PRIA, Government Policy, Made Personal

Summary

Stops people from knowingly giving money or financial help that directly helps others get unguarded special nuclear material or to build, develop, produce, stockpile, or otherwise acquire nuclear explosive devices. If the United States can stop the activity, neither U.S. persons nor foreign persons may do it. If the President finds that someone did it, the President must order sanctions that include bans on certain U.S. government finance roles (for example, being a primary dealer in U.S. government debt or serving as a depositary for U.S. government funds) and limits on U.S. operations (for example, no new lines of business or new U.S. locations after the order). When the target is foreign, the President should consult with that country and may delay the sanctions for up to 90 days, and up to another 90 days if the foreign government is taking effective steps. The President must report to Congress about the talks within 90 days. Sanctions must stay in place at least 12 months and end only if the President certifies the person stopped the activity and gives reliable assurance they will not do it again. The President may waive sanctions early if keeping them would seriously harm financial systems, with written notice to Congress. The Attorney General can go to court to enforce the ban or orders. “Knowingly” means being aware or firmly believing the conduct or result is very likely. The rule applies to actions on or after the date this part takes effect.

Title 22, §6303

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)“Prohibited activity” defined

For purposes of this section, the term “prohibited activity” means the act of knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to—

(1)the acquisition of unsafeguarded special nuclear material; or

(2)the use, development, production, stockpiling, or other acquisition of any nuclear explosive device,

by any individual, group, or non-nuclear-weapon state.

(b)Prohibition

To the extent that the United States has jurisdiction to prohibit such activity by such person, no United States person and no foreign person may engage in any prohibited activity.

(c)Presidential determination and order with respect to United States and foreign persons

If the President determines,, that a United States person or a foreign person has engaged in a prohibited activity (without regard to whether subsection (b) applies), the President shall, by order, impose the sanctions described in subsection (d) on such person.

(d)Sanctions

The following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect to any United States person or any foreign person:

(1)Ban on dealings in Government finance

(A)Designation as primary dealer

Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the person as a primary dealer in United States Government debt instruments.

(B)Service as depositary

The person may not serve as a depositary for United States Government funds.

(2)Restrictions on operations

The person may not, directly or indirectly—

(A)commence any line of business in the United States in which the person was not engaged as of the date of the order; or

(B)conduct business from any location in the United States at which the person did not conduct business as of the date of the order.

(e)Consultation with and actions by foreign government of jurisdiction

(1)Consultations

If the President makes a determination under subsection (c) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with any appropriate foreign government with respect to the imposition of any sanction pursuant to this section.

(2)Actions by government of jurisdiction

(A)Suspension of period for imposing sanctions

In order to pursue consultations described in paragraph (1) with any government referred to in such paragraph, the President may delay, for up to 90 days, the effective date of an order under subsection (c) imposing any sanction.

(B)Coordination with activities of foreign government

Following consultations described in paragraph (1), the order issued by the President under subsection (c) imposing any sanction on a foreign person shall take effect unless the President determines, and certifies in writing to the Congress, that the government referred to in paragraph (1) has taken specific and effective actions, including the imposition of appropriate penalties, to terminate the involvement of the foreign person in any prohibited activity.

(C)Extension of period

After the end of the period described in subparagraph (A), the President may delay, for up to an additional 90 days, the effective date of an order issued under subsection (b) imposing any sanction on a foreign person if the President determines, and certifies in writing to the Congress, that the appropriate foreign government is in the process of taking actions described in subparagraph (B).

(3)Report to Congress

Before the end of the 90-day period beginning on the date on which an order is issued under subsection (c), the President shall submit to the Congress a report on—

(A)the status of consultations under this subsection with the government referred to in paragraph (1); and

(B)the basis for any determination under paragraph (2) that such government has taken specific corrective actions.

(f)Termination of sanctions

Any sanction imposed on any person pursuant to an order issued under subsection (c) shall—

(1)remain in effect for a period of not less than 12 months; and

(2)cease to apply after the end of such 12-month period only if the President determines, and certifies in writing to the Congress, that—

(A)the person has ceased to engage in any prohibited activity; and

(B)the President has received reliable assurances from such person that the person will not, in the future, engage in any prohibited activity.

(g)Waiver

The President may waive the continued application of any sanction imposed on any person pursuant to an order issued under subsection (c) 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 the safety and soundness of the domestic or international financial system or on domestic or international payments systems.

(h)Enforcement action

The Attorney General may bring an action in an appropriate district court of the United States for injunctive and other appropriate relief with respect to—

(1)any violation of subsection (b); or

(2)any order issued pursuant to subsection (c).

(i)“Knowingly” defined

(1)In general

For purposes of this section, the term “knowingly” means the state of mind of a person with respect to conduct, a circumstance, or a result in which—

(A)such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or

(B)such person has a firm belief that such circumstance exists or that such result is substantially certain to occur.

(2)Knowledge of the existence of a particular circumstance

If knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist.

(j)Scope of application

This section shall apply with respect to prohibited activities which occur on or after the date this subchapter takes effect.

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the date this subchapter takes effect, referred to in subsec. (j), as 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an

Effective Date

note under section 6301 of this title.

Amendments

1996—Subsec. (c). Pub. L. 104–164, § 157(b)(1), struck out “in writing after opportunity for a hearing on the record” after “If the President determines,”. Subsec. (e). Pub. L. 104–164, § 157(b)(2), (3), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “Any determination of the President under subsection (c) of this section shall be subject to judicial review in accordance with chapter 7 of part I of title 5.” Subsecs. (f) to (k). Pub. L. 104–164, § 157(b)(3), redesignated subsecs. (g) to (k) as (f) to (j), respectively. Former subsec. (f) redesignated (e).

Statutory Notes and Related Subsidiaries

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.

§6303 Prohibition on Assisting Nuclear Proliferation Through Provision of Financing

Summary

Title 22, §6303

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata