PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 511 be, that such person will not, in the future, aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in subsection (a)(1). (f) WAIVER.— (1) CRITERION FOR WAIVER.— The President may waive the application of the sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, 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 vital United States interests. (2) NOTIFICATION OF AND REPORT TO CONGRESS.—If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. SEC. 822. ELIGIBILITY FOR ASSISTANCE. (a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT. — (1) PROHIBITION. —Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end the following new subsection: "(f) No sales or leases shall be made to any country that the President has determined is in material breach of its binding commitments to the United States under international treaties or agreements concerning the nonproliferation of nuclear explosive devices (as defined in section 830(4) of the Nuclear Proliferation Prevention Act of 1994) and unsafeguarded special nuclear material (as defined in section 830(8) of that Act).". (2) DEFINITION OF SUPPORT FOR INTERNATIONAL TERROR- ISM. — Section 40 of such Act (22 U.S.C. 2780) is amended— (A) in subsection (d), by adding at the end the following new sentence: "For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material."; and (B) in subsection (1)— (i) in paragraph (2), by striking "and" after the semicolon; (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: "(4) the term 'nuclear explosive device' has the meaning ^ven that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994; and "(5) the term 'unsafeguarded special nuclear material' has the meaning given that term in section 830(8) of the Nuclear Proliferation Prevention Act of 1994.". (b) FOREIGN ASSISTANCE ACT OF 1961. — (1) PRESIDENTIAL DETERMINATION 82-7.— Notwithstanding any other provision of law, Presidential Determination No. 82-7 of February 10, 1982, made pursuant to section 670(a)(2)
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