The National Assembly in Pakistan passed a new legislation in September calling for the tightening of the export of nuclear and biological weapons technology and missile delivery systems. The legislation titled "Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004," was approved by the Senate and now awaits formal approval from President Musharraf.

Earlier in July, the US Congress passed a specific Intelligence Authorisation Act 2005, seeking to monitor Pakistan's efforts to contain proliferation of weapons of mass destruction (WMD) and also to ensure safety of its nuclear weapons. Pakistan's legislation seeks to strengthen its credentials and also to meet its international obligations as a responsible nuclear weapons state. It stipulates a prison sentence of up to 14 years or a fine of up to five million rupees ($85,000), or both, for anyone spreading nuclear technology or hardware.

The new legislation raises several issues that merit attention. Firstly, the rationale behind Pakistan's new legislation, when several nuclear safety laws and mechanisms are already in place and Pakistan claims that its nuclear materials and weapons are safe and secure, must be examined. Would the legislation really stop proliferation of nuclear weapons and technology from Pakistan? Why has this step been taken at this particular time? Three factors can be cited to justify the timing. These include India's growing closeness with the US, especially the next steps in strategic partnership (NSSP); increasing global nuclear proliferation in Iran, North Korea, South Korea and Brazil; and, the proximity of the US presidential elections and the need for the US Administration to be seen to be acting decisively.

Pakistan apprehends that the growing closeness between India and the United States may affect its close ties with the US. After the nuclear tests by the two neighbours, there was a marked deterioration in Indo-US ties, which changed after the visit of President Clinton in 2000. The relationship got a fillip by an agreement reached between former Prime Minister Atal Bihari Vajpayee and President George Bush early this year. In a joint statement on 13 January 2004 matched steps were announced in three areas: civilian nuclear development, space programme and high technology trade. While Phase I of the NSSP has now been concluded, the process is ongoing. It also includes dialogue on missile defense. India has reportedly agreed to implement measures to address US proliferation concerns and ensure compliance with US export controls.

Second, the disclosure of nuclear activities in North Korea, Iran, Libya, and South Korea has created a consensus in IAEA and the international community (read US) on the immediate need to control the spread of WMD. The Bush regime believes in dismantling and overthrowing the regimes possessing WMD more than the WMD themselves. Pakistan has realised this and is working towards improving its image in the world community. Since Pakistan's nuclear tests in May 1998 and especially after the A Q Khan story unfolded in early 2004, doubts have been raised about the safety of its nuclear and fissile material.In October 2000, General Anthony Zinni, former commander of the US Central Command, had raised concerns over Pakistan's nuclear weapons being passed on to extremist Islamic leaders. Secretary of State, Collin Powell, and former CIA director George Tenet had visited Pakistan in October 2001 and emphasised the criticality of ensuring the safety and security of nuclear weapons in discussions with General Musharraf.

Pakistan already has a limited number of nuclear regulatory mechanisms like the National Command Authority that was established in 2000 and Pakistan Nuclear Regulatory Authority established in January 2001. Pakistan is also a party to early notification of nuclear accidents and Convention on the physical protection of nuclear weapons. The new bill only adds further to the existing list of nuclear safety mechanisms. It does not help Pakistan's case that all these mechanisms were operational when large-scale proliferation was taking place

Recently released reports from the US Senate Committee on Intelligence revealed that the September 11 attacks on the World Trade Center and Pentagon and the Iraq war which cost the US a fortune, politically, militarily and financially, could have been avoided. While drawing a balance sheet of the Bush Administration's record on proliferation and arms control, Michael Krepon has commented that the balance is tilted heavily against America's hope for a safer world. Also, Bush had easily believed Musharraf when Pakistan was caught red handed in the A Q Khan proliferation scam. Bush now expects Pakistan to show some tangible progress on containing the proliferation of WMD.

Within Pakistan too there are divergent views on the necessity of the present bill. The leader of the People's Party Parliamentarians (PPP), Raza Rabbani, recently stated that the origin of the bill can be traced to the visit of Collin Powell in March this year and accused the government of succumbing to pressure from the US and the International Atomic Energy Agency (IAEA). The Government of Pakistan must understand that the mere passage of new bills and regulations cannot be a satisfactory move towards safety and security of nuclear weapons. Effective and sincere implementation of the existing laws should be sine qua non for safety and security.