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22 U.S.C. § 6301 — Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination by President**
(1) **In general** — Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6305/2&num=0&edition=prelim)), 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
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Source file: Laws/federal/codes/united-states-code/title-22/section-6301-imposition-of-procurement-sanction-on-persons-engaging-in-export-activit--c7521b4ab0.md
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Source location: Title 22, Chapter 72, § 6301; chapter-072-nuclear-proliferation-prevention.md
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**(a) Determination by President**
(1) **In general** — Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6305/2&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78dd–2&num=0&edition=prelim).
**(b) Consultation with and actions by foreign government of jurisdiction**
(1) **Consultations** — If the President makes a determination described in subsection (a)(1) 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). 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), 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) 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).
(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) 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).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In addition to other applicable requirements—
(1) a license may be issued by the Nuclear Regulatory Commission under this chapter for the export of special nuclear material described in subsection (b); and
(2) approval may be granted by the Secretary of Energy under [section 2160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2160&num=0&edition=prelim) for the transfer of special nuclear material described in subsection (b);
only after the Secretary of Defense has been consulted on whether the physical protection of that material during the export or transfer will be adequate to deter theft, sabotage, and other acts of international terrorism which would result in the diversion of that material. If, in the view of the Secretary of Defense based on all available intelligence information, the export or transfer might be subject to a genuine terrorist threat, the Secretary shall provide to the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, his written assessment of the risk and a description of the actions the Secretary of Defense considers necessary to upgrade physical protection measures.
**(b)** Subsection (a) applies to the export or transfer of more than 2 kilograms of plutonium or more than 5 kilograms of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2160c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition** It shall be unlawful for any domestic concern, other than an issuer which is subject to [section 78dd–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78dd-1&num=0&edition=prelim), or for any officer, director, employee, or agent of such domestic concern or any stockholder thereof acting on behalf of such domestic concern, to make use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to—
(1) any foreign official for purposes of—
(A)
(i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or
(B) inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality,
in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person;
(2) any foreign political party or official thereof or any candidate for foreign political office for purposes of—
(A)
(i) influencing any act or decision of such party, official, or candidate in its or his official capacity, (ii) inducing such party, official, or candidate to do or omit to do an act in violation of the lawful duty of such party, official, or candidate, or (iii) securing any improper advantage; or
(B) inducing such party, official, or candidate to use its or his influence wit
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78dd–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions to be taken by President** The Congress hereby directs the President—
(1) to seek universal adherence to the Convention on the Physical Protection of Nuclear Material;
(2) to—
(A) conduct a review, enlisting the participation of all relevant departments and agencies of the Government, to determine whether the recommendations on Physical Protection of Nuclear Material published by the International Atomic Energy Agency are adequate to deter theft, sabotage, and the use of nuclear facilities and materials in acts of international terrorism, and
(B) transmit the results of this review to the Director-General of the International Atomic Energy Agency;
(3) to take, in concert with United States allies and other countries, such steps as may be necessary—
(A) to keep to a minimum the amount of weapons-grade nuclear material in international transit, and
(B) to ensure that when any such material is transported internationally, it is under the most effective means for adequately protecting it from acts or attempted acts of sabotage or theft by terrorist groups or nations; and
(4) to seek agreement in the United Nations Security Council to establish—
(A) an effective regime of international sanctions against any nation or subnational group which conducts or sponsors acts of international nuclear terrorism, and
(B) measures for coordinating responses to all acts of international nuclear terrorism, including measures for the recovery of stolen nuclear material and the clean-up of nuclear releases.
**(b) Reports to Congress** The President shall report to the Congress annually, in the reports required by [section 3281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3281&num=0&edition=prelim), on the prog
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3281
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General banking business; use of mails; publication of documents, reports, contracts, etc.; use of assets and allocated or borrowed money; payment of dividends; medium-term financing; dissemination of information; enhancement of medium-term program**
(1) There is created a corporation with the name Export-Import Bank of the United States, which shall be an agency of the United States of America. The objects and purposes of the Bank shall be to aid in financing and to facilitate exports of goods and services, imports, and the exchange of commodities and services between the United States or any of its territories or insular possessions and any foreign country or the agencies or nationals of any such country, and in so doing to contribute to the employment of United States workers. The Bank’s objective in authorizing loans, guarantees, insurance, and credits shall be to contribute to maintaining or increasing employment of United States workers. In connection with and in furtherance of its objects and purposes, the bank is authorized and empowered to do a general banking business except that of circulation; to receive deposits; to purchase, discount, rediscount, sell, and negotiate, with or without its endorsement or guaranty, and to guarantee notes, drafts, checks, bills of exchange, acceptances, including bankers’ acceptances, cable transfers, and other evidences of indebtedness; to guarantee, insure, coinsure, and reinsure against political and credit risks of loss; to purchase, sell, and guarantee securities but not to purchase with its funds any stock in any other corporation except that it may acquire any such stock through the enforcement of any lien or pledge or otherwise to satisfy a previously contracted indebtedness to it; to accept bills and drafts draw
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 635
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2348&num=0&edition=prelim) 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 th
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2799aa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In providing assistance under this part for the government of any independent state of the former Soviet Union, the President shall take into account not only relative need but also the extent to which that independent state is acting to—
(1) make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections;
(2) make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts);
(3) respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration;
(4) respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully;
(5) cooperate in seeking peaceful resolution of ethnic and regional conflicts;
(6) implement responsible security policies, including—
(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;
(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;
(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and
(D) restraining conventional weapons transfers;
(7) ta
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2295a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance through governments and nongovernmental organizations** Assistance under this part may be provided to governments or through nongovernmental organizations.
**(b) Technical and managerial assistance** Technical assistance under this part shall, to the maximum extent feasible, be provided on a long term, on-site basis and shall emphasize the provision of practical, management and other problem-solving advice, particularly advice on private enterprise provided by United States business volunteers.
**(c) Enterprise funds** Activities supported pursuant to this part may include the establishment of and the provision of support for one or more enterprise funds for the independent states of the former Soviet Union. If the President determines that an enterprise fund should be established and supported under this part, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 [[22 U.S.C. 5421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5421&num=0&edition=prelim)] (excluding the authorizations of appropriations provided in subsection (b) of that section) shall be deemed to apply with respect to such enterprise fund and to funds made available to such enterprise fund pursuant to this part.
**(d) Cooperative development and research projects** Assistance under this part may include support for cooperative development projects, including cooperative development research projects, among the United States, other countries, and independent states of the former Soviet Union.
**(e) Administration of justice programs** In order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)(J) of [section 2295 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2295b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional policy, findings, and goals** The Congress recognizes that Soviet forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices.
**(b) Reaffirmation of 1959 bilateral agreement** The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state.
**(c) Availability; defensive aspects of assistance** Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes.
**(d) Waiver of limitations respecting nuclear transfers** The President may waive the prohibitions of [section 2799aa of this title](https://uscode.house.gov/v
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2375
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2429, Pub. L. 87–195, pt. III, § 669, as added Pub. L. 94–329, title III, § 305, June 30, 1976, 90 Stat. 755; amended Pub. L. 95–92, § 12, Aug. 4, 1977, 91 Stat. 620; Pub. L. 95–384, §§ 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 97–113, title VII, § 737(b), Dec. 29, 1981, 95 Stat. 1562, related to nuclear enrichment transfers by or to recipients of economic, military or security supporting assistance from the United States. See [section 2799aa of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2799aa&num=0&edition=prelim).
Section 2429a, Pub. L. 87–195, pt. III, § 670, as added Pub. L. 95–92, § 12, Aug. 4, 1977, 91 Stat. 620; amended Pub. L. 95–384, §§ 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 97–113, title VII, § 737(c), Dec. 29, 1981, 95 Stat. 1562; Pub. L. 99–83, title XII, § 1204(a), (b), Aug. 8, 1985, 99 Stat. 277, prohibited assistance to countries involved in transfer of nuclear reprocessing equipment, materials, or technology. See [section 2799aa–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2799aa-1&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal by section 826(b) of Pub. L. 103–236 effective 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2429, 2429a
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