Page:United States Statutes at Large Volume 108 Part 1.djvu/534

 108 STAT. 508 PUBLIC LAW 103-236—APR. 30, 1994 ''(ii) sales or leases have been denied under section 3(f) of the Arms Export Control Act or transactions prohibited by reason of acts relating to proliferation of nuclear explosive devices as described in section 40(d) of that Act; "(iii) a s£inction has not been imposed by reason of section 821(c)(2) of the Nuclear Proliferation Prevention Act of 1994 or the imposition of a sanction has been delayed under section 102(b)(4) of the Arms Export Control Act; or "(iv) a waiver of a sanction has been made under— "(I) section 821(f) or section 824 of the Nuclear Proliferation Prevention Act of 1994, "(II) section 620E(d) of the Foreign Assistance Act of 1961, or paragraph (5) or (6)(B) of section 102(b) of the Arms Export Control Act, "(III) section 40(g) of the Arms Export Control Act with respect to the last sentence of section 40(d) of that Act, or "(IV) section 614 of the Foreign Assistance Act of 1961 with respect to section 620E of that Act or section 3(f), the last sentence of section 40(d), or 102(b)(l) of the Arms Export Control Act; and "(C) the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peacefiil nuclear activities. Portions of the information required by paragraph (6) may be submitted in classified form, as necessary. Any such information that may not be published or disclosed under section 12(c)(l) of the Export Administration Act of 1979 shall be submitted as confidential. ". 22 USC 3201 PART B—SANCTIONS FOR NUCLEAR note. _ . _ PROLIFERATION SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS ENGAGING IN EXPORT ACTIYITIES THAT CONTRIBUTE TO PROLIFERATION. (a) DETERMINATION BY THE 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 part, 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 830(2)), to the efforts by any individual, group, or non-nuclearweapon 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—

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