22 U.S.C. § 5605 — Sanctions against use of chemical or bio-

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, Page 1676 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5605 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 subpara- graphs (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 op- pose, 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 pro- hibit any United States bank from making any loan or providing any credit to the gov- ernment 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 4605 1 of title 50 shall be used to prohibit exports to that country of all other goods and technology (excluding food and other agricultural com- modities and products). (D) Import restrictions Restrictions shall be imposed on the im- portation into the United States of articles (which may include petroleum or any petro- leum 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 diplo- matic 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 determina- tion pursuant to section 5604(a)(1) of this title of his intention to suspend the author- ity of foreign air carriers owned or con- trolled 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 notifi- cation 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 indi- rectly, by that government to engage in for- eign air transportation to or from the United States, notwithstanding any agree- ment relating to air services. (ii)(I) The President may direct the Sec- retary 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 sec- tion 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 Transpor- tation shall take such steps as may be nec- essary 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 for- eign 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 safe- ty 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 trans- portation’’ have the meanings such terms have under section 40102(a) of title 49. (c) Removal of sanctions The President shall remove the sanctions im- posed with respect to a country pursuant to this section if the President determines and so cer- tifies to the Congress, after the end of the 12- month period beginning on the date on which sanctions were initially imposed on that coun- try pursuant to subsection (a), that— (1) the government of that country has pro- vided 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 prepara- tions 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 prep- arations to use chemical or biological weapons in violation of international law or to use le- thal chemical or biological weapons against its own nationals, or other reliable means exist to verify that it is not making such prep- arations; and (4) that government is making restitution to those affected by any use of chemical or bio- logical weapons in violation of international law or by any use of lethal chemical or bio- logical 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 coun- try pursuant to this section— (A) if— (i) in the case of any sanction other than a sanction specified in subsection (b)(2)(D) (relating to import restrictions) or (b)(2)(E) (relating to the downgrading or suspension of diplomatic relations), the President determines and certifies to the Page 1677 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5605 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 Af- fairs of the House of Representatives of his determination and certification at least 15 days before the waiver takes effect, in ac- cordance 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) (relating to import restrictions), the President determines and certifies to the Congress that such waiver is essential to the national security inter- est of the United States, and if the Presi- dent 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 ef- fect; or (B) if the President determines and cer- tifies 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 ar- ticulating the rationale and circumstances which led the President to exercise that waiv- er 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). (e) Contract sanctity (1) Sanctions not applied to existing contracts (A) A sanction described in paragraph (4) or (5) of subsection (a) or in any of subparagraphs (A) through (D) of subsection (b)(2) 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 as- sisting a country in using chemical or biologi- cal weapons in violation of international law or in using lethal chemical or biological weap- ons against its own nationals. (B) The same restrictions of subsection (p) of section 4605 1 of title 50, as that subsection is so redesignated by section 304(b) of this title, which are applicable to exports prohibited under section 4605 1 of title 50, 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 bio- logical 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 4605(p) 1 of title 50. (2) Sanctions applied to existing contracts The sanctions described in paragraphs (1), (2), and (3) of subsection (a) shall apply to con- tracts, agreements, and licenses without re- gard 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 sec- tion 5604(a)(1) of this title if the President de- termines that the application of such sanction would be detrimental to the national security interests of the United States. (Pub. L. 102–182, title III, § 307, Dec. 4, 1991, 105 Stat. 1254.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 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, 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 sec- tion 2751 of this title and Tables. Sections 4604(c)(1) and 4605 of title 50, referred to in subsecs. (a)(5), (b)(2)(C), and (e)(1)(B), were repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. 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 former sec- tion 4605 of Title 50, 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, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. 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. EX. ORD. NO. 13883. ADMINISTRATION OF PROLIFERATION SANCTIONS AND AMENDMENT OF EXECUTIVE ORDER 12851 Ex. Ord. No. 13883, Aug. 1, 2019, 84 F.R. 38113, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) Page 1678 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5606 (NEA), sections 305–308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act), Public Law 102–182 (50 U.S.C. App. 2410c [now 50 U.S.C. 4613]; 22 U.S.C. 2798, 5604–5606), and sec- tion 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps with respect to the national emergency described and declared in Executive Order 12938 of November 14, 1994, [50 U.S.C. 1701 note] as amended by and relied on for ad- ditional steps in subsequent Executive Orders, hereby order: SECTION 1. (a) When the President, or the Secretary of State pursuant to authority delegated by the President and in accordance with the terms of such delegation, pursuant to section 307(b)(1) of the CBW Act [22 U.S.C. 5605(b)(1)], selects for imposition on a country one or more of the sanctions set forth below and in section 307(b)(2) of that Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall take the following actions, when necessary, to implement such sanctions: (i) oppose, in accordance with section 701 of the Inter- national Financial Institutions Act (22 U.S.C. 262d), the extension of any loan or financial or technical assist- ance to that country by international financial institu- tions; and (ii) 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. (b) The prohibition in subsection (a)(ii) of this section applies except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order [Aug. 1, 2019]. SEC. 2. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in section 1(a)(ii) of this order is prohibited. (b) Any conspiracy formed to violate the prohibition set forth in section 1(a)(ii) of this order is prohibited. SEC. 3. [Amended Ex. Ord. No. 12851, set out as a note under section 2797 of this title.] SEC. 4. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, associa- tion, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘government’’ means a government, any political subdivision, agency, or instrumentality there- of, and any person owned or controlled by, or acting for or on behalf of, that government; and (c) the term ‘‘United States bank’’ means any entity organized under the laws of the United States or any jurisdiction within the United States (including its for- eign branches), or any entity in the United States, that is engaged in the business of accepting deposits, mak- ing, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures, or options, or procuring purchasers and sellers thereof, as principal or agent. SEC. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including promulgating rules and regulations, and to employ all powers granted to the President by IEEPA and the CBW Act as may be nec- essary to implement this order. The Secretary of the Treasury may, consistent with applicable law, redele- gate any of these functions within the Department of the Treasury. All agencies of the United States Govern- ment shall take all appropriate measures within their authority to carry out the provisions of this order. SEC. 6. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 5606. Repealed. Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(B), Sept. 30, 2002, 116 Stat. 1441 Section, Pub. L. 102–182, title III, § 308, Dec. 4, 1991, 105 Stat. 1257, related to Presidential reporting require- ments. CHAPTER 66—UNITED STATES-HONG KONG POLICY Sec. 5701. Findings and declarations. 5702. Definitions. SUBCHAPTER I—POLICY 5711. Bilateral ties between United States and Hong Kong. 5712. Participation in multilateral organizations, rights under international agreements, and trade status. 5713. Commerce between United States and Hong Kong. 5714. Transportation. 5715. Cultural and educational exchanges. SUBCHAPTER II—STATUS OF HONG KONG IN UNITED STATES LAW 5721. Continued application of United States law. 5722. Presidential order. 5723. Rules and regulations. 5724. Consultation with Congress. 5725. Secretary of State report regarding the au- tonomy of Hong Kong. 5726. Treatment of Hong Kong applicants for visas to study or work in the United States. SUBCHAPTER III—REPORTING PROVISIONS 5731. Reporting requirement. 5732. Separate part of country reports. § 5701. Findings and declarations The Congress makes the following findings and declarations: (1) The Congress recognizes that under the 1984 Sino-British Joint Declaration: (A) The People’s Republic of China and the United Kingdom of Great Britain and North- ern Ireland have agreed that the People’s Republic of China will resume the exercise of sovereignty over Hong Kong on July 1, 1997. Until that time, the United Kingdom will be responsible for the administration of Hong Kong. (B) The Hong Kong Special Administrative Region of the People’s Republic of China, be- ginning on July 1, 1997, will continue to enjoy a high degree of autonomy on all mat- ters other than defense and foreign affairs. (C) There is provision for implementation of a ‘‘one country, two systems’’ policy, under which Hong Kong will retain its cur- rent lifestyle and legal, social, and economic systems until at least the year 2047. (D) The legislature of the Hong Kong Spe- cial Administrative Region will be con-