Page:United States Statutes at Large Volume 105 Part 1.djvu/752

 105 STAT. 724 PUBLIC LAW 102-138—OCT. 28, 1991 (4) to adopt the imposition of stricter controls on the export of chemical agents, precursors, and equipment and to adopt tougher multilateral sanctions against firms and individuals who violate these controls or against countries that use chemical weapons. 22 USC 5603. SEC. 504. UNITED STATES EXPORT CONTROLS. President. (a) IN GENERAL.— The President shall— (1) use the authorities of the Arms Export Control Act to control the export of those defense articles and defense services, and (2) use the authorities of the Export Administration Act of 1979 to control the export of those goods and technology, that the President determines would assist the government of any foreign country in acquiring the capability to develop, produce, stockpile, deliver, or use chemical or biological weapons. (b) EXPORT ADMINISTRATION ACT. — Section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) is amended— (1) by redesignating subsections (m) through (r) as subsections (n) through (s), respectively; and (2) by inserting after subsection (1) the following: " (m) CHEMICAL AND BIOLOGICAL WEAPONS.— "(1) ESTABLISHMENT OF LIST.— The Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the list maintained under this section, a list of goods and technology that would directly and substantially assist a foreign government or group in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring acquisition or enhancement of such capability. "(2) REQUIREMENT FOR VALIDATED LICENSES. —The Secretary shall require a validated license for any export of goods or technology on the list established under paragraph (1) to any country of concern. "(3) COUNTRIES OF CONCERN. —For purposes of paragraph (2), the term 'country of concern' means any country other than— "(A) a country with whose government the United States has entered into a bilateral or multilateral arrangement for the control of goods or technology on the list established under paragraph (1); and "(B) such other countries as the Secretary of State, in consultation with the Secretary and the Secretary of Defense, shall designate consistent with the purposes of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.". President. SEC. 505. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. (a) AMENDMENT TO EXPORT ADMINISTRATION ACT. —The Export Administration Act of 1979 is amended by inserting after section IIB the following: 50 USC app. 2410c. CHEMICAL AND BIOLOGICAL WEAPONS PROLIFERATION SANCTIONS "SEC. lie. (a) IMPOSITION OF SANCTION.— "(1) DETERMINATION BY THE PRESIDENT. —Except as provided in subsection (b)(2), the President shall impose the sanction de-

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