The CBW Fentanyl Act, officially titled the Countering Beijing's Weaponization of Fentanyl Act, would amend the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 to create a new framework for sanctioning foreign countries in response to acts related to chemical or biological programs that injure other countries. The bill sets up a process for the President to determine whether a foreign official committed a “covered act” tied to a chemical or biological program, and it would trigger escalating sanctions on the foreign country most closely associated with that entity. It also expands the definition of what counts as a chemical/biological program to include fentanyl-related precursors and certain fentanyl-related chemicals. The act outlines specific initial, intermediate, and final sanctions, reporting requirements to Congress, a possible waiver, and a sunset provision after five years. In short, it creates a new, time-bound sanctions pathway tied to acts involving chemical/biological programs—explicitly including fentanyl precursors—that could affect bilateral relationships with targeted countries. Key elements include: a new section 310 establishing sanctions on countries in response to covered acts; expanded presidential reporting obligations about chemical/biological weapon acts or program acts; new definitions that include fentanyl precursors (benzylfentanyl, 4-anilinopiperidine, norfentanyl precursors); and a staged sanctions regime with potential termination or waivers, subject to Congress and national-security considerations.
Key Points
- 1New title and purpose: Opens the CBW Act to create sanctions specifically in response to acts concerning chemical or biological programs that injure other countries, with a focus on fentanyl-related precursors and chemicals (the “CBW Fentanyl Act”).
- 2Expanded definitions: Defines “chemical or biological program” to include benzylfentanyl, 4-anilinopiperidine, and norfentanyl precursors, broadening what is sanctionable beyond traditional chemical/biological weapons programs.
- 3Determination process: Requires the President to make a determination within 60 days after credible information indicates a foreign official has committed a “covered act” concerning a chemical/biological program, and to apply sanctions if a covered act is found.
- 4Sanctions framework (Section 310):
- 5- Initial sanctions within 30 days of a positive determination: suspend all scientific cooperative programs with the country, prohibit certain exports (Category 1 or 2 items under the Commerce Control List), and prohibit procurement from chemical/biological sectors of the country.
- 6- Intermediate sanctions (within 120 days): Congress gets a report on whether the country has addressed the act and complied with treaties; if not, at least two additional sanctions may be imposed (e.g., cutting foreign aid, restricting exports under EAR, or blocking certain licenses for Munitions List items).
- 7- Final sanctions (within 210 days): a comprehensive report; if not addressed, the President must prohibit any foreign transactions involving U.S. financial interests with the country; potential continuation or adjustment of sanctions based on subsequent findings.
- 8- Termination and restitution: sanctions can be terminated after one year if the country adequately addresses the act, restitution is provided, information is disclosed, and treaty obligations are met.
- 9- Waiver: the President can temporarily waive sanctions for up to 180 days, with a sunset limit of five years from enactment.
- 10Reporting obligations: The President must report to Congress on progress and compliance at specified intervals (120 days and 210 days) and provide final determinations about addressal and treaty compliance.
- 11Definitions and scope: Adds precise definitions for “covered act,” “covered treaty,” and defines a broad “foreign governmental entity” for purposes of applying sanctions.
- 12Conforming amendment: Aligns references to the relevant subsection in the 1991 act to ensure consistency with the new process.