[House Document 104-37]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-37


 
FOLLOWUP REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO THE CONTINUED 
 PROLIFERATION OF NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS, AND THEIR 
                           MEANS OF DELIVERY

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A FOLLOWUP REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO NUCLEAR, 
  CHEMICAL, AND BIOLOGICAL WEAPONS, AND THE MEANS OF THEIR DELIVERY, 
PURSUANT TO SECTION 204 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS 
                                  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 September 29, 1994, in Executive Order No. 12930, I 
declared a national emergency under the International Emergency 
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) to deal 
with the threat to the national security, foreign policy, and 
economy of the United States posed by the continued 
proliferation of nuclear, biological, and chemical weapons, and 
their means of delivery. Specifically, this order provided 
necessary authority under the Enhanced Proliferation Control 
Initiative (EPCI), as provided in the Export Administration 
Regulations, set forth in Title 15, Chapter VII, Subchapter C, 
of the Code of Federal Regulations, Parts 768 to 799 inclusive, 
to continue to regulate the activities of United States persons 
in order to prevent their participation in activities that 
could contribute to the proliferation of weapons of mass 
destruction and their delivery means.
    I issued Executive Order No. 12930 pursuant to the 
authority vested in me as President by the Constitution and 
laws of the United States of America, including the IEEPA, the 
National Emergencies Act (NEA) (50 U.S.C. 1601 et seq.), and 
section 301 of title 3 of the United States Code. At that time, 
I also submitted a report to the Congress pursuant to section 
204(b) of the IEEPA (50 U.S.C. 1703(b)).
    Executive Order No. 12930 was revoked by Executive Order 
No. 12938 of November 14, 1994. Executive Order No. 12938 
consolidates a number of authorities and eliminated certain 
redundant authorities. All authorities contained in Executive 
Order No. 12930 were transferred to Executive Order No. 12938.
    Section 204 of the IEEPA requires follow-up reports, with 
respect to actions or changes, to be submitted every 6 months. 
Additionally, section 401(c) of the NEA requires that the 
President: (1) within 90 days after the end of each 6-month 
period following a declaration of a national emergency, report 
to the Congress on the total expenditures directly attributable 
to that declaration; or (2) within 90 days after the 
termination of an emergency, transmit a final report to the 
Congress on all expenditures. This report, covering the period 
from September 29, 1994, to November 14, 1994, is submitted in 
compliance with these requirements.
    Since the issuance of Executive Order No. 12930, the 
Department of Commerce has continued to administer and enforce 
the provisions contained in the Export Administration 
Regulations concerning activities by United States persons that 
may contribute to the proliferation of weapons of mass 
destruction and missiles. In addition, the Department of 
Commerce has conducted ongoing outreach to educate concerned 
communities regarding these restrictions. Regulated activities 
may include financing, servicing, contracting, or other 
facilitation of missile or weapons projects, and need not be 
linked to exports or reexports of U.S.-origin items. No 
applications for licenses to engage in such activities were 
received during the period covered by this report.
    No expenses directly attributable to the exercise of powers 
or authorities conferred by the declaration of a national 
emergency in Executive Order No. 12930 were incurred by the 
Federal Government in the period from September 29, 1994, to 
November 14, 1994.
                                                William J. Clinton.
    The White House, February 16, 1995.