” refers to an amendment to the Arms Export Control Act (Section 102). Under the Glenn Amendment, if the President determines that a non-nuclear weapon state [as defined by the Nuclear Non-Proliferation Treaty (NPT)] detonates a nuclear explosive device, certain sanctions apply. The sanctions impose broad-ranging restrictions on various types of assistance, loans, and trade. The DOD Appropriations Act of 2000, signed into law on October 25, 1999, provides authority for the President to waive Glenn Amendment sanctions.
Glenn Amendment - India
Glenn Amendment sanctions were applied to India in the wake of its 1998 nuclear test. Certain sanctions were waived in October 1999. These included sanctions on some environmental programs as well as other activities. However, sanctions remain on programs which are affected by the following:
- Prohibition of Foreign Assistance Act (FAA)-funded activities, U.S. government credit, credit guarantees or “other financial assistance” by departments, agencies, or instrumentalities of the U.S. government where no exemption (e.g., for humanitarian assistance or food or other agricultural commodities), “notwithstanding” authority, or existing waiver applies.
- Prohibition of Foreign Military Sales (FMS), Foreign Military Financing (FMF). Prohibition of licenses for export of items on the U.S. Munitions List (USML), certain dual-use exports , and for certain end-users.
- The Glenn Amendment sanctions state that the United States must oppose (vote no or abstain) any IFI loan or financial or technical assistance that does not directly support basic human needs (BHN).
Glenn Amendment and Related Nuclear Provisions - Pakistan
- At the time of its nuclear tests in May 1998, several restrictions on assistance to Pakistan were already in place in connection with the Pressler Amendment (triggered by Pakistan’s possession of a nuclear explosive device) and the Symington Amendment (triggered by Pakistan’s receipt of uranium enrichment equipment). The May 1998 nuclear tests subjected Pakistan to a broader range of economic andmilitary sanctions under the Glenn Amendment. Since most assistance had already been terminated, the Glenn sanctions had limited additional consequences for bilateral assistance to Pakistan. However, they placed new restrictions on U.S. credit and credit guarantees, including by EXIM and OPIC; all Foreign Military Sales; licenses for commercial exports of munitions and certain dual-use items; and commercial bank lending to the government of Pakistan, except for loans or credits for purchasing food or other agricultural commodities. The most significant new restriction for Pakistan under Glenn was a congressional directive that the U.S. shall not support non-Basic Human Needs lending by international financial institutions. In December 1998, the President authorized U.S. representatives to allow for approval of a particular IMF package, but that authorization has since lapsed and has not been renewed.
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