Fentanyl Crackdown: New Bill Expands Sanctions on Chemical Weapon Programs, Starting with 60-Day Action Deadline

The "Countering Beijing's Weaponization of Fentanyl Act," or CBW Fentanyl Act, significantly expands the President's power to sanction foreign individuals and countries involved in chemical or biological weapons programs, particularly those related to fentanyl production. It's a major overhaul of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, aiming to curb the flow of fentanyl into the US. The core purpose is to strengthen national security by targeting international actors contributing to the fentanyl crisis. (SEC. 1 & 2)

Zeroing in on Fentanyl

This bill isn't messing around. Within 60 days of it becoming law, the President must determine, based on "credible information", if any foreign individual has committed a "covered act" related to a "chemical or biological program." (SEC. 3) That's a broad definition, and it specifically includes programs related to benzylfentanyl and its precursors. (SEC. 4) Think of it like this: if there's solid evidence a foreign company or official is involved in producing or distributing chemicals used to make fentanyl, they're on the hook. The President has to consider various factors, including physical evidence and whether the program has civilian uses – but ultimately, it’s the President’s call. (SEC. 3)

Sanctions: A Three-Strike System

Once a "covered act" is determined, the sanctions roll out in stages. First, within 30 days, the country most closely associated with the individual faces immediate penalties: suspended scientific cooperation, blocked exports of certain controlled goods (Category 1 or 2 on the Commerce Control List), and a ban on procuring goods/services from their chemical or biological sectors. (SEC. 4) Imagine a Chinese chemical company implicated – this could mean US research partnerships dry up, and they can't sell specific chemicals here.

Next, at 120 days, there's a check-in. If the country hasn't taken steps to address the problem, provided information, or developed preventative measures, the President must impose at least two more sanctions. These could include cutting off foreign aid (except for humanitarian needs) and blocking exports of items controlled under the Export Control Reform Act of 2018, or even munitions. (SEC.4)

Finally, at 210 days, if the country still hasn't gotten its act together, the hammer drops: a ban on any transaction subject to US jurisdiction that involves a financial interest of that country. (SEC. 4) That’s a massive blow to their ability to do business internationally.

The Big "But": Waivers and Broad Definitions

Here's where things get tricky. The President can waive these sanctions for up to 180 days at a time if it's deemed "vital to U.S. national security interests." (SEC. 4) That's a pretty big loophole, and it expires five years after the bill's enactment. Also, the definition of "chemical or biological program" is broad, potentially encompassing activities beyond just weapons production. (SEC. 4) This, combined with the reliance on "credible information" (which isn't strictly defined), raises concerns about potential overreach or politically motivated sanctions. The bill also amends existing sections of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, streamlining the language and expanding the scope of actions that can trigger sanctions. (SEC. 2, 3, 4 & 5)

While the bill aims to protect Americans from the dangers of fentanyl, the broad powers and waiver provisions create potential for the sanctions to be applied inconsistently, or even bypassed entirely if it suits the President's agenda. The effectiveness of this bill hinges on how these powers are used – and that’s something to watch closely.