[House Document 104-36]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-36


 
      FINAL REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO THE 
            PROLIFERATION OF CHEMICAL AND BIOLOGICAL WEAPONS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

 A FINAL REPORT CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO THE 
 PROLIFERATION OF CHEMICAL AND BIOLOGICAL WEAPONS, PURSUANT TO SECTION 
  204 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT AND SECTION 
                 401(c) OF THE NATIONAL EMERGENCIES ACT




February 16, 1995.--Message referred to the Committee on International 
                  Relations and ordered to be printed
To the Congress of the United States:
    On November 16, 1990, in light of the dangers of the 
proliferation of chemical and biological weapons, President 
Bush issued Executive Order No. 12735, and declared a national 
emergency under the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.). Under section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)), the national emergency 
terminates on the anniversary date of its declaration unless 
the President publishes in the Federal Register and transmits 
to the Congress a notice of its continuation.
    On November 14, 1994, I issued Executive Order No. 12938, 
which revoked and superseded Executive Order No. 12735. As I 
described in the report transmitting Executive Order No. 12938, 
the new Executive order consolidates the functions of Executive 
Order No. 12735, which declared a national emergency with 
respect to the proliferation of chemical and biological 
weapons, and Executive Order No. 12930, which declared a 
national emergency with respect to nuclear, biological, and 
chemical weapons, and their means of delivery. The new 
Executive order continued in effect any rules, regulations, 
orders, licenses, or other forms of administrative action taken 
under the authority of Executive Order No. 12735. This is the 
final report with respect to Executive Order No. 12735.
    This report is made pursuant to section 204 of the 
International Emergency Economic Powers Act and section 401(c) 
of the National Emergencies Act regarding activities taken and 
money spent pursuant to the emergency declaration. Additional 
information on chemical and biological weapons proliferation is 
contained in the annual report to the Congress provided 
pursuant to the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991.
    The three export control regulations issued under the 
Enhanced Proliferation Control Initiative are fully in force 
and continue to be used to control the export of items with 
potential use in chemical or biological weapons (CBW) or 
unmanned delivery systems for weapons of mass destruction.
    During the final 6 months of Executive Order No. 12735, the 
United States continued to address actively in its 
international diplomatic efforts the problem of the 
proliferation and use of CBW.
    At the termination of Executive Order No. 12735, 158 
nations had signed the Chemical Weapons Convention (CWC) and 16 
had ratified it. On November 23, 1993, I submitted the CWC to 
the Senate for its advice and consent to ratification. The 
United States continues to press for prompt ratification of the 
Convention to enable its entry into force as soon as possible. 
We also continue to urge those countries that have not signed 
the Convention to do so. The United States has remained 
actively engaged in the work of the CWC Preparatory Commission 
headquarters in The Hague, to elaborate the technical and 
administrative procedures for implementing the Convention.
    The United States was an active participant in the Special 
Conference of States Parties, held September 19-30, 1994, to 
review the consensus final report of the Ad Hoc Group of 
experts mandated by the Third Biological Weapons Convention 
(BWC) Review conference. The Special Conference produced a 
mandate to establish an Ad Hoc Group whose objective is to 
develop a legally binding instrument to strengthen the 
effectiveness and improve the implementation of the BWC. The 
United States strongly supports the development of a legally 
binding protocol to strengthen the Convention.
    The United States maintained its active participation in 
the Australia Group (AG), which welcomed the Czech Republic, 
Poland, and Slovakia as the 26th, 27th, and 28th AG members, 
respectively. The Group reaffirmed members' collective belief 
that full adherence to the CWC and the BWC provides the only 
means to achieve a permanent global ban on CBW, and that all 
states adhering to these conventions have an obligation to 
ensure that their national activities support these goals.
    The AG also reiterated its conviction that harmonized AG 
export licensing measures are consistent with and indeed 
actively support, the requirement under Article I of the CWC 
that States Parties never assist, in any way, the manufacture 
of chemical weapons. These measures also are consistent with 
the undertaking in Article XI of the CWC to facilitate the 
fullest possible exchange of chemical materials and related 
information for purposes not prohibited by the Convention, as 
they focus solely on preventing assistance to activities banned 
under the CWC. Similarly, such efforts also support existing 
nonproliferation obligations under the BWC.
    The United States Government determined that one foreign 
individual and two foreign commercial entities--respectively, 
Nahum Manbar, and Mana International Investments and Europol 
Holding Ltd.--had engaged in chemical weapons proliferation 
activities that required the imposition of trade sanctions 
against them, effective on July 16, 1994. A separate 
determination was made and sanctions imposed against Alberto di 
Salle, an Italian national, effective on August 19, 1994. 
Additional information on these determinations will be 
contained in a classified report to the Congress, provided 
pursuant to the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991.
    Pursuant to section 401(c) of the National Emergencies Act, 
I report that there were no expenses directly attributable to 
the exercise of authorities conferred by the declaration of the 
national emergency in Executive Order No. 12735 during the 
period from November 16, 1990, through November 14, 1994.

                                                William J. Clinton.
    The White House, February 16, 1995.