Sec. 9201. Prohibition on assistance to governments that transfer nuclear enrichment equipment, materials, or technology
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No foreign assistance may be provided to a foreign government which the Secretary determines has delivered or received nuclear enrichment equipment, materials, or technology to or from any other country on or after August 4, 1977. The prohibition in subsection
(a)shall not apply with respect to a foreign government if— the receiving country had not been designated as a state sponsor of terrorism before delivery of such equipment, materials, or technology; the supplying and receiving countries have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; the transfers of all such equipment, materials, or technology occur in compliance with the Guidelines of the Nuclear Suppliers Group; and the receiving country has entered into an agreement with the International Atomic Energy Agency
(IAEA)to place all such equipment, materials, technology, and all nuclear fuel and facilities in the country under the safeguards system of the IAEA, and is complying with such agreement. A determination of the Secretary under subsection
(a)shall remain in effect until rescinded. A determination of the Secretary under subsection
(a)with respect to a foreign government may not be rescinded unless the President submits to the appropriate congressional committees a report certifying that— there has been a fundamental change in the leadership and policies of the government; or the government has entered into an agreement with the IAEA to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of the IAEA, and is complying with such agreement. A determination made under subsection
(a)or a report submitted under subsection
(d)shall be published in the Federal Register and made available on the Internet website of the Department of State. The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of governments for which determinations under subsection
(a)are currently in effect. Assistance prohibited by subsection
(a)may be provided to a foreign government described in that subsection if, at least 15 days before providing such assistance, the President certifies and reports to the appropriate congressional committees that— the termination of such assistance would have a serious adverse effect on vital United States interests; and the President has received reliable assurances that the government— if a government of a non-nuclear weapon state— will not acquire or develop nuclear weapons or assist other countries in doing so; and will ensure that all past and future transfers of such equipment, materials, or technology shall be placed under an appropriate safeguards system by the IAEA; and has taken or will take effective measures to ensure any future transfers of such equipment, materials, or technology are made in accordance with the Guidelines of the Nuclear Suppliers Group. A rescission under subsection
(d)or waiver under subsection
(g)of a determination under subsection
(a)shall cease to be effective if Congress enacts a joint resolution disapproving the proposed rescission or waiver. For the purposes of paragraph (1), the term joint resolution means only a joint resolution introduced not later than 30 days after the date of receipt of a report under subsection
(d)or (g), as the case may be, the matter after the resolving clause of which is as follows: That the proposed _____ submitted to Congress on _____ under section 9201 of the Global Partnerships Act of 2013 is hereby prohibited. , with the first blank space being filled with rescission or waiver , as appropriate, and the second blank space being filled with the appropriate date. A joint resolution described in paragraph
(2)and introduced within the appropriate 30-day period shall be considered in the Senate and the House of Representatives in accordance with paragraphs
(3)through
(7)of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98–473 ), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively.
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- Pub. L. 98-473
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Sec. 9201
Prohibition on assistance to governments that transfer nuclear enrichment equipment, materials, or technology
Pub. L.Pub. L. 98-473
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