Sec. 9202. Prohibition on assistance to governments that transfer nuclear reprocessing equipment, materials, or technology or nuclear explosive devices
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No foreign assistance may be provided, and no loans or credit by a United States bank or financial institution extended, no goods subject to licensing by the United States for national security or foreign policy reasons exported, and no support by the United States given for any loan or financial or technical assistance by an international financial institution, to a government which the President determines— transfers to a non-nuclear-weapon state a nuclear explosive device, or any design information or component which is determined by the President to be important to, and known by the transferring government to be intended by the recipient state for use in, the development or manufacture of any nuclear explosive device; is a non-nuclear-weapon state and— receives a nuclear explosive device; detonates a nuclear explosive device; seeks and receives any design information or component which is determined by the President to be important to, and intended by the recipient state for use in, the development or manufacture of any nuclear explosive device; or 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 country to manufacture a nuclear explosive device, if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of a nuclear explosive device, or delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technology from any other country, on or after August 4, 1977.
For purposes of paragraph (1)(B)(4), an export (or attempted export) by a person who is an agent of, or is otherwise acting on behalf of or in the interests of, a country shall be considered to be an export (or attempted export) by that country. The prohibitions under subsection
(a)shall not apply— to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities); to medicines, medical equipment, and humanitarian assistance; or to any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity. Assistance prohibited by subsection
(a)may be provided to a government described in that subsection if the President determines and certifies to the appropriate congressional committees that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. Assistance prohibited by subsection (a)(1)(B)(ii) may be provided to a foreign government described in that subsection if the President determines and certifies to the appropriate congressional committees that the government has taken a significant compensatory nonproliferation action, such as the declaration of an unlimited moratorium on further nuclear detonations, the signature and entry-into-force of a legally binding international instrument prohibiting the production of additional fissile nuclear material, or similar action. A certification under paragraph
(1)or
(2)shall not take effect until 30 days of continuous session of Congress have elapsed after its submission. For purposes of this paragraph, continuity of session of Congress is broken only by an adjournment of Congress sine die and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. The President may not delegate or transfer the President’s power, authority, or discretion to make or modify determinations under this subsection. A waiver under subsection
(c)of a determination under subsection
(a)shall cease to be effective if Congress enacts a joint resolution disapproving the proposed waiver. For the purposes of paragraph (1), the term joint resolution means only a joint resolution introduced not later than 30 days of continuous session of Congress (as described in subsection (c)(3)) after receipt of a certification under subsection (c), the matter after the resolving clause of which is as follows: That the proposed waiver under section 9202(c) of the Global Partnerships Act of 2013 is hereby prohibited. . A joint resolution described in paragraph
(2)and introduced within the appropriate 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. In this section— the term non-nuclear-weapon state has the meaning given the term in section 830(5) of the Nuclear Proliferation Prevention Act of 1994 ( 22 U.S.C. 6305(5) ); and the term nuclear explosive device has the meaning given that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)).
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Sec. 9202
Prohibition on assistance to governments that transfer nuclear reprocessing equipment, materials, or technology or nuclear explosive devices
Pub. L.Pub. L. 98-473
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