Title 22, Foreign Relations and IntercourseRelease 119-110
§6301 Imposition of Procurement Sanction on Persons Engaging in Export Activities That Contribute to Proliferation
Title 22 › CHAPTER 72 — NUCLEAR PROLIFERATION PREVENTION › SUBCHAPTER I — SANCTIONS FOR NUCLEAR PROLIFERATION › § 6301
Summary
The President must stop the U.S. government from buying goods or services from any foreign or U.S. person if the President finds in writing that, on or after this law started, that person helped, by exporting goods or technology from the United States or another country, a person, group, or non‑nuclear‑weapon state try to get unsafeguarded special nuclear material or to make, use, produce, or stockpile a nuclear explosive device. The ban covers the named person, any successor company, parents or subsidiaries that knowingly and meaningfully helped, and affiliates that are controlled by and knowingly helped the person. The President is urged to talk right away with the foreign government that has primary authority over a foreign person. The President may delay the ban up to 90 days to hold talks, and may delay another 90 days if that government is trying to fix the problem. The President must report to the Senate Foreign Relations Committee, the Senate Governmental Affairs Committee, and the House Foreign Affairs Committee within 90 days on those talks and any decision to delay. The main punishment is a government procurement ban, but there are exceptions for certain defense contracts (including existing contracts and vital sole‑source items), contracts made before the President announced an intent to impose the ban, essential spare or component parts and maintenance when no alternatives exist, essential information or technology for U.S. production, and medical or humanitarian items. The Secretary of State, with the Secretary of Defense, may give written advisory opinions on whether an activity would cause the ban; someone who relies in good faith on a written opinion saying it would not be subject cannot later be punished for that activity. The ban lasts at least 12 months. After that, it ends only if the President certifies to Congress that the person stopped helping and has given reliable assurances they will not do so again. The President may waive the ban after the 12 months if keeping it would seriously harm vital U.S. interests, but must tell Congress at least 20 days before the waiver and explain why.
Full Legal Text
Title 22, §6301
Foreign Relations and Intercourse, Source: USLM XML via OLRC
(a)Determination by President
(1)In general
Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that, on or after the effective date of this subchapter, a foreign person or a United States person has materially and with requisite knowledge contributed, through the export from the United States or any other country of any goods or technology (as defined in section 6305(2) of this title), to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device.
(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
The sanction which is required to be imposed for activities described in this subsection is in addition to any other sanction which may be imposed for the same activities under any other provision of law.
(4)Definition
For purposes of this subsection, the term “requisite knowledge” means situations in which a person “knows”, as “knowing” is defined in section 78dd–2 of title 15.
(b)Consultation with and actions by foreign government of jurisdiction
(1)Consultations
If the President makes a determination described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of the sanction pursuant to this section.
(2)Actions by government of jurisdiction
In order to pursue such consultations with that government, the President may delay imposition of the sanction pursuant to this section for up to 90 days. Following these consultations, the President shall impose the sanction unless the President determines and certifies in writing to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay the imposition of the sanction for up to an additional 90 days if the President determines and certifies in writing to the Congress that that government is in the process of taking the actions described in the preceding sentence.
(3)Report to Congress
Not later than 90 days after making a determination under subsection (a)(1), the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.
(c)Sanction
(1)Description of sanction
The sanction to be imposed pursuant to subsection (a)(1) is, except as provided in paragraph (2) of this subsection, that the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(2).
(2)Exceptions
The President shall not be required to apply or maintain the sanction under this section— (A)
(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
Upon the request of any person, the Secretary of State may, in consultation with the Secretary of Defense, issue in writing an advisory opinion to that person as to whether a proposed activity by that person would subject that person to the sanction under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanction, and any person who thereafter engages in such activity, may not be made subject to such sanction on account of such activity.
(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
The President may waive the application of the sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, 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 vital United States interests.
(2)Notification of and report to Congress
If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
For the
Effective Date
of this subchapter, referred to in subsec. (a)(1), as 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an
Effective Date
note below.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date
Pub. L. 103–236, title VIII, § 831, Apr. 30, 1994, 108 Stat. 522, provided that: “The provisions of this part [part B (§§ 821–831) of title VIII of Pub. L. 103–236, enacting this subchapter and sections 2799aa to 2799aa–2 of this title, amending section 262d, 2295a, 2295b, 2375, 2429a–1, 2593a, 2708, 2753, and 2780 of this title, section 635 of Title 12, Banks and Banking, and section 2160c of Title 42, The Public Health and Welfare, repealing section 2429 and 2429a of this title, and enacting provisions set out as a note under section 2799aa of this title], and the
Amendments
made by this part, shall take effect 60 days after the date of the enactment of this Act [Apr. 30, 1994].”
Short Title
Pub. L. 103–236, title VIII, § 801, Apr. 30, 1994, 108 Stat. 507, provided that: “This title [enacting this chapter and sections 2799aa to 2799aa–2 of this title, amending section 262d, 2295a, 2295b, 2375, 2429a–1, 2593a, 2708, 2753, 2780, and 3281 of this title, section 635 of Title 12, Banks and Banking, and section 2160c of Title 42, The Public Health and Welfare, repealing section 2429 and 2429a of this title, and enacting provisions set out as notes under this section and section 2799aa of this title] may be cited as the ‘Nuclear Proliferation Prevention Act of 1994’.” Termination Upon Enactment of Next Foreign Relations Act Pub. L. 103–236, title VIII, § 851, Apr. 30, 1994, 108 Stat. 525, which provided that on date of enactment of first Foreign Relations Authorization Act that was enacted after enactment of Pub. L. 103–236, the provisions of parts A (amending section 3281 of this title) and B (see
Effective Date
note above) of title VIII of Pub. L. 103–236 were to cease to be effective, the
Amendments
made by those parts were to be repealed, and any provision of law repealed by those parts was to be reenacted, was itself repealed by Pub. L. 104–164, title I, § 157(a), July 21, 1996, 110 Stat. 1440.
Executive Documents
Assignment of Certain Functions Relating to Procurement Sanctions on Persons Engaging in Export Activities that Contribute to Proliferation Memorandum of President of the United States, Mar. 5, 2007, 72 F.R. 11283, provided: Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Secretary of Commerce[, and] the Director of National Intelligence By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, the functions of the President under section 821 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6301) are assigned to the Secretary of State, except that the function of the President under section 821(c)(2)(A) is assigned to the Secretary of Defense. In the performance of their respective functions under this memorandum, the Secretaries of State and Defense shall, as appropriate, consult each other, the Secretaries of the Treasury and Commerce, and the heads of other departments and agencies. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. George W. Bush.
Reference
Citations & Metadata
Citation
22 U.S.C. § 6301
Title 22, Foreign Relations and Intercourse
Last Updated
Sep 22, 2026
Release point: 119-110