
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: 22USC6303]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
              CHAPTER 72--NUCLEAR PROLIFERATION PREVENTION
 
            SUBCHAPTER I--SANCTIONS FOR NUCLEAR PROLIFERATION
 
Sec. 6303. Prohibition on assisting nuclear proliferation 
        through provision of financing
        

(a) ``Prohibited activity'' defined

    For 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

    To the extent that the United States has jurisdiction to prohibit 
such activity by such person, no United States person and no foreign 
person may engage in any prohibited activity.

(c) Presidential determination and order with respect to United States 
        and foreign persons

    If the President determines,,\1\ that a United States person or a 
foreign person has engaged in a prohibited activity (without regard to 
whether subsection (b) of this section applies), the President shall, by 
order, impose the sanctions described in subsection (d) of this section 
on such person.
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    \1\ So in original.
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(d) Sanctions

    The following sanctions shall be imposed pursuant to any order 
issued under subsection (c) of this section with respect to any United 
States person or any foreign person:

              (1) Ban on dealings in Government finance

        (A) Designation as primary dealer

            Neither the Board of Governors of the Federal Reserve System 
        nor the Federal Reserve Bank of New York may designate, or 
        permit the continuation of any prior designation of, the person 
        as a primary dealer in United States Government debt 
        instruments.

        (B) Service as depositary

            The person may not serve as a depositary for United States 
        Government funds.

                   (2) Restrictions on operations

        The 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

        If the President makes a determination under subsection (c) of 
    this section with respect to a foreign person, the Congress urges 
    the President to initiate consultations immediately with any 
    appropriate foreign government with respect to the imposition of any 
    sanction pursuant to this section.

              (2) Actions by government of jurisdiction

        (A) Suspension of period for imposing sanctions

            In order to pursue consultations described in paragraph (1) 
        with any government referred to in such paragraph, the President 
        may delay, for up to 90 days, the effective date of an order 
        under subsection (c) of this section imposing any sanction.

        (B) Coordination with activities of foreign government

            Following consultations described in paragraph (1), the 
        order issued by the President under subsection (c) of this 
        section imposing any sanction on a foreign person shall take 
        effect unless the President determines, and certifies in writing 
        to the Congress, that the government referred to in paragraph 
        (1) has taken specific and effective actions, including the 
        imposition of appropriate penalties, to terminate the 
        involvement of the foreign person in any prohibited activity.

        (C) Extension of period

            After the end of the period described in subparagraph (A), 
        the President may delay, for up to an additional 90 days, the 
        effective date of an order issued under subsection (b) of this 
        section imposing any sanction on a foreign person if the 
        President determines, and certifies in writing to the Congress, 
        that the appropriate foreign government is in the process of 
        taking actions described in subparagraph (B).

                       (3) Report to Congress

        Before the end of the 90-day period beginning on the date on 
    which an order is issued under subsection (c) of this section, 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 sanctions

    Any sanction imposed on any person pursuant to an order issued under 
subsection (c) of this section 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

    The President may waive the continued application of any sanction 
imposed on any person pursuant to an order issued under subsection (c) 
of this section 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 the safety and soundness of the domestic or 
international financial system or on domestic or international payments 
systems.

(h) Enforcement action

    The 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) of this section; or
        (2) any order issued pursuant to subsection (c) of this section.

(i) ``Knowingly'' defined

                           (1) In general

        For 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

        If knowledge of the existence of a particular circumstance is 
    required for an offense, such knowledge is established if a person 
    is aware of a high probability of the existence of such 
    circumstance, unless the person actually believes that such 
    circumstance does not exist.

(j) Scope of application

    This section shall apply with respect to prohibited activities which 
occur on or after the date this subchapter takes effect.

(Pub. L. 103-236, title VIII, Sec. 824, Apr. 30, 1994, 108 Stat. 512; 
Pub. L. 104-164, title I, Sec. 157(b), July 21, 1996, 110 Stat. 1440.)

                       References in Text

    For the date this subchapter takes effect, referred to in subsec. 
(j), as 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103-236, 
set out as an Effective Date note under section 6301 of this title.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-164, Sec. 157(b)(1), struck out ``in 
writing after opportunity for a hearing on the record'' after ``If the 
President determines,''.
    Subsec. (e). Pub. L. 104-164, Sec. 157(b)(2), (3), redesignated 
subsec. (f) as (e) and struck out heading and text of former subsec. 
(e). Text read as follows: ``Any determination of the President under 
subsection (c) of this section shall be subject to judicial review in 
accordance with chapter 7 of part I of title 5.''
    Subsecs. (f) to (k). Pub. L. 104-164, Sec. 157(b)(3), redesignated 
subsecs. (g) to (k) as (f) to (j), respectively. Former subsec. (f) 
redesignated (e).

                  Section Referred to in Other Sections

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