§ 586H. WAIVER AUTHORITY.
522 words·~2 min read·
/usc/title-50/section-586hA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In General .— The President may waive the requirements of any paragraph of section 586G(a) if the President makes a certification under subsection
(b)or subsection (c). Certification of Fundamental Changes in Iraqi Policies and Actions .— The authority of subsection
(a)may be exercised 60 days after the President certifies to the Congress that— the Government of Iraq— has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights; is not acquiring, developing, or manufacturing
(i)ballistic missiles,
(ii)chemical, biological, or nuclear weapons, or
(iii)components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; and does not provide support for international terrorism; the Government of Iraq is in substantial compliance with its obligations under international law, including— the Charter of the United Nations; the International Covenant on Civil and Political Rights (done at New York, December 16, 1966 ) and the International Covenant on Economic, Social, and Cultural Rights (done at New York, December 16, 1966 ); the Convention on the Prevention and Punishment of the Crime of Genocide (done at Paris, December 9, 1948 ); the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925 ); the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow, July 1, 1968 ); and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow, April 10, 1972 ); and the President has determined that it is essential to the national interests of the United States to exercise the authority of subsection (a). Certification of Fundamental Changes in Iraqi Leadership and Policies .— The authority of subsection
(a)may be exercised 30 days after the President certifies to the Congress that— there has been a fundamental change in the leadership of the Government of Iraq; and the new Government of Iraq has provided reliable and credible assurance that— it respects internationally recognized human rights and it will demonstrate such respect through its conduct; it is not acquiring, developing, or manufacturing and it will not acquire, develop, or manufacture
(i)ballistic missiles,
(ii)chemical, biological, or nuclear weapons, or
(iii)components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; it is not and will not provide support for international terrorism; and it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subparagraphs
(A)through
(F)of subsection (b)(2). Information To Be Included in Certifications .— Any certification under subsection
(b)or
(c)shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the President will waive pursuant to that certification.