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1. Chemical and Biological Weapons Control and Warfare

Elimination Act of 1991

21 of Public Law 102-182 (H.R. 1724), 105 Stat. 1222, approved December 1,

1992
J ACT To provide for the termination of the application of title IV of the Trade

Act of 1974 to Czechoslovakia and Hungary.
Be it enacted by the Senate and House of Representatives of the
"ted States of America in Congress assembled,

TLE III–CONTROL AND ELIMINATION OF CHEMICAL AND

BIOLOGICAL WEAPONS

SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNI.

TION OF UKRAINIAN INDEPENDENCE. (a) FINDINGS.—The Senate makes the following findings:

(1) On August 24, 1991, the democratically elected Ukrainian parliament declared Ukrainian independence and the creation of an independent, democratic state-Ukraine.

(2) That declaration reflects the desire of the people of Ukraine for freedom and independence following long years of communist oppression, collectivization, and centralization.

(3) On December 1, 1991, a republic-wide referendum will be held in Ukraine to confirm the August 24, 1991, declaration of independence.

(4) Ukraine is pursuing a peaceful and democratic path to independence and has pledged to comply with the Helsinki Final Act and other documents of the Conference on Security and Cooperation in Europe.

(5) Ukraine and Russia signed an agreement on August 29, 1991, recognizing each other's rights to state independence and affirming each other's territorial integrity.

(6) Ukraine, a nation of 52,000,000 people, with its own distinct linguistic, cultural, and religious traditions, is determined to take its place among the family of free and democratic nations of the world.

(7) The Congress has traditionally supported the rights of people to peaceful and democratic self-determination.

(8) As recognized in Article VIII of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, "all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural develop

ment". (b) SENSE OF THE SENATE.—It is the sense of the Senate that the President

(1) should recognize Ukraine's independence and undertake steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm Ukrainian parliament's

independence declaration; and (2) should use United States assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free market in Ukraine.

21. SHORT TITLE. this title may be cited as the “Chemical and Biological Weapons strol and Warfare Elimination Act of 1991”. 1. 22? PURPOSES The purposes of this title are

1) to mandate United States sanctions, and to encourage international sanctions, against countries that use chemical or biological weapons in violation of international law or use lethal chemical or biological weapons against their own nationals, and to impose sanctions against companies that aid in the proliferation of chemical and biological weapons; 2 to support multilaterally coordinated efforts to control the proliferation of chemical and biological weapons;

3) to urge continued close cooperation with the Australia Group and cooperation with other supplier nations to devise ever more effective controls on the transfer of materials, equipment

, and technology applicable to chemical or biological weapons production; and 4 to require Presidential reports on efforts that threaten United States interests or regional stability by Iran, Iraq, Syria

, Libya, and others to acquire the materials and technoloy to develop, produce, stockpile, deliver, transfer, or use chemical or biological weapons. 1. 343. MULTILATERAL EFFORTS. a MULTILATERAL CONTROLS ON PROLIFERATION.— It is the policy 1.se United States to seek multilaterally coordinated efforts with 3 USC.591 note. See also title XVII of the National Defense Authorization Act for Fiscal at Public Law 103-160; 50 U.S.C. 1522-1524) relating to chemical and biological weap selense, in Legislation on Foreign Relations Through 1993, vol. I-B, page 332.

This joint resolution may be cited as the “Dire Emergency Sup plemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incre mental Cost of Operation Desert Shield/Desert StormAct of

1992”.

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7. Chemical and Biological Weapons Control and Warfare

Elimination Act of 1991

Title III of Public Law 102–182 (H.R. 1724), 105 Stat. 1222, approved December 4,

1992

AN ACT To provide for the termination of the application of title IV of the Trade

Act of 1974 to Czechoslovakia and Hungary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE III-CONTROL AND ELIMINATION OF CHEMICAL AND

BIOLOGICAL WEAPONS

SEC. 301.' SHORT TITLE.

This title may be cited as the "Chemical and Biological Weapons Control and Warfare Elimination Act of 1991”. SEC. 302.2 PURPOSES. The purposes of this title are

(1) to mandate United States sanctions, and to encourage international sanctions, against countries that use chemical or biological weapons in violation of international law or use : lethal chemical or biological weapons against their own nationals, and to impose sanctions against companies that aid in the proliferation of chemical and biological weapons;

(2) to support multilaterally coordinated efforts to control the proliferation of chemical and biological weapons;

(3) to urge continued close cooperation with the Australia Group and cooperation with other supplier nations to devise ever more effective controls on the transfer of materials, equipment, and technology applicable to chemical or biological weapons production; and

(4) to require Presidential reports on efforts that threaten United States interests or regional stability by Iran, Iraq, Syria, Libya, and others to acquire the materials and technology to develop, produce, stockpile, deliver, transfer, or use chem

ical or biological weapons. SEC. 303.3 MULTILATERAL EFFORTS.

(a) MULTILATERAL CONTROLS ON PROLIFERATION.-It is the policy of the United States to seek multilaterally coordinated efforts with

- 22 U.S.C. 5601 note. See also title XVII of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522-1524) relating to chemical and biological weapons defense, in Legislation on Foreign Relations Through 1993, vol. I-B, page 332.

2 22 U.S.C. 5601. 322 U.S.C. 5602.

the proliferation of chemical weapons is similar to that of
the Australia Group; and
(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 chemi-

cal weapons.

SEC. 2014 UNITED STATES EXPORT CONTROLS.
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 serv-

lces, and

other countries to control the proliferation of chemical and biological weapons. In furtherance of this policy, the United States shall

(1) promote agreements banning the transfer of missiles suitable for armament with chemical or biological warheads;

(2) set as a top priority the early conclusion of a comprehensive global agreement banning the use, development, production, and stockpiling of chemical weapons;

(3) seek and support effective international means of monitoring and reporting regularly on commerce in equipment, materials, and technology applicable to the attainment of a chemical or biological weapons capability; and

(4) pursue and give full support to multilateral sanctions pursuant to United Nations Security Council Resolution 620, which declared the intention of the Security Council to give immediate consideration to imposing “appropriate and effective” sanctions against any country which uses chemical weap

ons in violation of international law. (b) MULTILATERAL CONTROLS ON CHEMICAL AGENTS, PRECURSORS, AND EQUIPMENT.--It is also the policy of the United States to strengthen efforts to control chemical agents, precursors, and equipment by taking all appropriate multilateral diplomatic measures

(1) to continue to seek a verifiable global ban on chemical weapons at the 40 nation Conference on Disarmament in Geneva;

(2) to support the Australia Group's objective to support the norms and restraints against the spread and the use of chemical warfare, to advance the negotiation of a comprehensive ban on chemical warfare by taking appropriate measures, and to protect the Australia Group's domestic industries against inadvertent association with supply of feedstock chemical equip ment that could be misused to produce chemical weapons;

(3) to implement paragraph (2) by proposing steps comple mentary to, and not mutually exclusive of, existing multilateral efforts seeking a verifiable ban on chemical weapons, such as the establishment of

(A) a harmonized list of export control rules and regulations to prevent relative commercial advantage and disadvantages accruing to Australia Group members,

(B) liaison officers to the Australia Group's coordinating entity from within the diplomatic missions,

(C) a close working relationship between the Australia Group and industry,

(D) a public unclassified warning list of controlled chemical agents, precursors, and equipment,

(E) information-exchange channels of suspected proliferants,

(F) a "denial" list of firms and individuals who violate the Australia Group's export control provisions, and

(G) broader cooperation between the Australia Group and other countries whose political commitment to stem

2) use the authorities of the Export Administration Act of
1999 to control the export of those goods and technology,
a the President determines would assist the government of any
reign country in acquiring the capability to develop, produce,
eckpile, deliver, or use chemical or biological weapons.
b)EXPORT ADMINISTRATION ACT.-
30. 35. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS,

AMENDMENT TO EXPORT ADMINISTRATION ACT.

AMENDMENT TO ARMS EXPORT CONTROL ACT.-* * *
LC *** DETERMINATIONS REGARDING USE OF CHEMICAL OR BIO-

LOGICAL WEAPONS.
DETERMINATION BY THE PRESIDENT -

1. WHEN DETERMINATION REQUIRED; NATURE OF DETERMINA-
TON-Whenever persuasive information becomes available to
the executive branch indicating the substantial possibility that,
an or after the date of the enactment of this title, the govern-

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**SC 03.

ibi amended sec. 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405); pulation on Foreign Relations Through 1993, vol. III.

a added a new sec. 11C to the Export Administration Act of 1979, relating to chemithe buskagical weapons proliferation sanctions; see Legislation on Foreign Relations Through the bl added a new chapter 8 to the Arms Export Control Act; see Legislation on For. dections Through 1993, vol. I-A, page 385. entre Order 12851 of June 11, 1993 (58 F.R. 33181) provided for the administration of Testam sanctions, Middle East Arms Control, and related Congressional reporting requireending the following:

!. Chemical and Biological Weapons Proliferation and Use Sanctions.
Chemical and Biological Weapons Use

. The authority and duties vested in me by sections
the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
1.74-586) are delegated to the Secretary of State, except that:
The authority and duties vested in me to restrict certain imports as provided in sec-
b2D)

, pursuant to a determination made by the Secretary of State under section
11

, are delegated to the Secretary of the Treasury. The Secretary of State shall issue, transmit to the Congress, and notify the Secretary the Treasury of, as appropriate, waivers based upon findings made pursuant to section The authority and duties vested in me to prohibit certain exports as provided in secWis15

) and section 307(X2XC), pursuant to a determination made by the Secretary of
under section 306aX1) and section 307(bX1), are delegated to the Secretary of Com-
Certination Among Agencies. The Secretaries designated in this section shall exercise all

sa delegated to them by this section in consultation with the Secretary of State, the Sec-
si belarse, the Secretary of the Treasury, the Secretary of Commerce, the Director of the

and and Disarmament Agency, and other departments and agencies as appropriate,
sebe apropriate interagency groups prior to any determination to exercise the prohibi-

stany delegated hereby."

he proliferation of chemical weapons is similar to that of he Australia Group; and to adopt the imposition of stricter controls on the export emical agents, precursors, and equipment and to adopt er multilateral sanctions against firms and individuals riolate these controls or against countries that use chemieapons. NITED STATES EXPORT CONTROLS. ENERAL.-The President shalluse the authorities of the Arms Export Control Act to 1 the export of those defense articles and defense servnd use the authorities of the Export Administration Act of o control the export of those goods and technology, President determines would assist the government of any untry in acquiring the capability to develop, produce, Heliver, or use chemical or biological weapons. ORT ADMINISTRATION ACT.NCTIONS AGAINST CERTAIN FOREIGN PERSONS. ENDMENT TO EXPORT ADMINISTRATION ACT.

*** ENDMENT TO ARMS EXPORT CONTROL ACT.DETERMINATIONS REGARDING USE OF CHEMICAL OR BIOLOGICAL WEAPONS. MINATION BY THE PRESIDENT.VHEN DETERMINATION REQUIRED; NATURE OF DETERMINAWhenever persuasive information becomes available to ecutive branch indicating the substantial possibility that, after the date of the enactment of this title, the govern

3. mended sec. 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405); on Foreign Relations Through 1993, vol. III. dded a new sec. 11C to the Export Administration Act of 1979, relating to chemial weapons proliferation sanctions; see Legislation on Foreign Relations Through dded a new chapter 8 to the Arms Export Control Act; see Legislation on Forhrough 1993, vol. 1-A, page 385. 4. der 12851 of June 11, 1993 (58 F.R. 33181) provided for the administration of ctions, Middle East Arms Control, and related Congressional reporting requirethe following: emical and Biological Weapons Proliferation and Use Sanctions. and Biological Weapons Use. The authority and duties vested in me by sections hemical and Biological Weapons Control and Warfare Elimination Act of 1991 606) are delegated to the Secretary of State, except that: uthority and duties vested in me to restrict certain imports as provided in sec(D), pursuant to a determination made by the Secretary of State under section delegated to the Secretary of the Treasury. ecretary of State shall issue, transmit to the Congress, and notify the Secretary ury of, as appropriate, waivers based upon findings made pursuant to section athority and duties vested in me to prohibit certain exports as provided in secand section 307(bX2)(C), pursuant to a determination made by the Secretary of section 306(a)(1) and section 307(b)(1), are delegated to the Secretary of Comon Among Agencies. The Secretaries designated in this section shall exercise all ed to them by this section in consultation with the Secretary of State, the Secthe Secretary of the Treasury, the Secretary of Commerce, the Director of the d Disarmament Agency, and other departments and agencies as appropriate, opriate interagency groups prior to any determination to exercise the prohibiegated hereby.”.

ment of a foreign country has made substantial preparation to
use or has used chemical or biological weapons, the President cal or biological weapons against its own nationals. This report
shall, within 60 days after the receipt of such information by

shall contain an analysis of each of the items enumerated in the executive branch, determine whether that government, on

subsection (aX2). or after such date of enactment, has used chemical or biologi

: 297.4.10 SANCTIONS AGAINST USE OF CHEMICAL OR BIOLOGICAL cal weapons in violation of international law or has used lethal WEAPONS. chemical or biological weapons against its own nationals. Sec

INITIAL SANCTIONS. If, at any time, the President makes a tion 307 applies if the President determines that that govern cermination pursuant to section 306(aX1) with respect to the govment has so used chemical or biological weapons.

rument of a foreign country, the President shall forthwith impose (2) MATTERS TO BE CONSIDERED.-In making the determina following sanctions: tion under paragraph (1), the President shall consider the fol

(1) FOREIGN ASSISTANCE.—The United States Government lowing:

sball terminate assistance to that country under the Foreign (A) All physical and circumstantial evidence available

Assistance Act of 1961, except for urgent humanitarian assistbearing on the possible use of such weapons.

ance and food or other agricultural commodities or products. (B) All information provided by alleged victims, wit

(2) ARMS SALES.—The United States Government shall termi-
nesses, and independent observers.

nate
(C) The extent of the availability of the weapons in ques-
tion to the purported user.

(D) All official and unofficial statements bearing on the possible use of such weapons.

(E) Whether, and to what extent, the government in question is willing to honor a request from the Secretary General of the United Nations to grant timely access to a United Nations fact-finding team to investigate the possibility of chemical or biological weapons use or to grant

such access to other legitimate outside parties. (3) DETERMINATION TO BE REPORTED TO CONGRESS.—Upon making a determination under paragraph (1), the President shall promptly report that determination to the Congress. If the determination is that a foreign government had used chemical or biological weapons as described in that paragraph, the report shall specify the sanctions to be imposed pursuant

to section 307. (b) CONGRESSIONAL REQUESTS; REPORT.

(1) REQUEST.-The Chairman of the Committee on Foreign Relations of the Senate (upon consultation with the ranking minority member of such committee) or the Chairman of the Committee on Foreign Affairs of the House of Representatives (upon consultation with the ranking minority member of such committee) may at any time request the President to consider whether a particular foreign government, on or after the date of the enactment of this title, has used chemical or biological weapons in violation of international law or has used lethal chemical or biological weapons against its own nationals.

(2) REPORT TO CONGRESS.---Not later than 60 days after receiving such a request, the President shall provide to the Chairman of the Committee on Foreign Relations of the Senate and the Chairman of the Committee on Foreign Affairs of the House of Representatives a written report on the information held by the executive branch which is pertinent to the issue of whether the specified government, on or after the date of the enactment of this title, has used chemical or biological weap

(A) sales to that country under the Arms Export Control
Act of any defense articles, defense services, or design and
construction services, and

(B) licenses for the export to that country of any item on
the United States Munitions List.
3) ARMS SALES FINANCING.–The United States Government
shall terminate all foreign military financing for that country
under the Arms Export Control Act.

(4) DENIAL OF UNITED STATES GOVERNMENT CREDIT OR OTHER
FINANCIAL ASSISTANCE.-The United States Government shall
deny to that country any credit, credit guarantees, or other fi-
nancial assistance by any department, agency, or instrumental-
ty of the United States Government, including the Export
Import Bank of the United States.

(5) EXPORTS OF NATIONAL SECURITY-SENSITIVE GOODS AND TECH-
WOLOGY. –The authorities of section 6 of the Export Adminis-
tration Act of 1979 (50 U.S.C. 2405) shall be used to prohibit

export to that country of any goods or technology on that
part of the control list established under section 5(X1) of that

At 22 U.S.C. 24046c/1). ADDITIONAL SANCTIONS IF CERTAIN CONDITIONS NOT MET. 1) PRESIDENTIAL DETERMINATION.--Unless, within 3 months alter making a determination pursuant to section 306(aX1) with respect to a foreign government, the President determines and certifies in writing to the Congress that

(A) that government is no longer using chemical or bio logical weapons in violation of international law or using lethal chemical or biological weapons against its own na

B) that government has provided reliable assurances that it will not in the future engage in any such activities, and

that government is willing to allow on-site inspections by United Nations observers or other internationally recognized, impartial observers, or other reliable means exist, to ensure that that government is not using chemi

wonals,

ons in violation of international law or has used lethal chemi

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