§ 5605. — Sanctions against use of chemical or biological weapons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
