-CITE-
    22 USC CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL
           AND BIOLOGICAL WEAPONS                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
      CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                                  WEAPONS

-MISC1-
    Sec.                                                     
    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       Repealed.                                             

                             PRIOR PROVISIONS                         
      A prior chapter 65, enacted by Pub. L. 102-138, title V, Oct. 28,
    1991, 105 Stat. 722, contained provisions substantially identical
    to those enacted by Pub. L. 102-182, title III, Dec. 4, 1991, 105
    Stat. 1245, prior to repeal by Pub. L. 102-182, title III, Sec.
    309(a), Dec. 4, 1991, 105 Stat. 1258.

-End-



-CITE-
    22 USC Sec. 5601                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
    Sec. 5601. Purposes

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 102-182, title III, Sec. 302, Dec. 4, 1991, 105 Stat.
    1245.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title III of Pub. L. 102-182, Dec. 4, 1991, 105
    Stat. 1245, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note below and Tables.


-MISC1-
                                SHORT TITLE                            
      Section 301 of title III of Pub. L. 102-182 provided that: "This
    title [enacting this chapter, section 2798 of this title, and
    section 2410c of Title 50, Appendix, War and National Defense,
    amending sections 2798 and 5604 of this title and sections 2405 and
    2410c of Title 50, Appendix, and repealing provisions which enacted
    this chapter, section 2798 of this title, and section 2410c of
    Title 50, Appendix, and which amended section 2405 of Title 50,
    Appendix] may be cited as the 'Chemical and Biological Weapons
    Control and Warfare Elimination Act of 1991'."
      Pub. L. 102-138, title V, Sec. 501, Oct. 28, 1991, 105 Stat. 722,
    which provided that title V of Pub. L. 102-138, which enacted this
    chapter, section 2798 of this title, and section 2410c of Title 50,
    Appendix, War and National Defense, and amended section 2405 of
    Title 50, Appendix, was to be cited as the "Chemical and Biological
    Weapons Control and Warfare Elimination Act of 1991", was repealed
    by section 309(a) of Pub. L. 102-182.

           MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS       
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,
    chapter 2], Nov. 29, 1999, 113 Stat. 1536, 1501A-490, provided
    that:

      "SEC. 1121. SHORT TITLE.
      "This chapter may be cited as the 'National Security and
    Corporate Fairness under the Biological Weapons Convention Act'.

      "SEC. 1122. DEFINITIONS.
      "In this chapter:
        "(1) Biological weapons convention. - The term 'Biological
      Weapons Convention' means the 1972 Convention on the Prohibition
      of the Development, Production and Stockpiling of Bacteriological
      (Biological) and Toxin Weapons and on their Destruction.
        "(2) Compliance protocol. - The term 'compliance protocol'
      means that segment of a bilateral or multilateral agreement that
      enables investigation of questions of compliance entailing
      written data or visits to facilities to monitor compliance.
        "(3) Industry. - The term 'industry' means any corporate or
      private sector entity engaged in the research, development,
      production, import, and export of peaceful pharmaceuticals and
      bio-technological and related products.

      "SEC. 1123. FINDINGS.
      "Congress makes the following findings:
        "(1) The threat of biological weapons and their proliferation
      is one of the greatest national security threats facing the
      United States.
        "(2) The threat of biological weapons and materials represents
      a serious and increasing danger to people around the world.
        "(3) Biological weapons are relatively inexpensive to produce,
      can be made with readily available expertise and equipment, do
      not require much space to make and can therefore be readily
      concealed, do not require unusual raw materials or materials not
      readily available for legitimate purposes, do not require the
      maintenance of stockpiles, or can be delivered with low-
      technology mechanisms, and can effect widespread casualties even
      in small quantities.
        "(4) Unlike other weapons of mass destruction, biological
      materials capable of use as weapons can occur naturally in the
      environment and are also used for medicinal or other beneficial
      purposes.
        "(5) Biological weapons are morally reprehensible, prompting
      the United States Government to halt its offensive biological
      weapons program in 1969, subsequently destroy its entire
      biological weapons arsenal, and maintain henceforth only a robust
      defensive capacity.
        "(6) The Senate gave its advice and consent to ratification of
      the Biological Weapons Convention in 1974.
        "(7) The Director of the Arms Control and Disarmament Agency
      explained, at the time of the Senate's consideration of the
      Biological Weapons Convention, that the treaty contained no
      verification provisions because verification would be
      'difficult'.
        "(8) A compliance protocol has now been proposed to strengthen
      the 1972 Biological Weapons Convention.
        "(9) The resources needed to produce, stockpile, and store
      biological weapons are the same as those used in peaceful
      industry facilities to discover, develop, and produce medicines.
        "(10) The raw materials of biological agents are difficult to
      use as an indicator of an offensive military program because the
      same materials occur in nature or can be used to produce a wide
      variety of products.
        "(11) Some biological products are genetically manipulated to
      develop new commercial products, optimizing production and
      ensuring the integrity of the product, making it difficult to
      distinguish between legitimate commercial activities and
      offensive military activities.
        "(12) Only a small culture of a biological agent and some
      growth medium are needed to produce a large amount of biological
      agents with the potential for offensive purposes.
        "(13) The United States pharmaceutical and biotechnology
      industries are a national asset and resource that contribute to
      the health and well-being of the American public as well as
      citizens around the world.
        "(14) One bacterium strain can represent a large proportion of
      a company's investment in a pharmaceutical product and thus its
      potential loss during an arms control monitoring activity could
      conceivably be worth billions of dollars.
        "(15) Biological products contain proprietary genetic
      information.
        "(16) The proposed compliance regime for the Biological Weapons
      Convention entails new data reporting and investigation
      requirements for industry.
        "(17) A compliance regime which contributes to the control of
      biological weapons and materials must have a reasonable chance of
      success in reducing the risk of production, stockpiling, or use
      of biological weapons while protecting the reputations,
      intellectual property, and confidential business information of
      legitimate companies.

      "SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.
      "(a) National Security Trial Investigations and Trial Visits. -
    The President shall conduct a series of national security trial
    investigations and trial visits, both during and following
    negotiations to develop a compliance protocol to the Biological
    Weapons Convention, with the objective of ensuring that the
    compliance procedures of the protocol are effective and adequately
    protect the national security of the United States. These trial
    investigations and trial visits shall be conducted at such sites as
    United States Government facilities, installations, and national
    laboratories.
      "(b) United States Industry Trial Investigations and Trial
    Visits. - The President shall take all appropriate steps to conduct
    or sponsor a series of United States industry trial investigations
    and trial visits, both during and following negotiations to develop
    a compliance protocol to the Biological Weapons Convention, with
    the objective of ensuring that the compliance procedures of the
    protocol are effective and adequately protect the national security
    and the concerns of affected United States industries and research
    institutions. These trial investigations and trial visits shall be
    conducted at such sites as academic institutions, vaccine
    production facilities, and pharmaceutical and biotechnology firms
    in the United States.
      "(c) Participation by Defense Department and Other Appropriate
    Personnel. - The Secretary of Defense and, as appropriate, the
    Director of the Federal Bureau of Investigation shall make
    available specialized personnel to participate - 
        "(1) in each trial investigation or trial visit conducted
      pursuant to subsection (a); and
        "(2) in each trial investigation or trial visit conducted
      pursuant to subsection (b), except for any investigation or visit
      in which the host facility requests that such personnel not
      participate,
    for the purpose of assessing the information security implications
    of such investigation or visit. The Secretary of Defense, in
    coordination with the Director of the Federal Bureau of
    Investigation, shall add to the report required by subsection
    (d)(2) a classified annex containing an assessment of the risk to
    proprietary and classified information posed by any investigation
    or visit procedures in the compliance protocol.
      "(d) Study. - 
        "(1) In general. - The President shall conduct a study on the
      need for investigations and visits under the compliance protocol
      to the Biological Weapons Convention, including - 
          "(A) an assessment of risks to national security and United
        States industry and research institutions of such on-site
        activities; and
          "(B) an assessment of the monitoring results that can be
        expected from such investigations and visits.
        "(2) Report. - Not later than the date on which a compliance
      protocol to the Biological Weapons Convention is submitted to the
      Senate for its advice and consent to ratification, the President
      shall submit to the Committee on Foreign Relations of the Senate
      a report, in both unclassified and classified form, setting forth
      - 
          "(A) the findings of the study conducted pursuant to
        paragraph (1); and
          "(B) the results of trial investigations and trial visits
        conducted pursuant to subsections (a) and (b)."

-End-



-CITE-
    22 USC Sec. 5602                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
    Sec. 5602. Multilateral efforts

-STATUTE-
    (a) Multilateral controls on proliferation
      It 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
      equipment
      It 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.

-SOURCE-
    (Pub. L. 102-182, title III, Sec. 303, Dec. 4, 1991, 105 Stat.
    1245.)

-End-



-CITE-
    22 USC Sec. 5603                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
    Sec. 5603. United States export controls

-STATUTE-
      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 [50 U.S.C. App. 2401 et seq.] 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.

-SOURCE-
    (Pub. L. 102-182, title III, Sec. 304(a), Dec. 4, 1991, 105 Stat.
    1246.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in par. (1), is Pub. L.
    90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      The Export Administration Act of 1979, referred to in par. (2),
    is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which
    is classified principally to section 2401 et seq. of the Appendix
    to Title 50, War and National Defense. 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.

-End-



-CITE-
    22 USC Sec. 5604                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
    Sec. 5604. Determinations regarding use of chemical or biological
      weapons

-STATUTE-
    (a) Determination by President
      (1) When determination required; nature of determination
        Whenever persuasive information becomes available to the
      executive branch indicating the substantial possibility that, on
      or after October 28, 1991, the government of a foreign country
      has made substantial preparation to use or has used chemical or
      biological weapons, the President shall, within 60 days after the
      receipt of such information by the executive branch, determine
      whether that government, on or after October 28, 1991, has used
      chemical or biological weapons in violation of international law
      or has used lethal chemical or biological weapons against its own
      nationals. Section 5605 of this title applies if the President
      determines that that government has so used chemical or
      biological weapons.
      (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
        Upon making a determination under paragraph (1), the President
      shall promptly report that determination to the Congress. If the
      determination is that a foreign government had used chemical or
      biological weapons as described in that paragraph, the report
      shall specify the sanctions to be imposed pursuant to section
      5605 of this title.
    (b) Congressional requests; report
      (1) Request
        The Chairman of the Committee on Foreign Relations of the
      Senate (upon consultation with the ranking minority member of
      such committee) or the Chairman of the Committee on Foreign
      Affairs of the House of Representatives (upon consultation with
      the ranking minority member of such committee) may at any time
      request the President to consider whether a particular foreign
      government, on or after December 4, 1991, has used chemical or
      biological weapons in violation of international law or has used
      lethal chemical or biological weapons against its own nationals.
      (2) Report to Congress
        Not later than 60 days after receiving such a request, the
      President shall provide to the Chairman of the Committee on
      Foreign Relations of the Senate and the Chairman of the Committee
      on Foreign Affairs of the House of Representatives a written
      report on the information held by the executive branch which is
      pertinent to the issue of whether the specified government, on or
      after December 4, 1991, has used chemical or biological weapons
      in violation of international law or has used lethal chemical or
      biological weapons against its own nationals. This report shall
      contain an analysis of each of the items enumerated in subsection
      (a)(2) of this section.

-SOURCE-
    (Pub. L. 102-182, title III, Secs. 306, 309(b)(3), Dec. 4, 1991,
    105 Stat. 1252, 1259.)


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a)(1). Pub. L. 101-182, Sec. 309(b)(3),
    substituted "October 28, 1991" for reference to the "date of the
    enactment of this title", meaning the date of the enactment of
    title V of Pub. L. 101-182 which was enacted Dec. 4, 1991. "October
    28, 1991", the second time appearing, was substituted for "such
    date of enactment" for purposes of codification.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of State, with certain exceptions, by section 1(b) of Ex. Ord. No.
    12851, June 11, 1993, 58 F.R. 33181, set out as a note under
    section 2797 of this title.

-End-



-CITE-
    22 USC Sec. 5605                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
    Sec. 5605. Sanctions against use of chemical or biological weapons

-STATUTE-
    (a) Initial sanctions
      If, 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
        The United States Government shall terminate assistance to that
      country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151
      et seq.], except for urgent humanitarian assistance and food or
      other agricultural commodities or products.
      (2) Arms sales
        The 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
        The United States Government shall terminate all foreign
      military financing for that country under the Arms Export Control
      Act.
      (4) Denial of United States Government credit or other financial
        assistance
        The United States Government shall deny to that country any
      credit, credit guarantees, or other financial assistance by any
      department, agency, or instrumentality of the United States
      Government, including the Export-Import Bank of the United
      States.
      (5) Exports of national security-sensitive goods and technology
        The authorities of section 2405 of title 50, Appendix, shall be
      used to prohibit the export to that country of any goods or
      technology on that part of the control list established under
      section 2404(c)(1) of title 50, Appendix.
    (b) Additional sanctions if certain conditions not met
      (1) Presidential determination
        Unless, 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) Sanctions
        The sanctions referred to in paragraph (1) are the following:
        (A) Multilateral development bank assistance
          The United States Government shall oppose, in accordance with
        section 262d of this title, the extension of any loan or
        financial or technical assistance to that country by
        international financial institutions.
        (B) Bank loans
          The United States Government shall prohibit any United States
        bank from making any loan or providing any credit to the
        government of that country, except for loans or credits for the
        purpose of purchasing food or other agricultural commodities or
        products.
        (C) Further export restrictions
          The authorities of section 2405 of title 50, Appendix, shall
        be used to prohibit exports to that country of all other goods
        and technology (excluding food and other agricultural
        commodities and products).
        (D) Import restrictions
          Restrictions shall be imposed on the importation into the
        United States of articles (which may include petroleum or any
        petroleum product) that are the growth, product, or manufacture
        of that country.
        (E) Diplomatic relations
          The President shall use his constitutional authorities to
        downgrade or suspend diplomatic relations between the United
        States and the government of that country.
        (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 sanctions
      The 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) of this section, 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 waiver
        The 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) of this section (relating
          to import restrictions) or (b)(2)(E) of this section
          (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) of this section (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
        In the event that the President decides to exercise the waiver
      authority provided in paragraph (1) with respect to a country,
      the President's notification to the Congress under such paragraph
      shall include a report fully articulating the rationale and
      circumstances which led the President to exercise that waiver
      authority, including a description of the steps which the
      government of that country has taken to satisfy the conditions
      set forth in paragraphs (1) through (4) of subsection (c) of this
      section.
    (e) Contract sanctity
      (1) Sanctions not applied to existing contracts
        (A) A sanction described in paragraph (4) or (5) of subsection
      (a) of this section or in any of subparagraphs (A) through (D) of
      subsection (b)(2) of this section 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 2405 of
      title 50, Appendix, as that subsection is so redesignated by
      section 304(b) of this title, which are applicable to exports
      prohibited under section 2405 of title 50, Appendix, 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 2405(p) of
      title 50, Appendix.
      (2) Sanctions applied to existing contracts
        The sanctions described in paragraphs (1), (2), and (3) of
      subsection (a) of this section shall apply to contracts,
      agreements, and licenses without regard to the date the contract
      or agreement was entered into or the license was issued (as the
      case may be), except that such sanctions shall not apply to any
      contract or agreement entered into or license issued before the
      date of the presidential determination under section 5604(a)(1)
      of this title if the President determines that the application of
      such sanction would be detrimental to the national security
      interests of the United States.

-SOURCE-
    (Pub. L. 102-182, title III, Sec. 307, Dec. 4, 1991, 105 Stat.
    1254.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec.
    (a)(1), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
    which is classified principally to chapter 32 (Sec. 2151 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2151 of this title and
    Tables.
      The Arms Export Control Act, referred to in subsec. (a)(2)(A),
    (3), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended,
    which is classified principally to chapter 39 (Sec. 2751 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2751 of this title and
    Tables.
      Section 304(b) of this title, referred to in subsec. (e)(1)(B),
    is section 304(b) of Pub. L. 102-182, title III, Dec. 4, 1991, 105
    Stat. 1246, which amended section 2405 of Title 50, Appendix, War
    and National Defense.

-COD-
                               CODIFICATION                           
      In subsec. (b)(2)(F)(iv), "section 40102(a) of title 49"
    substituted for "section 101 of the Federal Aviation Act of 1958
    (49 U.S.C. App. 1301)" on authority of Pub. L. 103-272, Sec. 6(b),
    July 5, 1994, 108 Stat. 1378, the first section of which enacted
    subtitles II, III, and V to X of Title 49, Transportation.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of State, with certain exceptions, by section 1(b) of Ex. Ord. No.
    12851, June 11, 1993, 58 F.R. 33181, set out as a note under
    section 2797 of this title.

-End-



-CITE-
    22 USC Sec. 5606                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL
                  WEAPONS                         

-HEAD-
    Sec. 5606. Repealed.

-MISC1-
    Sec. 5606. Repealed. Pub. L. 107-228, div. B, title XIII, Sec.
      1308(g)(1)(B), Sept. 30, 2002, 116 Stat. 1441.
      Section, Pub. L. 102-182, title III, Sec. 308, Dec. 4, 1991, 105
    Stat. 1257, related to Presidential reporting requirements.

-End-