Sidor som bilder
PDF
ePub

tus at any meeting sponsored by or associated with the Inter-
national Monetary Fund. As used in this paragraph, the term
"other official status does not include membership in the

International Monetary Fund. (d) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—As used in this section, the term "relevant congressional committees means

(1) the Committee on Foreign Affairs, the Committee on Banking, Finance and Urban Affairs, and the Committee on Appropriations of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

TITLE VI–PEACE CORPS 155 SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $219,745,000 for the fiscal year 1994 and $234,745,000 for the fiscal year 1995 to carry out the Peace Corps Act.

(b) AVAILABILITY OF FUNDS.-Funds made available to the Peace Corps pursuant to the authorization under subsection (a) shall be available for the fiscal year for which appropriated and the subsequent fiscal year. SEC. 602.166 AMENDMENTS TO THE PEACE CORPS ACT. * * *

TITLE VII-ARMS CONTROL PART A-ARMS CONTROL AND NONPROLIFERATION ACT OF

1994 157

[ocr errors][ocr errors][subsumed][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][subsumed][merged small][merged small][ocr errors][merged small]

TITLE VIII–NUCLEAR PROLIFERATION PREVENTION ACT 169 SEC. 801. SHORT TITLE.

This title may be cited as the “Nuclear Proliferation Prevention Act of 1994".

166 For other legislation relating to the Peace Corps, see Legislation on Foreign Relations Through 1994, vol. 1-B.

160 Sec. 602'amended secs. 10(c) and 10(j) of the Peace Corps Act (22 U.S.C. 2509(c), 260%))).

167 Part A of title VII, for the most part, contains amendments to the Arms Control and Diwarmament Act; 5 United States Code; the Arms Export Control Act (see Legislation on Foreign Relations through 1994, vol. 1-A), and Nuclear Non-Proliferation Act of 1978 (nee Legislation on Foreign Relations Through 1994, vol. IV). For freestanding provisions of part A, see page 1194.

168 Part B consists entirely of amendments to the Foreign Assistance Act of 1961, the Arms Export Control Act (see Legislation on Foreign Relations Through 1994, vol. 1-A) and the Export Administration Act of 1979 (see Legislation on Foreign Relations Through 1994, vol. III).

169 22 U.S.C. 3201 note.

PART A-REPORTING ON NUCLEAR EXPORTS 160

PART B-SANCTIONS FOR NUCLEAR PROLIFERATION 161 SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS

ENGAGING IN EXPORT ACTIVITIES THAT CONTRIBUTE TO

PROLIFERATION. (a) DETERMINATION BY THE PRESIDENT.

(1) IN GENERAL.-Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that, on or after the effective date of this part, 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 830(2)), to the efforts by any individual, group, or non-nuclearweapon 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.

de Part A amende the Nuclear Non-Proliferation Act of 1978; see Legislation on Foreign Rela. tions Through 1994, vol. IV. See also sec. 851 of this Act for effective date.

161 Sec. 631 of this Act provided: "SEC. 831. EFFECTIVE DATE.

“The provisions of this part, and the amendments made by this part, shall take effect 60 days after the date of the enactment of this Act.". Part D of this litle, however, provided:

“PART D-TERMINATION "SEC. 851. TERMINATION UPON ENACTMENT OF NEXT POREIGN RELATIONS ACT.

"On the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act, the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law re pealed by those parts shall be reenacted.".

(4) DEFINITION.–For purposes of this subsection, the term "requisite knowledge” means situations in which a person "knows”, as “knowing" is defined in section 104 of the Foreign

Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2). (b) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT OF JURISDICTION.

(1) CONSULTATIONS.-If the President makes a determination described in subsection (a)(1) 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). 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), 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) 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).

(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

[ocr errors][ocr errors]

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 secu

rity 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) 162 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 THE 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) 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). (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.

162 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for International Security Alairs (Department of State Public Notice 2086; sec. 2 of Delegation of Authority No. 214; 59 F.R. 50790).

(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 au

thority. SEC. 822. ELIGIBILITY FOR ASSISTANCE.

(a) 163 AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.— * * * (b) FOREIGN ASSISTANCE ACT OF 1961.

(1) PRESIDENTIAL DETERMINATION 82–7.-Notwithstanding any other provision of law, Presidential Determination No. 827 of February 10, 1982, made pursuant to section 670(a)(2) of the Foreign Assistance Act of 1961, shall have no force or effect with respect to any grounds for the prohibition of assistance under section 102(a)(1) of the Arms Export Control Act arising on or after the effective date of this part.

(2) 164 * * * SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

(a) IN GENERAL.—The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in section 701(a) of the International Financial Institutions Act (22 U.S.C. 262d(a)) 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.

(b) 165 * * * SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION

THROUGH THE PROVISION OF FINANCING. (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 ac

quisition 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, in writing after opportunity for a hearing on the record, that a United States person or a foreign person has engaged in a

163 Subsec. (a) amended secs. 3 and 40 of the Arms Export Control Act (22 U.S.C. 2753, 2780). 164 Para. (2) amended sec. 620E(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(d)).

166 Subsec. (b) amended sec. 701(bX3) of the International Financial Institutions Act (22 U.S.C. 2620(bX3)).

« FöregåendeFortsätt »