Page:United States Statutes at Large Volume 90 Part 1.djvu/805

 PUBLIC LAW 94-329—JUNE 30, 1976

90 STAT. 755

under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4 for a purpose not authorized under such agreement; (ii) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (iii) by failing to maintain the security of such articles or services. "(B) No cash sales or deliveries pursuant to previous sales may be made with respect to any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4, for a purpose not authorized under such agreement. "(2) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred. "(3)(A) A country shall be deemed to be ineligible under subparagraph (A) of paragraph (1) of this subsection, or both subparagraphs (A) and (B) of such paragraph in the case of a violation described in both such paragraphs, if the President so determines and so reports in writing to the Congress, or if the Congress so determines by joint resolution. "(B) Notwithstanding a determination by the President of ineligibility under subparagraph (B) of paragraph (1) of this subsection, cash sales and deliveries pursuant to previous sales may be made if the President certifies in writing to the Congress that a termination thereof would have significant adverse impact on United States security, unless the Congress adopts or has adopted a joint resolution pursuant to subparagraph (A) of this paragraph with respect to such ineligibility. " (4) A country shall remain ineligible in accordance with paragraph (1) of this subsection until such time as— "(A) the President determines that the violation has ceased; and "(B) the countiy concerned has given assurances satisfactory to the President that such violation will not recur.". (2) Section 3(d) of the Foreign Military Sales Act is repealed and subsections (e) and (f) of such section, as added by section 204 of this Act, are redesignated as subsections (d) and (e), respectively. NUCLEAR TRANSFERS

22 USC 2754.

Report to Congress,

.

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Repeal. Ante, p. 735.



SEC. 305. Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 669. NUCLEAR TRANSFERS.— (a) Except as provided in subsec- 22 USC 2429. tion (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of—, " (1) providing economic assistance; "(2) providing military or security supporting assistance or grant military education and training; or "(3) extending military credits or making gaiarantees; to any country which— "(A) delivers nuclear reprocessing or enrichment equipment, materials, or technology to any other country; or

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