§ 2799aa. — Nuclear enrichment transfers.
[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]
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.
