
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6301]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
              CHAPTER 72--NUCLEAR PROLIFERATION PREVENTION
 
            SUBCHAPTER I--SANCTIONS FOR NUCLEAR PROLIFERATION
 
Sec. 6301. Imposition of procurement sanction on persons 
        engaging in export activities that contribute to proliferation
        

(a) Determination by President

                           (1) In general

        Except as provided in subsection (b)(2) of this section, the 
    President shall impose the sanction described in subsection (c) of 
    this section if the President determines in writing that, on or 
    after the effective date of this subchapter, a foreign person or a 
    United States person has materially and with requisite knowledge 
    contributed, through the export from the United States or any other 
    country of any goods or technology (as defined in section 6305(2) of 
    this title), to the efforts by any individual, group, or non-
    nuclear-weapon state to acquire unsafeguarded special nuclear 
    material or to use, develop, produce, stockpile, or otherwise 
    acquire any nuclear explosive device.

       (2) Persons against which the sanction is to be imposed

        The 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

        The sanction which is required to be imposed for activities 
    described in this subsection is in addition to any other sanction 
    which may be imposed for the same activities under any other 
    provision of law.

                           (4) Definition

        For purposes of this subsection, the term ``requisite 
    knowledge'' means situations in which a person ``knows'', as 
    ``knowing'' is defined in section 78dd-2 of title 15.

(b) Consultation with and actions by foreign government of jurisdiction

                          (1) Consultations

        If the President makes a determination described in subsection 
    (a)(1) of this section with respect to a foreign person, the 
    Congress urges the President to initiate consultations immediately 
    with the government with primary jurisdiction over that foreign 
    person with respect to the imposition of the sanction pursuant to 
    this section.

              (2) Actions by government of jurisdiction

        In order to pursue such consultations with that government, the 
    President may delay imposition of the sanction pursuant to this 
    section for up to 90 days. Following these consultations, the 
    President shall impose the sanction unless the President determines 
    and certifies in writing to the Congress that that government has 
    taken specific and effective actions, including appropriate 
    penalties, to terminate the involvement of the foreign person in the 
    activities described in subsection (a)(1) of this section. The 
    President may delay the imposition of the sanction for up to an 
    additional 90 days if the President determines and certifies in 
    writing to the Congress that that government is in the process of 
    taking the actions described in the preceding sentence.

                       (3) Report to Congress

        Not later than 90 days after making a determination under 
    subsection (a)(1) of this section, the President shall submit to the 
    Committee on Foreign Relations and the Committee on Governmental 
    Affairs of the Senate and the Committee on Foreign Affairs of the 
    House of Representatives a report on the status of consultations 
    with the appropriate government under this subsection, and the basis 
    for any determination under paragraph (2) of this subsection that 
    such government has taken specific corrective actions.

(c) Sanction

                     (1) Description of sanction

        The sanction to be imposed pursuant to subsection (a)(1) of this 
    section is, except as provided in paragraph (2) of this subsection, 
    that the United States Government shall not procure, or enter into 
    any contract for the procurement of, any goods or services from any 
    person described in subsection (a)(2) of this section.

                           (2) Exceptions

        The 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

    Upon the request of any person, the Secretary of State may, in 
consultation with the Secretary of Defense, issue in writing an advisory 
opinion to that person as to whether a proposed activity by that person 
would subject that person to the sanction under this section. Any person 
who relies in good faith on such an advisory opinion which states that 
the proposed activity would not subject a person to such sanction, and 
any person who thereafter engages in such activity, may not be made 
subject to such sanction on account of such activity.

(e) Termination of sanction

    The 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) of this section 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) of this section.

(f) Waiver

                      (1) Criterion for waiver

        The President may waive the application of the sanction imposed 
    on any person pursuant to this section, after the end of the 12-
    month period beginning on the date on which that sanction was 
    imposed on that person, if the President determines and certifies in 
    writing to the Congress that the continued imposition of the 
    sanction would have a serious adverse effect on vital United States 
    interests.

             (2) Notification of and report to Congress

        If the President decides to exercise the waiver authority 
    provided in paragraph (1), the President shall so notify the 
    Congress not less than 20 days before the waiver takes effect. Such 
    notification shall include a report fully articulating the rationale 
    and circumstances which led the President to exercise the waiver 
    authority.

(Pub. L. 103-236, title VIII, Sec. 821, Apr. 30, 1994, 108 Stat. 508.)

                       References in Text

    For the effective date of this subchapter, referred to in subsec. 
(a)(1), as 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103-
236, set out as an Effective Date note below.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                             Effective Date

    Section 831 of Pub. L. 103-236 provided that: ``The provisions of 
this part [part B (Secs. 821-831) of title VIII of Pub. L. 103-236, 
enacting this subchapter and sections 2799aa to 2799aa-2 of this title, 
amending sections 262d, 2295a, 2295b, 2375, 2429a-1, 2593a, 2708, 2753, 
and 2780 of this title, section 635 of Title 12, Banks and Banking, and 
section 2160c of Title 42, The Public Health and Welfare, repealing 
sections 2429 and 2429a of this title, and enacting provisions set out 
as a note under section 2799aa of this title], and the amendments made 
by this part, shall take effect 60 days after the date of the enactment 
of this Act [Apr. 30, 1994].''


                               Short Title

    Section 801 of title VIII of Pub. L. 103-236 provided that: ``This 
title [enacting this chapter and sections 2799aa to 2799aa-2 of this 
title, amending sections 262d, 2295a, 2295b, 2375, 2429a-1, 2593a, 2708, 
2753, 2780, and 3281 of this title, section 635 of Title 12, Banks and 
Banking, and section 2160c of Title 42, The Public Health and Welfare, 
repealing sections 2429 and 2429a of this title, and enacting provisions 
set out as notes under this section and section 2799aa of this title] 
may be cited as the `Nuclear Proliferation Prevention Act of 1994'.''


        Termination Upon Enactment of Next Foreign Relations Act

    Section 851 of Pub. L. 103-236, which provided that on date of 
enactment of first Foreign Relations Authorization Act that was enacted 
after enactment of Pub. L. 103-236, the provisions of parts A (amending 
section 3281 of this title) and B (see Effective Date note above) of 
title VIII of Pub. L. 103-236 were to cease to be effective, the 
amendments made by those parts were to be repealed, and any provision of 
law repealed by those parts was to be reenacted, was itself repealed by 
Pub. L. 104-164, title I, Sec. 157(a), July 21, 1996, 110 Stat. 1440.

                  Section Referred to in Other Sections

    This section is referred to in section 3281 of this title.
