CBW Fentanyl Act (S. 63)

Countering Beijing’s Weaponization of Fentanyl Act or the CBW Fentanyl Act

This bill establishes escalating sanctions to be applied to a foreign country when certain individuals associated with its government cause harm to another country through actions related to a program to produce, develop, or distribute chemical or biological weapons or specified molecules related to fentanyl production.

Specifically, if the President determines that an official, employee, or agent of a foreign governmental entity (including a foreign government or an entity receiving significant material support from a foreign government) acts in a manner that the individual knew, or should have known, would harm another country through actions related to such a program, then the President must impose initial sanctions.

Initial sanctions include prohibiting the procurement of goods or services from persons operating in that country's chemical or biological sectors.

If the foreign governmental entity does not take corrective actions, the President must impose additional sanctions, which may include terminating certain foreign assistance to the country.

If corrective actions are still not taken, the President must prohibit transactions that (1) are subject to U.S. jurisdiction; (2) involve a financial interest of the sanctioned country; and (3) are in foreign commerce or are financial institution transfers or payments.

Within five years of enactment, the President may temporarily waive sanctions for vital national security interests. The President must terminate sanctions when certain conditions are met, including that the sanctionable conduct has been addressed.