22 U.S.C. § 2780 — Transactions with countries supporting acts of international terrorism

(a) The United States Government may not: (1) export or otherwise provide a munitions item, directly or indirectly, to a country covered by (d) under this chapter, the Foreign Assistance Act of 1961, or another law, except under (h). For an unfinished transaction, delivery must be suspended when the Secretary of State makes the (d) determination; an existing lease or loan must be ended. (2) Provide credits, guarantees, or other financial help for that country's acquisition of a munitions item, except under (h). Spending under assistance obligated before the determination must be suspended. The President may allow the spending if the President determines and reports to Congress that suspension would cause undue financial hardship to a supplier, shipper, or similar person and the spending would not make a munitions item available for use by that country. (3) Consent under the listed laws or regulations, or another law, to transfer a munitions item to that country, except under (h). Existing consent must be withdrawn, but not for an item already transferred. (4) Issue or provide a license or approval under section 2778 for exporting or otherwise transferring a munitions item to that country, including through technical-assistance, manufacturing-licensing, or coproduction agreements, except under (h). Existing licenses or approvals must be suspended, but not for an item already exported or transferred. (5) Otherwise facilitate that country's acquisition. This applies to a Government department, agency, or instrumentality; a Government officer or employee, including a member of the Armed Forces; or another person acting at the Government's request or for it. After consulting Congress, the Secretary of State may waive the required suspension, withdrawal, or termination in (1), (3), or (4) when unusual and compelling circumstances require the Government not to take that action.

(b)(1) A United States person may not export a munitions item to a covered country; sell, lease, loan, grant, or otherwise provide one to that country; provide one to another recipient when the person has reason to know it will be made available to a covered country; or take another action that would directly or indirectly facilitate acquisition by that country's government or someone acting for it when the person has reason to know the action will do so. (2) A United States person violates this subsection if a corporation or other person actually controlled by that person, as determined under presidential regulations, takes a paragraph (1) action outside the United States. (3) Paragraph (1) applies inside or outside the United States to a United States person described in (l)(3)(A) or (B). As regulations under (l)(3)(D) provide, it also applies outside the United States to a person designated as a United States person by those regulations.

(c) This section covers acquisition by the government of a covered country and acquisition by an individual, group, or other person inside that country, except as (b)(1)(D) provides otherwise.

(d) The prohibitions apply when the Secretary of State determines that a country's government has repeatedly supported international terrorism. Such acts include activities the Secretary determines willfully aid or abet international proliferation of nuclear explosive devices to individuals or groups, acquisition of unsafeguarded special nuclear material by an individual or group, or efforts to use, develop, produce, stockpile, or otherwise acquire chemical, biological, or radiological weapons.

(e) Each determination under (d) must be published in the Federal Register.

(f)(1) A determination may be rescinded only if the President reports to the specified House and Senate leaders and committees. Before rescission, the report must either certify (A) a fundamental change in the country's leadership and policies, that its government is not supporting terrorism, and that it assures it will not do so in the future; or (B), at least 45 days before rescission, justify rescission and certify that the government gave no support for international terrorism during the preceding six months and assures it will not do so in the future. (2)(A) A rescission under (B) is barred if, within 45 days after Congress receives the report, Congress enacts a joint resolution prohibiting it, using the required resolving clause and date. (B) Such a resolution must be considered under the specified Department of Defense Appropriations Act procedures, with the named foreign-relations committees substituted for the appropriations committees.

(g) The President may waive the prohibitions for a specific transaction if it is essential to United States national-security interests and, at least 15 days beforehand, the President consults the specified committees and reports to the specified congressional leaders and committees. The report must identify involved countries, recipients, and anticipated use; describe the items, market value, sale price at each step or other means of transfer; explain why the transaction is essential and justified; state its expected date; and name involved United States agencies, foreign governments, and private parties with significant participation. Classified information should, when possible, be placed in an addendum.

(h) The prohibitions do not apply to a transaction subject to reporting under title V of the National Security Act of 1947 concerning congressional oversight of intelligence activities.

(i)(1) For munitions items controlled under this chapter, this section applies despite other law, except section 614(a) of the Foreign Assistance Act. (2) If that section's authority permits an otherwise prohibited transaction, its written policy justification must include the information required by (g)(2)(B).

(j) A person who willfully violates this section may be fined up to $1 million for each violation, imprisoned up to 20 years, or both.

(k) The President may use the violation and enforcement powers provided by the specified Export Administration Act provisions, under that Act's terms. Section 11(c)(2)(B) does not apply; regulations may instead let the Secretary of State assess civil penalties and sue to collect them. The civil penalty for each violation may not exceed $500,000.

(l) “Munitions item” means an item on the United States Munitions List, whether or not imported into or exported from the United States. Geographical “United States” means the States, District of Columbia, Puerto Rico, Northern Mariana Islands, and every United States territory or possession. “United States person” means (A) a citizen or permanent-resident alien; (B) a sole proprietorship, partnership, company, association, or corporation principally located in or organized under the specified United States laws; (C) another person for actions while in the United States; and (D), as regulations provide, a foreign subsidiary or affiliate actually controlled by such an entity, or another person subject to United States jurisdiction, for actions outside the United States. “Nuclear explosive device” and “unsafeguarded special nuclear material” have the meanings given in section 6305(4) and (8) of title 50.