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prohibited activity (without regard to whether subsection (b) applies), the President shall, by order, impose the sanctions described in subsection (d) on such person.

(d) SANCTIONS.—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:

(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 onder; or

1B) conduct business from any location in the United States at which the person did not conduct business as of

the date of the order, re! JUDICIAL REVIEW.-Any determination of the President under subsection in shall be sub act to judicial review in accordance with chapterior part I of tee 5, United Siares Code IN CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT JUSTIN

CUISI SATICIS-Ithe President makes a determination under susan with respect to a foreign person, the Con

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ros 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), 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. (g) TERMINATION OF THE SANCTIONS.-Any sanction imposed on any person pursuant to an order issued under subsection (c) 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. (h) WAIVER.–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.

(i) 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); or

(2) any order issued pursuant to subsection (c). 6) 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. (k) SCOPE OF APPLICATION.–This section shall apply with respect to prohibited activities which occur on or after the date this part takes efect

SEC. 825.146 EXPORT-IMPORT BANK. • • •
SEC. 826.187 AMENDMENT TO THE ARMS EXPORT CONTROL ACT. • • •
SEC. 827.148 REWARD. • • •
SEC. 828. REPORTS.

(a) 169 CONTENT OF ACDA ANNUAL REPORT.-* *

(b) REPORTING ON DEMARCHES.(1) It is the sense of the Congress that the Department of State should, in the course of implementing its reporting responsibilities under section 602(c) of the Nuclear Non-Proliferation Act of 1978, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of signifi. cance 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).

SEC. 830. DEFINITIONS.
For purposes of this part-
(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 4 of the Nuclear Non-Proliferation Act of 1978), all export items designated by the President pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978, and all technical assistance requiring authorization under section 57 b. of the Atomic Energy Act of 1954, and

(B) in the case of exports from a country other than the United States, any goods or technology that, if exported

166 Sec. 825 amended sec. 20X4) of the Export-Import Bank Act of 1945 (12 U.S.C. 6350X4)).

187 Sec. 826 a) added a new chapter 10 to the Arms Export Control Act, relating to nuclear proliferation controls (22 U.S.C. 2799aa et seq.) Sec. 826D) repealed secs. 669 and 670 of the Foreign Assistance Act of 1961 (22 U.S.C. 2429, 2429a). Sec. 826c) made corresponding technical amendments.

188 Sec. 827 amended sec. 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)).

169 Sec. 828(a) amended sec. 51(a) of the Arms Control and Disarmament Act.

Statute or the Agent betweenards" me

from the United States, would be goods or technology de

scribed in subparagraph (A); (3) the term “LAEA 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 11 aa. of the Atomic Energy Act of 1954 (42 U.S.C. 2014aa); (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). 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 C—INTERNATIONAL ATOMIC ENERGY AGENCY 179 SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES.

It is the sense of the Congress that in order to maintain and enhance international confidence in the efectiveness 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 aug the Nuclear Suppliers Group, to

(1) build international SUDUURL for priciple that nuclear supply relationships must Tuure purchasing nations to agree to full-scope international saluyuz? QE;

(2) encourage eact numar mazuri 8ate within the meaning of the Treaty to under ars Qumr1918 ve review of its own procedures for deciassilyon mulur11:aut relating to the design

170 See relaved legislation under tion on Foreign heialus Througat 16

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(5) arrange for the timer payment of annua finansa' contributions by al. members of the ALL including te red States;

(6) pursue the elimination of internationa' commerce II. highly enriched uranium for use II. Tesearch reactors wait encourang multilatera: cooperatiot Qeveio and Use low-ennched alternative nuclear fuers.

(7) oppose efiuti. t non-nuciear-weapor. siates to develop or ube unsafeguarded nucha* fueis for purposes of nava. Dropalsion;

(8) pursue an illleriaiona open skies arrangemen: that would authorize the iALA 1 Operate surveillance arreta and would facilitait lALA arreus 10 satellite information for safe guards verificalauti purpuses.

(9) develup ari ini ditutiona' means fo: ILEA member nasions to share intelleche maleria writ. the 14LA ON possibie safe guards violations without CUTTIPTOMIsmg nadiona. security or intelligence buurces or neinvar,

(10) require any exporter of a sensitive nuclear facility or sensitive nuclear Lechuviu 10 a noir-nuciear-weapon state to notify the IAEA prior to expur and if require safeguaras over that facility or Lechnolues regardiess of is destinadon; and

(11) seek agreement amung Dades ID the Treaty to apply IAEA safeguards in proviny and ic es abist Dew line

its on the right to withdraw fruiThe Treaty. SEC. 842. IAEA INTERNAL REFORMS.

In order to promote the early adortion of reforms in the implementation of the safeguards respon: 8'). Les of the IAEA the Congress urges the President to hir e with other nadons and groups of nations, including the IALA Board of Governors and the Nuclear Suppliers Group, to

(1) improve the access of use IAEA within noclear facilities that are capable of producir.g, prys8811.g, or fabricating special nuclear material suitalie for use in a nuclear explosive device;

(21A, 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

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