(B) to products or services provided under 
contracts entered into before the date on which 
the President publishes his intention to impose 
the sanctions; or 
(C) to— 
(i) spare parts, 
(ii) component parts, but not finished 
products, essential to United States prod-
ucts or production, 
(iii) routine services and maintenance 
of products, to the extent that alternative 
sources are not readily or reasonably avail-
able, or 
(iv) information and technology essen-
tial to United States products or produc-
tion. 
(c) DEFINITIONS.—In this section: 
(1) DEFENSE ARTICLES; DEFENSE SERVICES.— 
The terms ‘‘defense articles’’ and ‘‘defense services’’ 
mean those items on the United States Munitions 
List or are otherwise controlled under the Arms Ex-
port Control Act. 
(2) MISSILE.—The term ‘‘missile’’ means a cat-
egory I system as defined in the MTCR Annex, and 
any other unmanned delivery system of similar capa-
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bility, as well as the specially designed production 
facilities for these systems. 
(3) MISSILE TECHNOLOGY CONTROL REGIME; 
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ means the policy statement, be-
tween the United States, the United Kingdom, the 
Federal Republic of Germany, France, Italy, Can-
ada, and Japan, announced on April 16, 1987, to re-
strict sensitive missile-relevant transfers based on 
the MTCR Annex, and any amendments thereto. 
(4) MTCR ADHERENT.—The term ‘‘MTCR ad-
herent’’ means a country that participates in the 
MTCR or that, pursuant to an international under-
standing to which the United States is a party, con-
trols MTCR equipment or technology in accordance 
with the criteria and standards set forth in the 
MTCR. 
(5) MTCR ANNEX.—The term ‘‘MTCR Annex’’ 
means the Guidelines and Equipment and Tech-
nology Annex of the MTCR, and any amendments 
thereto. 
(6) MISSILE
EQUIPMENT
OR
TECHNOLOGY; 
MTCR
EQUIPMENT
OR
TECHNOLOGY.—The terms 
‘‘missile equipment or technology’’ and ‘‘MTCR 
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equipment or technology’’ mean those items listed in 
category I or category II of the MTCR Annex. 
(7) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means any person other than a United States 
person. 
(8) PERSON.—The term ‘‘person’’ means a nat-
ural person, a corporation, business association, 
partnership, society, or trust, any other nongovern-
mental entity, organization, or group, and any gov-
ernmental entity operating as a business enterprise, 
and any successor of any such entity. 
(9) OTHERWISE ENGAGED IN THE TRADE OF.— 
The term ‘‘otherwise engaged in the trade of’’ 
means, with respect to a particular export or trans-
fer, to be a freight forwarder or designated export-
ing agent, or a consignee or end user of the item to 
be exported or transferred. 
SEC. 302. CHEMICAL AND BIOLOGICAL WEAPONS PRO-
LIFERATION SANCTIONS. 
(a) IMPOSITION OF SANCTIONS.— 
(1) DETERMINATION BY THE PRESIDENT.—Ex-
cept as provided in subsection (b)(2), the President 
shall impose the sanction described in subsection (c) 
if the President determines that a foreign person has 
knowingly and materially contributed— 
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(A) through the export from the United 
States of any item that is subject to the juris-
diction of the United States under this title, or 
(B) through the export from any other 
country of any item that would be, if they were 
United States goods or technology, subject to 
the jurisdiction of the United States under this 
title, 
to the efforts by any foreign country, project, or en-
tity described in paragraph (2) to use, develop, 
produce, stockpile, or otherwise acquire chemical or 
biological weapons. 
(2) COUNTRIES, PROJECTS, OR ENTITIES RE-
CEIVING ASSISTANCE.—Paragraph (1) applies in the 
case of— 
(A) any foreign country that the President 
determines has, at any time after January 1, 
1980— 
(i) used chemical or biological weap-
ons in violation of international law; 
(ii) used lethal chemical or biological 
weapons against its own nationals; or 
(iii) made substantial preparations to 
engage in the activities described in clause 
(i) or (ii); 
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(B) any foreign country whose government 
is determined for purposes of section 104(c) of 
this Act to be a government that has repeatedly 
provided support for acts of international ter-
rorism; or 
(C) any other foreign country, project, or 
entity designated by the President for purposes 
of this section. 
(3) PERSONS AGAINST WHICH SANCTIONS ARE 
TO BE IMPOSED.—A sanction shall be imposed pur-
suant to paragraph (1) on— 
(A) the foreign person with respect to 
which the President makes the determination 
described in that paragraph; 
(B) any successor entity to that foreign 
person; and 
(C) any foreign person that is a parent, 
subsidiary, or affiliate of that foreign person if 
that parent, subsidiary, or affiliate knowingly 
assisted in the activities which were the basis of 
that determination. 
(b) CONSULTATIONS WITH AND ACTIONS BY FOR-
EIGN GOVERNMENT OF JURISDICTION.— 
(1) CONSULTATIONS.—If the President makes 
the determinations described in subsection (a)(1) 
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with respect to a foreign person, the Congress urges 
the President to initiate consultations immediately 
with the government with primary jurisdiction over 
that foreign person with respect to the imposition of 
a sanction pursuant to this section. 
(2) ACTIONS
BY
GOVERNMENT
OF
JURISDIC-
TION.—In order to pursue such consultations with 
that government, the President may delay imposition 
of a sanction pursuant to this section for a period 
of up to 90 days. Following such consultations, the 
President shall impose the sanction unless the Presi-
dent determines and certifies to the Congress that 
that government has taken specific and effective ac-
tions, including appropriate penalties, to terminate 
the involvement of the foreign person in the activi-
ties described in subsection (a)(1). The President 
may delay imposition of the sanction for an addi-
tional period of up to 90 days if the President deter-
mines and certifies to the Congress that that govern-
ment is in the process of taking the actions de-
scribed in the preceding sentence. 
(3) REPORT
TO
CONGRESS.—The President 
shall report to the Congress, not later than 90 days 
after making a determination under subsection 
(a)(1), on the status of consultations with the appro-
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priate government under this subsection, and the 
basis for any determination under paragraph (2) of 
this subsection that such government has taken spe-
cific corrective actions. 
(c) SANCTION.— 
(1) DESCRIPTION OF SANCTION.—The sanction 
to be imposed pursuant to subsection (a)(1) is, ex-
cept as provided that the United States Government 
shall not procure, or enter into any contract for the 
procurement of, any goods or services from any per-
son described in subsection (a)(3). 
(2) EXCEPTIONS.—The President shall not be 
required to apply or maintain a sanction under this 
section— 
(A) in the case of procurement of defense 
articles or defense services— 
(i) under existing contracts or sub-
contracts, including the exercise of options 
for production quantities to satisfy United 
States operational military requirements; 
(ii) if the President determines that 
the person or other entity to which the 
sanctions would otherwise be applied is a 
sole source supplier of the defense articles 
or services, that the defense articles or 
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services are essential, and that alternative 
sources are not readily or reasonably avail-
able; or 
(iii) if the President determines that 
such articles or services are essential to the 
national security under defense coproduc-
tion agreements; 
(B) to products or services provided under 
contracts entered into before the date on which 
the President publishes his intention to impose 
sanctions; 
(C) to— 
(i) spare parts, 
(ii) component parts, but not finished 
products, essential to United States prod-
ucts or production, or 
(iii) routine servicing and mainte-
nance of products, to the extent that alter-
native sources are not readily or reason-
ably available; 
(D) to information and technology essen-
tial to United States products or production; or 
(E) to medical or other humanitarian 
items. 
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(d) TERMINATION OF SANCTIONS.—A sanction im-
posed pursuant to this section shall apply for a period of 
at least 12 months following the imposition of one sanction 
and shall cease to apply thereafter only if the President 
determines and certifies to the Congress that reliable in-
formation indicates that the foreign person with respect 
to which the determination was made under subsection 
(a)(1) has ceased to aid or abet any foreign government, 
project, or entity in its efforts to acquire chemical or bio-
logical weapons capability as described in that subsection. 
(e) WAIVER.— 
(1) CRITERION
FOR
WAIVER.—The President 
may waive the application of any sanction imposed 
on any person pursuant to this section, after the end 
of the 12-month period beginning on the date on 
which that sanction was imposed on that person, if 
the President determines and certifies to the Con-
gress that such waiver is important to the national 
security interests of the United States. 
(2) NOTIFICATION OF AND REPORT TO CON-
GRESS.—If the President decides to exercise the 
waiver authority provided in paragraph (1), the 
President shall so notify the Congress not less than 
20 days before the waiver takes effect. Such notifica-
tion shall include a report fully articulating the ra-
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tionale and circumstances which led the President to 
exercise the waiver authority. 
(f) DEFINITIONS.—In this section: 
(1) DEFENSE ARTICLES; DEFENSE SERVICES.— 
The terms ‘‘defense articles’’ and ‘‘defense services’’ 
mean those items on the United States Munitions 
List or are otherwise controlled under the Arms Ex-
port Control Act. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means— 
(A) an individual who is not a citizen of 
the United States or an alien admitted for per-
manent residence to the United States; or 
(B) a corporation, partnership, or other 
entity which is created or organized under the 
laws of a foreign country or which has its prin-
cipal place of business outside the United 
States. 
(3) PARENT, SUBSIDIARY, AFFILIATE.—An en-
tity is— 
(A) a ‘‘parent’’ of a foreign person if that 
entity owns or controls that foreign person; 
(B) a ‘‘subsidiary’’ of a foreign person if 
that entity is owned or controlled by that for-
eign person; and 
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(C) and ‘‘affiliate’’ of a foreign person if 
the entity and the foreign person are under 
common ownership or control by a third entity. 
Æ 
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