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50 U.S.C. § 4613 — Chemical and biological weapons proliferation sanctions

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4613 — Chemical and biological weapons proliferation sanctions

**(a) Imposition of sanctions** (1) **Determination by the President** — Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) 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 under this chapter, or (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 under this chapter, 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 4605(j) 11 See References in Text note below. of this title 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 which sanctions are to be imposed** — Sanctions shall be imposed pursuant to paragraph (1) on— (A) the

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Stable record: federal_law:legal_authorities:record_usc_dc6ad6cf74bfba6b1716fe60
Source file: Laws/federal/codes/united-states-code/title-50/section-4613-chemical-and-biological-weapons-proliferation-sanctions--3361156191.md
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Source location: Title 50, Chapter 56, § 4613; chapter-056-export-administration.md

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**(a) Imposition of sanctions** (1) **Determination by the President** — Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) 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 under this chapter, or (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 under this chapter, 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 4605(j) 11 See References in Text note below. of this title 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 which 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) 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). 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), 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) 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). (B) *Import sanctions* — The importation into the United States of products produced by any person described in subsection (a)(3) 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) 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) Definition of foreign person** 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2797 — Licensing

**(a) Establishment of list of controlled items** The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 4605(l) 11 See References in Text note below. of title 50. **(b) Referral of license applications** (1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense. (2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents. **(c) Information sharing** The Secretary of State shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology. **(d) Exports to space launch vehicle programs** Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4611 — Multilateral export control violations

**(a) Determination by the President** The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that— (1) a foreign person has violated any regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, and (2) such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces. The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988. **(b) Sanctions** The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, subsidiary, and successor entity of the foreign person, and, except as provided in subsection (c), are as follows: (1) a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Government, and (2) a prohibition on importation into the United States of all products produced by a sanctioned person. **(c) Exceptions** The President shall not apply sanctions under this section— (1) in the case of procurement of defense articles or defense services— (A) under existing con

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4611

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651 — Establishment of Department

There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5601 — Purposes

The purposes of this chapter are— (1) to mandate United States sanctions, and to encourage international sanctions, against countries that use chemical or biological weapons in violation of international law or use lethal chemical or biological weapons against their own nationals, and to impose sanctions against companies that aid in the proliferation of chemical and biological weapons; (2) to support multilaterally coordinated efforts to control the proliferation of chemical and biological weapons; (3) to urge continued close cooperation with the Australia Group and cooperation with other supplier nations to devise ever more effective controls on the transfer of materials, equipment, and technology applicable to chemical or biological weapons production; and (4) to require Presidential reports on efforts that threaten United States interests or regional stability by Iran, Iraq, Syria, Libya, and others to acquire the materials and technology to develop, produce, stockpile, deliver, transfer, or use chemical or biological weapons.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5604/a/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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 4605 11 See References in Text note below. of t

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4613 — Chemical and biological weapons pro-

Page 1192 TITLE 50—WAR AND NATIONAL DEFENSE § 4613 lar capability, as well as the specially de- signed production facilities for these systems; (2) the term ‘‘Missile Technology Control Regime’’ or ‘‘MTCR’’ means the policy state- ment, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile- relevant transfers based on the MTCR Annex, and any amendments thereto; (3) the term ‘‘MTCR adherent’’ means a country that participates in the MTCR or that, pursuant to an international under- standing to which the United States is a party, controls MTCR equipment or tech- nology in accordance with the criteria and standards set forth in the MTCR; (4) the term ‘‘MTCR Annex’’ means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto; (5) the terms ‘‘missile equipment or tech- nology’’ and ‘‘MTCR equipment or tech- nology’’ mean those items listed in category I or category II of the MTCR Annex; (6) the term ‘‘foreign person’’ means any per- son other than a United States person; (7)(A) the term ‘‘person’’ means a natural person as well as a corporation, business asso- ciation, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and (B) in the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term ‘‘person’’ means— (i) all activities of that government relat- ing to the development or production of any missile equipment or technology; and (ii) all activities of that government af- fecting th

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