
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC5605]

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

(Pub. L. 102-182, title III, Sec. 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 (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.

                          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 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.
