22 U.S.C. § 6303 — Prohibition on assisting nuclear proliferation through provision of financing
submitted 32 years ago by Pub. L. 103-236 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 982 words · no verdicts yet
The section defines “prohibited activity” as knowingly and materially helping, through financing, acquire unsafeguarded special nuclear material or a nuclear explosive device. It prohibits that activity and requires sanctions after a Presidential determination, while providing rules for consultation, delay, termination, waiver, enforcement, and knowledge.
(a) “Prohibited activity” defined. For this section, “prohibited activity” means knowingly, materially, and directly contributing or trying to contribute, through financing, to (1) acquiring unsafeguarded special nuclear material*; or (2) using, developing, producing, stockpiling, or otherwise acquiring a nuclear explosive device* by an individual, group, or non-nuclear-weapon state*.
(b) Prohibition. To the extent the United States has jurisdiction to prohibit the activity by the person, no United States person* and no foreign person* may engage in a prohibited activity.
(c) Presidential determination and order concerning United States and foreign persons. If the President determines that a United States person or a foreign person engaged in a prohibited activity, whether or not subsection (b) applies, the President must issue an order imposing the sanctions in subsection (d) on that person.
(d) Sanctions. An order under subsection (c) must impose these sanctions on the United States person or foreign person: (1) Ban on dealings in Government finance. (A) Designation as primary dealer. Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate the person, or allow any earlier designation of the person to continue, as a primary dealer in United States Government debt instruments. (B) Service as depositary. The person may not serve as a depositary for United States Government funds. (2) Restrictions on operations. The person may not, directly or indirectly, (A) start any line of business in the United States in which the person was not engaged on the date of the order; or (B) conduct business from any location in the United States where the person did not conduct business on the date of the order.
(e) Consultation with and actions by foreign government of jurisdiction. (1) Consultations. If the President makes a determination under subsection (c) about a foreign person, Congress urges the President to immediately begin consultations with any appropriate foreign government about imposing a sanction under this section. (2) Actions by government of jurisdiction. (A) Suspension of period for imposing sanctions. To pursue the consultations in paragraph (1) with a government referred to in that paragraph, the President may delay, for up to 90 days, the effective date of an order under subsection (c) imposing a sanction. (B) Coordination with activities of foreign government. After the consultations, the President’s order imposing a sanction on a foreign person takes effect unless the President determines, and certifies in writing to Congress, that the government referred to in paragraph (1) has taken specific and effective actions, including appropriate penalties, to end the foreign person’s involvement in a prohibited activity. (C) Extension of period. After the period in subparagraph (A) ends, the President may delay, for up to an additional 90 days, the effective date of an order issued under subsection (b) imposing a sanction on a foreign person if the President determines, and certifies in writing to Congress, that the appropriate foreign government is in the process of taking the actions described in subparagraph (B). (3) Report to Congress. Before the end of the 90-day period that begins on the date an order is issued under subsection (c), the President must submit a report to Congress about (A) the status of consultations under this subsection with the government referred to in paragraph (1); and (B) the basis for any determination under paragraph (2) that the government has taken specific corrective actions.
(f) Termination of sanctions. A sanction imposed on a person under an order issued under subsection (c) must (1) remain in effect for at least 12 months; and (2) stop applying after that 12-month period only if the President determines, and certifies in writing to Congress, that (A) the person stopped engaging in any prohibited activity; and (B) the President received reliable assurances from the person that the person will not engage in any prohibited activity in the future.
(g) Waiver. The President may waive the continued application of a sanction imposed on a person under an order issued under subsection (c) if the President determines, and certifies in writing to Congress, that continuing to impose the sanction would have a serious adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payment systems.
(h) Enforcement action. The Attorney General may bring an action in an appropriate United States district court for an injunction and other appropriate relief concerning (1) a violation of subsection (b); or (2) an order issued under subsection (c).
(i) “Knowingly” defined. (1) In general. For this section, “knowingly” means a person’s state of mind about conduct, a circumstance, or a result in which (A) the person is aware that the person is engaging in the conduct, that the circumstance exists, or that the result is substantially certain to occur; or (B) the person firmly believes that the circumstance exists or that the result is substantially certain to occur. (2) Knowledge of the existence of a particular circumstance. If an offense requires knowledge that a particular circumstance exists, that knowledge is established if the person is aware of a high probability that the circumstance exists, unless the person actually believes that it does not exist.
(j) Scope of application. This section applies to prohibited activities that occur on or after the date this subchapter takes effect.
For purposes of this section, the term “prohibited activity” means the act of knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to—
the acquisition of unsafeguarded special nuclear material*; or
the use, development, production, stockpiling, or other acquisition of any nuclear explosive device*,
by any individual, group, or non-nuclear-weapon state*.
To the extent that the United States has jurisdiction to prohibit such activity by such person, no United States person* and no foreign person* may engage in any prohibited activity.
If the President determines,,1 that a United States person or a foreign person has engaged in a prohibited activity (without regard to whether subsection (b) applies), the President shall, by order, impose the sanctions described in subsection (d) on such person.
The following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect to any United States person or any foreign person:
Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the person as a primary dealer in United States Government debt instruments.
The person may not serve as a depositary for United States Government funds.
The person may not, directly or indirectly—
commence any line of business in the United States in which the person was not engaged as of the date of the order; or
conduct business from any location in the United States at which the person did not conduct business as of the date of the order.
If the President makes a determination under subsection (c) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with any appropriate foreign government with respect to the imposition of any sanction pursuant to this section.
In order to pursue consultations described in paragraph (1) with any government referred to in such paragraph, the President may delay, for up to 90 days, the effective date of an order under subsection (c) imposing any sanction.
Following consultations described in paragraph (1), the order issued by the President under subsection (c) imposing any sanction on a foreign person shall take effect unless the President determines, and certifies in writing to the Congress, that the government referred to in paragraph (1) has taken specific and effective actions, including the imposition of appropriate penalties, to terminate the involvement of the foreign person in any prohibited activity.
After the end of the period described in subparagraph (A), the President may delay, for up to an additional 90 days, the effective date of an order issued under subsection (b) imposing any sanction on a foreign person if the President determines, and certifies in writing to the Congress, that the appropriate foreign government is in the process of taking actions described in subparagraph (B).
Before the end of the 90-day period beginning on the date on which an order is issued under subsection (c), the President shall submit to the Congress a report on—
the status of consultations under this subsection with the government referred to in paragraph (1); and
the basis for any determination under paragraph (2) that such government has taken specific corrective actions.
Any sanction imposed on any person pursuant to an order issued under subsection (c) shall—
remain in effect for a period of not less than 12 months; and
cease to apply after the end of such 12-month period only if the President determines, and certifies in writing to the Congress, that—
the person has ceased to engage in any prohibited activity; and
the President has received reliable assurances from such person that the person will not, in the future, engage in any prohibited activity.
The President may waive the continued application of any sanction imposed on any person pursuant to an order issued under subsection (c) if the President determines, and certifies in writing to the Congress, that the continued imposition of the sanction would have a serious adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payments systems.
The Attorney General may bring an action in an appropriate district court of the United States for injunctive and other appropriate relief with respect to—
any violation of subsection (b); or
any order issued pursuant to subsection (c).
For purposes of this section, the term “knowingly” means the state of mind of a person with respect to conduct, a circumstance, or a result in which—
such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or
such person has a firm belief that such circumstance exists or that such result is substantially certain to occur.
If knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist.
This section shall apply with respect to prohibited activities which occur on or after the date this subchapter takes effect.
Source credit: (Pub. L. 103–236, title VIII, § 824, Apr. 30, 1994, 108 Stat. 512; Pub. L. 104–164, title I, § 157(b), July 21, 1996, 110 Stat. 1440.)
- 1994Enacted · Pub. L. 103-236 · 108 Stat. 512
- 1996Amended · Pub. L. 104-164 · 110 Stat. 1440
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-236 on 1994-04-30.
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