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Legislative Basis for US Sanctions Against Supplier Countries
This page provides a survey of US sanctions law concerning supplier countries of nuclear, chemical/biological, and missile-related technology, as well as legislation specific to a particular region.
NUCLEAR
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| Atomic Energy Act (AEA) of 1954 (as
amended)
[AEA Section 129(2)] |
--Requires the cut-off of U.S. nuclear
cooperation with countries that transfer U.S.-supplied nuclear materials or
technology without prior U.S. permission
--Requires a cut-off of nuclear cooperation with nuclear-weapon states that assist, encourage, or induce a non-nuclear-weapon state to engage in activities that involve nuclear materials and are significant in the making or acquisition of a nuclear explosive device |
| Symington (1976) and Glenn (1977) Amendments to the Foreign Assistance Act (FAA) of 1961 | --(Symington) Prohibits economic and
military assistance for countries that deliver or receive nuclear enrichment
equipment, materials, or technology, unless under IAEA full-scope safeguards
--(Glenn) Requires extensive sanctions affecting economic and military relations with countries that transfer to a non-nuclear-weapon state "any design information or component" that is important to nuclear weapons development and is known by the transferor to be intended for such use --Requires the President (unless he issues a waiver) to cut off economic and military aid to countries that supply the wherewithal for enriching uranium or extracting plutonium from spent nuclear fuel (reprocessing) unless all the recipient’s nuclear facilities are under IAEA safeguards (full-scope safeguards) --The President can issue a waiver if U.S. economic or military aid is "in the national interest of the United States" |
| Nuclear Non-Proliferation Act (NNPA) of 1978 | --Strengthens the conditions of the AEA |
| Nuclear Proliferation Prevention Act (NPPA) of 1994 | --Bars U.S. government purchases from
foreign companies that "knowingly and materially" contribute to the development
of nuclear weapons by a non-nuclear-weapon state
--Bars the sale or lease of military-related equipment to any country that violates the NPT --Requires sanctions against those who finance improper nuclear-related cooperation --Requires the halting of Export-Import Bank loans and loan guarantees in countries that willfully aid or abet a non-nuclear-weapon state to acquire nuclear weapons or unsafeguarded nuclear material |
CHEMICAL AND BIOLOGICAL WEAPONS (CBW)
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Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
(imposed against China in May 1997) |
--Requires the President (unless he
issues a waiver) to deny U.S. government procurement or any U.S. imports from
"foreign persons" (individuals or firms) knowingly and materially contributing
to chemical or biological weapons proliferation through the export of goods or
technologies either covered by the Act, or that would be covered by the Act if
they were produced in the United States
--Bans such exports to "terrorist nations": Iran, Libya, Syria, North Korea, Iraq, and Cuba |
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1990 Missile Technology Control Act
(imposed against China in May 1991 and August 1993) |
--Requires sanctions if the President
determines that a U.S. or foreign person (including corporate and government
entities) knowingly "exports, transfers, or otherwise engages in the trade of
any MTCR equipment or technology that contributes to the acquisition, design,
development, or production of missiles in a country that is no an MTCR adherent"
--If a transfer "substantially" contributes to the missile development of a non-MTCR country, an additional sanction prohibiting the import of products produced by the sanctioned entity is imposed --The President can issues waivers of sanctions if "essential" to U.S. national security --Sanctions on foreign persons do not apply if the transfer is authorized by an MTCR adherent, if the transfer’s end-use is taking enforcement action against the entity or has found the entity innocent of wrongdoing --NOTE: China is not an MTCR adherent for the purposes of the Act |
REGION/COUNTRY-SPECIFIC
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| Iran Nonproliferation Act of 2000 | -- Requires sanctions on foreign persons that transfer to Iran items covered by the Nuclear Suppliers Group, Missile Technology Control Regime, the Australia Group, the CWC, or the Wassenaar Arrangement. |
| Iran-Iraq Arms Non-Proliferation Act of 1992 | --Requires sanctions on countries that
transfer to Iran or Iraq any goods or technology (including dual-use items and
training or information) that "could" contribute to the acquisition of WMD and
their delivery systems
--Requires sanctions on countries exporting "destabilizing" conventional weapons to Iran or Iraq |
| Executive Order 12938: Nonproliferation of Weapons of Mass Destruction, 14 November 1994 | --Authorizes an import ban on any entity involved in the transfer of materials that could be used to assist a biological or chemical weapons program. |
| Executive Order 13094: Nonproliferation of Weapons of Mass Destruction, 28 July 1998 | --Expands the scope of Executive Order 12938 to include any material contributions to any WMD programs or to the development of missiles capable of delivering WMD. |
Updated 05/27/2003
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
