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States goods or technology, subject to the jurisdiction of the United States, or
(C) through any other transaction not subject to sanc
tions pursuant to the Export Administration Act of 1979, 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.
(2) COUNTRIES, PROJECTS, OR ENTITIES RECEIVING ASSISTANCE.—Paragraph (1) applies in the case of
(A) any foreign country that the President determines has, at any time after January 1, 1980–
(i) used chemical or biological weapons in violation of international law;
(ii) used lethal chemical or biological weapons against its own nationals; or
(iii) made substantial preparations to engage in the activities described in clause (i) or (ii); (B) any foreign country whose government is determined for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405()) to be a government that has repeatedly provided support for acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the President for purposes of this section. (3) PERSONS AGAINST WHOM SANCTIONS ARE TO BE IMPOSED.-Sanctions shall be imposed pursuant to paragraph (1) on
(A) the foreign person with respect to which the President makes the determination described in that paragraph;
(B) any successor entity to that foreign person;
(C) any foreign person that is a parent or subsidiary of that foreign person if that parent or subsidiary knowingly assisted in the activities which were the basis of that determination; and
(D) any foreign person that is an affiliate of that foreign person if that affiliate knowingly assisted in the activities which were the basis of that determination and if that af
filiate is controlled in fact by that foreign person. (b) CONSULTATIONS WITH AND ACTIONS BY FOREIGN GOVERNMENT OF JURISDICTION.
(1) CONSULTATIONS.—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 sanctions pursuant to this section.
(2) ACTIONS BY GOVERNMENT OF JURISDICTION.-In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this section for a period of up to 90 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that 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 sanctions for an additional period of up to 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence.
(3) REPORT TO CONGRESS.—The President shall report to the Congress, 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. (c) SANCTIONS.—
(1) DESCRIPTION OF SANCTIONS.—The sanctions to be imposed pursuant to subsection (a)(1) are, except as provided in paragraph (2) of this subsection, the following:
(A) PROCUREMENT SANCTION.—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).
(B) IMPORT SANCTIONS.—The importation into the United States of products produced by any person de
scribed in subsection (a)(3) shall be prohibited. (2) EXCEPTIONS.—The President shall not be required to apply or maintain sanctions under this section
(A) in the case of procurement of defense articles or defense services,
(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements;
(ii) 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 services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or
(iii) if the President determines that such articles or services are essential to the national security under
defense coproduction agreements; (B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose sanctions; (C) to
(i) spare parts,
(ii) component parts, but not finished products, essential to United States products or production, or
(iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily
or reasonably available; (D) to information and technology essential to United States products or production; or
(E) to medical or other humanitarian items.
(d) TERMINATION OF SANCTIONS.—The sanctions imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Congress 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. (e) WAIVER.
(1) CRITERION FOR WAIVER.—The President may waive the application of any sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies to the Congress that such waiver is important to the national security interests of the United States.
(2) NOTIFICATION OF AND REPORT TO CONGRESS.—If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress 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 au
thority. (f) DEFINITION OF FOREIGN PERSON.–For the purposes of this section, the term “foreign person” means
(1) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or
(2) a corporation, partnership, or other entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States. CHAPTER 9TRANSFER OF CERTAIN CFE TREATY.
LIMITED EQUIPMENT TO NATO MEMBERS 333 SEC. 91.334 PURPOSE.
The purpose of this chapter is to authorize the President to support, consistent with the CFE Treaty, a NATO equipment transfer program that will
(1) enhance NATO's forces,
(3) better distribute defense burdens within the NATO alli
ance. SEC. 92.335 CFE TREATY OBLIGATIONS.
The authorities provided in this chapter shall be exercised consistent with the obligations incurred by the United States in connection with the CFE Treaty.
333 Sec. 2 of the Conventional Forces in Europe Treaty Implementation Act of 1991 (Public Law 102–228; 105 Stat. 1691) added chapter 9, secs. 91–95.
334 22 U.S.C. 2799. 335 22 U.S.C. 2799a.
SEC. 93.336 AUTHORITIES.
(a) 337 GENERAL AUTHORITY.—The President may transfer to any NATO/CFE country, in accordance with NATO plans, defense articles
(1) that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treaty's definition of “conventional armaments and equipment limited by the Treaty”;
(2) that were, as of the date of signature of the CFE Treaty, in the stocks of the Department of Defense and located in the CFE Treaty's area of application; and
(3) that the President determines are not needed by United States military forces within the CFE Treaty's area of applica
tion. (b) ACCEPTANCE OF NATO ASSISTANCE IN ELIMINATING DIRECT COSTS OF TRANSFERS.-In order to eliminate direct costs of facilitating transfers of defense articles under subsection (a), the United States may utilize services provided by NATO or any NATO/CFE country, including inspection, repair, or transportation services with respect to defense articles so transferred.
(c) ACCEPTANCE OF NATO ASSISTANCE IN MEETING CERTAIN UNITED STATES OBLIGATIONS.—In order to facilitate United States compliance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds provided by NATO or any NATO/CFE country.
(d) AUTHORITY TO TRANSFER ON A GRANT BASIS.—Defense articles may be transferred under subsection (a) without cost to the recipient country.
(e) THIRD COUNTRY TRANSFERS RESTRICTIONS.--For purposes of sections 3(a)(2), 3(a)(3), 3(c), and 3(d) of this Act, defense articles transferred under subsection (a) of this section shall be deemed to have been sold under this Act.
(f) 337 MAINTENANCE OF MILITARY BALANCE IN THE EASTERN MEDITERRANEAN.—The President shall ensure that transfers by the United States under subsection (a), taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 620C of the Foreign Assistance Act of 1961, of maintaining the military balance in the Eastern Mediterranean. (g) EXPIRATION OF AUTHORITY.
(1) IN GENERAL.—Except as provided in paragraph (2), the authority of subsection (a) expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force.
(2) TRANSITION RULE.—Paragraph (1) does not apply with respect to a transfer of defense articles for which notification
336 22 U.S.C. 2799b.
337 In a Memorandum of February 13, 1992, the President delegated "to the Secretary of Defense the functions vested in me by section 93(a) and section 94 of the Arms Export Control Act, as amended ('the Act'), and to the Secretary of State the functions vested in me by section 93(f) of the Act. Consistent with section 2 of the Act, transfers of defense articles under section 93(a) shall be subject to the policy direction of the Secretary of State, including the determination of whether such transfers shall occur.” (57 F.R. 6663; February 27, 1992).
under section 94(a) is submitted before the end of the period
described in that paragraph. SEC. 94.337, 338 NOTIFICATIONS AND REPORTS TO CONGRESS.
(a) NOTIFICATIONS.—Not less than 15 days before transferring any defense articles pursuant to section 93(a), the President shall notify the Committee on Foreign Affairs 339 of the House of Representatives and the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of the Foreign Assistance Act of 1961.
(b) ANNUAL REPORTS.—Not later than February 1 each year, the President shall submit to the Committee on Foreign Affairs 339 and the Committee on Armed Services 340 of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report that
(1) lists all transfers made to each recipient NATO/CFE country by the United States under section 93(a) during the preceding calendar year;
(2) describes how those transfers further the purposes described in paragraphs (1) through (3) of section 91; and
(3) lists, on a country-by-country basis, all transfers to another country of conventional armaments and equipment limited by the CFE Treaty
(A) by each NATO/CFE country (other than the United States) in implementing the CFE Treaty, and
(B) by each country of the Eastern Group of States Par
ties 341 in implementing the CFE Treaty. SEC. 95.342 DEFINITIONS. As used in this chapter
(1) the term "CFE Treaty” means the Treaty on Conventional Armed Forces in Europe (signed at Paris, November 19, 1990);
(2) the term "conventional armaments and equipment limited by the CFE Treaty” has the same meaning as the term "conventional armaments and equipment limited by the Treaty” does under paragraph 1(J) of article II of the CFE Treaty;
(3) the term "NATO” means the North Atlantic Treaty Organization;
(4) the term “NATO/CFE country" means a member country of NATO that is a party to the CFE Treaty and is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed or acceded to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949 (the North Atlantic Treaty); and
338 22 U.S.C. 2799c.
339 Sec. 1(aX5) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.
340 Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Armed Services of the House of Representatives shall be treated as referring to the Committee on National Security of the House of Representatives.
341 Sec. 402(1) of the FRIENDSHIP Act (Public Law 103–199; 107 Stat. 2317) struck out “Warsaw Pact country” and inserted in lieu thereof "country of the Eastern Group of States Parties”.
342 22 U.S.C. 2799d.