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22 U.S.C. § 2799aa — Nuclear enrichment transfers
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
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Source file: Laws/federal/codes/united-states-code/title-22/section-2799aa-nuclear-enrichment-transfers--384d931d27.md
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Source location: Title 22, Chapter 39, § 2799aa; chapter-039-arms-export-control.md
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**(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 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, the Committee on Foreign Affairs 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.
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
**(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
**(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an
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Federal law — U.S. Code and appendices · legal_authorities
The President is authorized to furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. Such assistance may include reimbursement to the Department of Defense for expenses incurred pursuant to [section 287d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section287d-1&num=0&edition=prelim), except that such reimbursements may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section.
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
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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
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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).
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Federal law — U.S. Code and appendices · legal_authorities
**(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](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—
(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 c
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Federal law — U.S. Code and appendices · legal_authorities
Page 532
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151
Sec.
2394a.
Extortion and illegal payments to offi-
cials of foreign countries receiving
international security assistance.
2394b.
HELP Commission.
2394c.
Information on covered United States
foreign assistance programs.
2395.
General authorities.
2395a.
International
agreements
concerning
debt relief; transmittal to congres-
sional committees.
2396.
Availability of funds.
2396a.
Property Management Fund.
2396b.
USAID Buying Power Maintenance Ac-
count.
2397.
Administrative expenses.
2398.
Assistance to countries pursuant to
other statutes.
2399 to 2399a. Repealed or Transferred.
2399b.
False claims and ineligible commodities.
2399c.
Coordination of policies and programs.
2399d.
Shipping differential.
PART III—MISCELLANEOUS PROVISIONS
2401.
Effective date; identification of pro-
grams.
2402.
Saving provisions.
2403.
Definitions.
2404.
Unexpended balances.
2405.
Separability.
2406.
Development programs for dependable
fuel supplies.
2407.
Special authorization for use of foreign
currencies.
2408.
Repealed.
2409.
Use of United States Armed Forces.
2410, 2410a.
Repealed.
2411.
Limitation upon exercise of special au-
thorities.
2412.
Limitation on foreign assistance appro-
priations.
2413.
Changes in allocation of foreign assist-
ance.
2414.
Presidential findings and determina-
tions.
2414a.
Annual report to Congress on voting
practices at United Nations.
2415.
Annual military assistance report.
2416.
Annual foreign military training report.
2417 to 2419.
Repealed.
2420.
Police training prohibition.
2421.
Trade and Development Agency.
2421a.
Capital projects office within Agency for
International Development.
2421b.
Capital projects for
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
Page 804
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2345
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
§ 2345. Repealed. Pub. L. 90–629, ch. 4, § 45(a),
Oct. 22, 1968, 82 Stat. 1327
Section, Pub. L. 87–195, pt. II, § 525, formerly §§ 503(e),
509(b), as added Pub. L. 88–633, pt. II, § 201(a), (d), Oct.
7, 1964, 78 Stat. 1011; amended Pub. L. 89–171, pt. II,
§ 201(f), Sept. 6, 1965, 79 Stat. 657; renumbered § 525 and
amended Pub. L. 90–137, pt. II, § 201(b)(3), (i)(2), Nov. 14,
1967, 81 Stat. 455, 457, provided for guaranties until June
30, 1968. See section 2764 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1968, see section 41 of Pub. L.
90–629, set out as an Effective Date note under section
2751 of this title.
SAVINGS PROVISION
Determinations, authorizations, regulations, orders,
contracts, agreements, and other actions issued under-
taken, or entered into under authority of any provision
of former section 2345 of this title as continuing in full
force and effect until modified by appropriate author-
ity, see section 46 of Pub. L. 90–629, set out as a note
under former section 2341 of this title.
PART IV—ECONOMIC SUPPORT FUND
§ 2346. Authority
(a) Policy requirements for assistance
The Congress recognizes that, under special
economic, political, or security conditions, the
national interests of the United States may re-
quire economic support for countries or in
amounts which could not be justified solely
under part I of subchapter I of this chapter or,
in the case of countries in sub-Saharan Africa,
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