
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2799aa]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
             SUBCHAPTER X--NUCLEAR NONPROLIFERATION CONTROLS
 
Sec. 2799aa. Nuclear enrichment transfers


(a) Prohibitions; safeguards and management

    Except as provided in subsection (b) of this section, no funds made 
available to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 
2151 et seq.] or this chapter may be used for the purpose of providing 
economic assistance (including assistance under chapter 4 of part II of 
the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]), providing 
military assistance or grant military education and training, providing 
assistance under chapter 6 of part II of that Act [22 U.S.C. 2348 et 
seq.], or extending military credits or making guarantees, to any 
country which the President determines delivers nuclear enrichment 
equipment, materials, or technology to any other country on or after 
August 4, 1977, or receives such equipment, materials, or technology 
from any other country on or after August 4, 1977, unless before such 
delivery--
        (1) the supplying country and receiving country have reached 
    agreement to place all such equipment, materials, or technology, 
    upon delivery, under multilateral auspices and management when 
    available; and
        (2) the recipient country has entered into an agreement with the 
    International Atomic Energy Agency to place all such equipment, 
    materials, technology, and all nuclear fuel and facilities in such 
    country under the safeguards system of such Agency.

(b) Certification by President of necessity of continued assistance; 
        disapproval by Congress

    (1) Notwithstanding subsection (a) of this section, the President 
may furnish assistance which would otherwise be prohibited under such 
subsection if he determines and certifies in writing to the Speaker of 
the House of Representatives and the Committee on Foreign Relations of 
the Senate that--
        (A) the termination of such assistance would have a serious 
    adverse effect on vital United States interests; and
        (B) he has received reliable assurances that the country in 
    question will not acquire or develop nuclear weapons or assist other 
    nations in doing so.

Such certification shall set forth the reasons supporting such 
determination in each particular case.
    (2)(A) A certification under paragraph (1) of this subsection shall 
take effect on the date on which the certification is received by the 
Congress. However, if, within thirty calendar days after receiving this 
certification, the Congress enacts a joint resolution stating in 
substance that the Congress disapproves the furnishing of assistance 
pursuant to the certification, then upon the enactment of that 
resolution the certification shall cease to be effective and all 
deliveries of assistance furnished under the authority of that 
certification shall be suspended immediately.
    (B) Any joint resolution under this paragraph shall be considered in 
the Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.

(Pub. L. 90-629, ch. 10, Sec. 101, as added Pub. L. 103-236, title VIII, 
Sec. 826(a), Apr. 30, 1994, 108 Stat. 515.)

                       References in Text

    The Foreign Assistance Act of 1961, referred to in subsec. (a), is 
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is 
classified principally to chapter 32 (Sec. 2151 et seq.) of this title. 
Chapters 4 and 6 of part II of the Act are classified generally to parts 
IV (Sec. 2346 et seq.) and VI (Sec. 2348 et seq.), respectively, of 
subchapter II of chapter 32 of this title. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.
    Section 601(b) of the International Security Assistance and Arms 
Export Control Act of 1976, referred to in subsec. (b)(2)(B), is section 
601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat. 765, which 
is not classified to the Code.


    References to Sections 2429 and 2429a of This Title Deemed To Be 
        References to Sections 2799aa and 2799aa-1 of This Title

    Section 826(c) of Pub. L. 103-236 provided that: ``Any reference in 
law as of the date of enactment of this Act [Apr. 30, 1994] to section 
669 or 670 of the Foreign Assistance Act of 1961 [former 22 U.S.C. 2429, 
2429a] shall, after such date, be deemed to be a reference to section 
101 or 102, as the case may be, of the Arms Export Control Act [22 
U.S.C. 2799aa, 2799aa-1].''


                             Effective Date

    Subchapter effective 60 days after Apr. 30, 1994, see section 831 of 
Pub. L. 103-236, set out as a note under section 6301 of this title.


                           Waiver of Sanctions

    Sanctions contained in this section waived in certain regards with 
respect to India by Determination of President of the United States, No. 
2000-18, Mar. 16, 2000, 65 F.R. 16297, set out as a note under section 
2799aa-1 of this title.
    Sanctions contained in this section waived in certain regards with 
respect to India and Pakistan by Determination of President of the 
United States, No. 2000-4, Oct. 27, 1999, 64 F.R. 60649, set out as a 
note under section 2799aa-1 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2295a, 2295b, 2375 of this 
title.
