US (United States) Code. Title 22. Chapter 65: Control and elimination of chemical and biological weapons

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL

AND BIOLOGICAL WEAPONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-MISC1-

Sec.

5601. Purposes.

5602. Multilateral efforts.

(a) Multilateral controls on proliferation.

(b) Multilateral controls on chemical agents,

precursors, and equipment.

5603. United States export controls.

5604. Determinations regarding use of chemical or biological

weapons.

(a) Determination by President.

(b) Congressional requests; report.

5605. Sanctions against use of chemical or biological

weapons.

(a) Initial sanctions.

(b) Additional sanctions if certain conditions not

met.

(c) Removal of sanctions.

(d) Waiver.

(e) Contract sanctity.

5606. Repealed.

PRIOR PROVISIONS

A prior chapter 65, enacted by Pub. L. 102-138, title V, Oct. 28,

1991, 105 Stat. 722, contained provisions substantially identical

to those enacted by Pub. L. 102-182, title III, Dec. 4, 1991, 105

Stat. 1245, prior to repeal by Pub. L. 102-182, title III, Sec.

309(a), Dec. 4, 1991, 105 Stat. 1258.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 50 section 441c; title 50

App. section 2405.

-End-

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22 USC Sec. 5601 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

Sec. 5601. Purposes

-STATUTE-

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.

-SOURCE-

(Pub. L. 102-182, title III, Sec. 302, Dec. 4, 1991, 105 Stat.

1245.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", meaning title III of Pub. L. 102-182, Dec. 4, 1991, 105

Stat. 1245, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC1-

SHORT TITLE

Section 301 of title III of Pub. L. 102-182 provided that: "This

title [enacting this chapter, section 2798 of this title, and

section 2410c of Title 50, Appendix, War and National Defense,

amending sections 2798 and 5604 of this title and sections 2405 and

2410c of Title 50, Appendix, and repealing provisions which enacted

this chapter, section 2798 of this title, and section 2410c of

Title 50, Appendix, and which amended section 2405 of Title 50,

Appendix] may be cited as the 'Chemical and Biological Weapons

Control and Warfare Elimination Act of 1991'."

Pub. L. 102-138, title V, Sec. 501, Oct. 28, 1991, 105 Stat. 722,

which provided that title V of Pub. L. 102-138, which enacted this

chapter, section 2798 of this title, and section 2410c of Title 50,

Appendix, War and National Defense, and amended section 2405 of

Title 50, Appendix, was to be cited as the "Chemical and Biological

Weapons Control and Warfare Elimination Act of 1991", was repealed

by section 309(a) of Pub. L. 102-182.

MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,

chapter 2], Nov. 29, 1999, 113 Stat. 1536, 1501A-490, provided

that:

"SEC. 1121. SHORT TITLE.

"This chapter may be cited as the 'National Security and

Corporate Fairness under the Biological Weapons Convention Act'.

"SEC. 1122. DEFINITIONS.

"In this chapter:

"(1) Biological weapons convention. - The term 'Biological

Weapons Convention' means the 1972 Convention on the Prohibition

of the Development, Production and Stockpiling of Bacteriological

(Biological) and Toxin Weapons and on their Destruction.

"(2) Compliance protocol. - The term 'compliance protocol'

means that segment of a bilateral or multilateral agreement that

enables investigation of questions of compliance entailing

written data or visits to facilities to monitor compliance.

"(3) Industry. - The term 'industry' means any corporate or

private sector entity engaged in the research, development,

production, import, and export of peaceful pharmaceuticals and

bio-technological and related products.

"SEC. 1123. FINDINGS.

"Congress makes the following findings:

"(1) The threat of biological weapons and their proliferation

is one of the greatest national security threats facing the

United States.

"(2) The threat of biological weapons and materials represents

a serious and increasing danger to people around the world.

"(3) Biological weapons are relatively inexpensive to produce,

can be made with readily available expertise and equipment, do

not require much space to make and can therefore be readily

concealed, do not require unusual raw materials or materials not

readily available for legitimate purposes, do not require the

maintenance of stockpiles, or can be delivered with

low-technology mechanisms, and can effect widespread casualties

even in small quantities.

"(4) Unlike other weapons of mass destruction, biological

materials capable of use as weapons can occur naturally in the

environment and are also used for medicinal or other beneficial

purposes.

"(5) Biological weapons are morally reprehensible, prompting

the United States Government to halt its offensive biological

weapons program in 1969, subsequently destroy its entire

biological weapons arsenal, and maintain henceforth only a robust

defensive capacity.

"(6) The Senate gave its advice and consent to ratification of

the Biological Weapons Convention in 1974.

"(7) The Director of the Arms Control and Disarmament Agency

explained, at the time of the Senate's consideration of the

Biological Weapons Convention, that the treaty contained no

verification provisions because verification would be

'difficult'.

"(8) A compliance protocol has now been proposed to strengthen

the 1972 Biological Weapons Convention.

"(9) The resources needed to produce, stockpile, and store

biological weapons are the same as those used in peaceful

industry facilities to discover, develop, and produce medicines.

"(10) The raw materials of biological agents are difficult to

use as an indicator of an offensive military program because the

same materials occur in nature or can be used to produce a wide

variety of products.

"(11) Some biological products are genetically manipulated to

develop new commercial products, optimizing production and

ensuring the integrity of the product, making it difficult to

distinguish between legitimate commercial activities and

offensive military activities.

"(12) Only a small culture of a biological agent and some

growth medium are needed to produce a large amount of biological

agents with the potential for offensive purposes.

"(13) The United States pharmaceutical and biotechnology

industries are a national asset and resource that contribute to

the health and well-being of the American public as well as

citizens around the world.

"(14) One bacterium strain can represent a large proportion of

a company's investment in a pharmaceutical product and thus its

potential loss during an arms control monitoring activity could

conceivably be worth billions of dollars.

"(15) Biological products contain proprietary genetic

information.

"(16) The proposed compliance regime for the Biological Weapons

Convention entails new data reporting and investigation

requirements for industry.

"(17) A compliance regime which contributes to the control of

biological weapons and materials must have a reasonable chance of

success in reducing the risk of production, stockpiling, or use

of biological weapons while protecting the reputations,

intellectual property, and confidential business information of

legitimate companies.

"SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.

"(a) National Security Trial Investigations and Trial Visits. -

The President shall conduct a series of national security trial

investigations and trial visits, both during and following

negotiations to develop a compliance protocol to the Biological

Weapons Convention, with the objective of ensuring that the

compliance procedures of the protocol are effective and adequately

protect the national security of the United States. These trial

investigations and trial visits shall be conducted at such sites as

United States Government facilities, installations, and national

laboratories.

"(b) United States Industry Trial Investigations and Trial

Visits. - The President shall take all appropriate steps to conduct

or sponsor a series of United States industry trial investigations

and trial visits, both during and following negotiations to develop

a compliance protocol to the Biological Weapons Convention, with

the objective of ensuring that the compliance procedures of the

protocol are effective and adequately protect the national security

and the concerns of affected United States industries and research

institutions. These trial investigations and trial visits shall be

conducted at such sites as academic institutions, vaccine

production facilities, and pharmaceutical and biotechnology firms

in the United States.

"(c) Participation by Defense Department and Other Appropriate

Personnel. - The Secretary of Defense and, as appropriate, the

Director of the Federal Bureau of Investigation shall make

available specialized personnel to participate -

"(1) in each trial investigation or trial visit conducted

pursuant to subsection (a); and

"(2) in each trial investigation or trial visit conducted

pursuant to subsection (b), except for any investigation or visit

in which the host facility requests that such personnel not

participate,

for the purpose of assessing the information security implications

of such investigation or visit. The Secretary of Defense, in

coordination with the Director of the Federal Bureau of

Investigation, shall add to the report required by subsection

(d)(2) a classified annex containing an assessment of the risk to

proprietary and classified information posed by any investigation

or visit procedures in the compliance protocol.

"(d) Study. -

"(1) In general. - The President shall conduct a study on the

need for investigations and visits under the compliance protocol

to the Biological Weapons Convention, including -

"(A) an assessment of risks to national security and United

States industry and research institutions of such on-site

activities; and

"(B) an assessment of the monitoring results that can be

expected from such investigations and visits.

"(2) Report. - Not later than the date on which a compliance

protocol to the Biological Weapons Convention is submitted to the

Senate for its advice and consent to ratification, the President

shall submit to the Committee on Foreign Relations of the Senate

a report, in both unclassified and classified form, setting forth

-

"(A) the findings of the study conducted pursuant to

paragraph (1); and

"(B) the results of trial investigations and trial visits

conducted pursuant to subsections (a) and (b)."

-End-

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22 USC Sec. 5602 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

Sec. 5602. Multilateral efforts

-STATUTE-

(a) Multilateral controls on proliferation

It is the policy of the United States to seek multilaterally

coordinated efforts with other countries to control the

proliferation of chemical and biological weapons. In furtherance of

this policy, the United States shall -

(1) promote agreements banning the transfer of missiles

suitable for armament with chemical or biological warheads;

(2) set as a top priority the early conclusion of a

comprehensive global agreement banning the use, development,

production, and stockpiling 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 multilateral sanctions

pursuant to United Nations Security Council Resolution 620, which

declared the intention of the Security Council to give immediate

consideration to imposing "appropriate and effective" sanctions

against any country which uses chemical weapons in violation of

international law.

(b) Multilateral controls on chemical agents, precursors, and

equipment

It is also the policy of the United States to strengthen efforts

to control chemical agents, precursors, and equipment by taking all

appropriate multilateral diplomatic measures -

(1) to continue to seek a verifiable global ban on chemical

weapons at the 40 nation Conference on Disarmament in Geneva;

(2) to support the Australia Group's objective to support the

norms and restraints against the spread and the use of chemical

warfare, to advance the negotiation of a comprehensive ban on

chemical warfare by taking appropriate measures, and to protect

the Australia Group's domestic industries against inadvertent

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 exclusive of, existing multilateral efforts

seeking 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

accruing 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 suspected proliferants,

(F) a "denial" list of firms and individuals who violate the

Australia Group's export control provisions, and

(G) broader cooperation between the Australia Group and other

countries whose political commitment to stem the proliferation

of chemical weapons is similar to that of the Australia Group;

and

(4) to adopt the imposition of stricter controls on the export

of chemical agents, precursors, and equipment and to adopt

tougher multilateral sanctions against firms and individuals who

violate these controls or against countries that use chemical

weapons.

-SOURCE-

(Pub. L. 102-182, title III, Sec. 303, Dec. 4, 1991, 105 Stat.

1245.)

-End-

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22 USC Sec. 5603 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

Sec. 5603. United States export controls

-STATUTE-

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 defense services, and

(2) use the authorities of the Export Administration Act of

1979 [50 App. U.S.C. 2401 et seq.] 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, deliver, or use chemical or biological weapons.

-SOURCE-

(Pub. L. 102-182, title III, Sec. 304(a), Dec. 4, 1991, 105 Stat.

1246.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in par. (1), 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.

The Export Administration Act of 1979, referred to in par. (2),

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.

-End-

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22 USC Sec. 5604 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

Sec. 5604. Determinations regarding use of chemical or biological

weapons

-STATUTE-

(a) Determination by President

(1) When determination required; nature of determination

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 weapons, the President shall, within 60 days after the

receipt of such information by the executive branch, determine

whether that government, 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

nationals. 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 paragraph (1), the President

shall consider the following:

(A) All physical and circumstantial evidence available

bearing on the possible use of such weapons.

(B) All information provided by alleged victims, witnesses,

and independent observers.

(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 government in question

is willing to honor a request from the Secretary General of the

United Nations to grant timely access to a United Nations

fact-finding team to investigate the possibility of chemical or

biological weapons use or to grant such access to other

legitimate outside parties.

(3) Determination to be reported to Congress

Upon making a determination under paragraph (1), the President

shall promptly report that determination to the Congress. If the

determination is that a foreign government had used chemical or

biological weapons as described 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 Representatives (upon consultation with

the ranking minority member of such committee) may at any time

request the President to consider whether a particular foreign

government, on or after December 4, 1991, has used chemical or

biological weapons in violation of international law or has used

lethal chemical or biological weapons 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 Relations of the Senate and the Chairman of the Committee

on Foreign Affairs of the House of Representatives a written

report on the information 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 violation 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) of this section.

-SOURCE-

(Pub. L. 102-182, title III, Secs. 306, 309(b)(3), Dec. 4, 1991,

105 Stat. 1252, 1259.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 101-182, Sec. 309(b)(3),

substituted "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 enacted Dec. 4, 1991. "October

28, 1991", the second time appearing, was substituted for "such

date of enactment" for purposes of codification.

-CHANGE-

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.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295a, 2295b, 5605 of

this title.

-End-

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22 USC Sec. 5605 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

Sec. 5605. Sanctions against use of chemical or biological weapons

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-182, title III, Sec. 307, Dec. 4, 1991, 105 Stat.

1254.)

-REFTEXT-

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.

-COD-

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-

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.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295a, 2295b, 5604 of

this title.

-End-

-CITE-

22 USC Sec. 5606 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 65 - CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL

WEAPONS

-HEAD-

Sec. 5606. Repealed. Pub. L. 107-228, div. B, title XIII, Sec.

1308(g)(1)(B), Sept. 30, 2002, 116 Stat. 1441

-MISC1-

Section, Pub. L. 102-182, title III, Sec. 308, Dec. 4, 1991, 105

Stat. 1257, related to Presidential reporting requirements.

-End-