§ 2375.
(e)
Nuclear non-proliferation conditions on military assistance; exception
(1)
No military assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this chapter or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.
(2)
The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:
(A)
International narcotics control (including part VIII of subchapter I of this chapter) or any provision of law available for providing assistance for counternarcotics purposes.
(B)
Facilitating military-to-military contact, training (including part V of subchapter II of this chapter) and humanitarian and civic assistance projects.
(C)
Peacekeeping and other multilateral operations (including part VI of subchapter II of this chapter relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided.
(D)
Antiterrorism assistance (including part VIII of subchapter II of this chapter relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes.
(3)
The restrictions of this subsection shall continue to apply to contracts for the delivery of F–16 aircraft to Pakistan.
(4)
Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F–16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.
([Pub. L. 87–195], pt. III, § 620E, as added [Pub. L. 97–113, title VII, § 736], Dec. 29, 1981, [95 Stat. 1561]; amended [Pub. L. 99–83, title IX, § 902], Aug. 8, 1985, [99 Stat. 267]; [Pub. L. 100–202, § 101(e) [title V, § 557]], Dec. 22, 1987, [101 Stat. 1329–131], 1329–170; [Pub. L. 101–167, title V, § 591], Nov. 21, 1989, [103 Stat. 1253]; [Pub. L. 101–513, title V, § 574(a)], Nov. 5, 1990, [104 Stat. 2042]; [Pub. L. 102–145, § 118], as added [Pub. L. 102–266, § 102], Apr. 1, 1992, [106 Stat. 93]; [Pub. L. 102–391, title V, § 570(a)], Oct. 6, 1992, [106 Stat. 1681]; [Pub. L. 103–87, title V, § 536(a)], Sept. 30, 1993, [107 Stat. 955]; [Pub. L. 103–236, title VIII, § 822(b)(2)], Apr. 30, 1994, [108 Stat. 512]; [Pub. L. 104–107, title V, § 559(a)], Feb. 12, 1996, [110 Stat. 743].)