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Title 22 — Foreign Relations and IntercourseRelease 119-73

§2799aa Nuclear enrichment transfers

Title 22 › Chapter CHAPTER 39— - ARMS EXPORT CONTROL › Subchapter SUBCHAPTER X— - NUCLEAR NONPROLIFERATION CONTROLS › § 2799aa

Last updated Apr 6, 2026|Official source

Summary

Stops U.S. foreign aid, military help, training, and loan guarantees to any country that, on or after August 4, 1977, supplies or receives nuclear enrichment equipment, materials, or technology—unless, before the transfer, the supplying and receiving countries agree to put those items under multilateral control when available, and the receiving country agrees with the International Atomic Energy Agency (IAEA) to place the equipment, fuel, and nuclear facilities under IAEA safeguards. The President can make an exception by sending a written certification to the Speaker of the House, the House Foreign Affairs Committee, and the Senate Foreign Relations Committee saying cutting off aid would seriously hurt vital U.S. interests and he has reliable assurances the country will not get or help build nuclear weapons. The certification takes effect when Congress gets it, but Congress can block it with a joint resolution within 30 calendar days; if Congress disapproves, the certification ends and the aid must stop immediately.

Full Legal Text

Title 22, §2799aa

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, no funds made available to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or this chapter may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act [22 U.S.C. 2348 et seq.], or extending military credits or making guarantees, to any country which the President determines delivers nuclear enrichment equipment, materials, or technology to any other country on or after August 4, 1977, or receives such equipment, materials, or technology from any other country on or after August 4, 1977, unless before such delivery—
(1)the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and
(2)the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency.
(b)(1)Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate that—
(A)the termination of such assistance would have a serious adverse effect on vital United States interests; and
(B)he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so.
(2)(A)A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within thirty calendar days after receiving this certification, the Congress enacts a joint resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the enactment of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately.
(B)Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Chapters 4 and 6 of part II of the Act are classified generally to parts IV (§ 2346 et seq.) and VI (§ 2348 et seq.), respectively, of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables. section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (b)(2)(B), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.

Amendments

2014—Subsec. (b)(1). Pub. L. 113–276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and” in introductory provisions.

Statutory Notes and Related Subsidiaries

References to section 2429 and 2429a of This Title Deemed To Be References to section 2799aa and 2799aa–1 of This Title Pub. L. 103–236, title VIII, § 826(c), Apr. 30, 1994, 108 Stat. 519, provided that: “Any reference in law as of the date of enactment of this Act [Apr. 30, 1994] to section 669 or 670 of the Foreign Assistance Act of 1961 [former 22 U.S.C. 2429, 2429a] shall, after such date, be deemed to be a reference to section 101 or 102, as the case may be, of the Arms Export Control Act [22 U.S.C. 2799aa, 2799aa–1].”

Effective Date

Section effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as a note under section 6301 of this title.

Executive Documents

Waiver of SanctionsSanctions contained in this section waived in certain regards with respect to India by Determination of President of the United States, No. 2000–18, Mar. 16, 2000, 65 F.R. 16297, set out as a note under section 2799aa–1 of this title. Sanctions contained in this section waived in certain regards with respect to India and Pakistan by Determination of President of the United States, No. 2000–4, Oct. 27, 1999, 64 F.R. 60649, set out as a note under section 2799aa–1 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 2799aa

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73