Page:United States Statutes at Large Volume 105 Part 1.djvu/756

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105 STAT. 728 PUBLIC LAW 102-138—OCT. 28, 1991 "(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 the Export Administra- ,, tion Act of 1979 (50 U.S.C. 2405(j)) 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 SANCTIONS ARE 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 penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay the imposition of the sanction for an additional period of up to 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence. "(3) REPORT TO CONGRESS. — The President shall report to the Congress, not later than 90 days after making a determination under subsection (a)(1), on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. "(c) SANCTION. — "(1) DESCRIPTION OF SANCTION. —The sanction to be imposed pursuant to subsection (a)(1) is, except as provided in paragraph (2) of this subsection, that the United States Government shall