22 USC 6301 - Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation

U.S Code last checked for updates: Apr 29, 2024

§ 6301.

Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation

(a)

Determination by President

(1)

In general

(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

(4)

Definition

(b)

Consultation with and actions by foreign government of jurisdiction

(1)

Consultations

(2)

Actions by government of jurisdiction

(3)

Report to Congress

(c)

Sanction

(1)

Description of sanction

(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

(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) 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

(2)

Notification of and report to Congress

(Pub. L. 103–236, title VIII, § 821, Apr. 30, 1994, 108 Stat. 508.)

cite as: 22 USC 6301