Sec. 9403. Prohibition on transactions with state sponsors of terrorism
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The following transactions by the United States Government are prohibited: Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection
(d)under the authority of this Act or any other law (except as provided in subsection (g)). In implementing this paragraph, the President— shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary makes the determination described in section 9401(a) with respect to the government of the country; and shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary makes that determination. Providing credits, guarantees, or other financial assistance under the authority of this Act or any other law (except as provided in subsection (g)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the President shall suspend expenditures pursuant to any such assistance obligated before the Secretary makes the determination described in section 9401(a) with respect to the government of the country. The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to Congress, that suspension of those expenditures causes undue financial hardship to a supplier, shipper, or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country. Consenting under this Act, or under any other law (except as provided in subsection (g)), to any transfer of any munitions item to a country described in subsection (d). In implementing this paragraph, the President shall withdraw any such consent, which is in effect at the time the Secretary makes the determination described in section 9401(a) with respect to the government of the country, except that this sentence does not apply with respect to any item that has already been transferred to such country. Providing any license or other approval under this Act for any export or other transfer (including by means of a technical assistance agreement, manufacturing licensing agreement, or coproduction agreement) of any munitions item to a country described in subsection (d). In implementing this paragraph, the President shall suspend any such license or other approval which is in effect at the time the Secretary makes the determination described in section 9401(a) with respect to the government of the country, except that this sentence does not apply with respect to any item that has already been exported or otherwise transferred to such country. Otherwise facilitating the acquisition of any munitions item by a state sponsor of terrorism. This paragraph applies with respect to activities undertaken— by any department, agency, or other instrumentality of the United States Government; by any officer or employee of the United States Government (including members of the United States Armed Forces); or by any other person at the request or on behalf of the United States Government. The President may waive the requirements of the second sentence of paragraph (1), the second sentence of paragraph (3), and the second sentence of paragraph
(4)to the extent that the President determines, after consultation with Congress, that unusual and compelling circumstances require that the President not take the actions specified in that sentence. A United States person may not take any of the following actions: Exporting any munitions item to any country described in subsection (d). Selling, leasing, loaning, granting, or otherwise providing any munitions item to any country described in subsection (d). Selling, leasing, loaning, granting, or otherwise providing any munitions item to any recipient which is not the government of or a person in a country described in subsection
(d)if the United States person has reason to know that the munitions item will be made available to any country described in subsection (d). Taking any other action which would facilitate the acquisition, directly or indirectly, of any munitions item by a state sponsor of terrorism, or any person acting on behalf of that government, if the United States person has reason to know that action will facilitate the acquisition of that item by such a government or person. A United States person violates this subsection if a corporation or other person that is controlled in fact by that United States person (as determined under regulations, which the President shall issue), takes an action described in paragraph
(1)outside the United States. Paragraph
(1)applies with respect to actions described in that paragraph which are taken either within or outside the United States by a United States person described in subsection (k)(2)(A) or (B). To the extent provided in regulations issued under subsection (k)(2)(D), paragraph
(1)applies with respect to actions described in that paragraph which are taken outside the United States by a person designated as a United States person in those regulations. This section applies with respect to— the acquisition of munitions items by a state sponsor of terrorism; and the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d), except to the extent that subparagraph
(D)of subsection (b)(1) provides otherwise. The prohibitions contained in this section apply with respect to any country that is the subject of a determination under section 9401(a), which has not been waived or rescinded. Each determination of the Secretary under subsection
(d)shall be published in the Federal Register and made available on the Internet website of the Department of State. The President may waive the prohibitions contained in this section with respect to a specific transaction if— the President determines that the transaction is essential to the national security interests of the United States; and not less than 15 days prior to the proposed transaction, the President— consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and submits to the appropriate congressional committees a report containing— the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items; a description of the munitions items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction (or if the items are transferred by other than sale, the manner in which they will be provided); the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for such proposed transaction; the date on which the proposed transaction is expected to occur; and the name of each United States Government department, agency, or other entity involved in the proposed transaction, every foreign government involved in the proposed transaction, and every private party with significant participation in the proposed transaction. To the extent possible, the information specified in paragraph (1)(B)(ii) shall be provided in unclassified form, with any classified information provided in an addendum to the report. The prohibitions contained in this section do not apply with respect to any transaction subject to reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ; relating to congressional oversight of intelligence activities). With regard to munitions items controlled pursuant to this Act, the provisions of this section shall apply notwithstanding any other provisions of law, other than section 9603. If the authority of section 9603(a) is used to permit a transaction under this Act which is otherwise prohibited by this section, the written policy justification required by that section shall include the information specified in subsection (f)(2)(B) of this section. Any person who willfully violates this section shall be fined for each violation not more than $1,000,000, imprisoned not more than 10 years, or both. In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 12(a) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) (subject to the same terms and conditions as are applicable to such powers under that Act), except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that, notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000. As used in this section— the term munitions item means any item enumerated on the United States Munitions list (without regard to whether the item is imported into or exported from the United States); the term United States person means— any citizen or permanent resident alien of the United States; any sole proprietorship, partnership, company, association, or corporation having its principal place of business within the United States or organized under the laws of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States; any other person with respect to that person’s actions while in the United States; and to the extent provided in regulations issued by the Secretary, any person that is not described in subparagraph (A), (B), or
(C)but— is a foreign subsidiary or affiliate of a United States person described in subparagraph
(B)and is controlled in fact by that United States person (as determined in accordance with those regulations), or is otherwise subject to the jurisdiction of the United States, with respect to that person’s actions while outside the United States; 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)); and the term unsafeguarded special nuclear material has the meaning given that term in section 830(8) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305 (8)).
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