Page 1279 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6305

for up to an additional 90 days, the effective

date of an order issued under subsection (b)

of this section 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) of this section, 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) of this

section 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)

of this section 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) of this section; or

(2) any order issued pursuant to subsection

(c) of this section.

(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.

(Pub. L. 103–236, title VIII, §824, Apr. 30, 1994, 108

Stat. 512; Pub. L. 104–164, title I, §157(b), July 21,

1996, 110 Stat. 1440.)

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).

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 6304. Reporting on demarches

(1) It is the sense of the Congress that the Department of State should, in the course of implementing its reporting responsibilities under

section 3282(c) of this title, include a summary

of demarches that the United States has issued

or received from foreign governments with respect to activities which are of significance from

the proliferation standpoint.

(2) For purposes of this section, the term ‘‘demarche’’ means any official communication by

one government to another, by written or oral

means, intended by the originating government

to express—

(A) a concern over a past, present, or possible future action or activity of the recipient

government, or of a person within the jurisdiction of that government, contributing to the

global spread of unsafeguarded special nuclear

material or of nuclear explosive devices;

(B) a request for the recipient government to

counter such action or activity; or

(C) both the concern and request described

in subparagraphs (A) and (B).

(Pub. L. 103–236, title VIII, §828(b), Apr. 30, 1994,

108 Stat. 520.)

§ 6305. Definitions

For purposes of this subchapter—

(1) the term ‘‘foreign person’’ means—

(A) an individual who is not a citizen of

the United States or an alien admitted for