Page:United States Statutes at Large Volume 105 Part 2.djvu/295

 PUBLIC LAW 102-182—DEC. 4, 1991 105 STAT. 1247 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 UCENSES.— 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.". SEC. 305. 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: "CHEMICAL AND BIOLOGICAL WEAPONS PROLIFERATION SANCTIONS " SEC. lie. (a) IMPOSITION OF SANCTIONS. — 50 USC app. "(1) DETERMINATION BY THE PRESIDENT. — Except as provided in 24i0c. subsection (b)(2), the President shall impose both of the sanctions described 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

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