PUBLIC LAW 102-138—OCT. 28, 1991 105 STAT. 727 efforts to acquire chemical or biological weapons capability as described in that subsection, "(e) WAIVER.— "(1) CRITERION FOR WAIVER. —The President may waive the application of the sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which the sanction was imposed on that person, if the President determines and certifies to the Congress that such waiver is important to the national security interests of the United States. "(2) NOTIFICATION OF AND REPORT TO CONGRESS. —I f the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. "(f) DEFINITION OF FOREIGN PERSON.— For purposes of this section, the term 'foreign person' means— "(1) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or "(2) a corporation, partnership, or other entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States.", (b) AMENDMENT TO ARMS EXPORT CONTROL ACT.—The Arms Export Control Act is amended by inserting after chapter 7 the following: "CHAPTER 8—CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION "SEC. 81. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. 22 USC 2798. "(a) IMPOSITION OF SANCTION. — "(1) DETERMINATION BY THE PRESIDENT. — Except as provided in subsection (b)(2), the President shall impose the sanction 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, "(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, or "(C) through any other transaction not subject to sanctions pursuant to the Export Administration Act of 1979, to the efforts by any foreign country, project, or entity described in par^raph (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—
�
