Collapse to view only § 6305. Definitions
- § 6301. Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation
- § 6302. Role of international financial institutions
- § 6303. Prohibition on assisting nuclear proliferation through provision of financing
- § 6304. Reporting on demarches
- § 6305. Definitions
§ 6301. Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation
(a) Determination by President
(1) In general
(2) Persons against which the sanction is to be imposedThe sanction shall be imposed pursuant to paragraph (1) on—
(A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph;
(B) any successor entity to that foreign person or United States person;
(C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and
(D) any foreign person or United States person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person.
(3) Other sanctions available
(4) Definition
(b) Consultation with and actions by foreign government of jurisdiction
(1) Consultations
(2) Actions by government of jurisdiction
(3) Report to Congress
(c) Sanction
(1) Description of sanction
(2) ExceptionsThe President shall not be required to apply or maintain the sanction under this section—
(A) in the case of procurement of defense articles or defense services—
(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;
(ii) if the President determines in writing that the person or other entity to which the sanction would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or
(iii) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements;
(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanction;
(C) to—
(i) spare parts which are essential to United States products or production;
(ii) component parts, but not finished products, essential to United States products or production; or
(iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;
(D) to information and technology essential to United States products or production; or
(E) to medical or other humanitarian items.
(d) Advisory opinions
(e) Termination of sanctionThe sanction imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of the sanction and shall cease to apply thereafter only if the President determines and certifies in writing to the Congress that—
(1) reliable information indicates that the foreign person or United States person with respect to which the determination was made under subsection (a)(1) has ceased to aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in that subsection; and
(2) the President has received reliable assurances from the foreign person or United States person, as the case may be, that such person will not, in the future, aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in subsection (a)(1).
(f) Waiver
(1) Criterion for waiver
(2) Notification of and report to Congress
(Pub. L. 103–236, title VIII, § 821, Apr. 30, 1994, 108 Stat. 508.)
§ 6302. Role of international financial institutions
The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in section 262d(a) of this title to use the voice and vote of the United States to oppose any use of the institution’s funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any non-nuclear-weapon state.
(Pub. L. 103–236, title VIII, § 823(a), Apr. 30, 1994, 108 Stat. 512.)
§ 6303. Prohibition on assisting nuclear proliferation through provision of financing
(a) “Prohibited activity” definedFor purposes of this section, the term “prohibited activity” means the act of knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to—
(1) the acquisition of unsafeguarded special nuclear material; or
(2) the use, development, production, stockpiling, or other acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
(b) Prohibition
(c) Presidential determination and order with respect to United States and foreign persons
(d) SanctionsThe following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect to any United States person or any foreign person:
(1) Ban on dealings in Government finance
(A) Designation as primary dealer
(B) Service as depositary
(2) Restrictions on operationsThe person may not, directly or indirectly—
(A) commence any line of business in the United States in which the person was not engaged as of the date of the order; or
(B) conduct business from any location in the United States at which the person did not conduct business as of the date of the order.
(e) Consultation with and actions by foreign government of jurisdiction
(1) Consultations
(2) Actions by government of jurisdiction
(A) Suspension of period for imposing sanctions
(B) Coordination with activities of foreign government
(C) Extension of period
(3) Report to CongressBefore the end of the 90-day period beginning on the date on which an order is issued under subsection (c), the President shall submit to the Congress a report on—
(A) the status of consultations under this subsection with the government referred to in paragraph (1); and
(B) the basis for any determination under paragraph (2) that such government has taken specific corrective actions.
(f) Termination of sanctionsAny sanction imposed on any person pursuant to an order issued under subsection (c) shall—
(1) remain in effect for a period of not less than 12 months; and
(2) cease to apply after the end of such 12-month period only if the President determines, and certifies in writing to the Congress, that—
(A) the person has ceased to engage in any prohibited activity; and
(B) the President has received reliable assurances from such person that the person will not, in the future, engage in any prohibited activity.
(g) Waiver
(h) Enforcement actionThe Attorney General may bring an action in an appropriate district court of the United States for injunctive and other appropriate relief with respect to—
(1) any violation of subsection (b); or
(2) any order issued pursuant to subsection (c).
(i) “Knowingly” defined
(1) In generalFor purposes of this section, the term “knowingly” means the state of mind of a person with respect to conduct, a circumstance, or a result in which—
(A) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or
(B) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur.
(2) Knowledge of the existence of a particular circumstance
(j) Scope of application
(Pub. L. 103–236, title VIII, § 824, Apr. 30, 1994, 108 Stat. 512; Pub. L. 104–164, title I, § 157(b), July 21, 1996, 110 Stat. 1440.)
§ 6304. Reporting on demarches
(1) It is the sense of the Congress that the Department of State should, in the course of implementing its reporting responsibilities under section 3282(c) of this title, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of significance from the proliferation standpoint.
(2) For purposes of this section, the term “demarche” means any official communication by one government to another, by written or oral means, intended by the originating government to express—
(A) a concern over a past, present, or possible future action or activity of the recipient government, or of a person within the jurisdiction of that government, contributing to the global spread of unsafeguarded special nuclear material or of nuclear explosive devices;
(B) a request for the recipient government to counter such action or activity; or
(C) both the concern and request described in subparagraphs (A) and (B).
(Pub. L. 103–236, title VIII, § 828(b), Apr. 30, 1994, 108 Stat. 520.)
§ 6305. DefinitionsFor purposes of this subchapter—
(1) the term “foreign person” means—
(A) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or
(B) a corporation, partnership, or other nongovernment entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States;
(2) the term “goods or technology” means—
(A) nuclear materials and equipment and sensitive nuclear technology (as such terms are defined in section 3203 of this title), all export items designated by the President pursuant to section 2139a(c) of title 42, and all technical assistance requiring authorization under section 2077(b) of title 42, and
(B) in the case of exports from a country other than the United States, any goods or technology that, if exported from the United States, would be goods or technology described in subparagraph (A);
(3) the term “IAEA safeguards” means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency;
(4) the term “nuclear explosive device” means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT);
(5) the term “non-nuclear-weapon state” means any country which is not a nuclear-weapon state, as defined by Article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968;
(6) the term “special nuclear material” has the meaning given that term in section 2014(aa) of title 42;
(7) the term “United States person” means—
(A) an individual who is a citizen of the United States or an alien admitted for permanent residence to the United States; or
(B) a corporation, partnership, or other nongovernment entity which is not a foreign person; and
(8) the term “unsafeguarded special nuclear material” means special nuclear material which is held in violation of IAEA safeguards or not subject to IAEA safeguards (excluding any quantity of material that could, if it were exported from the United States, be exported under a general license issued by the Nuclear Regulatory Commission).
(Pub. L. 103–236, title VIII, § 830, Apr. 30, 1994, 108 Stat. 521.)