§ 2799aa-1. — Nuclear reprocessing transfers, illegal exports for nuclear explosive devices, transfers of nuclear explosive devices, and nuclear detonations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2799aa-1]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER X--NUCLEAR NONPROLIFERATION CONTROLS
Sec. 2799aa-1. Nuclear reprocessing transfers, illegal exports
for nuclear explosive devices, transfers of nuclear explosive
devices, and nuclear detonations
(a) Prohibitions on assistance to countries involved in transfer of
nuclear reprocessing equipment, materials, or technology;
exceptions; procedures applicable
(1) Except as provided in paragraph (2) of this subsection, 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--
(A) delivers nuclear reprocessing 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 (except for the transfer of
reprocessing technology associated with the investigation, under
international evaluation programs in which the United States
participates, of technologies which are alternatives to pure
plutonium reprocessing), or
(B) is a non-nuclear-weapon state which, on or after August 8,
1985, exports illegally (or attempts to export illegally) from the
United States any material, equipment, or technology which would
contribute significantly to the ability of such country to
manufacture a nuclear explosive device, if the President determines
that the material, equipment, or technology was to be used by such
country in the manufacture of a nuclear explosive device.
For purposes of clause (B), an export (or attempted export) by a person
who is an agent of, or is otherwise acting on behalf of or in the
interests of, a country shall be considered to be an export (or
attempted export) by that country.
(2) Notwithstanding paragraph (1) of this subsection, the President
in any fiscal year may furnish assistance which would otherwise be
prohibited under that paragraph if he determines and certifies in
writing during that fiscal year to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
that the termination of such assistance would be seriously prejudicial
to the achievement of United States nonproliferation objectives or
otherwise jeopardize the common defense and security. The President
shall transmit with such certification a statement setting forth the
specific reasons therefor.
(3)(A) A certification under paragraph (2) of this subsection shall
take effect on the date on which the certification is received by the
Congress. However, if, within 30 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.
(b) Prohibitions on assistance to countries involved in transfer or use
of nuclear explosive devices; exceptions; procedures applicable
(1) Except as provided in paragraphs (4), (5), and (6), in the event
that the President determines that any country, after the effective date
of part B of the Nuclear Proliferation Prevention Act of 1994--
(A) transfers to a non-nuclear-weapon state a nuclear explosive
device,
(B) is a non-nuclear-weapon state and either--
(i) receives a nuclear explosive device, or
(ii) detonates a nuclear explosive device,
(C) transfers to a non-nuclear-weapon state any design
information or component which is determined by the President to be
important to, and known by the transferring country to be intended
by the recipient state for use in, the development or manufacture of
any nuclear explosive device, or
(D) is a non-nuclear-weapon state and seeks and receives any
design information or component which is determined by the President
to be important to, and intended by the recipient state for use in,
the development or manufacture of any nuclear explosive device,
then the President shall forthwith report in writing his determination
to the Congress and shall forthwith impose the sanctions described in
paragraph (2) against that country.
(2) The sanctions referred to in paragraph (1) are as follows:
(A) The United States Government shall terminate assistance to
that country under the Foreign Assistance Act of 1961 [22 U.S.C.
2151 et seq.], except for humanitarian assistance or food or other
agricultural commodities.
(B) The United States Government shall terminate--
(i) sales to that country under this chapter of any defense
articles, defense services, or design and construction services,
and
(ii) licenses for the export to that country of any item on
the United States Munitions List.
(C) The United States Government shall terminate all foreign
military financing for that country under this chapter.
(D) The United States Government shall deny to that country any
credit, credit guarantees, or other financial assistance by any
department, agency, or instrumentality of the United States
Government, except that the sanction of this subparagraph shall not
apply--
(i) to any transaction subject to the reporting requirements
of title V of the National Security Act of 1947 [50 U.S.C. 413
et seq.] (relating to congressional oversight of intelligence
activities),
(ii) to medicines, medical equipment, and humanitarian
assistance, or
(iii) to any credit, credit guarantee, or financial
assistance provided by the Department of Agriculture to support
the purchase of food or other agricultural commodity.
(E) The United States Government shall oppose, in accordance
with section 262d of this title, the extension of any loan or
financial or technical assistance to that country by any
international financial institution.
(F) The United States Government shall prohibit any United
States bank from making any loan or providing any credit to the
government of that country, except for loans or credits for the
purpose of purchasing food or other agricultural commodities, which
includes fertilizer.
(G) The authorities of section 2405 of title 50, Appendix, shall
be used to prohibit exports to that country of specific goods and
technology (excluding food and other agricultural commodities),
except that such prohibition shall not apply to any transaction
subject to the reporting requirements of title V of the National
Security Act of 1947 [50 U.S.C. 413 et seq.] (relating to
congressional oversight of intelligence activities).
(3) As used in this subsection--
(A) the term ``design information'' means specific information
that relates to the design of a nuclear explosive device and that is
not available to the public; and
(B) the term ``component'' means a specific component of a
nuclear explosive device.
(4)(A) Notwithstanding paragraph (1) of this subsection, the
President may, for a period of not more than 30 days of continuous
session, delay the imposition of sanctions which would otherwise be
required under paragraph (1)(A) or (1)(B) of this subsection if the
President first transmits to the Speaker of the House of
Representatives, and to the chairman of the Committee on Foreign
Relations of the Senate, a certification that he has determined that an
immediate imposition of sanctions on that country would be detrimental
to the national security of the United States. Not more than one such
certification may be transmitted for a country with respect to the same
detonation, transfer, or receipt of a nuclear explosive device.
(B) If the President transmits a certification to the Congress under
subparagraph (A), a joint resolution which would permit the President to
exercise the waiver authority of paragraph (5) of this subsection shall,
if introduced in either House within thirty days of continuous session
after the Congress receives this certification, be considered in the
Senate in accordance with subparagraph (C) of this paragraph.
(C) 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.
(D) For purposes of this paragraph, the term ``joint resolution''
means a joint resolution the matter after the resolving clause of which
is as follows: ``That the Congress having received on __ a certification
by the President under section 102(b)(4) of the Arms Export Control Act
with respect to __, the Congress hereby authorizes the President to
exercise the waiver authority contained in section 102(b)(5) of that
Act.'', with the date of receipt of the certification inserted in the
first blank and the name of the country inserted in the second blank.
(5) Notwithstanding paragraph (1) of this subsection, if the
Congress enacts a joint resolution under paragraph (4) of this
subsection, the President may waive any sanction which would otherwise
be required under paragraph (1)(A) or (1)(B) 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 the imposition of
such sanction would be seriously prejudicial to the achievement of
United States nonproliferation objectives or otherwise jeopardize the
common defense and security. The President shall transmit with such
certification a statement setting forth the specific reasons therefor.
(6)(A) In the event the President is required to impose sanctions
against a country under paragraph (1)(C) or (1)(D), the President shall
forthwith so inform such country and shall impose the required sanctions
beginning 30 days after submitting to the Congress the report required
by paragraph (1) unless, and to the extent that, there is enacted during
the 30-day period a law prohibiting the imposition of such sanctions.
(B) Notwithstanding any other provision of law, the sanctions which
are required to be imposed against a country under paragraph (1)(C) or
(1)(D) shall not apply if the President determines and certifies in
writing 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 that the application of such sanctions
against such country would have a serious adverse effect on vital United
States interests. The President shall transmit with such certification a
statement setting forth the specific reasons therefor.
(7) For purposes of this subsection, continuity of session is broken
only by an adjournment of Congress sine die and the days on which either
House is not in session because of an adjournment of more than three
days to a day certain are excluded in the computation of any period of
time in which Congress is in continuous session.
(8) The President may not delegate or transfer his power, authority,
or discretion to make or modify determinations under this subsection.
(c) ``Non-nuclear-weapon state'' defined
As used in this section, the term ``non-nuclear-weapon state'' means
any country which is not a nuclear-weapon state, as defined in Article
IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons.
(Pub. L. 90-629, ch. 10, Sec. 102, as added Pub. L. 103-236, title VIII,
Sec. 826(a), Apr. 30, 1994, 108 Stat. 516; amended Pub. L. 105-194,
Sec. 2(a)-(c), July 14, 1998, 112 Stat. 627.)
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1)
and (b)(2)(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 subsecs. (a)(3)(B) and
(b)(4)(C), is section 601(b) of Pub. L. 94-329, title VI, June 30, 1976,
90 Stat. 765, which is not classified to the Code.
For effective date of part B of the Nuclear Proliferation Prevention
Act of 1994 [part B of title VIII of Pub. L. 103-236], referred to in
subsec. (b)(1), 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.
The National Security Act of 1947, as amended, referred to in
subsec. (b)(2)(D)(i), (G), is act July 26, 1947, ch. 343, 61 Stat. 495,
as amended. Title V of the Act is classified generally to subchapter III
(Sec. 413 et seq.) of chapter 15 of Title 50, War and National Defense.
For complete classification of this Act to the Code, see Short Title
note set out under section 401 of Title 50 and Tables.
Section 102 of the Arms Export Control Act, referred to in subsec.
(b)(4)(D), is classified to this section.
Amendments
1998--Subsec. (b)(2)(D)(ii). Pub. L. 105-194, Sec. 2(c), inserted
``medicines, medical equipment, and'' after ``to''.
Subsec. (b)(2)(D)(iii). Pub. L. 105-194, Sec. 2(a), added cl. (iii).
Subsec. (b)(2)(F). Pub. L. 105-194, Sec. 2(b), inserted ``, which
includes fertilizer'' before period at end.
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 of 1998 Amendment
Pub. L. 105-194, Sec. 2(d), July 14, 1998, 112 Stat. 627, provided
that: ``The amendment made by subsection (a)(3) [amending this section]
shall apply to any credit, credit guarantee, or other financial
assistance provided by the Department of Agriculture before, on, or
after the date of enactment of this Act [July 14, 1998] through
September 30, 1999.''
Exemption for Rhinoceros, Tiger, Asian Elephant, and Great Ape
Conservation Programs
Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 421, provided in
part: ``That funds made available under this Act [see Tables for
classification], Public Law 106-291 [see Tables for classification], and
Public Law 106-554 [see Tables for classification] and hereafter in
annual appropriations Acts for rhinoceros, tiger, Asian elephant, and
great ape conservation programs are exempt from any sanctions imposed
against any country under section 102 of the Arms Export Control Act (22
U.S.C. 2799aa-1).''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 927.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
113 Stat. 1535, 1501A-141.
Waiver of Certain Sanctions Against India and Pakistan
Pub. L. 106-79, title IX, Sec. 9001, Oct. 25, 1999, 113 Stat. 1283,
as amended by Pub. L. 107-228, div. B, title XIV, Sec. 1405(b), Sept.
30, 2002, 116 Stat. 1458, provided that:
``(a) Waiver Authority.--Except as provided in subsections (b) and
(c) of this section, the President may waive, with respect to India and
Pakistan, the application of any sanction contained in section 101 or
102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C.
2799aa-1), section 2(b)(4) of the Export Import Bank Act of 1945 (12
U.S.C. 635(b)(4)), or section 620E(e) of the Foreign Assistance Act of
1961, as amended, (22 U.S.C. 2375(e)).
``(b) Exception.--The authority to waive the application of a
sanction or prohibition (or portion thereof) under subsection (a) shall
not apply with respect to a sanction or prohibition contained in
subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export
Control Act [22 U.S.C. 2799aa-1(b)(2)(B), (C), (G)], unless the
President determines, and so certifies to the Congress, that the
application of the restriction would not be in the national security
interests of the United States.
``(c) Termination of Waiver.--The President may not exercise the
authority of subsection (a), and any waiver previously issued under
subsection (a) shall cease to apply, with respect to India or Pakistan,
if that country detonates a nuclear explosive device after the date of
the enactment of this Act [Oct. 25, 1999] or otherwise takes such action
which would cause the President to report pursuant to section 102(b)(1)
of the Arms Export Control Act [22 U.S.C. 2799aa-1(b)(1)].
``(d) Targeted Sanctions.--
``(1) Sense of the congress.--
``(A) it is the sense of the Congress that the broad
application of export controls to nearly 300 Indian and
Pakistani entities is inconsistent with the specific national
security interests of the United States and that this control
list requires refinement; and
``(B) export controls should be applied only to those Indian
and Pakistani entities that make direct and material
contributions to weapons of mass destruction and missile
programs and only to those items that can contribute to such
programs.
``(2) Reporting requirement.--Not later than 60 days after the
date of the enactment of this Act [Oct. 25, 1999], the President
shall submit both a classified and unclassified report to the
appropriate congressional committees listing those Indian and
Pakistani entities whose activities contribute to missile programs
or weapons of mass destruction programs.
``(e) Congressional Notification.--The issuance of a license for
export of a defense article, defense service, or technology under the
authority of this section shall be subject to the same requirements as
are applicable to the export of items described in section 36(c) of the
Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal
of information and the application of congressional review procedures.
The application of these requirements shall be subject to the dollar
amount thresholds specified in that section.
``(f) Repeal.--[Repealed section 101(a) [title IX] of div. A of Pub.
L. 105-277, formerly set out below.]''
India-Pakistan Relief
Pub. L. 105-277, div. A, Sec. 101(a) [title IX], Oct. 21, 1998, 112
Stat. 2681, 2681-40, known as the India-Pakistan Relief Act, provided
for a one-year waiver of certain sanctions against India and Pakistan
under the Arms Export Control Act, prior to repeal by Pub. L. 106-79,
title IX, Sec. 9001(f), Oct. 25, 1999, 113 Stat. 1284, effective Oct.
21, 1999.
Effect on Existing Sanctions
Pub. L. 105-194, Sec. 2(e), July 14, 1998, 112 Stat. 627, provided
that: ``Any sanction imposed under section 102(b)(1) of the Arms Export
Control Act [subsec. (b)(1) of this section] before the date of the
enactment of this Act [July 14, 1998] shall cease to apply upon that
date with respect to the items described in the amendments made by
subsections (b) and (c) [amending this section]. In the case of the
amendment made by subsection (a)(3) [amending this section], any
sanction imposed under section 102(b)(1) of the Arms Export Control Act
before the date of the enactment of this Act shall not be in effect
during the period beginning on that date and ending on September 30,
1999, with respect to the activities and items described in the
amendment.''
Sanctions Against India for Detonation of a Nuclear Explosive Device
Determination of President of the United States, No. 98-22, May 13,
1998, 63 F.R. 27665, provided a determination that India, a non-nuclear-
weapon state, detonated a nuclear explosive device on May 11, 1998, and
imposed sanctions described in subsec. (b)(2) of this section.
Sanctions Against Pakistan for Detonation of a Nuclear Explosive Device
Determination of President of the United States, No. 98-25, May 30,
1998, 63 F.R. 31881, provided a determination that Pakistan, a non-
nuclear-weapon state, detonated a nuclear explosive device on May 28,
1998, and imposed sanctions described in subsec. (b)(2) of this section.
Waiver of Certain Sanctions Against India and Pakistan
Provisions relating to waiver of sanctions against India and
Pakistan consistent with section 9001 of Pub. L. 106-79, set out as a
note above, or section 101(a) [title IX, Sec. 902] of Pub. L. 105-277,
formerly set out in a note above, were contained in the following:
Determination of President of the United States, No. 2001-28, Sept.
22, 2001, 66 F.R. 50095.
Determination of President of the United States, No. 2001-23, Aug.
9, 2001, 66 F.R. 44521.
Determination of President of the United States, No. 2001-11, Jan.
19, 2001, 66 F.R. 8503.
Determination of President of the United States, No. 2000-18, Mar.
16, 2000, 65 F.R. 16297.
Determination of President of the United States, No. 2000-4, Oct.
27, 1999, 64 F.R. 60649.
Determination of President of the United States, No. 99-7, Dec. 1,
1998, 34 Weekly Compilation of Presidential Documents 2402, Dec. 7,
1998.
Section Referred to in Other Sections
This section is referred to in sections 2295a, 2295b, 3281 of this
title.
