Collapse to view only § 5604. Determinations regarding use of chemical or biological weapons
- § 5601. Purposes
- § 5602. Multilateral efforts
- § 5603. United States export controls
- § 5604. Determinations regarding use of chemical or biological weapons
- § 5605. Sanctions against use of chemical or biological weapons
- § 5606. Repealed.
§ 5601. Purposes
The purposes of this chapter are—
(1) to mandate United States sanctions, and to encourage international sanctions, against countries that use chemical or biological weapons in violation of international law or use lethal chemical or biological weapons against their own nationals, and to impose sanctions against companies that aid in the proliferation of chemical and biological weapons;
(2) to support multilaterally coordinated efforts to control the proliferation of chemical and biological weapons;
(3) to urge continued close cooperation with the Australia Group and cooperation with other supplier nations to devise ever more effective controls on the transfer of materials, equipment, and technology applicable to chemical or biological weapons production; and
(4) to require Presidential reports on efforts that threaten United States interests or regional stability by Iran, Iraq, Syria, Libya, and others to acquire the materials and technology to develop, produce, stockpile, deliver, transfer, or use chemical or biological weapons.
(Pub. L. 102–182, title III, § 302, Dec. 4, 1991, 105 Stat. 1245.)
§ 5602. Multilateral efforts
(a) Multilateral controls on proliferationIt is the policy of the United States to seek multilaterally coordinated efforts with other countries to control the proliferation of chemical and biological weapons. In furtherance of this policy, the United States shall—
(1) promote agreements banning the transfer of missiles suitable for armament with chemical or biological warheads;
(2) set as a top priority the early conclusion of a comprehensive global agreement banning the use, development, production, and stockpiling of chemical weapons;
(3) seek and support effective international means of monitoring and reporting regularly on commerce in equipment, materials, and technology applicable to the attainment of a chemical or biological weapons capability; and
(4) pursue and give full support to multilateral sanctions pursuant to United Nations Security Council Resolution 620, which declared the intention of the Security Council to give immediate consideration to imposing “appropriate and effective” sanctions against any country which uses chemical weapons in violation of international law.
(b) Multilateral controls on chemical agents, precursors, and equipmentIt is also the policy of the United States to strengthen efforts to control chemical agents, precursors, and equipment by taking all appropriate multilateral diplomatic measures—
(1) to continue to seek a verifiable global ban on chemical weapons at the 40 nation Conference on Disarmament in Geneva;
(2) to support the Australia Group’s objective to support the norms and restraints against the spread and the use of chemical warfare, to advance the negotiation of a comprehensive ban on chemical warfare by taking appropriate measures, and to protect the Australia Group’s domestic industries against inadvertent association with supply of feedstock chemical equipment that could be misused to produce chemical weapons;
(3) to implement paragraph (2) by proposing steps complementary to, and not mutually exclusive of, existing multilateral efforts seeking a verifiable ban on chemical weapons, such as the establishment of—
(A) a harmonized list of export control rules and regulations to prevent relative commercial advantage and disadvantages accruing to Australia Group members,
(B) liaison officers to the Australia Group’s coordinating entity from within the diplomatic missions,
(C) a close working relationship between the Australia Group and industry,
(D) a public unclassified warning list of controlled chemical agents, precursors, and equipment,
(E) information-exchange channels of suspected proliferants,
(F) a “denial” list of firms and individuals who violate the Australia Group’s export control provisions, and
(G) broader cooperation between the Australia Group and other countries whose political commitment to stem the proliferation of chemical weapons is similar to that of the Australia Group; and
(4) to adopt the imposition of stricter controls on the export of chemical agents, precursors, and equipment and to adopt tougher multilateral sanctions against firms and individuals who violate these controls or against countries that use chemical weapons.
(Pub. L. 102–182, title III, § 303, Dec. 4, 1991, 105 Stat. 1245.)
§ 5603. United States export controls
The President shall—
(1) use the authorities of the Arms Export Control Act [22 U.S.C. 2751 et seq.] to control the export of those defense articles and defense services, and
(2) use the authorities of the Export Administration Act of 1979 to control the export of those goods and technology,
that the President determines would assist the government of any foreign country in acquiring the capability to develop, produce, stockpile, deliver, or use chemical or biological weapons.
(Pub. L. 102–182, title III, § 304(a), Dec. 4, 1991, 105 Stat. 1246.)
§ 5604. Determinations regarding use of chemical or biological weapons
(a) Determination by President
(1) When determination required; nature of determination
(2) Matters to be considered
In making the determination under paragraph (1), the President shall consider the following:
(A) All physical and circumstantial evidence available bearing on the possible use of such weapons.
(B) All information provided by alleged victims, witnesses, and independent observers.
(C) The extent of the availability of the weapons in question to the purported user.
(D) All official and unofficial statements bearing on the possible use of such weapons.
(E) Whether, and to what extent, the government in question is willing to honor a request from the Secretary General of the United Nations to grant timely access to a United Nations fact-finding team to investigate the possibility of chemical or biological weapons use or to grant such access to other legitimate outside parties.
(3) Determination to be reported to Congress
(b) Congressional requests; report
(1) Request
(2) Report to Congress
(Pub. L. 102–182, title III, §§ 306, 309(b)(3), Dec. 4, 1991, 105 Stat. 1252, 1259.)
§ 5605. Sanctions against use of chemical or biological weapons
(a) Initial sanctionsIf, at any time, the President makes a determination pursuant to section 5604(a)(1) of this title with respect to the government of a foreign country, the President shall forthwith impose the following sanctions:
(1) Foreign assistance
(2) Arms salesThe United States Government shall terminate—
(A) sales to that country under the Arms Export Control Act [22 U.S.C. 2751 et seq.] of any defense articles, defense services, or design and construction services, and
(B) licenses for the export to that country of any item on the United States Munitions List.
(3) Arms sales financing
(4) Denial of United States Government credit or other financial assistance
(5) Exports of national security-sensitive goods and technology
(b) Additional sanctions if certain conditions not met
(1) Presidential determinationUnless, within 3 months after making a determination pursuant to section 5604(a)(1) of this title with respect to a foreign government, the President determines and certifies in writing to the Congress that—
(A) that government is no longer using chemical or biological weapons in violation of international law or using lethal chemical or biological weapons against its own nationals,
(B) that government has provided reliable assurances that it will not in the future engage in any such activities, and
(C) that government is willing to allow on-site inspections by United Nations observers or other internationally recognized, impartial observers, or other reliable means exist, to ensure that that government is not using chemical or biological weapons in violation of international law and is not using lethal chemical or biological weapons against its own nationals,
then the President, after consultation with the Congress, shall impose on that country the sanctions set forth in at least 3 of subparagraphs (A) through (F) of paragraph (2).
(2) SanctionsThe sanctions referred to in paragraph (1) are the following:
(A) Multilateral development bank assistance
(B) Bank loans
(C) Further export restrictions
(D) Import restrictions
(E) Diplomatic relations
(F) Presidential action regarding aviation
(i)(I) The President is authorized to notify the government of a country with respect to which the President has made a determination pursuant to section 5604(a)(1) of this title of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States.(II) Within 10 days after the date of notification of a government under subclause (I), the Secretary of Transportation shall take all steps necessary to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services.
(ii)(I) The President may direct the Secretary of State to terminate any air service agreement between the United States and a country with respect to which the President has made a determination pursuant to section 5604(a)(1) of this title, in accordance with the provisions of that agreement.(II) Upon termination of an agreement under this clause, the Secretary of Transportation shall take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States.
(iii) The Secretary of Transportation may provide for such exceptions from clauses (i) and (ii) as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened.
(iv) For purposes of this subparagraph, the terms “air transportation”, “air carrier”, “foreign air carrier”, and “foreign air transportation” have the meanings such terms have under section 40102(a) of title 49.
(c) Removal of sanctionsThe President shall remove the sanctions imposed with respect to a country pursuant to this section if the President determines and so certifies to the Congress, after the end of the 12-month period beginning on the date on which sanctions were initially imposed on that country pursuant to subsection (a), that—
(1) the government of that country has provided reliable assurances that it will not use chemical or biological weapons in violation of international law and will not use lethal chemical or biological weapons against its own nationals;
(2) that government is not making preparations to use chemical or biological weapons in violation of international law or to use lethal chemical or biological weapons against its own nationals;
(3) that government is willing to allow on-site inspections by United Nations observers or other internationally recognized, impartial observers to verify that it is not making preparations to use chemical or biological weapons in violation of international law or to use lethal chemical or biological weapons against its own nationals, or other reliable means exist to verify that it is not making such preparations; and
(4) that government is making restitution to those affected by any use of chemical or biological weapons in violation of international law or by any use of lethal chemical or biological weapons against its own nationals.
(d) Waiver
(1) Criteria for waiverThe President may waive the application of any sanction imposed with respect to a country pursuant to this section—
(A) if—
(i) in the case of any sanction other than a sanction specified in subsection (b)(2)(D) (relating to import restrictions) or (b)(2)(E) (relating to the downgrading or suspension of diplomatic relations), the President determines and certifies to the Congress that such waiver is essential to the national security interests of the United States, and if the President notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of his determination and certification at least 15 days before the waiver takes effect, in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 [22 U.S.C. 2394–1], or
(ii) in the case of any sanction specified in subsection (b)(2)(D) (relating to import restrictions), the President determines and certifies to the Congress that such waiver is essential to the national security interest of the United States, and if the President notifies the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of his determination and certification at least 15 days before the waiver takes effect; or
(B) if the President determines and certifies to the Congress that there has been a fundamental change in the leadership and policies of the government of that country, and if the President notifies the Congress at least 20 days before the waiver takes effect.
(2) Report
(e) Contract sanctity
(1) Sanctions not applied to existing contracts
(A) A sanction described in paragraph (4) or (5) of subsection (a) or in any of subparagraphs (A) through (D) of subsection (b)(2) shall not apply to any activity pursuant to any contract or international agreement entered into before the date of the presidential determination under section 5604(a)(1) of this title unless the President determines, on a case-by-case basis, that to apply such sanction to that activity would prevent the performance of a contract or agreement that would have the effect of assisting a country in using chemical or biological weapons in violation of international law or in using lethal chemical or biological weapons against its own nationals.
(B) The same restrictions of subsection (p) of section 4605 1 of title 50, as that subsection is so redesignated by section 304(b) of this title, which are applicable to exports prohibited under section 4605 1 of title 50, shall apply to exports prohibited under subsection (a)(5) or (b)(2)(C) of this section. For purposes of this subparagraph, any contract or agreement the performance of which (as determined by the President) would have the effect of assisting a foreign government in using chemical or biological weapons in violation of international law or in using lethal chemical or biological weapons against its own nationals shall be treated as constituting a breach of the peace that poses a serious and direct threat to the strategic interest of the United States, within the meaning of subparagraph (A) of section 4605(p) 1 of title 50.
(2) Sanctions applied to existing contracts
(Pub. L. 102–182, title III, § 307, Dec. 4, 1991, 105 Stat. 1254.)
§ 5606. Repealed. Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(B), Sept. 30, 2002, 116 Stat. 1441