§2798 Sanctions Against Certain Foreign Persons

Summary

The President must punish a foreign person if the President finds that, on or after October 28, 1991, that person knowingly and in a meaningful way helped a foreign country, project, or group try to get, make, or store chemical or biological weapons. That help can be by sending goods or technology from the United States, by sending goods or technology from another country that would be covered by U.S. export rules, or by other transactions. The rule applies when the recipient country or group is one that after January 1, 1980 used chemical or biological weapons illegally, used lethal chemical or biological weapons against its own people, prepared to do those things, was found under section 6(j) of the Export Administration Act of 1979 to repeatedly support terrorism, or was otherwise named by the President. Sanctions target the named foreign person, its successors, and parents, subsidiaries, or affiliates that knowingly helped and, for affiliates, were actually controlled by the named person. The punishments are two bans: the U.S. government may not buy goods or services from the sanctioned person, and products made by that person may not be imported into the United States. The President can pause the bans up to 90 days to talk with the government that has authority over the person, and can extend that pause another 90 days if that government is taking action. The President must report to Congress within 90 days about those talks. Some exceptions exist, such as certain defense contracts, preexisting contracts, essential spare parts or maintenance when no alternatives exist, information or technology needed for U.S. production, and medical or humanitarian items. Sanctions must last at least 12 months. After 12 months the President can stop or waive them only if the President certifies to Congress that the person stopped helping the weapon efforts or, for a waiver, that lifting it is important to U.S. national security; the President must notify Congress at least 20 days before a waiver and explain why. A “foreign person” means a non‑U.S. citizen or non‑permanent resident individual, or an entity organized under foreign law or based outside the United States.