Sec. 842. Chemical and biological weapons proliferation sanctions
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Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection
(c)if the President determines that a foreign person has knowingly and materially contributed— through the export from the United States of any item that is subject to the jurisdiction of the United States under this subtitle; or through the export from any other country of any item that would be, if they were United States goods or technology, subject to the jurisdiction of the United States under this subtitle, to the efforts by any foreign country, project, or entity described in paragraph
(2)to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons. Paragraph
(1)applies in the case of— any foreign country that the President determines has, at any time after January 1, 1980— used chemical or biological weapons in violation of international law; used lethal chemical or biological weapons against its own nationals; or made substantial preparations to engage in the activities described in clause
(i)or (ii); any foreign country whose government is determined for purposes of section 914(c) to be a government that has repeatedly provided support for acts of international terrorism; or any other foreign country, project, or entity designated by the President for purposes of this section. A sanction shall be imposed pursuant to paragraph
(1)on— the foreign person with respect to which the President makes the determination described in that paragraph; any successor entity to that foreign person; and any foreign person that is a parent, subsidiary, or affiliate of that foreign person if that parent, subsidiary, or affiliate knowingly assisted in the activities which were the basis of that determination. 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 a sanction pursuant to this section. In order to pursue such consultations with that government, the President may delay imposition of a sanction pursuant to this section for a period of up to 90 days. Following such consultations, the President shall impose the sanction unless the President determines and certifies to the appropriate congressional committees that the 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 the sanction for an additional period of up to 90 days if the President determines and certifies to the Congress that the government is in the process of taking the actions described in the preceding sentence. The President shall report to the appropriate congressional committees, 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. The sanction to be imposed pursuant to subsection (a)(1) is, except as provided that 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). The President shall not be required to apply or maintain a sanction under this section— in the case of procurement of defense articles or defense services— under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements; 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 defense services, that the defense articles or defense services are essential, and that alternative sources are not readily or reasonably available; or if the President determines that such articles or services are essential to the national security under defense coproduction agreements; to products or services provided under contracts entered into before the date on which the President publishes his intention to impose sanctions; to— spare parts; component parts, but not finished products, essential to United States products or production; or routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; to information and technology essential to United States products or production; or to medical or other humanitarian items. A sanction imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of one sanction and shall cease to apply thereafter only if the President determines and certifies to the appropriate congressional committees 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. The President may waive the application of any sanction imposed on any person pursuant to this section if the President determines and certifies to the appropriate congressional committees that such waiver is important to the national security interests of the United States. If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the appropriate congressional committees 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. In this section: The term appropriate congressional committees means— the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. The terms defense articles and defense services mean those items on the United States Munitions List or are otherwise controlled under the Arms Export Control Act.