Page 1201 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5604

(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 [50 App. U.S.C. 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.

(Pub. L. 102–182, title III, §304(a), Dec. 4, 1991, 105

Stat. 1246.)

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 (§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.

§ 5604. Determinations regarding use of chemical

or biological weapons

(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.

(Pub. L. 102–182, title III, §§306, 309(b)(3), Dec. 4,

1991, 105 Stat. 1252, 1259.)

AMENDMENTS

1991—Subsec. (a)(1). Pub. L. 101–182, §309(b)(3), substituted ‘‘October 28, 1991’’ for reference to the ‘‘date of