Title 22 — Foreign Relations and IntercourseRelease 119-73not60
§2799aa Nuclear Enrichment Transfers
Title 22 › Chapter 39— ARMS EXPORT CONTROL › Subchapter X— NUCLEAR NONPROLIFERATION CONTROLS › § 2799aa
Summary
Stops U.S. economic or military aid, military training, and related guarantees to any country that the President finds sent or received nuclear enrichment equipment, materials, or technology on or after August 4, 1977, unless before that transfer both countries agree to put the items under multilateral management when available and the receiving country agrees with the International Atomic Energy Agency to put the equipment, materials, fuel, and facilities under IAEA safeguards. The President can still allow the aid if he writes to Congress saying that cutting off aid would seriously harm vital U.S. interests and that he has reliable assurances the country will not get or help make nuclear weapons. That written statement takes effect when Congress gets it, but Congress can block it within 30 days by passing a joint resolution; such resolutions in the Senate are handled under section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
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 5, 2026
Release point: 119-73not60