1
See References in Text note below.
References in Text
This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning [Pub. L. 96–72], Sept. 29, 1979, [93 Stat. 503], known as the Export Administration Act of 1979, which was classified principally to this chapter, prior to repeal by [Pub. L. 115–232, div. A, title XVII, § 1766(a)], Aug. 13, 2018, [132 Stat. 2232], except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613).
Section 4605(j) of this title, referred to in subsec. (a)(2)(B), was repealed by [Pub. L. 115–232, div. A, title XVII, § 1766(a)], Aug. 13, 2018, [132 Stat. 2232]. For similar provisions, see section 4813(c) of this title, as enacted by [Pub. L. 115–232].
Codification
Section was formerly classified to section 2410c of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior [section 11C of Pub. L. 96–72], as added [Pub. L. 102–138, title V, § 505(a)], Oct. 28, 1991, [105 Stat. 724], contained provisions substantially identical to those added by [section 305(a) of Pub. L. 102–182], prior to repeal by [Pub. L. 102–182, § 309(a)].
Amendments
1991—Subsec. (a)(1). [Pub. L. 102–182, § 309(b)(1)], substituted “October 28, 1991” for “December 4, 1991”.
Statutory Notes and Related Subsidiaries
Department of Defense Review of Export Licenses for Certain Biological Pathogens
[Pub. L. 104–106, div. A, title XIII, § 1323], Feb. 10, 1996, [110 Stat. 480], provided that:“(a)
Department of Defense Review.—
Any application to the Secretary of Commerce for a license for the export of a class 2, class 3, or class 4 biological pathogen to a country identified to the Secretary under subsection (c) as a country that is known or suspected to have a biological weapons program shall be referred to the Secretary of Defense for review. The Secretary of Defense shall notify the Secretary of Commerce within 15 days after receipt of an application under the preceding sentence whether the export of such biological pathogen pursuant to the license would be contrary to the national security interests of the United States.
“(b)
Denial of License if Contrary to National Security Interest.—
A license described in subsection (a) shall be denied by the Secretary of Commerce if it is determined that the export of such biological pathogen to that country would be contrary to the national security interests of the United States.
“(c)
Identification of Countries Known or Suspected To Have a Program To Develop Offensive Biological Weapons.—
(1)
The Secretary of Defense shall determine, for the purposes of this section, those countries that are known or suspected to have a program to develop offensive biological weapons. Upon making such determination, the Secretary shall provide to the Secretary of Commerce a list of those countries.
“(2)
The Secretary of Defense shall update the list under paragraph (1) on a regular basis. Whenever a country is added to or deleted from such list, the Secretary shall notify the Secretary of Commerce.
“(3)
Determination under this subsection of countries that are known or suspected to have a program to develop offensive biological weapons shall be made in consultation with the Secretary of State and the intelligence community.
“(d)
Definition.—
For purposes of this section, the term ‘class 2, class 3, or class 4 biological pathogen’ means any biological pathogen that is characterized by the Centers for Disease Control as a class 2, class 3, or class 4 biological pathogen.”
Delegation of Functions
Functions of President under this section delegated to Secretary of State, with certain exceptions, by section 1(a) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of Title 22, Foreign Relations and Intercourse.