§ 6301. — Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
