50 U.S.C. § 4613 — Chemical and biological weapons proliferation sanctions

(a) Imposition. (1) Except under (b)(2), the President must impose both sanctions in (c) if, on or after October 28, 1991, a foreign person knowingly and materially contributed, (A) through exports from the United States of goods or technology subject to United States jurisdiction under this chapter, or (B) through exports from another country of goods or technology that would be subject to United States jurisdiction under this chapter if they were United States goods or technology, to efforts by a country, project, or entity in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons. (2) This covers (A) a country the President determines after January 1, 1980, used such weapons contrary to international law, used lethal such weapons against its own nationals, or made substantial preparations to do either; (B) a country whose government is determined for section 4605(j) to have repeatedly supported international terrorism; and (C) another country, project, or entity designated by the President. (3) Sanctions apply to (A) the person determined responsible; (B) a successor; (C) its parent or subsidiary that knowingly helped the underlying activities; and (D) its affiliate that knowingly helped them and is in fact controlled by that person.

(b) Consultations. (1) When making the (a)(1) determinations, Congress urges immediate consultation with the government having primary jurisdiction over the foreign person. (2) To pursue consultation, the President may delay sanctions up to 90 days. Afterward the President must impose them unless that government took specific effective actions, including penalties, to end the person’s involvement, and the President determines and certifies that fact to Congress. One further delay of up to 90 days is allowed if the President determines and certifies that the government is taking those actions. (3) Within 90 days after the determination, the President must report to Congress on consultation status and the basis for any corrective-action determination.

(c) Sanctions. (1) Unless paragraph (2) applies: (A) the United States Government may not procure or contract to procure goods or services from a person in (a)(3); and (B) products made by such a person may not be imported into the United States. (2) The President need not apply or maintain sanctions for (A) defense articles or services under existing contracts or subcontracts, including options for operational military requirements; from a sole source when essential and alternatives are unavailable; or when the articles or services are essential to national security under defense coproduction agreements; (B) products or services under contracts made before publication of the intent to sanction; (C) spare parts, component parts essential to United States products or production, but not finished products, or routine servicing and maintenance when alternatives are unavailable; (D) essential information and technology; or (E) medical or other humanitarian items.

(d) Termination. Sanctions apply at least 12 months. They may stop afterward only if reliable information indicates, and the President determines and certifies to Congress, that the person has ceased aiding or abetting any foreign government, project, or entity in its efforts to acquire chemical or biological weapons capability as described in subsection (a)(1).

(e) Waiver. (1) After 12 months from imposition on a person, the President may waive any sanction if the President determines and certifies to Congress that the waiver is important to United States national security interests. (2) The President must notify Congress at least 20 days before it takes effect and include a full report explaining the reasons and circumstances.

(f) “Foreign person” means (1) an individual who is neither a United States citizen nor an alien admitted for permanent residence, or (2) a corporation, partnership, or other entity created or organized under foreign law or having its principal place of business outside the United States. This section does not otherwise define “individual,” “alien,” “goods,” “technology,” “project,” “entity,” “parent,” “subsidiary,” or “affiliate.”