Sec. 4. Required sanctions on foreign countries in response to certain acts concerning chemical or biological program

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The Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 ( 22 U.S.C. 5601 et seq. ) is amended by adding at the end the following: If the President makes a determination pursuant to section 306(a)(1)(B) with respect to an individual who is an official, employee, or agent of a foreign governmental entity, the President shall, not later than 30 days of making the determination, impose the following sanctions with respect to the foreign country most closely associated with that entity:

Suspension of all scientific cooperative programs and agreements between the United States and that country. A prohibition on the export, reexport, or in-country transfer of items classified under Category 1 or Category 2 of the Commerce Control List to or in that country. A prohibition on the procurement of, or entry into a contract to procure, a good or service from a person operating in the chemical or biological sectors of the economy of that country. Not later than 120 days after making a determination pursuant to section 306(a)(1)(B) with respect to an individual who is an official, employee, or agent of a foreign governmental entity, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that states whether— the foreign governmental entity or the government of the foreign country most closely associated with that entity— has adequately addressed the covered act that was the basis for the determination; has voluntarily provided substantive information regarding the covered act to the United States Government and relevant international organizations; and has developed or is developing measures to prevent the commission of covered acts in the future; and the government of that country is compliant with the obligations of the country under each covered treaty.

If the report required by paragraph

(1)states that any action described in paragraph

(1)has not been taken by the foreign governmental entity or the government of the foreign country, as applicable, the President shall impose not fewer than 2 of the following sanctions with respect to the foreign country: Termination of assistance provided to the country pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), except for urgent humanitarian assistance, food, or other agricultural commodities or products. A prohibition on the export, reexport, or in-country transfer of items controlled under the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ) to or in the country, including items controlled for reasons related to the national security interests of the United States under the Export Administration Regulations, except that such prohibition shall not apply to a transaction subject to the reporting requirements of title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ). A prohibition on the issuance of a license for the export, reexport, or retransfer of an item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 )) if the license includes the country as a party. The President may order the United States Government not to issue a license or grant a specific permission or authority under a provision of law described in subparagraph

(B)to export a good or service to a foreign country subject to sanctions imposed under paragraph (2). The provisions of law described in this subparagraph are the following: The Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ). The Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). The Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). Any other statute that requires the prior review and approval of the United States Government as a condition for the export of goods or services. Not later than 210 days after making a determination pursuant to section 306(a)(1)(B) with respect to an individual who is an official, employee, or agent of a foreign governmental entity, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that states whether— the foreign governmental entity or the government of the foreign country most closely associated with that entity— has adequately addressed the covered act that was the basis for the determination; has voluntarily provided substantive information regarding the covered act to the United States Government and relevant international organizations; and has developed or is developing measures to prevent the commission of covered acts in the future; and the government of the country is compliant with the obligations of the country under each covered treaty. If the report required by paragraph

(1)states that any action described in paragraph

(1)has not been taken by the foreign governmental entity or the government of the foreign country, as applicable, the President shall prohibit any transaction that— is— in foreign commerce; or a transfer of credit or payment by, through, or to a financial institution; is subject to the jurisdiction of the United States; and involves a financial interest of the country. The President shall terminate each sanction imposed with respect to a foreign country pursuant to this section if, on or after the date that is 1 year after the first date on which the sanction was imposed, the President certifies to Congress that— the government of the country, or the foreign governmental entity of which the individual who committed the covered act that was the basis for the imposition of such sanctions was an official, employee, or agent— has adequately addressed the act; has made or is making restitution to persons harmed by the covered act, including United States nationals; has voluntarily provided substantive information regarding the covered act to the United States Government and relevant international organizations; and has developed or is developing measures to prevent the commission of covered acts in the future; and the government of the country is compliant with the obligations of the country under each covered treaty. The President may, for periods of not more than 180 days, waive the imposition of sanctions required under this section if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is vital to the national security interests of the United States. The President may not exercise the authority described in paragraph

(1)on or after the date that is 5 years after the date of the enactment of the Countering Beijing’s Weaponization of Fentanyl Act . In this title: The term chemical or biological program means a program to produce, develop, or distribute— a chemical or biological weapon; benzylfentanyl; 4-anilinopiperidine; or norfentanyl precursors. The term Commerce Control List means the list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations. The term covered act means an act by an individual who is an official, employee, or agent of a foreign governmental entity, if— the individual knew or should have known that the act would result in injury or damages to a foreign country other than the foreign country most closely associated with that entity; and the act concerns a chemical or biological program that is owned, controlled, or directed by, or subject to the jurisdiction of, that entity. The term covered treaty means— the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow, April 10, 1972 (commonly referred to as the Biological Weapons Convention ); and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as the Chemical Weapons Convention ). The term Export Administration Regulations means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations (or successor regulations). The term foreign governmental entity means— the government of a foreign country; the government of a political subdivision of a foreign country; an agency or instrumentality of a foreign state, as such term is defined in section 1603(b) of title 28, United States Code; an entity that is directly or indirectly controlled or beneficially owned by a government described in subparagraph

(A)or (B); an entity that acts on behalf of or as an agent of such a government; or an entity that— receives significant material support from a such a government; and is engaged in— the provision of commercial services; shipping; manufacturing; producing; or exporting. .

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Sec. 4

Required sanctions on foreign countries in response to certain acts concerning chemical or biological program

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