PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 515 has willfully aided or abetted any non-nuclear-weapon state (as defined in section 830(5) of that Act) to acquire any such nuclear explosive device or to acquire iinsafeguarded special nuclear material (as defined in section 83(K8) of that Act).". SEC. 826. AMENDMENT TO THE ARMS EXPORT CONTROL ACT. (a) IN GENERAL. —The Arms Export Control Act is amended by adding at the end the following new chapter: "CHAPTER 10—NUCLEAR NONPROLIFERATION CONTROLS "SEC. 101. NUCLEAR ENRICHMENT TRANSFERS. 22 USC 2799aa. "(a) PROHIBITIONS; SAFEGUARDS AND MANAGEMENT. — Except as provided in subsection (b) of this section, no funds made available to carry out the Foreign Assistance Act of 1961 or this Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II of the Foreign Assistance Act of 1961), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act, or extending military credits or making guarantees, to any country which the President determines delivers nuclear enrichment equipment, materials, or technology to any other country on or after August 4, 1977, or receives such equipment, materials, or technology from any other country on or after August 4, 1977, unless before such delivery—
- (1) the supplying country and receiving country have
reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and "(2) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency. "(b) CERTIFICATION BY PRESIDENT OF NECESSITY OF CONTINUED ASSISTANCE; DISAPPROVAL BY CONGRESS. —(1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that— "(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and "(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so. Such certification shall set forth the reasons supporting such determination in each particular case. "(2)(A) A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within thirty calendar days after receiving this certification, the Congress enacts a joint resolution stating m substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the enactment of that resolution the certification shall cease to be effective and
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