22 USC 2593e - Measures against persons involved in activities that violate arms control treaties or agreements with the United States

U.S Code last checked for updates: Nov 22, 2024

§ 2593e.

Measures against persons involved in activities that violate arms control treaties or agreements with the United States

(a)

Reports on persons that violate treaties or agreements

(1)

In general

Not later than 30 days after the submittal to Congress of an annual report on the status of United States policy and actions with respect to arms control, nonproliferation, and disarmament pursuant to section 2593a of this title, the Secretary of the Treasury shall submit to the appropriate congressional committees a report, consistent with the protection of intelligence sources and methods, identifying every person with respect to whom there is credible information indicating that—

(A)

the person—

(i)

(I)

is an individual who is a citizen, national, or permanent resident of a country described in paragraph (2); or

(II)

is an entity organized under the laws of a country described in paragraph (2); and

(ii)

has engaged in any activity that contributed to or is a significant factor in the President’s or the Secretary of State’s determination that such country is not in full compliance with its obligations as further described in paragraph (2); or

(B)

the person has provided material support for such non-compliance to a person described in subparagraph (A).

(2)

Country described

(3)

Excluded countries

The following countries are not described for purposes of paragraph (2):

(A)

The United States.

(B)

Any country determined by the Director of National Intelligence to be closely cooperating in intelligence matters with the United States in the period covered by the most recent annual report described in paragraph (1), regardless of the extent of the compliance of such country with the obligations described in paragraph (2) during such period.

(b)

Imposition of measures

(c)

Measures described

(1)

In general

(2)

Exception for major routes of supply

(3)

Requirement to revise regulations

(A)

In general

(B)

Certifications

(C)

Remedies

If the head of an executive agency determines that a person has submitted a false certification under subparagraph (B) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this paragraph becomes effective—

(i)

the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years;

(ii)

any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations; and

(iii)

the Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (B).

(d)

Waiver for lack of knowing violation

(1)

In general

The President may waive the application of measures on a case-by-case basis under subsection (b) with respect to a person if the President—

(A)

determines that—

(i)

(I)

in the case of a person described in subsection (a)(1)(A), the person did not knowingly engage in any activity described in such subsection;

(II)

in the case of a person described in subsection (a)(1)(B), the person conducted or facilitated a transaction or transactions with, or provided financial services to, a person described in subsection (a)(1)(A) that did not knowingly engage in any activity described in such subsection; and

(III)

in the case of a person described in subsection (a)(1)(A) or (a)(1)(B), the person has terminated the activity for which otherwise covered by such subsection or has provided verifiable assurances that the person will terminate such activity; and

(ii)

the waiver is in the national security interest of the United States; and

(B)

submits to the appropriate congressional committees a report on the determination and the reasons for the determination.

(2)

Form of report

(e)

Waiver to prevent disclosure of intelligence sources and methods

The President may waive the application of measures on a case-by-case basis under subsection (b) with respect to a person if the President—

(1)

determines that the waiver is necessary to prevent the disclosure of intelligence sources or methods; and

(2)

submits to the appropriate congressional committees a report, consistent with the protection of intelligence sources and methods, on the determination and the reasons for the determination.

(f)

Timing of imposition

(1)

In general

(2)

Delay

(A)

In general

(B)

Additional delay

(3)

Report

(g)

Termination

(1)

Termination through compliance of country with arms control and other agreements

(2)

Termination through cessation by person of violating activities

(h)

Appropriate congressional committees defined

In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)

the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

(Pub. L. 114–328, div. A, title XII, § 1290, Dec. 23, 2016, 130 Stat. 2555.)

cite as: 22 USC 2593e