The previous BMW M3 GT2 had just as many waivers and it actually ran at the 24 Hours of Le Mans (ACO, 2010/11) and the Intercontinental Le Mans Cup (ACO, 2010/11). The lack of participation in 2012 and now, 2013 is due to their commitments to DTM.
BMW Motorsport Official Statement:
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FIA’s new World Endurance Championship – a series in which BMW will unfortunately not be participating in given their effort to mount an entry back into DTM – hence no BMW entry to this year’s 24 Hours of Le Mans.
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AFAIK, the ACO does not have an "intolerance" for waivers as you suggest. The SRT Viper GTS-R's engine is 8.0L instead of being 8.4L in the road car, and it still manages to be 2.5L over the maximum amount of 5.5L. Other modifications include transmission placement. Lets not forget that this car is going to race in the 24 Hours of Le Mans (ACO, 2013).
There goes your argument.