US Code

Public Law 119-73 (01/23/2026)

22 U.S.C. § 5605

Sanctions against use of chemical or biological weapons

(a)

Initial sanctions

section 5604(a)(1) of this titleIf, at any time, the President makes a determination pursuant to with respect to the government of a foreign country, the President shall forthwith impose the following sanctions:
(1)

Foreign assistance

22 U.S.C. 2151The United States Government shall terminate assistance to that country under the Foreign Assistance Act of 1961 [ et seq.], except for urgent humanitarian assistance and food or other agricultural commodities or products.

(2)

Arms sales

The United States Government shall terminate—
(A)
22 U.S.C. 2751 sales to that country under the Arms Export Control Act [ et seq.] 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 financial assistance by any department, agency, or instrumentality of the United States Government, including the Export-Import Bank of the United States.

(5)

Exports of national security-sensitive goods and technology

1

1 See References in Text note below.
1The authorities of section 4605  of title 50 shall be used to prohibit the export to that country of any goods or technology on that part of the control list established under section 4604(c)(1)  of title 50.

(b)

Additional sanctions if certain conditions not met

(1)

Presidential determination

section 5604(a)(1) of this titleUnless, within 3 months after making a determination pursuant to 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 biological weapons in violation of international law or using lethal chemical or biological weapons against its own nationals,
(B)
that government has provided reliable assurances that it will not in the future engage in any such activities, and
(C)
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 chemical or biological weapons in violation of international law and is not using lethal chemical or biological weapons against its own nationals,
then the President, after consultation with the Congress, shall impose on that country the sanctions set forth in at least 3 of subparagraphs (A) through (F) of paragraph (2).
(2)

Sanctions

The sanctions referred to in paragraph (1) are the following:
(A)

Multilateral development bank assistance

section 262d of this titleThe United States Government shall oppose, in accordance with , the extension of any loan or financial or technical assistance to that country by international financial institutions.

(B)

Bank loans

The United States Government shall prohibit any United States bank from making any loan or providing any credit to the government of that country, except for loans or credits for the purpose of purchasing food or other agricultural commodities or products.

(C)

Further export restrictions

1The authorities of section 4605  of title 50 shall be used to prohibit exports to that country of all other goods and technology (excluding food and other agricultural commodities and products).

(D)

Import restrictions

Restrictions shall be imposed on the importation into the United States of articles (which may include petroleum or any petroleum product) that are the growth, product, or manufacture of that country.

(E)

Diplomatic relations

The President shall use his constitutional authorities to downgrade or suspend diplomatic relations between the United States and the government of that country.

(F)

Presidential action regarding aviation

(i)
(I)
section 5604(a)(1) of this title The President is authorized to notify the government of a country with respect to which the President has made a determination pursuant to of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States.
(II)
Within 10 days after the date of notification of a government under subclause (I), the Secretary of Transportation shall take all steps necessary to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services.
(ii)
(I)
section 5604(a)(1) of this title The President may direct the Secretary of State to terminate any air service agreement between the United States and a country with respect to which the President has made a determination pursuant to , in accordance with the provisions of that agreement.
(II)
Upon termination of an agreement under this clause, the Secretary of Transportation shall take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States.
(iii)
The Secretary of Transportation may provide for such exceptions from clauses (i) and (ii) as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened.
(iv)
section 40102(a) of title 49 For purposes of this subparagraph, the terms “air transportation”, “air carrier”, “foreign air carrier”, and “foreign air transportation” have the meanings such terms have under .
(c)

Removal of sanctions

The President shall remove the sanctions imposed with respect to a country pursuant to this section if the President determines and so certifies to the Congress, after the end of the 12-month period beginning on the date on which sanctions were initially imposed on that country pursuant to subsection (a), that—
(1)
the government of that country has provided reliable assurances that it will not use chemical or biological weapons in violation of international law and will not use lethal chemical or biological weapons against its own nationals;
(2)
that government is not making preparations to use chemical or biological weapons in violation of international law or to use lethal chemical or biological weapons against its own nationals;
(3)
that government is willing to allow on-site inspections by United Nations observers or other internationally recognized, impartial observers to verify that it is not making preparations to use chemical or biological weapons in violation of international law or to use lethal chemical or biological weapons against its own nationals, or other reliable means exist to verify that it is not making such preparations; and
(4)
that government is making restitution to those affected by any use of chemical or biological weapons in violation of international law or by any use of lethal chemical or biological weapons against its own nationals.
(d)

Waiver

(1)

Criteria for waiver

The President may waive the application of any sanction imposed with respect to a country pursuant to this section—
(A)
if—
(i)
22 U.S.C. 2394–1 in the case of any sanction other than a sanction specified in subsection (b)(2)(D) (relating to import restrictions) or (b)(2)(E) (relating to the downgrading or suspension of diplomatic relations), the President determines and certifies to the Congress that such waiver is essential to the national security interests of the United States, and if the President notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of his determination and certification at least 15 days before the waiver takes effect, in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 [], or
(ii)
in the case of any sanction specified in subsection (b)(2)(D) (relating to import restrictions), the President determines and certifies to the Congress that such waiver is essential to the national security interest of the United States, and if the President notifies the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of his determination and certification at least 15 days before the waiver takes effect; or
(B)
if the President determines and certifies to the Congress that there has been a fundamental change in the leadership and policies of the government of that country, and if the President notifies the Congress at least 20 days before the waiver takes effect.
(2)

Report

In the event that the President decides to exercise the waiver authority provided in paragraph (1) with respect to a country, the President’s notification to the Congress under such paragraph shall include a report fully articulating the rationale and circumstances which led the President to exercise that waiver authority, including a description of the steps which the government of that country has taken to satisfy the conditions set forth in paragraphs (1) through (4) of subsection (c).

(e)

Contract sanctity

(1)

Sanctions not applied to existing contracts

(A)
section 5604(a)(1) of this title A sanction described in paragraph (4) or (5) of subsection (a) or in any of subparagraphs (A) through (D) of subsection (b)(2) shall not apply to any activity pursuant to any contract or international agreement entered into before the date of the presidential determination under unless the President determines, on a case-by-case basis, that to apply such sanction to that activity would prevent the performance of a contract or agreement that would have the effect of assisting a country in using chemical or biological weapons in violation of international law or in using lethal chemical or biological weapons against its own nationals.
(B)
1section 304(b) of this title11 The same restrictions of subsection (p) of section 4605  of title 50, as that subsection is so redesignated by , which are applicable to exports prohibited under section 4605  of title 50, shall apply to exports prohibited under subsection (a)(5) or (b)(2)(C) of this section. For purposes of this subparagraph, any contract or agreement the performance of which (as determined by the President) would have the effect of assisting a foreign government in using chemical or biological weapons in violation of international law or in using lethal chemical or biological weapons against its own nationals shall be treated as constituting a breach of the peace that poses a serious and direct threat to the strategic interest of the United States, within the meaning of subparagraph (A) of section 4605(p)  of title 50.
(2)

Sanctions applied to existing contracts

section 5604(a)(1) of this titleThe sanctions described in paragraphs (1), (2), and (3) of subsection (a) shall apply to contracts, agreements, and licenses without regard to the date the contract or agreement was entered into or the license was issued (as the case may be), except that such sanctions shall not apply to any contract or agreement entered into or license issued before the date of the presidential determination under if the President determines that the application of such sanction would be detrimental to the national security interests of the United States.

Pub. L. 102–182, title III, § 307105 Stat. 1254(, , .)

Editorial Notes

References in Text

Pub. L. 87–19575 Stat. 424section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsec. (a)(1), is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 90–62982 Stat. 1320section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (a)(2)(A), (3), is , , , which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 115–232, div. A, title XVII, § 1766(a)132 Stat. 2232Sections 4604(c)(1) and 4605 of title 50, referred to in subsecs. (a)(5), (b)(2)(C), and (e)(1)(B), were repealed by , , .

Section 304(b) of this titlesection 304(b) of Pub. L. 102–182105 Stat. 1246section 4605 of Title 50, referred to in subsec. (e)(1)(B), is , title III, , , which amended former , War and National Defense.

Codification

section 40102(a) of title 49Pub. L. 103–272, § 6(b)108 Stat. 1378In subsec. (b)(2)(F)(iv), “” substituted for “section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301)” on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Executive Documents

Delegation of Functions

section 2797 of this titleFunctions of President under this section delegated to Secretary of State, with certain exceptions, by section 1(b) of Ex. Ord. No. 12851, , 58 F.R. 33181, set out as a note under .

Ex. Ord. No. 13883. Administration of Proliferation Sanctions and Amendment of Executive Order 12851

Ex. Ord. No. 13883, , 84 F.R. 38113, provided:

50 U.S.C. 170150 U.S.C. 1601Public Law 102–18250 U.S.C. 461322 U.S.C. 2798section 301 of title 3By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act ( et seq.) (IEEPA), the National Emergencies Act ( et seq.) (NEA), sections 305–308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act), (50 U.S.C. App. 2410c [now ]; , 5604–5606), and , United States Code,

50 U.S.C. 1701I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps with respect to the national emergency described and declared in Executive Order 12938 of , [ note] as amended by and relied on for additional steps in subsequent Executive Orders, hereby order:

Section22 U.S.C. 5605(b)(1) 1. (a) When the President, or the Secretary of State pursuant to authority delegated by the President and in accordance with the terms of such delegation, pursuant to section 307(b)(1) of the CBW Act [], selects for imposition on a country one or more of the sanctions set forth below and in section 307(b)(2) of that Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall take the following actions, when necessary, to implement such sanctions:

22 U.S.C. 262d(i) oppose, in accordance with section 701 of the International Financial Institutions Act (), the extension of any loan or financial or technical assistance to that country by international financial institutions; and

(ii) prohibit any United States bank from making any loan or providing any credit to the government of that country, except for loans or credits for the purpose of purchasing food or other agricultural commodities or products.

(b) The prohibition in subsection (a)(ii) of this section applies except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order [].

Sec. 2. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in section 1(a)(ii) of this order is prohibited.

(b) Any conspiracy formed to violate the prohibition set forth in section 1(a)(ii) of this order is prohibited.

Secsection 2797 of this title. 3. [Amended Ex. Ord. No. 12851, set out as a note under .]

Sec. 4. For the purposes of this order:

(a) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;

(b) the term “government” means a government, any political subdivision, agency, or instrumentality thereof, and any person owned or controlled by, or acting for or on behalf of, that government; and

(c) the term “United States bank” means any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches), or any entity in the United States, that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures, or options, or procuring purchasers and sellers thereof, as principal or agent.

Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including promulgating rules and regulations, and to employ all powers granted to the President by IEEPA and the CBW Act as may be necessary to implement this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this order.

Sec. 6. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.