Weapons of Mass Destruction Control Act

Summary

Weapons of Mass Destruction Control Act - Sets forth U.S. policy with respect to discouraging the use and production of biological, chemical, and nuclear weapons. Title I: Sanctions Against the Use of Nuclear, Chemical, and Biological Weapons - Requires the President: (1) after information becomes available to the U.S. Government indicating that a foreign country has used nuclear, chemical, or biological weapons, to make a determination whether such country has used such weapons in violation of international law or against its own nationals; and (2) to make such a determination at the request of the chairman of the Senate Foreign Relations Committee or the House Foreign Affairs Committee. Directs the President, after determining that a country has used such weapons in violation of international law or against its own nationals, to: (1) terminate assistance under the Foreign Assistance Act of 1961 to the country (except for humanitarian assistance or assistance for purchasing food or agricultural products); (2) terminate foreign military sales financing under the Arms Export Control Act with respect to the country and U.S. Government sales of defense articles and services; (3) prohibit the issuance of licenses for export to the country of items on the U.S. Munitions List; (4) prohibit the export to the country of goods or technology on the Export Administration Act of 1979 control list; (5) oppose assistance by international financial institutions to the country; (6) prohibit imports from such country; (7) deny Export-Import Bank credit to the country; (8) prohibit U.S. banks from making loans or credit to the country, except for loans or credit for purchasing food or agricultural products; and (9) terminate landing rights of any airline owned by the government of such country. Authorizes the President to waive any sanction for up to nine months upon certification to the Speaker of the House and the chairman of the Senate Foreign Relations Committee that such waiver is in the national interest. Requires the President to notify such individuals after imposing such sanctions. Makes specified sanctions inapplicable to existing contracts unless the President determines that such sanctions would prevent the performance of a contract which assists a country in using chemical or biological weapons in violation of international law or against its own nationals. Applies sanctions concerning foreign assistance, foreign military financing and arms sales, and U.S. Munitions List export licenses to existing contracts unless the President determines that such sanctions would be detrimental to U.S. national security interests. Provides for the removal of such sanctions when specified conditions are met. Urges the President to support the United Nations Security Council in developing comparable sanctions and multilateral monitoring and reporting on commerce in materials and equipment applicable to attainment of weapons capability. Title II: Measures to Prevent the Proliferation of Nuclear, Chemical, and Biological Weapons and the Means for Their Delivery - Imposes sanctions against: (1) U.S. and foreign persons attempting to trade, or facilitate the trade of, internationally controlled missile technology in violation of the Arms Export Control Act or the Export Administration Act of 1979; and (2) developing countries importing such technology or equipping their armed forces with other types of missile systems or weapons delivery systems configured to use weapons of mass destruction. Lists sanctions applicable to such persons as: (1) denial of specified export licenses under such Acts; and (2) a prohibition on Federal contracting with, or procurement from, such persons. Applies such sanctions with respect to internationally controlled missile technology if the President determines that the acts of the person are not destabilizing and the person has not committed such acts previously. Lists sanctions applicable to developing countries as: (1) denial of technical assistance in aviation, electronics, missiles, or space equipment; and (2) denial of the transfer of such technology, except for items that would require only notification of the Coordinating Committee on Export Controls for export to a controlled country. Exempts from contracting sanctions contracts providing for products or services valued at the lesser of $20,000 or three percent of the average unit cost. Requires such sanctions to be imposed for two to five years. Waives such sanctions if the President makes specified certifications concerning such products or services to the Congress. Directs the Secretary of Commerce to establish a list of: (1) goods and technology that would assist a country in acquiring the ability to produce chemical, biological, or nuclear weapons; and (2) countries that are pursuing or expanding such ability. Requires validated licenses for the export to such countries of such goods or technology. Directs the Secretary to deny a license if there is reason to believe that the goods or technology will be used for weapons production. Sets forth consultation requirements for the Secretary with respect to the approval or denial of such licenses. Requires the President to impose sanctions against a foreign person who has aided or abetted, or continues to aid or abet, a listed country in acquiring goods or technology used in the production and development of such weapons. Lists such sanctions as prohibitions on: (1) Federal contracting with, or procurement from, such persons; and (2) imports from persons who have engaged in such activities within the past ten years. Terminates procurement sanctions for persons continuing to engage in such activities two years after the President certifies that: (1) the persons have ceased such activities; and (2) it is in the national security interest to procure goods and services from such persons. Terminates import sanctions against such persons two years after the President certifies that it is in the national security interest to procure goods and services from such persons. Exempts from such sanctions: (1) defense articles or services procured under existing contracts, determined to be from a sole source supplier, or essential to national security; (2) spare or component parts; (3) routine servicing and maintenance of products; (4) information and technology; or (5) foreign persons who provided dual-use material or technology and who were unaware that the intended use of such products was the development of a chemical weapon. Requests the President to review the range of the security, political, economic, and commercial relations of the United States with each listed country. Sets forth reporting requirements with respect to the proliferation of weapons and missiles. Authorizes the Secretary of State to issue advisory opinions, at the request of any person, on whether a proposed activity by such person would subject the person to sanctions under this title. Makes sanctions inapplicable to persons who rely on opinions stating that an activity is not subject to sanctions.

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 15 May 1990

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