Bill summaries are authored by CRS.

Shown Here:
Indefinitely postponed in Senate (05/17/1990)

Chemical and Biological Weapons Control Act of 1990 - Title I: Sanctions Against the Use of Chemical and Biological Weapons - Requires the President: (1) after information becomes available to the U.S. Government indicating the possibility that a foreign country has used chemical or biological weapons, to make a determination as to whether that foreign country has used chemical or biological weapons in violation of international law or has used lethal chemical or biological weapons against its own nationals; and (2) to make such a determination after being requested to do so by the chairman of the Senate Foreign Relations Committee or the chairman of the House Foreign Affairs Committee.

Requires the President, after determining that a foreign country has used such weapons in violation of international law or against its own nationals, to: (1) terminate assistance to that country under the Foreign Assistance Act of 1961, except for humanitarian assistance and assistance for purchasing agricultural products; (2) terminate all foreign military sales financing under the Arms Export Control Act with respect to that country; (3) terminate U.S. Government sales to that country of any defense articles or services; (4) prohibit the issuance of any licenses for the export to that country of any item on the U.S. Munitions List; (5) prohibit the exportation of any goods or technology, except for food or agricultural products, pursuant to foreign policy control provisions of the Export Administration Act of 1979; (6) oppose, in accordance with the International Financial Institutions Act, the extension of any loan, financial, or technical assistance to that country by international financial institutions; (7) deny that country any credit or credit guarantees through the Export-Import Bank of the United States; (8) prohibit any U.S. bank from making any loan or providing any credit to that country, except to purchase food or other agricultural products; and (9) terminate the landing rights in the United States of any airline owned by the government of that country. Authorizes the President to waive some or all of such sanctions for a period not to exceed 12 months upon a determination and certification to the Congress that such a waiver would be in the national interest.

Requires the President to notify the Congress of the imposition of such sanctions not later than five days after he imposes such sanctions.

Provides that specified sanctions shall not apply to any activity pursuant to any contract or international agreement entered into before the date of the presidential determination under this Act unless the President determines, on a case-by-case basis, that to apply such sanctions 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 against its own nationals.

Applies specified sanctions to contracts and agreements, without regard to the date they were entered into, with the exception that such sanctions shall not apply to any contract or agreement entered into before the date of the presidential determination under this Act if the President determines that the application of such sanctions would be detrimental to the national security interests of the United States. Provides for the removal of such sanctions after specified conditions are met.

Requires the President to report to the Congress annually on: (1) efforts by countries or subnational groups that threaten U.S. security interests or regional stability to acquire materials and technology to develop, produce, stockpile, and deliver chemical, biological, or nuclear weapons; (2) an assessment of the present and future capabilities of such countries or groups to develop, produce, stockpile, and deliver such weapons; (3) the degree to which any country or foreign person has aided or abetted the government of any country or subnational group to engage in any activity in connection with the acquisition of any such weapons; and (4) all U.S. persons against whom penalties have been applied for shipment of goods and technology controlled under the Export Administration Act of 1979 and the Arms Export Control Act.

Urges the President to cooperate in multilateral efforts to control chemical and biological weapons and to give full support to United Nations involvement in such efforts.

Title II: Measures to Prevent the Proliferation of Chemical and Biological Weapons - Declares that the U.S. Government should propose to the Australia Group that its objectives should be guided by measures that: (1) are effective in impeding chemical weapons production; (2) are easy, practical, and economical to implement; and (3) do not impede the trade of chemicals and equipment used for legitimate purposes.

Requires the President to use the authorities of the Arms Export Control Act to control the export of those defense articles and defense services, and use the authorities of the Export Administration Act of 1979 to control the export of those goods and technologies, that the President determines would assist a country in acquiring the capability to develop, produce, stockpile, deliver, or use chemical or biological weapons.

Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to maintain a list of goods and technology that would assist a country in acquiring such capability. Requires a validated license for the export of listed goods and technology, except exports to countries with which the United States has arrangements for the control of such goods or technology and countries designated by the President. Directs the Secretary to consult with the Secretary of State prior to approving or denying such export licenses. Declares that the Secretary of Commerce should encourage certifications and inspections by independent companies of shipments and end-users of chemicals that could be used in the development of chemical and biological weapons.

Amends the Arms Export Control Act to require the President to impose sanctions, with exceptions, on a foreign person if the President determines that such person has knowingly and materially contributed to the efforts to use, develop, stockpile, or otherwise acquire chemical or biological weapons by any country that the President determines has, at any time after January 1, 1980: (1) used such weapons in violation of international law; (2) used lethal chemical or biological weapons against its own nationals; (3) made substantial preparations to do either of the preceding activities; or (4) been designated pursuant to the Export Administration Act of 1979 as a country which supports international terrorism. Directs the President to report to the Congress after making a determination with respect to such foreign person. Lists as a sanction a prohibition on procuring goods or services from such person. Applies such sanction for at least 24 months and requires it to continue until 12 months after the President certifies to the Congress that: (1) the person has ceased prohibited activities; and (2) it is in the U.S. national interest to procure or import goods or services from such person. Makes parallel amendments to the Export Administration Act of 1979.

Title III: Additional Restrictions on Trade with Cuba - Prohibits the issuance of licenses for certain transactions between U.S. firms in third countries and Cuba.

Expresses the sense of the Congress that: (1) continuing Soviet support of Cuba remains a problem in U.S.-Soviet relations; and (2) the Soviet Union should cease military aid to Cuba and adopt policies to support the political, economic, and human rights of the Cuban people.

Title IV: General Provisions - Declares that U.S. representatives, during the next round of talks with the Palestine Liberation Organization (PLO), should obtain from the PLO an accounting of specified attempted incursions into Israel which occurred after December 1, 1988.

Requires the Commissioner of the Customs Service to report to the president of the Senate and the Speaker of the House on illegal activities being undertaken on behalf of the PLO in the United States and the extent to which the PLO Executive Committee and National Council and the Palestine National Council are aware of, or involved in, such activities.