§ 5605 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1202

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 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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295a, 2295b, 5605

of this title.

§ 5605. Sanctions against use of chemical or biological weapons

(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 onsite 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
Page 1203 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5605

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 onsite 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
§ 5606 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1204

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.

(Pub. L. 102–182, title III, §307, Dec. 4, 1991, 105

Stat. 1254.)

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

(§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 (§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.

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, §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 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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295a, 2295b, 5604

of this title.

§ 5606. Presidential reporting requirements

(a) Reports to Congress

Not later than 90 days after December 4, 1991,

and every 12 months thereafter, the President

shall transmit to the Congress a report which

shall include—

(1) a description of the actions taken to

carry out this chapter, including the amendments made by this chapter;

(2) a description of the current efforts of foreign countries and subnational groups to acquire equipment, materials, or technology to

develop, produce, or use chemical or biological

weapons, together with an assessment of the

current and likely future capabilities of such

countries and groups to develop, produce,

stockpile, deliver, transfer, or use such weapons;

(3) a description of—

(A) the use of chemical weapons by foreign

countries in violation of international law,

(B) the use of chemical weapons by subnational groups,

(C) substantial preparations by foreign

countries and subnational groups to do so,

and

(D) the development, production, stockpiling, or use of biological weapons by foreign countries and subnational groups; and

(4) a description of the extent to which foreign persons or governments have knowingly

and materially assisted third countries or subnational groups to acquire equipment, material, or technology intended to develop,

produce, or use chemical or biological weapons.

(b) Protection of classified information

To the extent practicable, reports submitted

under subsection (a) of this section or any other

provision of this chapter should be based on unclassified information. Portions of such reports

may be classified.

(Pub. L. 102–182, title III, §308, Dec. 4, 1991, 105

Stat. 1257.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (b), 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