ISLAMABAD: A five member bench of the Supreme Court has decided to refer the six options relating to the NRO implementation case to the Chief Justice for constitution of a larger bench for hearing of these options.
Announcing the verdict on NRO implementation case‚ the bench headed by Justice Asif Saeed Khosa said the six options are being handed over to the Attorney General.
01: To initiate the contempt of court proceedings against the Chief Executive and the Secretary Law for not implementing the NRO verdict.
02: To declare the chief executive ineligible from the membership of the Parliament.
03: The court may form a commission to get the verdict implemented.
04: The people themselves decide on the issue and the court exhibit patience.
05: Contempt proceedings against Chairman Nab may be initiated.
06: The action may be taken against President for violating the Constitution.
The Supreme Court said in its order in NRO implementation case that the government has failed to implement the verdict.’The government is not taking interest to observe the order for the last two years. We knew that the actions we are about to take they may be unpleasant.’
‘The court has taken oath to defend the Constitution. The prime minister respected the party over the Constitution.’
‘The president in an interview to Geo News said his government would not implement one part of NRO verdict.’
As per Article 189 and 190 all institutions are bound to help the apex court, the order said.
‘Prima Facie the prime minister is not an honest man and violated his oath.’
The court recommended the case to the chief justice to form a larger bench to hear the case on January 16.
A Five-member bench of Supreme Court (SC) headed by Justice Asif Saeed Khosa resumed the hearing of the case pertaining to the implementation of National Reconciliation Ordinance (NRO) verdict today.
PPP and Zardari especially have shown their incapability to run their country and hide their corruption.
In order to overshadow their weaknesses they are trying to go in a clash with institutions and other forces especially judiciary so that they can come out as victims.
The recent notification of President Zardari is also an attempt in this direction.
Supreme Court has rightly suspended the unconstitutional notification of Zardari to appoint the judges against the advice of Chief Justice.
In cases where president or governor or anyone requires consultancy means they need to consult the office whose consent is required for must. And the office being consulted needs to agree with the position otherwise the decision will not be implemented.
However in case of an advice given by the office whose consultancy is required for must, the advice needs to be implemented. It not only happens in SC CJ but also for PM advice to President, CM advice to governor and Provincial HC advice to government.
The office which needs consultancy (here presidency) cannot take the decision on their own on the matters where consultancy is required.
SC also has the duty (not only right) to interpret the wordings of the constitution. This
is not only in case of Pakistan but in most part of the world including so-called mother of
In this case which comes under article 177 the situation is same. Article says:
“177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day). “
The role of president here again is of just giving Presidential approval.
This is adapted from British system where in issues like these “Royal Assent” is required and even if it is not given due to some reason it is assumed that it is given after some given period but in this case formal approval is required.
According to the interpretation in Judges Case or Al-Jihad Case,in the appointment of the Supreme Court Chief Justice seniority principle will prevail and senior most will be made the Chief Justice (This was done to ensure judicial independence from executive discretion).
The issue currently is of new appointments in Supreme Court as Justice where the
consultation is binding on the president not the seniority principle.
Similarly in appointments of the High Court judges the consultation from CJ is binding on the president according to article 193.
SC once again proved their independence and their will to strengthen the judiciary by stopping the PLUTOCRATS to damage the federation for their evil goals.
Delaying the appointments of judiciary in High Courts is also an attempt by government to not only undermine judiciary but also to frustrate the common man from judiciary.
Another motive is to start a seniority issue between judges to break their strength but this also has failed.
For once we need to go for across the board accountability without becoming a prey of illusions created by the players of National Security Card, Democracy Card, Shaheed Card, Ethnic Card, Sectarian or any other Card.
Anyone who wants strong Pakistan instead of few faces ruling the country cannot afford a weak judiciary.
Also, the commitment for free judiciary shown by Justice Saqib Nisar and Justice Khwaja Shareef is appreciable.
Musharraf was denied immunity in CJP restoration case
By Ansar Abbasi
ISLAMABAD: The critical issue whether the president enjoys immunity under Article 248 of the Constitution was categorically and specifically decided by the Supreme Court and it was denied to former president Pervez Musharraf in the case of restoration of the then-deposed chief justice Iftikhar Mohammad Chaudhry.
While the short order in the case given on July 20, 2007, by a 13-member bench, headed by Justice Khalilur Rehman Ramday, restored the chief justice, in its detailed judgment of the same case, given just 35 days ago, no room for any ambiguity has been left.
The detailed judgment, which did not receive much legal or media attention, addressed the issue, which Prime Minister Yousuf Raza Gilani has now referred back to the Supreme Court in his speeches in the National Assembly, and gave reasons and past references to deny immunity to a sitting president, even in criminal cases as provided for in Article 248 of the Constitution.
The detailed judgment issued on Dec 24 clearly states: “…allegations of mala fide had been levelled against the person of the president by no less a person than the chief justice, no exception could be taken to implead the president as a respondent…”
Responding to objections raised in 2007 by the then-government (of Gen Musharraf), over impleading the then-president, the detailed judgment also refers to several previous judgments on this specific issue of Article 248 and cites examples where such immunities were not accepted.
The Ramday judgment refers to mala fide actions of Gen Musharraf and ruled in Para 107: “As would appear from the averments made in this petition, some of which have even been noticed in the earlier part of this judgment, the mainstay of the case of the petitioner, the chief justice of Pakistan, is that the entire exercise in question had been commenced for collateral purposes and suffered from mala fides which was sought to be established, inter alia, through the chief justice of Pakistan being summoned by the president to the Army House/President’s Camp Office; detention of the chief justice at the said office for about five hours; attempts made to secure the resignation of the chief justice under duress and through coercion; the alleged illegal detention of the wife and the children of the chief justice in their house and the alleged unconstitutional removal of the chief justice from his office and appointment of acting chief justice of Pakistan. Since such serious allegations of mala fide had been levelled against the person of the president by no less a person than the chief justice of Pakistan, no exception could be taken to implead the president as a respondent in this petition, which was in fact imperative in view of the above-mentioned precedent cases.”
Interestingly, this judgment says the president can be impleaded for his actions of illegal detention of the chief justice, his wife and children, etc. All these actions are of criminal nature, which a sitting president ordered, but the Supreme Court did not give him immunity under Article 248(2), which says no criminal proceedings can be initiated or continued against a sitting president. The Constitution does not give immunity to president or any other public office holder in civil matters.
Referring to the objection raised that Gen Pervez Musharraf, the president of Pakistan, had been impleaded in the said petition as one of the respondents, which was seen by the then government as against the provisions of Article 248(1) of the Constitution, the judgment reproduced the said Article, which reads as: “The president, a governor, the prime minister, a federal minister, a minister of state, the chief minister and a provincial minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions: Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a province.”
Many past judgments were also quoted by the Ramday judgment of Dec 24, 2009. It said that such an immunity clause had been examined by the Privy Council in HB Gills case (AIR 1948 Privy Council 148) and the reaction of the Privy Council to such-like protective provisions was as under: “Their Lordships, while admitting the cogency of the argument that in the circumstances prevailing in India a large measure of protection from harassing proceedings may be necessary for public officials cannot accede to the view that the relevant words have the scope that has in some cases been given to them. A public servant can only be said to act or to purport to act in the discharge of his official duty, if his act is such as to lie within the scope of his official duty. Thus, a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act: nor does a government medical officer acts or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. The test may well be whether the public servant, if challenged, can reasonably claim that, what he does, he does in virtue of his office.”
The judgment added: “In our jurisdiction the pleaded Article 248 came up for interpretation in Chaudhry Zahur Elahi’s case (PLD 1975 SC 383). The scope and the operational area of the said provision was so stated by this court: “…the immunity provisions must, in accordance with the accepted principles of interpretation, be construed strictly and unless persons claiming the immunity come strictly within the terms of the provisions granting the immunity, the immunity cannot be extended. The immunity is in the nature of an exception to the general rule that no one is above the law.”
The matter was further explained in these words: “Hence, since neither the Constitution nor any law can possibly authorise him to commit a criminal act or do anything which is contrary to law, the immunity cannot extend to illegal or un-constitutional acts.”
This court, the judgment said, when confronted again with the protection provisions of Article 248 in Amanullah Khan’s Case (PLD 1990 SC 1092) reiterated that the said provisions were required to be strictly construed and added in para 56 that: “If mala fide of fact was pleaded by a party then it had to decide for itself whether on the material with it, the minister has to be impleaded in spite of the protecting provisions of the Constitution; because if his act does not fall within the purview of the provision so interpreted, then he can be impleaded as a party and all objections to such impleadment dealt with in the proceedings. In the absence of the party, no finding with regard to mala fide of fact (as distinguished from mala fide of law) can be recorded, should be recorded and should have been recorded. Recourse to the principles of natural justice to overcome the prohibition contained in Article 248 of the Constitution is not permissible.”
“It was further declared: “Protection under Article 248 of the Constitution is not available to the designated functionaries if their actions suffer from mala fide of fact where the allegation against the protected functionaries is one of mala fide of fact, they have to be personally impleaded as a party to the proceedings;”
“The views of Nasim Hassan Shah J in the same case are also enlightening for the resolution of the issue in question. His views were: “Now the immunity to a minister extends only to the exercise of powers and performance of functions of his office or for any act done or purported to be done in the exercise of those powers and performance of those functions. A minister can be said to be acting in exercise of the powers and functions of his office, if his acts are such which not only lie within the scope of the powers and functions conferred on him by law but are performed bona fide and for carrying into effect the intention and purposes of the statute under which, he is acting. If on the other hand his acts are performed with mala fide intent or for a colourable purpose, such acts will not be deemed to have been performed in the lawful exercise of the powers and functions vested in him and will not, therefore, be covered by the immunity. Accordingly, where it transpires that a minister has acted illegally and abused his discretion and the illegality committed was not in the bona fide exercise of his powers and functions but on account of mala fides the immunity contained in Article 248(1) would not extend to protect such an act.”
Similar views were expressed by this court in Nawabzada Muhammad Umar Khan’s Case (1992 SCMR 2450) which were as under: “Secondly, where allegations of mala fide of fact are involved or alleged, it is necessary that the parties against whom such mala fide of fact is alleged must be impleaded as a party so that it has occasion to meet the allegation. This is notwithstanding the constitutional protection enjoyed by such functionaries under Article 248 of the Constitution vide Amanullah Khan and others Vs the Federal Government of Pakistan through secretary, Ministry of Finance, Islamabad, and others (PLD 1990 SC 1092).”
While there are such specific rulings and judgments given by the Supreme Court itself, the latest being on December 24, 2009, a new case filed by Khalid Khwaja is again before the Supreme Court to give another judgment on the subject.
The prime minister has promised in Parliament that he would act if the SC clarified the ambiguity, although after reading the Dec 24, 2009, judgment of Justice Ramday, there is no ambiguity left, an expert said, lamenting that perhaps no one in the government had bothered to go through this detailed judgment that has squarely discussed the issue of President’s immunity.
Totalitarian government of Egypt which is basically a puppet regime of western imperialist powers first supported Israeli attack on Gaza by doing blockade of Gaza now it has attacked the peace activists from various countries who were demanding freedom and justice for
Gaza in a real peaceful manner.
Shame on you Husni Mubarak!
In a country where people are not able to find sugar and other daily usage items and where electricity has become a real luxury , the elite political , military ,corrupt business and bureaucratic classes consider themselves above every law of the land and don’t think of themselves answerable to any system of justice.
Below is the list of NRO beneficiaries which include list of accused criminals who got their selves cleaned with this draconian law introduced by the dictator Musharraf.
Finally, dreaded NRO list is out and official
By Ansar Abbasi
Source : http://www.thenews.com.pk/top_story_detail.asp?Id=25672
ISLAMABAD: The National Accountability Bureau (NAB) presented to the government on Thursday a list of 248 politicians and bureaucrats, who were alleged to have plundered hundreds of billions of rupees but were cleared by the NAB under the NRO.
Sources in the Law Ministry while sharing with The News the “complete list” of NAB’s NRO beneficiaries, explained that thousands other cases of NRO beneficiaries did not belong to the NAB but with the provincial governments because they were criminal cases and were not covered by the NAB law.
On top of the list is the name of President Asif Ali Zardari while his several close associates, both political and bureaucratic, including Rehman Malik, Salman Farooqi and his brother Usman Farooqi, Hussain Haqqani and Siraj Shamsuddin are also reflected.
The list, which also reflects a brief introduction of the cases dropped against each name under the NRO, also includes the name of serving and former ministers, federal and provincial secretaries, ex-chief secretaries, existing or former members of the national and provincial assemblies and others.
According to the list, Asif Ali Zardari remained the beneficiary No 1 of the NRO as at least eight of his NAB cases of corruption and misuse of authorities were dropped. These cases included the alleged kickbacks from SGS PSI Company, grant of licence to ARY Gold causing huge loss to government, corruption in purchase of Ursus tractors under the Awami Tractor Scheme, illegal award of contract to Cotecna for pre-shipment, assets beyond means, received kickbacks from Sajjad Ahmad (late) ex-chairman Pakistan Steel Mills, illegal construction of Polo ground at PM House and the money laundering SGS Swiss case.
Others amongst politicians include Nawaz Yousaf Talpur, ex-MNA and former minister, who was co-accused in URSUS tractors case; Ms Nusrat Bhutto, assets case; ex-MNA and the PPP Secretary General Jehangir Badr, assets case and corruption in Sui Southern Gas Company; ex-minister for commerce and presently Defence Minister Ahmad Mukhtar, misuse of authority in issuing sugar export permit to non-entitled persons in 1994; ex-MNA Malik Mushtaq Ahmed Awan, embezzlement in Octroi contracts; ex-MNA Rana Nazir Ahmed, assets case and misuse of authority; ex-MPA Mian M Rashid, assets case and illegal appointments; ex-MPA Tariq Anees, assets beyond means; ex-MPA Mian Tariq Mehmood Dina, assets beyond means; ex-minister of education Sindh Agha Sirajuddin and others, misuse of authority; ex-chief minister and former interior minister Aftab Ahmed Sherpao, misuse of authority, illegal allotment of plots and assets case; ex-provincial minister Ghani-ur-Rehman, assets beyond means; ex-senator Haji Gulsher, misuse of authority and acquisition of land; ex-provincial minister Habibullah Khan Kundi, misuse of authority and acquisition of land; ex-MNA Mir Baz Muhammad Khan Khethran, misappropriation of government funds allocated for people’s works programme; ex-federal minister Anwar Saifullah Khan, misuse of authority in allocation of LPG and illegal appointments; ex-provincial minister Sardar Mansoor Laghari, corruption in Utility Stores Corporation; ex-Mayor Sargodha Ch Abdul Hameed, assets beyond means; ex-chairman Zila Council Lahore Ch Shoukat Ali, ex-MNA Haji Kabir and ex-chairman Zila Council Lahore Ch Zulfikar Ali in Zila Council fraud case.
Amongst government servants and others, who had benefited from NRO and got themselves cleared from NAB cases include ex-additional director general FIA and presently Interior Minister Rehman Malik, embezzlement of funds on account of un-authorized released of imported yellow cab cars, illegal detention of complainant and illegal gratification; ex-secretary information and presently Pakistan’s ambassador in the US Husain Haqqani, co-accused in Ms BB case of TV channels; ex-federal secretary and presently principal secretary to the president Suleman Farooqi, illegal allotment of textile quota, forgery and fraud, obtained illegal benefits in connivance with exporters; ex-chairman Pakistan Steels Mill, caused loss to Pak Steels through illegal disposal of 15.93 MT of end cuts, procurement of Ferro Silicon at higher rates; ex-joint secretary PM Secretariat, former principal secretary to the PM Gilani and presently Executive Director ADB Siraj Shamsuddin, illegal appointment; ex-NBP president and presently Pakistan’s ambassador M B Abbasi, corruption and corrupt practices and loan default; ex-secretary Sindh Rasool Baksh Rahoo, KPT land cases; Mashook Ahmed Usmani, Aurangzeb, Moin ul Arfeen, Akhtar H Askari and Kher M Kalochi of Pakistan Steels Mills (PSM) in the case of purchases on exorbitant prices for PSM; ex-DG textile quota Nayyar Bari and ex-DD Export Promotion Board Anees Alam, illegal allotment of textile quota, forgery/fraud, obtained illegal benefits in connivance with exporters; ex- secretary commerce Brig (R) Aslam Hayat Qureshi, co-accused in ARY Gold case; ex-advisor to Prime Minister A R Siddiqi, co-accused in AAZ and BB cases; ex-principal secretary to the PM Saeed Mehdi, co-accused in polo ground case; ex-principal secretary to the PM Ahmed Sadiq, assets beyond means; ex-chief secretary Punjab Javed Qureshi, fraud in Zila Council Lahore contracts; ex president HBL, willful default, ex DG Intelligence Bureau Brig Imtiaz, assets beyond means; ex-MD Printing Corporation of Pakistan Pir Mukarram, corruption and corrupt practices; ex-DG Textile Quota Akhtar Alam in textile quota case; ex-secretary Petroleum Capt (R) Naseer Ahmad, misuse of authority in awarding contracts for OGDC; ex-Director Textile Quota Syed Arfeen, textile quota case; customs officials Khalid Aziz, Muhammad Nawaz Butt and Mumtaz Ali Changezi in illegal evasion of tax duties case and wrong refund of customs rebate case; Pak Steel employees Syed Iqtedar Rasool, Qaiser Raza, Irfanuddin, Hisamuddin and Qurban Ali Jatoi in import of PIG iron for PSM case; General Manager Port Qasim Authority Abdul Sattar Dero, corruption in PSM; businessman/transporter Pir Deedar Hussain Shah, yellow cab scam; ex-FIA Assistant Director Sajjad Haider, ex-Inspector Muhammad Sharif Qureshi and inspector Moeen Ashraf, all three co-accused of Rehman Malik in embezzlement of funds on account of unauthorized release of imported yellow cab cars case; Assistant Director FIA Agha Ishrat Ali, assets beyond means; ex-Deputy Director FIA Ch Muhammad Sharif, assets beyond means; ex-Additional Commissioner Income Tax Javed Iqbal Mirza, assets beyond means; ex Managing Director Karachi Water and Sewerage Board Aftab Ahmed, misuse of authority in awarding contracts; Project Director Karachi Water and Sewerage Board Fareed Ahmed, misuse of authority in awarding contracts; ex-Regional Commissioner of Income Tax Sindh Abrar Ahmed, assets beyond known resources.
The names of other beneficiaries are Collector Customs Imtaiz Ali Taj; ex-Secretary Javed Burki, DG Port Qasim Authority Irshad Ahmed Sheikh; AD FIA Noor Muhammad Kaka; Maj (R) Rashid Khan; Additional Director FIA Ali Qaswar Bokhari; ex-DG Peshawar Development Authority Syed Zahir Shah; Suptd Customs Check Post Mand Muhammad Younas Butt; Customs officials Sherdad Khan, Sajad Hussain, Muhammad Sarwar and Abdul Hameed Siddiqi; Senior Store Manager Muhammad Iqbal; District Engineer Water Supply Quetta Zamarak Khan; Revenue Officer Pashin Rehman Ali; Assistant Revenue Office Pashin Hafiz Matiullah; Superintendent Revenue Officer Pishin Muhammad Iqbal; Junior Auditor Ibrar Hussain; ex-SP Railways Inamur Rehman Sehri; ex-DC CDA Ch Muhammad Aslam; ex-Secretary CDA Abdul Ghafoor Dogar; ex-AD CDA Mushtaq Ahmed Baloch; ex-Sub Engineer CDA Muhammad Ismail; ex-DC CDA Ahmed Khan; ex-Account Officer Attaullah Khan; ex Patwari Muhammad Farooq; ex-Patwari CDA Muzamil Hussain; Clerk CDA Dawood Khan; ex-Deputy Director Planning CDA Muhammad Iqbal; ex-DC CDA Muhammad Amin; ex-DC CDA Shoukat Ali; Supervisor PTCL Sheikh Liaqat Ali; Assistant Manager GHQ Habibullah Tasnim; Assistant Store Keeper Muhammad Saeed; ex-DG Services CDA Mohiuddin Jameeli; ex DD CDA Muhammad Ashfaq; ex-Asstt Estate Manager CDA Din Muhammad; EGDC official Raheel J Qureshi; GPO Rawalpindi officials Muhammad Farooq, Salim Raza, Muhammad Anwar, Muhammad Akhtar and Arshad Mehmood; ex-Tehsildar Raja Zahid Hussain; Dy DG Military Land and Cantonment Department Abdul Naeem Khan; ex-SSD MEO Rwp Sh Muhammad Amin; Assistant Director Military Land and Cantonment Abdul Hayee Qamar; ex-DG Military Land and Cantonment Qazi Naeem Ahmed; Abdul Ghafoor Khan, Muhammad Ali; ex-Chairman SLI Zaheer; ex-DG NHA Iqbal Ahmad; ex-Chief Engineer CAA Raees M Irshad; CAA officials Ghulam Qadir Lakhan, Shafique Siddiqi, Ahmed Hussain, Iqbal Bangash, Khurshid Anwar, M Akbar, A D Abbasi, Kh Farooq Ahmad and Rafique Shad; OGDC officials Jaffar Mohammad, Khalid Subhani, Capt (R) Nazir Ahmed; Najmul Hassan, M Ishaq, Muzaffar Hussain, Shahid Ahmed, Qamar Hussain Shah, M Israel Khan and Bashir Ahmad Bhatti; PWD officials Mureed Ahmed Baloch, Sadaqat Ali, Khalid Mehmood Nasir, Akram Rao, Rashid Mujib Siddiqi, Aslam Shahid, Zahid ullah Khan and Shabbair Husain; Wapda officials Anwar Hussain, Wapda Line Superintendents Saifullah, Muhammad Arshad, Syed Ehsan Ali Shah, Mirza Saeed Ahmed, Akbar Ali and Allah Wasaya; Nadra officials Hakim Din, Sardari Ali and Nadir Khan; Zakim Khan Masood, Sadiq Ali Khan, Sardar Mansoor Leghari, Din Muhammad, Sikandar Ali Abbasi, Ahmad Yar Gondal, Amin Jan, Sharif Alam Padri, Usman Ghani Khatri, Adnan Khawaja, Nadeem Imtiaz; ex-official Abdul Hakeem, proprietor M/s Techno Int Pir Bux Solangi; private person Abdul Sattar Mandokhel; official S M Attaur Rehman; Sahib Dad Mengal; Hamza Khan Gabol; Riaz ul Hassan Rizvi; Shamsuddin, Ayaz Ahmed, Mukhtiar Ahmad, Muhammad Ali, Abdul Aziz, Rasheed Muhammad Qureshi, Mumtaz Ahmed Bhutto, Maqsood Ahmed, ex-UDC MEO Sialkot Naeem uddin, ex Asst Audit Officer Muhammad Hanif Rahi; ex-cameraman Abu Zar Jaffari; Auditor General officials Muneeruddin Ch, Abdul Razaak Bhatti, Mehr Sajjad Ahmed, Mirza Sajjad Ahmed, Mirza Muhammad Ayub, Muhammad Iqbal Shah, Mukhtar Ahmed, Malik Shahmat Ali, Mian Abdul Rehman, Muhammad Shafique, Syed Javed Hassan, Syed Muzaffar H Shah, Muhammad Sarwar Safi, Muhammad Shabbir and Tariq Mehmood; Food Department officials Ch Nazir Ahmed, Safiullah Awan and Muhammad Usman; Wapda’s Liaqat Ali, Customs Ali Muhammad Sheikh; PTCL’s Munawar Hussain, Muhammad Ashfaq Naz and Muhammad Shahid; Lahore Wapda’s Shahid Iqbal Ghauri, Manzoor H Chohan, Muhammad Javed, Abdul Rehman, Iftikhar Ali and M Qasim; Amjad Hussain Sandhal, Syed Zahir Hussain, Ghulam Mustafa, M Hanif; Sadiq Muhammad, Sameer Amjad, Ch M Siddiqi, Rasheed Ahmed Patwari, Mirza Sher Muhammad; businessmen Seth Nisar Ahmed and Zahid Mehmood; official Murid Ahmed Baloch, Qazi Afzal Hussain, Shaukat Hussain Shah, Maqbool Ahmed, Noor Jamal, Sardar Muhammad Nasim, Mirza Sher Muhammad, Rashid Ahmed Patwari, Muhammad Usman, Arshad Mehmood, Muhammad Akhtar and Waheedur Rehman.
To authorize appropriations for fiscal years 2010 through 2014 to promote an enhanced strategic partnership with Pakistan and its people, and for other purposes.
Short title.—This Act may be cited as the “Enhanced Partnership with Pakistan Act of 2009”.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except as otherwise provided in this Act, the term “appropriate congressional committees” means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.
(2) COUNTERINSURGENCY.—The term “counterinsurgency” means efforts to defeat organized movements that seek to overthrow the duly constituted Governments of Pakistan and Afghanistan through violent means.
(3) COUNTERTERRORISM.—The term “counterterrorism” means efforts to combat al Qaeda and other foreign terrorist organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or other individuals and entities engaged in terrorist activity or support for such activity.
(4) FATA.—The term “FATA” means the Federally Administered Tribal Areas of Pakistan.
(5) FRONTIER CRIMES REGULATION.—The term “Frontier Crimes Regulation” means the Frontier Crimes Regulation, codified under British law in 1901, and applicable to the FATA.
(6) IMPACT EVALUATION RESEARCH.—The term “impact evaluation research” means the application of research methods and statistical analysis to measure the extent to which change in a population-based outcome can be attributed to program intervention instead of other environmental factors.
(7) MAJOR DEFENSE EQUIPMENT.—The term “major defense equipment” has the meaning given the term in section 47(6) of the Arms Export Control Act (22 U.S.C. 2794(6)).
(8) NWFP.—The term “NWFP” means the North West Frontier Province of Pakistan, which has Peshawar as its provincial capital.
(9) OPERATIONS RESEARCH.—The term “operations research” means the application of social science research methods, statistical analysis, and other appropriate scientific methods to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs through their development and implementation, with the objective of the rapid dissemination of conclusions and concrete impact on programming.
(10) SECURITY FORCES OF PAKISTAN.—The term “security forces of Pakistan” means the military and intelligence services of the Government of Pakistan, including the Armed Forces, Inter-Services Intelligence Directorate, Intelligence Bureau, police forces, levies, Frontier Corps, and Frontier Constabulary.
(i) grant assistance to carry out section 23 of the Arms Export Control Act (22 U.S.C. 2763); and
(ii) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et. seq); but
(i) assistance authorized to be appropriated or otherwise made available under any provision of law that is funded from accounts within budget function 050 (National Defense); and
(ii) amounts appropriated or otherwise available to the Pakistan Counterinsurgency Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 111–32).
Congress finds the following:
(1) The people of the Islamic Republic of Pakistan and the United States share a long history of friendship and comity, and the interests of both nations are well-served by strengthening and deepening this friendship.
(2) Since 2001, the United States has contributed more than $15,000,000,000 to Pakistan, of which more than $10,000,000,000 has been security-related assistance and direct payments.
(3) With the free and fair election of February 18, 2008, Pakistan returned to civilian rule, reversing years of political tension and mounting popular concern over military rule and Pakistan’s own democratic reform and political development.
(4) Pakistan is a major non-NATO ally of the United States and has been a valuable partner in the battle against al Qaeda and the Taliban, but much more remains to be accomplished by both nations.
(5) The struggle against al Qaeda, the Taliban, and affiliated terrorist groups has led to the deaths of several thousand Pakistani civilians and members of the security forces of Pakistan over the past seven years.
(6) Despite killing or capturing hundreds of al Qaeda operatives and other terrorists—including major al Qaeda leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj al-Libi—the FATA, parts of the NWFP, Quetta in Balochistan, and Muridke in Punjab remain a sanctuary for al Qaeda, the Afghan Taliban, the Terikh-e Taliban and affiliated groups from which these groups organize terrorist actions against Pakistan and other countries.
(7) The security forces of Pakistan have struggled to contain a Taliban-backed insurgency, recently taking direct action against those who threaten Pakistan’s security and stability, including military operations in the FATA and the NWFP.
(8) On March 27, 2009, President Obama noted, “Multiple intelligence estimates have warned that al Qaeda is actively planning attacks on the United States homeland from its safe-haven in Pakistan.”.
(9) According to a Government Accountability Office report (GAO–08–622), “since 2003, the [A]dministration’s national security strategies and Congress have recognized that a comprehensive plan that includes all elements of national power—diplomatic, military, intelligence, development assistance, economic, and law enforcement support—was needed to address the terrorist threat emanating from the FATA” and that such a strategy was also mandated by section 7102(b)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 22 U.S.C. 2656f note) and section 2042(b)(2) of the Implementing the Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 22 U.S.C. 2375 note).
(10) During 2008 and 2009, the people of Pakistan have been especially hard hit by rising food and commodity prices and severe energy shortages, with 2⁄3 of the population living on less than $2 a day and 1⁄5 of the population living below the poverty line according to the United Nations Development Program.
(11) Economic growth is a fundamental foundation for human security and national stability in Pakistan, a country with more than 175,000,000 people, an annual population growth rate of two percent, and a ranking of 136 out of 177 countries in the United Nations Human Development Index.
(12) The 2009 Pakistani military offensive in the NWFP and the FATA displaced millions of residents in one of the gravest humanitarian crises Pakistan has faced, and despite the heroic efforts of Pakistanis to respond to the needs of the displaced millions and facilitate the return of many, it has highlighted the need for Pakistan to develop an effective national counterinsurgency strategy.
Congress declares that the relationship between the United States and Pakistan should be based on the following principles:
(1) Pakistan is a critical friend and ally to the United States, both in times of strife and in times of peace, and the two countries share many common goals, including combating terrorism and violent radicalism, solidifying democracy and rule of law in Pakistan, and promoting the social and economic development of Pakistan.
(2) United States assistance to Pakistan is intended to supplement, not supplant, Pakistan’s own efforts in building a stable, secure, and prosperous Pakistan.
(3) The United States requires a balanced, integrated, countrywide strategy for Pakistan that provides assistance throughout the country and does not disproportionately focus on security-related assistance or one particular area or province.
(4) The United States supports Pakistan’s struggle against extremist elements and recognizes the profound sacrifice made by Pakistan in the fight against terrorism, including the loss of more than 1,900 soldiers and police since 2001 in combat with al Qaeda, the Taliban, and other extremist and terrorist groups.
(A) to build mutual trust and confidence by actively and consistently pursuing a sustained, long-term, multifaceted relationship between the two countries, devoted to strengthening the mutual security, stability, and prosperity of both countries;
(B) to support the people of Pakistan and their democratic government in their efforts to consolidate democracy, including strengthening Pakistan’s parliament, helping Pakistan reestablish an independent and transparent judicial system, and working to extend the rule of law in all areas in Pakistan;
(C) to promote sustainable long-term development and infrastructure projects, including in healthcare, education, water management, and energy programs, in all areas of Pakistan, that are sustained and supported by each successive democratic government in Pakistan;
(D) to ensure that all the people of Pakistan, including those living in areas governed by the Frontier Crimes Regulation, have access to public, modernized education and vocational training to enable them to provide for themselves, for their families, and for a more prosperous future for their children;
(E) to support the strengthening of core curricula and the quality of schools across Pakistan, including madrassas, in order to improve the prospects for Pakistani children’s futures and eliminate incitements to violence and intolerance;
(F) to encourage and promote public-private partnerships in Pakistan in order to bolster ongoing development efforts and strengthen economic prospects, especially with respect to opportunities to build civic responsibility and professional skills of the people of Pakistan, including support for institutions of higher learning with international accreditation;
(G) to expand people-to-people engagement between the two countries, through increased educational, technical, and cultural exchanges and other methods;
(H) to encourage the development of local analytical capacity to measure program effectiveness and progress on an integrated basis, especially across the areas of United States assistance and payments to Pakistan, and increase accountability for how such assistance and payments are being spent;
(I) to assist Pakistan’s efforts to improve counterterrorism financing and anti-money laundering regulatory structure in order to achieve international standards and encourage Pakistan to apply for “Financial Action Task Force” observer status and adhere to the United Nations International Convention for the Suppression of the Financing of Terrorism;
(J) to strengthen Pakistan’s counterinsurgency and counterterrorism strategy to help prevent any territory of Pakistan from being used as a base or conduit for terrorist attacks in Pakistan or elsewhere;
(K) to strengthen Pakistan’s efforts to develop strong and effective law enforcement and national defense forces under civilian leadership;
(L) to achieve full cooperation in matters of counter-proliferation of nuclear materials and related networks;
(M) to strengthen Pakistan’s efforts to gain control of its under-governed areas and address the threat posed by any person or group that conducts violence, sabotage, or other terrorist activities in Pakistan or its neighboring countries; and
(N) to explore means to consult with and utilize the relevant expertise and skills of the Pakistani-American community.
(1) to support the consolidation of democratic institutions;
(2) to support the expansion of rule of law, build the capacity of government institutions, and promote respect for internationally-recognized human rights;
(3) to promote economic freedoms and sustainable economic development;
(4) to support investment in people, including those displaced in on-going counterinsurgency operations; and
(5) to strengthen public diplomacy.
(A) support for efforts to strengthen Pakistan’s institutions, including the capacity of the National Parliament of Pakistan, such as enhancing the capacity of committees to oversee government activities, including national security issues, enhancing the ability of members of parliament to respond to constituents, and supporting of parliamentary leadership;
(B) support for voter education and civil society training as well as appropriate support for political party capacity building and responsiveness to the needs of all the people of Pakistan; and
(C) support for strengthening the capacity of the civilian Government of Pakistan to carry out its responsibilities at the national, provincial, and local levels.
(2) To support Pakistan’s efforts to expand rule of law, build the capacity, transparency, and trust in government institutions, and promote internationally recognized human rights, including assistance such as—
(A) supporting the establishment of frameworks that promote government transparency and criminalize corruption in both the government and private sector;
(B) support for police professionalization, including training regarding use of force, human rights, and community policing;
(C) support for independent, efficient, and effective judicial and criminal justice systems, such as case management, training, and efforts to enhance the rule of law to all areas in Pakistan;
(D) support for the implementation of legal and political reforms in the FATA;
(E) support to counter the narcotics trade;
(F) support for internationally recognized human rights, including strengthening civil society and nongovernmental organizations working in the area of internationally recognized human rights, as well as organizations that focus on protection of women and girls, promotion of freedom of religion and religious tolerance, and protection of ethnic or religious minorities; and
(G) support for promotion of a responsible, capable, and independent media.
(A) programs that support sustainable economic growth, including in rural areas, and the sustainable management of natural resources through investments in water resource management systems;
(B) expansion of agricultural and rural development, such as farm-to-market roads, systems to prevent spoilage and waste, and other small-scale infrastructure improvements;
(C) investments in energy, including energy generation and cross-border infrastructure projects with Afghanistan;
(D) employment generation, including increasing investment in infrastructure projects, including construction of roads and the continued development of a national aviation industry and aviation infrastructure, as well as support for small and medium enterprises;
(E) worker rights, including the right to form labor unions and legally enforce provisions safeguarding the rights of workers and local community stakeholders;
(F) access to microfinance for small business establishment and income generation, particularly for women; and
(G) countering radicalization by providing economic, social, educational, and vocational opportunities and life-skills training to at-risk youth.
(A) promoting modern, public primary and secondary education and vocational and technical training, including programs to assist in the development of modern, nationwide school curriculums for public, private, and religious schools; support for the proper oversight of all educational institutions, including religious schools, as required by Pakistani law; initiatives to enhance access to education and vocational and technical training for women and girls and to increase women’s literacy, with a special emphasis on helping girls stay in school; and construction and maintenance of libraries and public schools;
(B) programs relating to higher education to ensure a breadth and consistency of Pakistani graduates, including through public-private partnerships;
(C) improving quality public health to eliminate diseases such as hepatitis and to reduce maternal and under-five mortality rates;
(D) building capacity for nongovernmental and civil society organizations, particularly organizations with demonstrated experience in delivering services to the people of Pakistan, particularly to women, children, and other vulnerable populations; and
(E) support for refugees and internally displaced persons and long-term development in regions of Pakistan where internal conflict has caused large-scale displacement.
(A) encouraging civil society, respected scholars, and other leaders to speak out against militancy and violence; and
(B) expanded exchange activities under the Fulbright Program, the International Visitor Leadership Program, the Youth Exchange and Study Program, and related programs administered by the Department of State designed to promote mutual understanding and interfaith dialogue and expand sister institution programs between United States and Pakistani schools and universities.
(1) AVAILABILITY OF AMOUNTS FOR PAKISTANI POLICE PROFESSIONALIZATION, EQUIPPING, AND TRAINING.—Not less than $150,000,000 of the amounts appropriated for fiscal year 2010 pursuant to the authorization of appropriations under section 102 should be made available for assistance to Pakistan under this section for police professionalization, equipping, and training.
(2) AVAILABILITY OF AMOUNTS FOR ADMINISTRATIVE EXPENSES.—Up to $10,000,000 of the amounts appropriated for each fiscal year pursuant to the authorization of appropriations under section 102 may be made available for administrative expenses of civilian departments and agencies of the United States Government in connection with the provision of assistance under this section. Such amounts shall be in addition to amounts otherwise available for such purposes.
(3) UTILIZING PAKISTANI ORGANIZATIONS.—The President is encouraged, as appropriate, to utilize Pakistani firms and community and local nongovernmental organizations in Pakistan, including through host country contracts, and to work with local leaders to provide assistance under this section.
(4) USE OF DIRECT EXPENDITURES.—Amounts appropriated for each fiscal year pursuant to the authorization of appropriations under section 102 or otherwise made available to carry out this section shall be utilized to the maximum extent possible as direct expenditures for projects and programs, subject to existing reporting and notification requirements.
(5) CHIEF OF MISSION FUND.—Of the amounts appropriated for each fiscal year pursuant to the authorization of appropriations under section 102, up to $5,000,000 may be used by the Secretary of State to establish a fund for use by the Chief of Mission in Pakistan to provide assistance to Pakistan under this title or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to address urgent needs or opportunities, consistent with the purposes of this section, or for purposes of humanitarian relief. The fund established pursuant to this paragraph may be referred to as the “Chief of Mission Fund”.
(A) the United States should provide robust assistance to the people of Pakistan who have been displaced as a result of ongoing conflict and violence in Pakistan and support international efforts to coordinate assistance to refugees and internally displaced persons in Pakistan, including by providing support to international and nongovernmental organizations for this purpose;
(B) the Administrator of the United States Agency for International Development should support the development objectives of the Refugee Affected and Host Areas (RAHA) Initiative in Pakistan to address livelihoods, health, education, infrastructure development, and environmental restoration in identified parts of the country where Afghan refugees have lived; and
(C) the United States should have a coordinated, strategic communications strategy to engage the people of Pakistan and to help ensure the success of the measures authorized by this title.
(d) Notification.—For fiscal years 2010 through 2014, the President shall notify the appropriate congressional committees not later than 15 days before obligating any assistance under this section as budgetary support to the Government of Pakistan or any element of the Government of Pakistan and shall include in such notification a description of the purpose and conditions attached to any such budgetary support.
(a) In general.—There are authorized to be appropriated to the President, for the purposes of providing assistance to Pakistan under this title and to provide assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), up to $1,500,000,000 for each of the fiscal years 2010 through 2014.
(A) none of the amounts appropriated for assistance to Pakistan may be made available after the date that is 60 days after the date of the enactment of this Act unless the Pakistan Assistance Strategy Report has been submitted to the appropriate congressional committees pursuant to section 301(a); and
(B) not more than $750,000,000 may be made available for assistance to Pakistan unless the President’s Special Representative to Afghanistan and Pakistan submits to the appropriate congressional committees during such fiscal year—
(i) a certification that assistance provided to Pakistan under this title or the Foreign Assistance Act of 1961 to date has made or is making reasonable progress toward achieving the principal objectives of United States assistance to Pakistan contained in the Pakistan Assistance Strategy Report; and
(ii) a memorandum explaining the reasons justifying the certification described in clause (i).
(2) MAKER OF CERTIFICATION.—In the event of a vacancy in, or the termination of, the position of the President’s Special Representative to Afghanistan and Pakistan, the certification and memorandum described under paragraph (1)(B) may be made by the Secretary of State.
(c) Waiver.—The Secretary of State may waive the limitations in subsection (b) if the Secretary determines, and certifies to the appropriate congressional committees, that it is in the national security interests of the United States to do so.
(d) Sense of Congress on foreign assistance funds.—It is the sense of Congress that, subject to an improving political and economic climate in Pakistan, there should be authorized to be appropriated up to $1,500,000,000 for each of the fiscal years 2015 through 2019 for the purpose of providing assistance to Pakistan under the Foreign Assistance Act of 1961.
(a) Assistance Authorized.—The Inspector General of the Department of State, the Inspector General of the United States Agency for International Development, and the inspectors general of other Federal departments and agencies (other than the Inspector General of the Department of Defense) carrying out programs, projects, and activities using amounts appropriated to carry out this title shall audit, investigate, and oversee the obligation and expenditure of such amounts.
(b) Authorization for In-Country Presence.—The Inspector General of the Department of State and the Inspector General of the United States Agency for International Development, after consultation with the Secretary of State and the Administrator of the United States Agency for International Development, are authorized to establish field offices in Pakistan with sufficient staff from each of the Offices of the Inspector General, respectively, to carry out subsection (a).
(1) IN GENERAL.—Of the amounts authorized to be appropriated under section 102 for each of the fiscal years 2010 through 2014, up to $30,000,000 for each fiscal year is authorized to be made available to carry out this section.
(2) RELATION TO OTHER AVAILABLE FUNDS.—Amounts made available under paragraph (1) are in addition to amounts otherwise available for such purposes.
The purposes of assistance under this title are—
(1) to support Pakistan’s paramount national security need to fight and win the ongoing counterinsurgency within its borders in accordance with its national security interests;
(2) to work with the Government of Pakistan to improve Pakistan’s border security and control and help prevent any Pakistani territory from being used as a base or conduit for terrorist attacks in Pakistan, or elsewhere;
(3) to work in close cooperation with the Government of Pakistan to coordinate action against extremist and terrorist targets; and
(4) to help strengthen the institutions of democratic governance and promote control of military institutions by a democratically elected civilian government.
(1) IN GENERAL.—There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014 for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training) for Pakistan, including expanded international military education and training (commonly known as “E–IMET”).
(2) USE OF FUNDS.—It is the sense of Congress that a substantial amount of funds made available to carry out this subsection for a fiscal year should be used to pay for courses of study and training in counterinsurgency and civil-military relations.
(1) IN GENERAL.—There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014 for grant assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program) for the purchase of defense articles, defense services, and military education and training for Pakistan.
(A) IN GENERAL.—A significant portion of the amount made available to carry out this subsection for a fiscal year shall be for the purchase of defense articles, defense services, and military education and training for activities relating to counterinsurgency and counterterrorism operations in Pakistan.
(B) SENSE OF CONGRESS.—It is the sense of Congress that a significant majority of funds made available to carry out this subsection for a fiscal year should be used for the purpose described in subparagraph (A).
(3) ADDITIONAL AUTHORITY.—Except as provided in sections 3 and 102 of the Arms Export Control Act, the second section 620J of the Foreign Assistance Act of 1961 (as added by Public Law 110–161), and any provision of an Act making appropriations for the Department of State, foreign operations, and related programs that restricts assistance to the government of any country whose duly elected head of government is deposed by military coup or decree, and except as otherwise provided in this title, amounts authorized to be made available to carry out paragraph (2) for fiscal years 2010 and 2011 are authorized to be made available notwithstanding any other provision of law.
(4) DEFINITIONS.—In this section, the terms “defense articles”, “defense services”, and “military education and training” have the meaning given such terms in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
(c) Sense of Congress.—It is the sense of Congress that the United States should facilitate Pakistan’s establishment of a program to provide reconstruction assistance, including through Pakistan’s military as appropriate, in areas damaged by combat operations.
(A) military and civilian personnel of Pakistan; and
(ii) military and civilian personnel of North Atlantic Treaty Organization member countries,
in order to foster greater mutual respect for and understanding of the principle of civilian rule of the military.
(2) ELEMENTS OF PROGRAM.—The program authorized under paragraph (1) may include conferences, seminars, exchanges, and other events, distribution of publications and reimbursements of expenses of foreign military personnel participating in the program, including transportation, translation and administrative expenses.
(3) ROLE OF NONGOVERNMENTAL ORGANIZATIONS.—Amounts authorized to be appropriated to carry out this section for a fiscal year are authorized to be made available for nongovernmental organizations to facilitate the implementation of the program authorized under paragraph (1).
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014 to carry out the program established by this subsection.
(a) Limitation on security-related assistance.—For fiscal years 2011 through 2014, no security-related assistance may be provided to Pakistan in a fiscal year until the Secretary of State, under the direction of the President, makes the certification required under subsection (c) for such fiscal year.
(b) Limitation on Arms Transfers.—For fiscal years 2012 through 2014, no letter of offer to sell major defense equipment to Pakistan may be issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) and no license to export major defense equipment to Pakistan may be issued pursuant to such Act in a fiscal year until the Secretary of State, under the direction of the President, makes the certification required under subsection (c) for such fiscal year.
(1) the Government of Pakistan is continuing to cooperate with the United States in efforts to dismantle supplier networks relating to the acquisition of nuclear weapons-related materials, such as providing relevant information from or direct access to Pakistani nationals associated with such networks;
(2) the Government of Pakistan during the preceding fiscal year has demonstrated a sustained commitment to and is making significant efforts towards combating terrorist groups, consistent with the purposes of assistance described in section 201, including taking into account the extent to which the Government of Pakistan has made progress on matters such as—
(A) ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neighboring countries;
(B) preventing al Qaeda, the Taliban and associated terrorist groups, such as Lashkar-e-Taiba and Jaish-e-Mohammed, from operating in the territory of Pakistan, including carrying out cross-border attacks into neighboring countries, closing terrorist camps in the FATA, dismantling terrorist bases of operations in other parts of the country, including Quetta and Muridke, and taking action when provided with intelligence about high-level terrorist targets; and
(C) strengthening counterterrorism and anti-money laundering laws; and
(3) the security forces of Pakistan are not materially and substantially subverting the political or judicial processes of Pakistan.
(1) IN GENERAL.—Subject to paragraph (2), none of the funds appropriated for security-related assistance for fiscal years 2010 through 2014, or any amounts appropriated to the Pakistan Counterinsurgency Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 111–32), may be obligated or expended to make payments relating to—
(A) the Letter of Offer and Acceptance PK–D–YAD signed between the Governments of the United States of America and Pakistan on September 30, 2006;
(B) the Letter of Offer and Acceptance PK–D–NAP signed between the Governments of the United States of America and Pakistan on September 30, 2006; and
(C) the Letter of Offer and Acceptance PK–D–SAF signed between the Governments of the United States of America and Pakistan on September 30, 2006.
(2) EXCEPTION.—Funds appropriated for security-related assistance for fiscal years 2010 through 2014 may be used for construction and related activities carried out pursuant to the Letters of Offer and Acceptance described in paragraph (1).
(1) IN GENERAL.—The Secretary of State, under the direction of the President, may waive the limitations contained in subsections (a), (b), and (d) for a fiscal year if the Secretary of State determines that is important to the national security interests of the United States to do so.
(2) PRIOR NOTICE OF WAIVER.—The Secretary of State, under the direction of the President, may not exercise the authority of paragraph (1) until 7 days after the Secretary of State provides to the appropriate congressional committees a written notice of the intent to issue to waiver and the reasons therefor. The notice may be submitted in classified or unclassified form, as necessary.
(1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.
(1) IN GENERAL.—For fiscal year 2010, the Department of State’s Pakistan Counterinsurgency Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 111–32), hereinafter in this section referred to as the “Fund”, shall consist of the following:
(A) Amounts appropriated to carry out this subsection (which may not include any amounts appropriated to carry out title I of this Act).
(B) Amounts otherwise available to the Secretary of State to carry out this subsection.
(2) PURPOSES OF FUND.—Amounts in the Fund made available to carry out this subsection for any fiscal year are authorized to be used by the Secretary of State, with the concurrence of the Secretary of Defense, to build and maintain the counterinsurgency capability of Pakistan under the same terms and conditions (except as otherwise provided in this subsection) that are applicable to amounts made available under the Fund for fiscal year 2009.
(A) IN GENERAL.—The Secretary of State is authorized to transfer amounts in the Fund made available to carry out this subsection for any fiscal year to the Department of Defense’s Pakistan Counterinsurgency Fund established under the Supplemental Appropriations Act, 2009 (Public Law 111–32) and such amounts may be transferred back to the Fund if the Secretary of Defense, with the concurrence of the Secretary of State, determines that such amounts are not needed for the purposes for which initially transferred.
(B) TREATMENT OF TRANSFERRED FUNDS.—Subject to subsections (d) and (e) of section 203, transfers from the Fund under the authority of subparagraph (A) shall be merged with and be available for the same purposes and for the same time period as amounts in the Department of Defense’s Pakistan Counterinsurgency Fund.
(C) RELATION TO OTHER AUTHORITIES.—The authority to provide assistance under this subsection is in addition to any other authority to provide assistance to foreign countries.
(D) NOTIFICATION.—The Secretary of State shall, not less than 15 days prior to making transfers from the Fund under subparagraph (A), notify the appropriate congressional committees in writing of the details of any such transfer.
(b) Submission of Notifications.—Any notification required by this section may be submitted in classified or unclassified form, as necessary.
(1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
(1) IN GENERAL.—For fiscal years 2010 through 2014, any direct cash security-related assistance or non-assistance payments by the United States to the Government of Pakistan may only be provided or made to civilian authorities of a civilian government of Pakistan.
(2) DOCUMENTATION.—For fiscal years 2010 through 2014, the Secretary of State, in coordination with the Secretary of Defense, shall ensure that civilian authorities of a civilian government of Pakistan have received a copy of final documentation provided to the United States related to non-assistance payments provided or made to the Government of Pakistan.
(1) SECURITY-RELATED ASSISTANCE.—The Secretary of State, in consultation with the Secretary of Defense, may waive the requirements of subsection (a) with respect to security-related assistance described in subsection (a) funded from accounts within budget function 150 (International Affairs) if the Secretary of State certifies to the appropriate congressional committees that the waiver is important to the national security interest of the United States.
(2) NON-ASSISTANCE PAYMENTS.—The Secretary of Defense, in consultation with the Secretary of State, may waive the requirements of subsection (a) with respect to non-assistance payments described in subsection (a) funded from accounts within budget function 050 (National Defense) if the Secretary of Defense certifies to the appropriate congressional committees that the waiver is important to the national security interest of the United States.
(1) any activities subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.);
(2) any assistance to promote democratic elections or public participation in democratic processes;
(3) any assistance or payments if the Secretary of State determines and certifies to the appropriate congressional committees that subsequent to the termination of assistance or payments a democratically elected government has taken office;
(4) any assistance or payments made pursuant to section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), as amended;
(5) any payments made pursuant to the Acquisition and Cross-Servicing Agreement between the Department of Defense of the United States of America and the Ministry of Defense of the Islamic Republic of Pakistan; and
(6) any assistance or payments made pursuant to section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578).
(1) the term “appropriate congressional committees” means the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and
(2) the term “civilian government of Pakistan” does not include any government of Pakistan whose duly elected head of government is deposed by military coup or decree.
(a) Pakistan Assistance Strategy Report.—Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing United States policy and strategy with respect to assistance to Pakistan under this Act. The report shall include the following:
(1) A description of the principal objectives of United States assistance to Pakistan to be provided under title I of this Act.
(2) A general description of the specific programs, projects, and activities designed to achieve the purposes of section 101 and the respective funding levels for such programs, projects, and activities for fiscal years 2010 through 2014.
(3) A plan for program monitoring, operations research, and impact evaluation research for assistance authorized under title I of this Act.
(4) A description of the role to be played by Pakistani national, regional, and local officials and members of Pakistani civil society and local private sector, civic, religious, and tribal leaders in helping to identify and implement programs and projects for which assistance is to be provided under this Act, and of consultations with such representatives in developing the strategy.
(5) A description of the steps taken, or to be taken, to ensure assistance provided under this Act is not awarded to individuals or entities affiliated with terrorist organizations.
(6) A projection of the levels of assistance to be provided to Pakistan under this Act, broken down into the following categories as described in the annual “Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance”:
(A) Civil liberties.
(B) Political rights.
(C) Voice and accountability.
(D) Government effectiveness.
(E) Rule of law.
(F) Control of corruption.
(G) Immunization rates.
(H) Public expenditure on health.
(I) Girls’ primary education completion rate.
(J) Public expenditure on primary education.
(K) Natural resource management.
(L) Business start-up.
(M) Land rights and access.
(N) Trade policy.
(O) Regulatory quality.
(P) Inflation control.
(Q) Fiscal policy.
(7) An analysis for the suitable replacement for existing Pakistani helicopters, including recommendations for sustainment and training.
(1) SENSE OF CONGRESS.—It is the sense of Congress that the achievement of United States national security goals to eliminate terrorist threats and close safe havens in Pakistan requires the development of a comprehensive plan that utilizes all elements of national power, including in coordination and cooperation with other concerned governments, and that it is critical to Pakistan’s long-term prosperity and security to strengthen regional relationships among India, Pakistan, and Afghanistan.
(2) COMPREHENSIVE REGIONAL SECURITY STRATEGY.—The President shall develop a comprehensive interagency regional security strategy to eliminate terrorist threats and close safe havens in Pakistan, including by working with the Government of Pakistan and other relevant governments and organizations in the region and elsewhere, as appropriate, to best implement effective counterinsurgency and counterterrorism efforts in and near the border areas of Pakistan and Afghanistan, including the FATA, the NWFP, parts of Balochistan, and parts of Punjab.
(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the comprehensive regional security strategy required under paragraph (2).
(B) CONTENTS.—The report shall include a copy of the comprehensive regional security strategy, including specifications of goals, and proposed timelines and budgets for implementation of the strategy.
(i) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(ii) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(c) Security-related assistance plan.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a plan for the proposed use of amounts authorized for security-related assistance for each of the fiscal years 2010 through 2014. Such plan shall include an assessment of how the use of such amounts complements or otherwise is related to amounts described in section 204.
(a) Semi-Annual Monitoring Report.—Not later than 180 days after the submission of the Pakistan Assistance Strategy Report pursuant to section 301(a), and every 180 days thereafter through September 30, 2014, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report that describes the assistance provided under this Act during the preceding 180-day period. The report shall include—
(1) a description of all assistance by program, project, and activity, as well as by geographic area, provided pursuant to title I of this Act during the period covered by the report, including the amount of assistance provided for each program or project, and with respect to the first report a description of all amounts made available for assistance to Pakistan during fiscal year 2009, including a description of each program, project, and activity for which funds were made available;
(2) a list of persons or entities from the United States or other countries that have received funds in excess of $100,000 to conduct projects under title I of this Act during the period covered by the report, which may be included in a classified annex, if necessary to avoid a security risk, and a justification for the classification;
(3) with respect to the plan described in section 301(a)(3), updates to such plan and a description of best practices to improve the impact of the assistance authorized under title I of this Act;
(4) an assessment of the effectiveness of assistance provided under title I of this Act during the period covered by the report in achieving desired objectives and outcomes as guided by the plan described in section 301(a)(3), and as updated pursuant to paragraph (3) of this subsection, including a systematic, qualitative, and where possible, quantitative basis for assessing whether desired outcomes are achieved and a timeline for completion of each project and program;
(5) a description of any shortfall in United States financial, physical, technical, or human resources that hinder the effective use and monitoring of such funds;
(6) a description of any negative impact, including the absorptive capacity of the region for which the resources are intended, of United States bilateral or multilateral assistance and recommendations for modification of funding, if any;
(7) any incidents or reports of waste, fraud, and abuse of expenditures under title I of this Act;
(8) the amount of funds authorized to be appropriated pursuant to section 102 that were used during the reporting period for administrative expenses or for audits and program reviews pursuant to the authority under sections 101(c)(2) and 103;
(9) a description of the expenditures made from any Chief of Mission Fund established pursuant to section 101(c)(5) during the period covered by the report, the purposes for which such expenditures were made, and a list of the recipients of any expenditures from the Chief of Mission Fund in excess of $100,000;
(10) an accounting of assistance provided to Pakistan under title I of this Act, broken down into the categories set forth in section 301(a)(6);
(A) disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas;
(B) eliminate the safe havens of such forces in Pakistan;
(C) close terrorist camps, including those of Lashkar-e-Taiba and Jaish-e-Mohammed;
(D) cease all support for extremist and terrorist groups;
(E) prevent attacks into neighboring countries;
(F) increase oversight over curriculum in madrassas, including closing madrassas with direct links to the Taliban or other extremist and terrorist groups; and
(G) improve counterterrorism financing and anti-money laundering laws, apply for observer status for the Financial Action Task Force, and take steps to adhere to the United Nations International Convention for the Suppression of Financing of Terrorism;
(12) a detailed description of Pakistan’s efforts to prevent proliferation of nuclear-related material and expertise;
(13) an assessment of whether assistance provided to Pakistan has directly or indirectly aided the expansion of Pakistan’s nuclear weapons program, whether by the diversion of United States assistance or the reallocation of Pakistan’s financial resources that would otherwise be spent for programs and activities unrelated to its nuclear weapons program;
(14) a detailed description of the extent to which funds obligated and expended pursuant to section 202(b) meet the requirements of such section; and
(15) an assessment of the extent to which the Government of Pakistan exercises effective civilian control of the military, including a description of the extent to which civilian executive leaders and parliament exercise oversight and approval of military budgets, the chain of command, the process of promotion for senior military leaders, civilian involvement in strategic guidance and planning, and military involvement in civil administration.
(1) PAKISTAN ASSISTANCE STRATEGY REPORT.—Not later than one year after the submission of the Pakistan Assistance Strategy Report pursuant to section 301(a), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that contains—
(A) a review of, and comments addressing, the Pakistan Assistance Strategy Report;
(B) recommendations relating to any additional actions the Comptroller General believes could help improve the efficiency and effectiveness of United States efforts to meet the objectives of this Act;
(C) a detailed description of the expenditures made by Pakistan pursuant to grant assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program); and
(D) an assessment of the impact of the assistance on the security and stability of Pakistan.
(2) CERTIFICATION REPORT.—Not later than 120 days after the date on which the President makes the certification described in section 203(c) for a fiscal year, the Comptroller General of the United States shall conduct an independent analysis of the certification described in such section and shall submit to the appropriate congressional committees a report containing the results of the independent analysis.
(c) Submission.—The Secretary of State may submit the reports required by this section in conjunction with other reports relating to Pakistan required under other provisions of law, including sections 1116 and 1117 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1906 and 1907).
(1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
Passed the Senate September 24, 2009.
It’s a real shame for USA justice system that every now and then we see people becoming victims of state run security agencies and the justice system in USA fails to protect them.
We have seen a shameful example of Dr. Aafia Siddiqi who is still having terrible time in USA and also an old man with the name Nayyar Zaidi is going through a mental torture because of the USA system of justice.
We in Pakistan and other third world countries are used to of similar but a country which claims to be the most progressive civilization and a symbol of democracy should not have such things in their society.
It is quiet clear that Nayyar Zaidi was trapped by USA security agencies in a shamefully false case and the victim’s family is getting not much help from the civil society of the world.
Therefore we appeal to the civil society of the world to do what ever they can to provide justice to an old man is who is facing may be the toughest time of his life.
Below is the message on Facebook by Nayyar’s family:
Muhammad Tariq Khan sent a message to the members of Nayyar Zaidi is a Journalist Not A Criminal, Support Nayyar Zaidi.
Subject: The Family Request .. Please Take Action ..
Regarding Nayyar Zaidi Case in a recent email from Zaidi family the family expressed their sorrow over the sad death news of Mr. Muhammad Tariq Khan’s brother in-law’s, Zaidi family conveyed their condolences to Mr. Khan and his family and pray Allah for mercy and blessing on deceased soul.
Zaid family also expressed their gratitude for Mr. Khan and the whole group for their unconditional support to Mr. Zaidi and his family in this trying time, Mr. Zaidi is still suffering in jail for a crime he never committed. According to the update his pre-trial hearing is this Wednesday October 7, 2009, when the judge will determine whether there is sufficient evidence for against Mr. Zaidi to go to trial by jury, and then date can be set for further hearing, and if the judge decides there is not enough evidence, then the whole case will be dismissed and he will be set free.
Mr. Zaidi also authorized group to send the addresses of Attorney General Eric Holder, to the members, supporters, journalists and journalist organizations in order to raise awareness about his case.
The following is the address and email address of the US Attorney General
The Attorney General of the United States of America
950 Pennsylvania Avenue
Washington, D.C. 20530
Attention: US Attorney General–
Attn; Eric Holder
Fax: +1 202-307-6777
The family recommended that everyone who sympathizes with Mr. Zaidi and is looking for the justice in his case should write to the US Attorney General on above address, email and fax request him to hold impartial and immediate investigation in this case.
Organizations such as PFUJ, Committee for Protection of Journalists, Local Press Clubs, National and International Journalist Organizations and individual journalist should write to him asking him to investigate this case, remember we are not demanding the release but impartial investigation into the circumstance that lead to Mr. Zaidi arrest and the way his case is being handled.
The family regretted the fact that President Zardari was recently in Washington and the Ambassador Haqqani was with him all along, who himself is a veteran journalist, but they never approached any of the family members and never raised Zaidi case on any level with US officials
The members, journalists and journalist organizations should also keep writing to Haqqani and Zardari to remind them of their obligations.
The Zaidi family, this trying time, is frustrated but their faith in Allah and religion keeps them going, they want to thank all members and are requesting everyone to please pray for October 7th outcome in favour of Mr. Zaidi.