§ 6302 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1278

1So in original.

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

Section 801 of title VIII of Pub. L. 103–236 provided

that: ‘‘This title [enacting this chapter and sections

2799aa to 2799aa–2 of this title, amending sections 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 sections 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

Section 851 of Pub. L. 103–236, 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repealed, and any provision of law repealed by those

parts was to be reenacted, was itself repealed by Pub.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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3281 of this title.

§ 6302. Role of international financial institutions

The Secretary of the Treasury shall instruct

the United States executive director to each of

the international financial institutions described in section 262d(a) of this title to use the

voice and vote of the United States to oppose

any use of the institution’s funds to promote the

acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of

any nuclear explosive device by any non-nuclear-weapon state.

(Pub. L. 103–236, title VIII, §823(a), Apr. 30, 1994,

108 Stat. 512.)

§ 6303. Prohibition on assisting nuclear proliferation through provision of financing

(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,,1 that a United

States person or a foreign person has engaged in

a prohibited activity (without regard to whether

subsection (b) of this section applies), the President shall, by order, impose the sanctions described in subsection (d) of this section on such

person.

(d) Sanctions

The following sanctions shall be imposed pursuant to any order issued under subsection (c) of

this section 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) of this section 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) of this

section 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) of this section 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,