22 U.S.C. § 5604 — Determinations regarding use of chemical

Page 1674 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5603 the use, development, production, and stock- piling of chemical weapons; (3) seek and support effective international means of monitoring and reporting regularly on commerce in equipment, materials, and technology applicable to the attainment of a chemical or biological weapons capability; and (4) pursue and give full support to multilat- eral sanctions pursuant to United Nations Se- curity Council Resolution 620, which declared the intention of the Security Council to give immediate consideration to imposing ‘‘appro- priate and effective’’ sanctions against any country which uses chemical weapons in viola- tion of international law. (b) Multilateral controls on chemical agents, pre- cursors, and equipment It is also the policy of the United States to strengthen efforts to control chemical agents, precursors, and equipment by taking all appro- priate multilateral diplomatic measures— (1) to continue to seek a verifiable global ban on chemical weapons at the 40 nation Con- ference on Disarmament in Geneva; (2) to support the Australia Group’s objec- tive to support the norms and restraints against the spread and the use of chemical warfare, to advance the negotiation of a com- prehensive ban on chemical warfare by taking appropriate measures, and to protect the Aus- tralia Group’s domestic industries against in- advertent association with supply of feedstock chemical equipment that could be misused to produce chemical weapons; (3) to implement paragraph (2) by proposing steps complementary to, and not mutually ex- clusive of, existing multilateral efforts seek- ing a verifiable ban on chemical weapons, such as the establishment of— (A) a harmonized list of export control rules and regulations to prevent relative commercial advantage and disadvantages ac- cruing to Australia Group members, (B) liaison officers to the Australia Group’s coordinating entity from within the diplomatic missions, (C) a close working relationship between the Australia Group and industry, (D) a public unclassified warning list of controlled chemical agents, precursors, and equipment, (E) information-exchange channels of sus- pected proliferants, (F) a ‘‘denial’’ list of firms and individuals who violate the Australia Group’s export control provisions, and (G) broader cooperation between the Aus- tralia Group and other countries whose po- litical commitment to stem the prolifera- tion of chemical weapons is similar to that of the Australia Group; and (4) to adopt the imposition of stricter con- trols on the export of chemical agents, precur- sors, and equipment and to adopt tougher mul- tilateral sanctions against firms and individ- uals who violate these controls or against countries that use chemical weapons. (Pub. L. 102–182, title III, § 303, Dec. 4, 1991, 105 Stat. 1245.) § 5603. United States export controls The President shall— (1) use the authorities of the Arms Export Control Act [22 U.S.C. 2751 et seq.] to control the export of those defense articles and de- fense services, and (2) use the authorities of the Export Admin- istration Act of 1979 to control the export of those goods and technology, that the President determines would assist the government of any foreign country in acquiring the capability to develop, produce, stockpile, de- liver, or use chemical or biological weapons. (Pub. L. 102–182, title III, § 304(a), Dec. 4, 1991, 105 Stat. 1246.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in par. (1), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 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. The Export Administration Act of 1979, referred to in par. (2), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to re- peal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). § 5604. Determinations regarding use of chemical or biological weapons (a) Determination by President (1) When determination required; nature of de- termination Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that, on or after October 28, 1991, the government of a foreign country has made substantial preparation to use or has used chemical or biological weap- ons, the President shall, within 60 days after the receipt of such information by the execu- tive branch, determine whether that govern- ment, on or after October 28, 1991, has used chemical or biological weapons in violation of international law or has used lethal chemical or biological weapons against its own nation- als. Section 5605 of this title applies if the President determines that that government has so used chemical or biological weapons. (2) Matters to be considered In making the determination under para- graph (1), the President shall consider the fol- lowing: (A) All physical and circumstantial evi- dence available bearing on the possible use of such weapons. (B) All information provided by alleged victims, witnesses, and independent observ- ers. (C) The extent of the availability of the weapons in question to the purported user. (D) All official and unofficial statements bearing on the possible use of such weapons. (E) Whether, and to what extent, the gov- ernment in question is willing to honor a re- Page 1675 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5605 1 See References in Text note below. quest from the Secretary General of the United Nations to grant timely access to a United Nations fact-finding team to inves- tigate the possibility of chemical or biologi- cal weapons use or to grant such access to other legitimate outside parties. (3) Determination to be reported to Congress Upon making a determination under para- graph (1), the President shall promptly report that determination to the Congress. If the de- termination is that a foreign government had used chemical or biological weapons as de- scribed in that paragraph, the report shall specify the sanctions to be imposed pursuant to section 5605 of this title. (b) Congressional requests; report (1) Request The Chairman of the Committee on Foreign Relations of the Senate (upon consultation with the ranking minority member of such committee) or the Chairman of the Committee on Foreign Affairs of the House of Representa- tives (upon consultation with the ranking mi- nority member of such committee) may at any time request the President to consider wheth- er a particular foreign government, on or after December 4, 1991, has used chemical or biologi- cal weapons in violation of international law or has used lethal chemical or biological weap- ons against its own nationals. (2) Report to Congress Not later than 60 days after receiving such a request, the President shall provide to the Chairman of the Committee on Foreign Rela- tions of the Senate and the Chairman of the Committee on Foreign Affairs of the House of Representatives a written report on the infor- mation held by the executive branch which is pertinent to the issue of whether the specified government, on or after December 4, 1991, has used chemical or biological weapons in viola- tion of international law or has used lethal chemical or biological weapons against its own nationals. This report shall contain an analysis of each of the items enumerated in subsection (a)(2). (Pub. L. 102–182, title III, §§ 306, 309(b)(3), Dec. 4, 1991, 105 Stat. 1252, 1259.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 101–182, § 309(b)(3), sub- stituted ‘‘October 28, 1991’’ for reference to the ‘‘date of the enactment of this title’’, meaning the date of the enactment of title V of Pub. L. 101–182 which was en- acted Dec. 4, 1991. ‘‘October 28, 1991’’, the second time appearing, was substituted for ‘‘such date of enact- ment’’ for purposes of codification. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, with certain exceptions, by sec- tion 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. § 5605. Sanctions against use of chemical or bio- logical weapons (a) Initial sanctions If, at any time, the President makes a deter- mination 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 termi- nate assistance to that country under the For- eign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except for urgent humanitarian assist- ance and food or other agricultural commod- ities or products. (2) Arms sales The United States Government shall termi- nate— (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 de- sign 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 termi- nate 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-Im- port Bank of the United States. (5) Exports of national security-sensitive goods and technology The authorities of section 4605 1 of title 50 shall be used to prohibit the export to that country of any goods or technology on that part of the control list established under sec- tion 4604(c)(1) 1 of title 50. (b) Additional sanctions if certain conditions not met (1) Presidential determination Unless, within 3 months after making a de- termination pursuant to section 5604(a)(1) of this title with respect to a foreign govern- ment, 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 na- tionals, (B) that government has provided reliable assurances that it will not in the future en- gage in any such activities, and (C) that government is willing to allow on- site inspections by United Nations observers or other internationally recognized, impar- tial observers, or other reliable means exist,