(Pub. L. 90–629, ch. 3, § 40, as added Pub. L. 99–399, title V, § 509(a),Aug. 27, 1986, 100 Stat. 874; amended Pub. L. 101–222, § 2(a),Dec. 12, 1989, 103 Stat. 1892; Pub. L. 102–138, title III, § 321,Oct. 28, 1991, 105 Stat. 710; Pub. L. 103–236, title VIII, § 822(a)(2),Apr. 30, 1994, 108 Stat. 511; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XIII, § 1303], Nov. 29, 1999, 113 Stat. 1536, 1501A–511; Pub. L. 107–228, div. B, title XII, § 1204,Sept. 30, 2002, 116 Stat. 1427; Pub. L. 111–195, title I, § 107(a)(3),July 1, 2010, 124 Stat. 1337.)
References in Text
This chapter, referred to in subsecs. (a)(1), (2), (i)(1), and (k), was in the original “this Act”, and this chapter, referred to in subsec. (i)(2), was in the original “the Arms Export Control Act”, both of which mean Pub. L. 90–629
, Oct. 22, 1968, 82 Stat. 1321
, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1), (2) and (i)(2), is Pub. L. 87–195
, Sept. 4, 1961, 75 Stat. 424
, as amended, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
Section 40(d) of the Arms Export Control Act, referred to in subsec. (f)(2)(A), is classified to subsec. (d) of this section.
Paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act (as contained in Public Law 98–473), referred to in subsec. (f)(2)(B), is Pub. L. 98–473
, title I, § 101(h) [title VIII, § 8066(c)(3)–(7)], Oct. 12, 1984, 98 Stat. 1904
, 1936, 1937, which is not classified to the Code.
The National Security Act of 1947, referred to in subsec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495
, as amended. Title V of the National Security Act of 1947 is classified generally to subchapter III (§ 413 et seq.) of chapter 15 of Title
, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section
The Export Administration Act of 1979, referred to in subsec. (k), is Pub. L. 96–72
, Sept. 29, 1979, 93 Stat. 503
, as amended, which is classified principally to section
et seq. of the Appendix to Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of the Appendix to Title 50 and Tables.
2010—Subsec. (j). Pub. L. 111–195
substituted “20 years” for “10 years”.
2002—Subsec. (d). Pub. L. 107–228
substituted “groups,” for “groups or” in second sentence and inserted before period at end “, or willfully aid or abet the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, biological, or radiological weapons”.
1999—Subsec. (k). Pub. L. 106–113
inserted “section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that” after “except that”.
1994—Subsec. (d). Pub. L. 103–236
, § 822(a)(2)(A), inserted at end “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.”
Subsec. (l). Pub. L. 103–236
, § 822(a)(2)(B), amended subsec. (l) by striking “and” after the semicolon in par. (2), substituting a semicolon for the period at the end of par. (3), and adding pars. (4) and (5).
1991—Subsec. (f). Pub. L. 102–138
, § 321, designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A) and former subpars. (A) to (C) as cls. (i) to (iii), respectively, redesignated former par. (2) as subpar. (B) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2). So much of Pub. L. 102–138
, § 321(1), as directed that subpar. (C) of former par. (2) be redesignated cl. (iii) of par. (1)(B), could not be executed because no such subpar. (C) had been enacted.
1989—Pub. L. 101–222
substituted “Transactions with” for “Exports to” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a) Prohibition.—Except as provided in subsection (b) of this section, items on the United States Munitions List may not be exported to any country which the Secretary of State has determined, for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 App.
), has repeatedly provided support for acts of international terrorism.
“(b) Waiver.—The President may waive the prohibition contained in subsection (a) of this section in the case of a particular export if the President determines that the export is important to the national interests of the United States and submits to the Congress a report justifying that determination and describing the proposed export. Any such waiver shall expire at the end of 90 days after it is granted unless the Congress enacts a law extending the waiver.”
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–236
effective 60 days after Apr. 30, 1994, see section 831 ofPub. L. 103–236
, set out as an Effective Date note under section
of this title.