US (United States) Code. Title 22. Chapter 72: Nuclear proliferation prevention

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

-HEAD-

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

-MISC1-

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

Sec.

6301. Imposition of procurement sanction on persons engaging

in export activities that contribute to

proliferation.

(a) Determination by President.

(b) Consultation with and actions by foreign

government of jurisdiction.

(c) Sanction.

(d) Advisory opinions.

(e) Termination of sanction.

(f) Waiver.

6302. Role of international financial institutions.

6303. Prohibition on assisting nuclear proliferation through

provision of financing.

(a) "Prohibited activity" defined.

(b) Prohibition.

(c) Presidential determination and order with

respect to United States and foreign persons.

(d) Sanctions.

(e) Consultation with and actions by foreign

government of jurisdiction.

(f) Termination of sanctions.

(g) Waiver.

(h) Enforcement action.

(i) "Knowingly" defined.

(j) Scope of application.

6304. Reporting on demarches.

6305. Definitions.

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

6321. Bilateral and multilateral initiatives.

6322. IAEA internal reforms.

6323. Reporting requirement.

(a) Report required.

(b) Contents of report.

6324. Definitions.

-End-

-CITE-

22 USC SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-HEAD-

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-End-

-CITE-

22 USC Sec. 6301 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-HEAD-

Sec. 6301. Imposition of procurement sanction on persons engaging

in export activities that contribute to proliferation

-STATUTE-

(a) Determination by President

(1) In general

Except as provided in subsection (b)(2) of this section, the

President shall impose the sanction described in subsection (c)

of this section if the President determines in writing that, on

or after the effective date of this subchapter, a foreign person

or a United States person has materially and with requisite

knowledge contributed, through the export from the United States

or any other country of any goods or technology (as defined in

section 6305(2) of this title), to the efforts by any individual,

group, or non-nuclear-weapon state to acquire unsafeguarded

special nuclear material or to use, develop, produce, stockpile,

or otherwise acquire any nuclear explosive device.

(2) Persons against which the sanction is to be imposed

The sanction shall be imposed pursuant to paragraph (1) on -

(A) the foreign person or United States person with respect

to which the President makes the determination described in

that paragraph;

(B) any successor entity to that foreign person or United

States person;

(C) any foreign person or United States person that is a

parent or subsidiary of that person if that parent or

subsidiary materially and with requisite knowledge assisted in

the activities which were the basis of that determination; and

(D) any foreign person or United States person that is an

affiliate of that person if that affiliate materially and with

requisite knowledge assisted in the activities which were the

basis of that determination and if that affiliate is controlled

in fact by that person.

(3) Other sanctions available

The sanction which is required to be imposed for activities

described in this subsection is in addition to any other sanction

which may be imposed for the same activities under any other

provision of law.

(4) Definition

For purposes of this subsection, the term "requisite knowledge"

means situations in which a person "knows", as "knowing" is

defined in section 78dd-2 of title 15.

(b) Consultation with and actions by foreign government of

jurisdiction

(1) Consultations

If the President makes a determination described in subsection

(a)(1) of this section with respect to a foreign person, the

Congress urges the President to initiate consultations

immediately with the government with primary jurisdiction over

that foreign person with respect to the imposition of the

sanction pursuant to this section.

(2) Actions by government of jurisdiction

In order to pursue such consultations with that government, the

President may delay imposition of the sanction pursuant to this

section for up to 90 days. Following these consultations, the

President shall impose the sanction unless the President

determines and certifies in writing to the Congress that that

government has taken specific and effective actions, including

appropriate penalties, to terminate the involvement of the

foreign person in the activities described in subsection (a)(1)

of this section. The President may delay the imposition of the

sanction for up to an additional 90 days if the President

determines and certifies in writing to the Congress that that

government is in the process of taking the actions described in

the preceding sentence.

(3) Report to Congress

Not later than 90 days after making a determination under

subsection (a)(1) of this section, the President shall submit to

the Committee on Foreign Relations and the Committee on

Governmental Affairs of the Senate and the Committee on Foreign

Affairs of the House of Representatives a report on the status of

consultations with the appropriate government under this

subsection, and the basis for any determination under paragraph

(2) of this subsection that such government has taken specific

corrective actions.

(c) Sanction

(1) Description of sanction

The sanction to be imposed pursuant to subsection (a)(1) of

this section is, except as provided in paragraph (2) of this

subsection, that the United States Government shall not procure,

or enter into any contract for the procurement of, any goods or

services from any person described in subsection (a)(2) of this

section.

(2) Exceptions

The President shall not be required to apply or maintain the

sanction under this section -

(A) in the case of procurement of defense articles or defense

services -

(i) under existing contracts or subcontracts, including the

exercise of options for production quantities to satisfy

requirements essential to the national security of the United

States;

(ii) if the President determines in writing that the person

or other entity to which the sanction would otherwise be

applied is a sole source supplier of the defense articles or

services, that the defense articles or services are

essential, and that alternative sources are not readily or

reasonably available; or

(iii) if the President determines in writing that such

articles or services are essential to the national security

under defense coproduction agreements;

(B) to products or services provided under contracts entered

into before the date on which the President publishes his

intention to impose the sanction;

(C) to -

(i) spare parts which are essential to United States

products or production;

(ii) component parts, but not finished products, essential

to United States products or production; or

(iii) routine servicing and maintenance of products, to the

extent that alternative sources are not readily or reasonably

available;

(D) to information and technology essential to United States

products or production; or

(E) to medical or other humanitarian items.

(d) Advisory opinions

Upon the request of any person, the Secretary of State may, in

consultation with the Secretary of Defense, issue in writing an

advisory opinion to that person as to whether a proposed activity

by that person would subject that person to the sanction under this

section. Any person who relies in good faith on such an advisory

opinion which states that the proposed activity would not subject a

person to such sanction, and any person who thereafter engages in

such activity, may not be made subject to such sanction on account

of such activity.

(e) Termination of sanction

The sanction imposed pursuant to this section shall apply for a

period of at least 12 months following the imposition of the

sanction and shall cease to apply thereafter only if the President

determines and certifies in writing to the Congress that -

(1) reliable information indicates that the foreign person or

United States person with respect to which the determination was

made under subsection (a)(1) of this section has ceased to aid or

abet any individual, group, or non-nuclear-weapon state in its

efforts to acquire unsafeguarded special nuclear material or any

nuclear explosive device, as described in that subsection; and

(2) the President has received reliable assurances from the

foreign person or United States person, as the case may be, that

such person will not, in the future, aid or abet any individual,

group, or non-nuclear-weapon state in its efforts to acquire

unsafeguarded special nuclear material or any nuclear explosive

device, as described in subsection (a)(1) of this section.

(f) Waiver

(1) Criterion for waiver

The President may waive the application of the sanction imposed

on any person pursuant to this section, after the end of the

12-month period beginning on the date on which that sanction was

imposed on that person, 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 vital United

States interests.

(2) Notification of and report to Congress

If the President decides to exercise the waiver authority

provided in paragraph (1), the President shall so notify the

Congress not less than 20 days before the waiver takes effect.

Such notification shall include a report fully articulating the

rationale and circumstances which led the President to exercise

the waiver authority.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 821, Apr. 30, 1994, 108 Stat.

508.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of this subchapter, referred to in subsec.

(a)(1), as 60 days after Apr. 30, 1994, see section 831 of Pub. L.

103-236, set out as an Effective Date note below.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC1-

EFFECTIVE DATE

Section 831 of Pub. L. 103-236 provided that: "The provisions of

this part [part B (Secs. 821-831) of title VIII of Pub. L. 103-236,

enacting this subchapter and sections 2799aa to 2799aa-2 of this

title, amending sections 262d, 2295a, 2295b, 2375, 2429a-1, 2593a,

2708, 2753, and 2780 of this title, section 635 of Title 12, Banks

and Banking, and section 2160c of Title 42, The Public Health and

Welfare, repealing sections 2429 and 2429a of this title, and

enacting provisions set out as a note under section 2799aa of this

title], and the amendments made by this part, shall take effect 60

days after the date of the enactment of this Act [Apr. 30, 1994]."

SHORT TITLE

Section 801 of title VIII of Pub. L. 103-236 provided that: "This

title [enacting this chapter and sections 2799aa to 2799aa-2 of

this title, amending sections 262d, 2295a, 2295b, 2375, 2429a-1,

2593a, 2708, 2753, 2780, and 3281 of this title, section 635 of

Title 12, Banks and Banking, and section 2160c of Title 42, The

Public Health and Welfare, repealing sections 2429 and 2429a of

this title, and enacting provisions set out as notes under this

section and section 2799aa of this title] may be cited as the

'Nuclear Proliferation Prevention Act of 1994'."

TERMINATION UPON ENACTMENT OF NEXT FOREIGN RELATIONS ACT

Section 851 of Pub. L. 103-236, which provided that on date of

enactment of first Foreign Relations Authorization Act that was

enacted after enactment of Pub. L. 103-236, the provisions of parts

A (amending section 3281 of this title) and B (see Effective Date

note above) of title VIII of Pub. L. 103-236 were to cease to be

effective, the amendments made by those parts were to be repealed,

and any provision of law repealed by those parts was to be

reenacted, was itself repealed by Pub. L. 104-164, title I, Sec.

157(a), July 21, 1996, 110 Stat. 1440.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3281 of this title.

-End-

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22 USC Sec. 6302 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-HEAD-

Sec. 6302. Role of international financial institutions

-STATUTE-

The Secretary of the Treasury shall instruct the United States

executive director to each of the international financial

institutions described in section 262d(a) of this title to use the

voice and vote of the United States to oppose any use of the

institution's funds to promote the acquisition of unsafeguarded

special nuclear material or the development, stockpiling, or use of

any nuclear explosive device by any non-nuclear-weapon state.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 823(a), Apr. 30, 1994, 108 Stat.

512.)

-End-

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22 USC Sec. 6303 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-HEAD-

Sec. 6303. Prohibition on assisting nuclear proliferation through

provision of financing

-STATUTE-

(a) "Prohibited activity" defined

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

-

(1) the acquisition of unsafeguarded special nuclear material;

or

(2) the use, development, production, stockpiling, or other

acquisition of any nuclear explosive device,

by any individual, group, or non-nuclear-weapon state.

(b) Prohibition

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.

(c) Presidential determination and order with respect to United

States and foreign persons

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) of this section applies), the

President shall, by order, impose the sanctions described in

subsection (d) of this section on such person.

(d) Sanctions

The following sanctions shall be imposed pursuant to any order

issued under subsection (c) of this section with respect to any

United States person or any 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, or

permit the continuation of any prior designation of, the person

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) commence any line of business in the United States in

which the person was not engaged as of the date of the order;

or

(B) conduct business from any location in the United States

at which the person did not conduct business as of 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) of

this section 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.

(2) Actions by government of jurisdiction

(A) Suspension of period for imposing sanctions

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) of this section imposing any

sanction.

(B) Coordination with activities of foreign government

Following consultations described in paragraph (1), the order

issued by the President under subsection (c) of this section

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.

(C) Extension of period

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) of this

section 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).

(3) Report to Congress

Before the end of the 90-day period beginning on the date on

which an order is issued under subsection (c) of this section,

the President shall submit to the Congress a report on -

(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

such government has taken specific corrective actions.

(f) Termination of sanctions

Any sanction imposed on any person pursuant to an order issued

under subsection (c) of this section shall -

(1) remain in effect for a period of not less than 12 months;

and

(2) cease to apply after the end of such 12-month period only

if the President determines, and certifies in writing to the

Congress, that -

(A) the person has ceased to engage in any prohibited

activity; and

(B) the President has received reliable assurances from such

person that the person will not, in the future, engage in any

prohibited activity.

(g) Waiver

The President may waive the continued application of any sanction

imposed on any person pursuant to an order issued under subsection

(c) of this section 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.

(h) Enforcement action

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 -

(1) any violation of subsection (b) of this section; or

(2) any order issued pursuant to subsection (c) of this

section.

(i) "Knowingly" defined

(1) In general

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 -

(A) 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

(B) such person has a firm belief that such circumstance

exists or that such result is substantially certain to occur.

(2) Knowledge of the existence of a particular circumstance

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.

(j) Scope of application

This section shall apply with respect to prohibited activities

which occur on or after the date this subchapter takes effect.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 824, Apr. 30, 1994, 108 Stat.

512; Pub. L. 104-164, title I, Sec. 157(b), July 21, 1996, 110

Stat. 1440.)

-REFTEXT-

REFERENCES IN TEXT

For the date this subchapter takes effect, referred to in subsec.

(j), as 60 days after Apr. 30, 1994, see section 831 of Pub. L.

103-236, set out as an Effective Date note under section 6301 of

this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-164, Sec. 157(b)(1), struck out

"in writing after opportunity for a hearing on the record" after

"If the President determines,".

Subsec. (e). Pub. L. 104-164, Sec. 157(b)(2), (3), redesignated

subsec. (f) as (e) and struck out heading and text of former

subsec. (e). Text read as follows: "Any determination of the

President under subsection (c) of this section shall be subject to

judicial review in accordance with chapter 7 of part I of title 5."

Subsecs. (f) to (k). Pub. L. 104-164, Sec. 157(b)(3),

redesignated subsecs. (g) to (k) as (f) to (j), respectively.

Former subsec. (f) redesignated (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3281 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC Sec. 6304 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-HEAD-

Sec. 6304. Reporting on demarches

-STATUTE-

(1) It is the sense of the Congress that the Department of State

should, in the course of implementing its reporting

responsibilities under section 3282(c) of this title, include a

summary of demarches that the United States has issued or received

from foreign governments with respect to activities which are of

significance from the proliferation standpoint.

(2) For purposes of this section, the term "demarche" means any

official communication by one government to another, by written or

oral means, intended by the originating government to express -

(A) a concern over a past, present, or possible future action

or activity of the recipient government, or of a person within

the jurisdiction of that government, contributing to the global

spread of unsafeguarded special nuclear material or of nuclear

explosive devices;

(B) a request for the recipient government to counter such

action or activity; or

(C) both the concern and request described in subparagraphs (A)

and (B).

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 828(b), Apr. 30, 1994, 108 Stat.

520.)

-End-

-CITE-

22 USC Sec. 6305 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER I - SANCTIONS FOR NUCLEAR PROLIFERATION

-HEAD-

Sec. 6305. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "foreign person" means -

(A) an individual who is not a citizen of the United States

or an alien admitted for permanent residence to the United

States; or

(B) a corporation, partnership, or other nongovernment entity

which is created or organized under the laws of a foreign

country or which has its principal place of business outside

the United States;

(2) the term "goods or technology" means -

(A) nuclear materials and equipment and sensitive nuclear

technology (as such terms are defined in section 3203 of this

title), all export items designated by the President pursuant

to section 2139a(c) of title 42, and all technical assistance

requiring authorization under section 2077(b) of title 42, and

(B) in the case of exports from a country other than the

United States, any goods or technology that, if exported from

the United States, would be goods or technology described in

subparagraph (A);

(3) the term "IAEA safeguards" means the safeguards set forth

in an agreement between a country and the International Atomic

Energy Agency, as authorized by Article III(A)(5) of the Statute

of the International Atomic Energy Agency;

(4) the term "nuclear explosive device" means any device,

whether assembled or disassembled, that is designed to produce an

instantaneous release of an amount of nuclear energy from special

nuclear material that is greater than the amount of energy that

would be released from the detonation of one pound of

trinitrotoluene (TNT);

(5) the term "non-nuclear-weapon state" means any country which

is not a nuclear-weapon state, as defined by Article IX (3) of

the Treaty on the Non-Proliferation of Nuclear Weapons, signed at

Washington, London, and Moscow on July 1, 1968;

(6) the term "special nuclear material" has the meaning given

that term in section 2014(aa) of title 42;

(7) the term "United States person" means -

(A) an individual who is a citizen of the United States or an

alien admitted for permanent residence to the United States; or

(B) a corporation, partnership, or other nongovernment entity

which is not a foreign person; and

(8) the term "unsafeguarded special nuclear material" means

special nuclear material which is held in violation of IAEA

safeguards or not subject to IAEA safeguards (excluding any

quantity of material that could, if it were exported from the

United States, be exported under a general license issued by the

Nuclear Regulatory Commission).

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 830, Apr. 30, 1994, 108 Stat.

521.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original a

reference to this part, meaning part B of title VIII of Pub. L.

103-236, which is classified principally to this subchapter. For

complete classification of part B to the Code, see Effective Date

note set out under section 6301 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 262d, 2593a, 2708, 2753,

2780, 2799aa-2, 6301, 6324 of this title; title 12 section 635.

-End-

-CITE-

22 USC SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

-HEAD-

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

-End-

-CITE-

22 USC Sec. 6321 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

-HEAD-

Sec. 6321. Bilateral and multilateral initiatives

-STATUTE-

It is the sense of the Congress that in order to maintain and

enhance international confidence in the effectiveness of IAEA

safeguards and in other multilateral undertakings to halt the

global proliferation of nuclear weapons, the United States should

seek to negotiate with other nations and groups of nations,

including the IAEA Board of Governors and the Nuclear Suppliers

Group, to -

(1) build international support for the principle that nuclear

supply relationships must require purchasing nations to agree to

full-scope international safeguards;

(2) encourage each nuclear-weapon state within the meaning of

the Treaty to undertake a comprehensive review of its own

procedures for declassifying information relating to the design

or production of nuclear explosive devices and to investigate any

measures that would reduce the risk of such information

contributing to nuclear weapons proliferation;

(3) encourage the deferral of efforts to produce weapons-grade

nuclear material for large-scale commercial uses until such time

as safeguards are developed that can detect, on a timely and

reliable basis, the diversion of significant quantities of such

material for nuclear explosive purposes;

(4) pursue greater financial support for the implementation and

improvement of safeguards from all IAEA member nations with

significant nuclear programs, particularly from those nations

that are currently using or planning to use weapons-grade nuclear

material for commercial purposes;

(5) arrange for the timely payment of annual financial

contributions by all members of the IAEA, including the United

States;

(6) pursue the elimination of international commerce in highly

enriched uranium for use in research reactors while encouraging

multilateral cooperation to develop and to use low-enriched

alternative nuclear fuels;

(7) oppose efforts by non-nuclear-weapon states to develop or

use unsafeguarded nuclear fuels for purposes of naval propulsion;

(8) pursue an international open skies arrangement that would

authorize the IAEA to operate surveillance aircraft and would

facilitate IAEA access to satellite information for safeguards

verification purposes;

(9) develop an institutional means for IAEA member nations to

share intelligence material with the IAEA on possible safeguards

violations without compromising national security or intelligence

sources or methods;

(10) require any exporter of a sensitive nuclear facility or

sensitive nuclear technology to a non-nuclear-weapon state to

notify the IAEA prior to export and to require safeguards over

that facility or technology, regardless of its destination; and

(11) seek agreement among the parties to the Treaty to apply

IAEA safeguards in perpetuity and to establish new limits on the

right to withdraw from the Treaty.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 841, Apr. 30, 1994, 108 Stat.

522.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6323 of this title.

-End-

-CITE-

22 USC Sec. 6322 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

-HEAD-

Sec. 6322. IAEA internal reforms

-STATUTE-

In order to promote the early adoption of reforms in the

implementation of the safeguards responsibilities of the IAEA, the

Congress urges the President to negotiate with other nations and

groups of nations, including the IAEA Board of Governors and the

Nuclear Suppliers Group, to -

(1) improve the access of the IAEA within nuclear facilities

that are capable of producing, processing, or fabricating special

nuclear material suitable for use in a nuclear explosive device;

(2)(A) facilitate the IAEA's efforts to meet and to maintain

its own goals for detecting the diversion of nuclear materials

and equipment, giving particular attention to facilities in which

there are bulk quantities of plutonium; and

(B) if it is not technically feasible for the IAEA to meet

those detection goals in a particular facility, require the IAEA

to declare publicly that it is unable to do so;

(3) enable the IAEA to issue fines for violations of safeguards

procedures, to pay rewards for information on possible safeguards

violations, and to establish a "hot line" for the reporting of

such violations and other illicit uses of weapons-grade nuclear

material;

(4) establish safeguards at facilities engaged in the

manufacture of equipment or material that is especially

designated or prepared for the processing, use, or production of

special fissionable material or, in the case of

non-nuclear-weapon states, of any nuclear explosive device;

(5) establish safeguards over nuclear research and development

activities and facilities;

(6) implement special inspections of undeclared nuclear

facilities, as provided for under existing safeguards procedures,

and seek authority for the IAEA to conduct challenge inspections

on demand at suspected nuclear sites;

(7) expand the scope of safeguards to include tritium, uranium

concentrates, and nuclear waste containing special fissionable

material, and increase the scope of such safeguards on heavy

water;

(8) revise downward the IAEA's official minimum amounts of

nuclear material ("significant quantity") needed to make a

nuclear explosive device and establish these amounts as national

rather than facility standards;

(9) expand the use of full-time resident IAEA inspectors at

sensitive fuel cycle facilities;

(10) promote the use of near real time material accountancy in

the conduct of safeguards at facilities that use, produce, or

store significant quantities of special fissionable material;

(11) develop with other IAEA member nations an agreement on

procedures to expedite approvals of visa applications by IAEA

inspectors;

(12) provide the IAEA the additional funds, technical

assistance, and political support necessary to carry out the

goals set forth in this subsection; (!1) and

(13) make public the annual safeguards implementation report of

the IAEA, establishing a public registry of commodities in

international nuclear commerce, including dual-use goods, and

creating a public repository of current nuclear trade control

laws, agreements, regulations, and enforcement and judicial

actions by IAEA member nations.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 842, Apr. 30, 1994, 108 Stat.

523.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6323 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section;".

-End-

-CITE-

22 USC Sec. 6323 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

-HEAD-

Sec. 6323. Reporting requirement

-STATUTE-

(a) Report required

The President shall, in the report required by section 3281(a) of

this title, describe -

(1) the steps he has taken to implement sections 6321 and 6322

of this title, and

(2) the progress that has been made and the obstacles that have

been encountered in seeking to meet the objectives set forth in

sections 6321 and 6322 of this title.

(b) Contents of report

Each report under paragraph (1) (!1) shall describe -

(1) the bilateral and multilateral initiatives that the

President has taken during the period since April 30, 1994, in

pursuit of each of the objectives set forth in sections 6321 and

6322 of this title;

(2) any obstacles that have been encountered in the pursuit of

those initiatives;

(3) any additional initiatives that have been proposed by other

countries or international organizations to strengthen the

implementation of IAEA safeguards;

(4) all activities of the Federal Government in support of the

objectives set forth in sections 6321 and 6322 of this title;

(5) any recommendations of the President on additional measures

to enhance the effectiveness of IAEA safeguards; and

(6) any initiatives that the President plans to take in support

of each of the objectives set forth in sections 6321 and 6322 of

this title.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 843, Apr. 30, 1994, 108 Stat.

524.)

-FOOTNOTE-

(!1) So in original. Probably should be "subsection (a) of this

section".

-End-

-CITE-

22 USC Sec. 6324 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 72 - NUCLEAR PROLIFERATION PREVENTION

SUBCHAPTER II - INTERNATIONAL ATOMIC ENERGY AGENCY

-HEAD-

Sec. 6324. Definitions

-STATUTE-

As used in this subchapter -

(1) the term "highly enriched uranium" means uranium enriched

to 20 percent or more in the isotope U-235;

(2) the term "IAEA" means the International Atomic Energy

Agency;

(3) the term "near real time material accountancy" means a

method of accounting for the location, quantity, and disposition

of special fissionable material at facilities that store or

process such material, in which verification of peaceful use is

continuously achieved by means of frequent physical inventories

and the use of in-process instrumentation;

(4) the term "special fissionable material" has the meaning

given that term by Article XX(1) of the Statute of the

International Atomic Energy Agency, done at the Headquarters of

the United Nations on October 26, 1956;

(5) the term "the Treaty" means the Treaty on the

Non-Proliferation of Nuclear Weapons, signed at Washington,

London, and Moscow on July 1, 1968; and

(6) the terms "IAEA safeguards", "non-nuclear-weapon state",

"nuclear explosive device", and "special nuclear material" have

the meanings given those terms in section 6305 of this title.

-SOURCE-

(Pub. L. 103-236, title VIII, Sec. 844, Apr. 30, 1994, 108 Stat.

524.)

-End-