Page:United States Statutes at Large Volume 105 Part 1.djvu/753

 PUBLIC LAW 102-138—OCT. 28, 1991 105 STAT. 725 scribed in subsection (c) if the President determines that a foreign person, on or after the date of the enactment of this section, has knowingly and materially contributed— "(A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States under this Act, or "(B) through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States under this Act, 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 ASSIST- ANCE. —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 this Act 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 SANCTION IS TO BE IMPOSED.— A sanction 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 affiliate 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 determination 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 a sanction pursuant to this section. "(2) ACTIONS BY GOVERNMENT OF JURISDICTION. — In order to pursue such consultations with that government, the President may delay the imposition of a sanction pursuant to this section for a period of up to 90 days. Following these consultations, the President shall impose the sanction unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate pen-

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