22 U.S.C. § 2429a–2: Enforcement of…

Summary

Congress urges the President to tell the U.S. Permanent Representative to the United Nations to push the U.N. Security Council to adopt a resolution. That resolution would say any non-nuclear weapon state that the Security Council, after consulting the IAEA, finds has ended or seriously violated an IAEA full-scope safeguards agreement should face international economic sanctions decided by the Council. The United States must not give assistance under the Foreign Assistance Act to any such non-nuclear weapon state found by the President to have ended or seriously violated those IAEA safeguards or to have seriously violated a bilateral U.S. nuclear cooperation agreement made after March 10, 1978. The President may waive this ban if he determines cutting off assistance would seriously hurt U.S. nonproliferation goals or jeopardize common defense and security. The President must report that decision to Congress at least 15 days before restarting assistance to the country.

Title 22, §2429a–2

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Policy

It is the sense of the Congress that the President should instruct the United States Permanent Representative to the United Nations to enhance the role of that institution in the enforcement of nonproliferation treaties through the passage of a United Nations Security Council resolution which would state that, any non-nuclear weapon state that is found by the United Nations Security Council, in consultation with the International Atomic Energy Agency (IAEA), to have terminated, abrogated, or materially violated an IAEA full-scope safeguards agreement would be subjected to international economic sanctions, the scope of which to be determined by the United Nations Security Council.

(b)Prohibition

Notwithstanding any other provision of law, no United States assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] shall be provided to any non-nuclear weapon state that is found by the President to have terminated, abrogated, or materially violated an IAEA full-scope safeguard agreement or materially violated a bilateral United States nuclear cooperation agreement entered into after March 10, 1978.

(c)Waiver

The President may waive the application of subsection (b) if—

(1)the President determines that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security; and

(2)the President reports such determination to the Congress at least 15 days in advance of any resumption of assistance to that state.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to this chapter (§ 2151 et seq.). For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. Codification Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Executive Documents

Delegation of Functions Functions of President under this section delegated to Secretary of State by par. (1) of Memorandum of President of the United States, Mar. 23, 2007, 72 F.R. 18103, set out in a note under section 635 of Title 12, Banks and Banking.

§2429a–2 Enforcement of Nonproliferation Treaties