Sec. 129. Conduct Resulting in Termination of Nuclear Exports
996 words·~5 min read·
/statute-compilations/comps-1630/sec-129A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 129 Conduct Resulting in Termination of Nuclear Exports ### a No nuclear materials and equipment or sensitive nuclear technology shall be exported to— ####
(1)any non-nuclear-weapon state that is found by the President to have, at any time after the effective date of this section,40 40The effective date was March 10, 1978. #####
(A)detonated a nuclear explosive device; or #####
(B)terminated or abrogated IAEA safeguards; or #####
(C)materially violated an IAEA safeguards agreement; or #####
(D)engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgment, represent sufficient progress toward terminating such activities; or ####
(2)any nation or group of nations that is found by the President to have, at any time after the effective date of this section,41 41The date of enactment was March 10, 1978. #####
(A)materially violated an agreement for cooperation with the United States, or, with respect to material or equipment not supplied under an agreement for cooperation, materially violated the terms under which such material or equipment was supplied or the terms of any commitments obtained with respect thereto pursuant to section 402(a) of the Nuclear Non-Proliferation Act of 1978; or #####
(B)assisted, encouraged, or induced any non-nuclear-weapon state to engage in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgment, represent sufficient progress toward terminating such assistance, encouragement, or inducement; or #####
(C)entered into an agreement after the date of enactment of this section41 for the transfer of reprocessing equipment, materials, or technology to the sovereign control of a non-nuclear-weapon state except in connection with an international fuel cycle evaluation in which the United States is a participant or pursuant to a subsequent international agreement or understanding to which the United States subscribes; unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security: *Provided, *That prior to the effective date of any such determination, the President's determination, together with a report containing the reasons for his determination, shall be submitted to the Congress and referred to the Committee on Foreign Affairs of the House of Representatives42 and the Committee on Foreign Relations of the Senate for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act), but any such determination shall not become effective if during such sixty-day period the Congress adopts, and there is enacted, a joint resolution stating in substance that it does not favor the determination. Any such determination shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions. 42The name of the Committee on Foreign Affairs was changed to the Committee on International Relations at the beginning of the 104th Congress by section 1(a) of P.L. 104–14 (109 Stat. 186). b.(1) Notwithstanding any other provision of law, including specifically section 121 of this Act, and except as provided in paragraphs
(2)and (3), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of this Act and regulated under part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List maintained under part 774 of title 15 of the Code of Federal Regulations, shall be exported or reexported, or transferred or retransferred whether directly or indirectly, and no Federal agency shall issue any license, approval, or authorization for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of these items or assistance (as defined in this paragraph) to any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which has been determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have repeatedly provided support for acts of international terrorism). ####
(2)This subsection shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Commission, except to the extent that such technologies, equipment, seals, cameras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. ####
(3)The President may waive the application of paragraph
(1)to a country if the President determines and certifies to Congress that the waiver will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons, nuclear reactors, or any materials or components of nuclear weapons and— #####
(A)the government of such country has not within the preceding 12-month period willfully aided or abetted the international proliferation of nuclear explosive devices to individuals or groups or willfully aided and abetted an individual or groups in acquiring unsafeguarded nuclear materials; #####
(B)in the judgment of the President, the government of such country has provided adequate, verifiable assurances that it will cease its support for acts of international terrorism; #####
(C)the waiver of that paragraph is in the vital national security interest of the United States; or #####
(D)such a waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety. **[**[42 U.S.C. 2158](/us/usc/t42/s2158)**]**
Connectionstraces to 3
1 reference not yet in our index
- 109 Stat. 186
Citation graph
cites case law
Sec. 129
Conduct Resulting in Termination of Nuclear Exports
Stat.109 Stat. 186
Cites 4Cited by 0 across 0 sources