§4613 — Title 50 War and National Defense | U.S. Code

Summary

The President must impose two penalties when the President finds that, on or after October 28, 1991, a foreign person knowingly and significantly helped a foreign government, project, or entity get chemical or biological weapons by exporting U.S.-controlled goods or technology from the United States, or by exporting goods or technology from another country that would be U.S.-controlled if they were U.S. goods. This rule applies when the foreign country has, after January 1, 1980, used chemical or biological weapons in violation of international law, used lethal chemical or biological weapons against its own people, made big preparations to do those things, is already found to have repeatedly supported international terrorism, or is otherwise designated by the President. The penalties ban U.S. government procurement from the person and bar import of products made by that person. The penalties cover the named person, its successors, parents or subsidiaries that knowingly helped, and affiliates that knowingly helped and are controlled by the person. Before imposing penalties, the President is urged to talk with the government that has primary control over the foreign person and may delay penalties up to 90 days to do so, and may delay another 90 days if that government is taking action. The President must report to Congress about consultations within 90 days. Some exceptions exist for certain defense contracts and services, preexisting contracts, essential spare parts or maintenance when no alternatives exist, necessary technology for U.S. production, and medical or humanitarian items. Penalties must last at least 12 months and can end only if the President certifies the person stopped aiding efforts to acquire chemical or biological weapons. After that 12-month period, the President may waive a penalty for U.S. national security reasons but must tell Congress at least 20 days before and explain why. Definitions: foreign person — (1) an individual who is not a U.S. citizen or permanent resident; (2) a company or other entity organized under foreign law or with its main place of business outside the United States.

Title 50, §4613

War and National Defense — Source: USLM XML via OLRC

(a)(1)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,

(2)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)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)(1)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)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)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)(1)The sanctions to be imposed pursuant to subsection (a)(1) are, except as provided in paragraph (2) of this subsection, the following:

(A)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)The importation into the United States of products produced by any person described in subsection (a)(3) shall be prohibited.

(2)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)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)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which was classified principally to this chapter, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for section 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). section 4605(j) of this title, referred to in subsec. (a)(2)(B), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For similar provisions, see section 4813(c) of this title, as enacted by Pub. L. 115–232. Codification Section was formerly classified to section 2410c of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 11C of Pub. L. 96–72, as added Pub. L. 102–138, title V, § 505(a), Oct. 28, 1991, 105 Stat. 724, contained provisions substantially identical to those added by section 305(a) of Pub. L. 102–182, prior to repeal by Pub. L. 102–182, § 309(a).

Amendments

1991—Subsec. (a)(1). Pub. L. 102–182, § 309(b)(1), substituted “

October 28, 1991” for “

December 4, 1991”.

Statutory Notes and Related Subsidiaries

Department of Defense Review of Export Licenses for Certain Biological Pathogens Pub. L. 104–106, div. A, title XIII, § 1323, Feb. 10, 1996, 110 Stat. 480, provided that: “(a) Department of Defense Review.—Any application to the Secretary of Commerce for a license for the export of a class 2, class 3, or class 4 biological pathogen to a country identified to the Secretary under subsection (c) as a country that is known or suspected to have a biological weapons program shall be referred to the Secretary of Defense for review. The Secretary of Defense shall notify the Secretary of Commerce within 15 days after receipt of an application under the preceding sentence whether the export of such biological pathogen pursuant to the license would be contrary to the national security interests of the United States. “(b) Denial of License if Contrary to National Security Interest.—A license described in subsection (a) shall be denied by the Secretary of Commerce if it is determined that the export of such biological pathogen to that country would be contrary to the national security interests of the United States. “(c) Identification of Countries Known or Suspected To Have a Program To Develop Offensive Biological Weapons.—(1) The Secretary of Defense shall determine, for the purposes of this section, those countries that are known or suspected to have a program to develop offensive biological weapons. Upon making such determination, the Secretary shall provide to the Secretary of Commerce a list of those countries. “(2) The Secretary of Defense shall update the list under paragraph (1) on a regular basis. Whenever a country is added to or deleted from such list, the Secretary shall notify the Secretary of Commerce. “(3) Determination under this subsection of countries that are known or suspected to have a program to develop offensive biological weapons shall be made in consultation with the Secretary of State and the intelligence community. “(d) Definition.—For purposes of this section, the term ‘class 2, class 3, or class 4 biological pathogen’ means any biological pathogen that is characterized by the Centers for Disease Control as a class 2, class 3, or class 4 biological pathogen.”

Executive Documents

Delegation of Functions Functions of President under this section delegated to Secretary of State, with certain exceptions, by section 1(a) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of Title 22, Foreign Relations and Intercourse.

§4613 Chemical and biological weapons proliferation sanctions