§ 2798. — Sanctions against certain foreign persons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2798]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER VIII--CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION
Sec. 2798. Sanctions against certain foreign persons
(a) Imposition of sanctions
(1) Determination by the President
Except as provided in subsection (b)(2) of this section, the
President shall impose both of the sanctions described in subsection
(c) of this section if the President determines that a foreign
person, on or after October 28, 1991, has knowingly and materially
contributed--
(A) through the export from the United States of any goods
or technology that are subject to the jurisdiction of the United
States,
(B) through the export from any other country of any goods
or technology that would be, if they were United States goods or
technology, subject to the jurisdiction of the United States, or
(C) through any other transaction not subject to sanctions
pursuant to the Export Administration Act of 1979 [50 App.
U.S.C. 2401 et seq.],
to the efforts by any foreign country, project, or entity described
in paragraph (2) to use, develop, produce, stockpile, or otherwise
acquire chemical or biological weapons.
(2) Countries, projects, or entities receiving 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 weapons 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);
(B) any foreign country whose government is determined for
purposes of section 6(j) of the Export Administration Act of
1979 [50 App. U.S.C. 2405(j)] to be a government that has
repeatedly provided support for acts of international terrorism;
or
(C) any other foreign country, project, or entity designated
by the President for purposes of this section.
(3) Persons against whom sanctions are to be imposed
Sanctions shall be imposed pursuant 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;
(C) any foreign person that is a parent or subsidiary of
that foreign person if that parent or subsidiary knowingly
assisted in the activities which were the basis of that
determination; and
(D) any foreign person that is an affiliate of that foreign
person if that affiliate knowingly assisted in the activities
which were the basis of that determination and if that affiliate
is controlled in fact by that foreign person.
(b) Consultations with and actions by foreign government of jurisdiction
(1) Consultations
If the President makes the determinations described in
subsection (a)(1) of this section 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 sanctions pursuant
to this section.
(2) Actions by government of jurisdiction
In order to pursue such consultations with that government, the
President may delay imposition of sanctions pursuant to this section
for a period of up to 90 days. Following these consultations, the
President shall impose sanctions unless the President determines and
certifies to the Congress that that government has taken specific
and effective actions, including appropriate penalties, to terminate
the involvement of the foreign person in the activities described in
subsection (a)(1) of this section. The President may delay
imposition of sanctions for an additional period of up to 90 days if
the President determines and certifies to the Congress that that
government is in the process of taking the actions described 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) of this
section, on the status of consultations with the appropriate
government under this subsection, and the basis for any
determination under paragraph (2) of this subsection that such
government has taken specific corrective actions.
(c) Sanctions
(1) Description of sanctions
The sanctions to be imposed pursuant to subsection (a)(1) of
this section are, except as provided in paragraph (2) of this
subsection, the following:
(A) Procurement sanction
The United States Government shall not procure, or enter
into any contract for the procurement of, any goods or services
from any person described in subsection (a)(3) of this section.
(B) Import sanctions
The importation into the United States of products produced
by any person described in subsection (a)(3) of this section
shall be prohibited.
(2) Exceptions
The President shall not be required to apply or maintain
sanctions under this section--
(A) in the case of procurement of defense articles or
defense services--
(i) under existing contracts or subcontracts, 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 services are
essential, and that alternative sources are not readily or
reasonably available; or
(iii) if the President determines that such articles or
services are essential to the national security under
defense coproduction 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 products or production, or
(iii) routine servicing and maintenance of products, to
the extent that alternative sources are not readily or
reasonably available;
(D) to information and technology essential to United States
products or production; or
(E) to medical or other humanitarian items.
(d) Termination of sanctions
The sanctions imposed pursuant to this section shall apply for a
period of at least 12 months following the imposition of sanctions and
shall cease to apply thereafter only if the President determines and
certifies to the Congress that reliable information indicates that the
foreign person with respect to which the determination was made under
subsection (a)(1) of this section has ceased to aid or abet any foreign
government, project, or entity in its efforts to acquire chemical or
biological 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 Congress that such waiver is important to the national security
interests of the United States.
(2) Notification of and report to Congress
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
notification shall include a report fully articulating the rationale
and circumstances which led the President to exercise the waiver
authority.
(f) ``Foreign person'' defined
For the purposes of this section, the term ``foreign person''
means--
(1) an individual who is not a citizen of the United States or
an alien admitted for permanent residence to the United States; or
(2) a corporation, partnership, or other entity which is created
or organized under the laws of a foreign country or which has its
principal place of business outside the United States.
(Pub. L. 90-629, ch. 8, Sec. 81, as added and amended Pub. L. 102-182,
title III, Secs. 305(b), 309(b)(2), Dec. 4, 1991, 105 Stat. 1250, 1258.)
References in Text
The Export Administration Act of 1979, referred to in subsec.
(a)(1)(C), 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.
Prior Provisions
A prior subchapter VIII, consisting of former section 2798, as added
by Pub. L. 102-138, title V, Sec. 505(b), Oct. 28, 1991, 105 Stat. 727,
was substantially identical to subchapter VIII, as added by section
305(b) of Pub. L. 102-182, prior to repeal by Pub. L. 102-182, title
III, Sec. 309(a), Dec. 4, 1991, 105 Stat. 1258.
Amendments
1991--Subsec. (a)(1). Pub. L. 101-182, Sec. 309(b)(2), substituted
``October 28, 1991'' for reference to the ``date of the enactment of
this section'' which was enacted Dec. 4, 1991.
Delegation of Functions
For delegation of certain functions of the President under this
section, see Ex. Ord. No. 12851, Sec. 1(a), June 11, 1993, 58 F.R.
33181, set out as a note under section 2797 of this title.
