Section 7202 of this title shall not affect any authority or requirement to impose (or continue to impose) a sanction referred to in section 7202 of this title—

1. (1) against a foreign country or foreign entity—

   1. (A) pursuant to a declaration of war against the country or entity;
   2. (B) pursuant to specific statutory authorization for the use of the Armed Forces of the United States against the country or entity;
   3. (C) against which the Armed Forces of the United States are involved in hostilities; or
   4. (D) where imminent involvement by the Armed Forces of the United States in hostilities against the country or entity is clearly indicated by the circumstances; or

2. (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any agricultural commodity, medicine, or medical device that is—

   1. (A) controlled on the United States Munitions List established under section 2778 of this title;
   2. (B) controlled on any control list established under the Export Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401 et seq.); ¹ or
   3. (C) used to facilitate the design, development, or production of chemical or biological weapons, missiles, or weapons of mass destruction.

(Pub. L. 106–387, § 1(a) [title IX, § 904], Oct. 28, 2000, 114 Stat. 1549, 1549A–68; Pub. L. 107–56, title II, § 221(a)(1), Oct. 26, 2001, 115 Stat. 292.)

Editorial Notes

References in Text

The Export Administration Act of 1979, referred to in par. (2)(B), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub.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). See the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).

Amendments

2001—Par. (2)(C). Pub. L. 107–56 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “used to facilitate the development or production of a chemical or biological weapon or weapon of mass destruction.”

¹ See References in Text note below.