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22 U.S.C. § 8006 — MTCR adherent status

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8006 — MTCR adherent status

Congress finds that India is not an MTCR adherent for the purposes of [section 2797b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797b&num=0&edition=prelim).

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Source location: Title 22, Chapter 87, § 8006; chapter-087-united-states-and-india-nuclear-cooperation.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2797b — Transfers of missile equipment or technology by foreign persons

**(a) Sanctions** (1) Subject to subsections (c) through (g),11 See References in Text note below. if the President determines that a foreign person, after November 5, 1990, knowingly— (A) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter, (B) conspires to or attempts to engage in such export, transfer, or trade, or (C) facilitates such export, transfer, or trade by any other person, or if the President has made a determination with respect to a foreign person under [section 4612(b)(1) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4612/b/1&num=0&edition=prelim), then the President shall impose on that foreign person the applicable sanctions under paragraph (2). (2) The sanctions which apply to a foreign person under paragraph (1) are the following: (A) If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years— (i) United States Government contracts relating to missile equipment or technology; and (ii) licenses for the transfer to such foreign person of missile equipment or technology controlled under this chapter. (B) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years— (i) all United States Government contracts with such foreign person; and (ii) licenses for the transfer to such foreign p

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8006 — MTCR adherent status

Page 2035 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8007 ment requiring the application of IAEA safeguards in perpetuity in accordance with IAEA standards, prin- ciples, and practices (including IAEA Board of Gov- ernors Document GOV/1621 (1973)) to India’s civil nu- clear facilities, materials, and programs as declared in the plan described in paragraph (1), including materials used in or produced through the use of India’s civil nu- clear facilities; 3. India and the IAEA are making substantial progress toward concluding an Additional Protocol con- sistent with IAEA principles, practices, and policies that would apply to India’s civil nuclear program; 4. India is working actively with the United States for the early conclusion of a multilateral treaty on the cessation of the production of fissile materials for use in nuclear weapons or other nuclear explosive devices; 5. India is working with and supporting United States and international efforts to prevent the spread of en- richment and reprocessing technology to any state that does not already possess full-scale, functioning enrich- ment or reprocessing plants; 6. India is taking the necessary steps to secure nu- clear and other sensitive materials and technology, in- cluding through (A) the enactment and effective en- forcement of comprehensive export control legislation and regulations; (B) harmonization of its export control laws, regulations, policies, and practices with the guidelines and practices of the Missile Technology Con- trol Regime (MTCR) and the Nuclear Suppliers Group (NSG); and (C) adherence to the MTCR and the NSG in accordance with the procedures of those regimes for unilateral adherence; and 7. The NSG has decided by consensus to permit sup- ply to India of nuclear items c

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