[House Document 104-76]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-76


 
     STATUS REPORT OF PROLIFERATION OF CHEMICAL AND BIOLOGICAL WEAPONS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A REPORT REGARDING ACTIVITIES TAKEN AND MONEY SPENT PURSUANT TO THE 
  EMERGENCY DECLARATION, PURSUANT TO SECTION 204 OF THE INTERNATIONAL 
   EMERGENCY ECONOMIC POWERS ACT AND SECTION 401(c) OF THE NATIONAL 
                            EMERGENCIES ACT




   May 18, 1995.--Message referred to the Committee on International 
                  Relations and ordered to be printed
To the Congress of the United States:
    On November 14, 1994, in light of the dangers of the 
proliferation of nuclear, biological, and chemical weapons and 
their means of delivery (``weapons of mass destruction''), I 
issued Executive Order No. 12938 and declared a national 
emergency under the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.).
    As I described in the report transmitting Executive Order 
No. 12938, the new Executive order consolidated the functions 
of and revoked Executive Order No. 12735 of November 16, 1990, 
which declared a national emergency with respect to the 
proliferation of chemical and biological weapons, and Executive 
Order No. 12930 of September 29, 1994, which declared a 
national emergency with respect to nuclear, biological, and 
chemical weapons, and their means of delivery. The new 
Executive order also expanded certain existing authorities in 
order to strengthen the U.S. ability to respond to 
proliferation problems.
    The following 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 nuclear, missile, and/or chemical and biological 
weapons (CBW) nonproliferation efforts is contained in the 
annual report on the proliferation of missiles and essential 
components of nuclear, biological, and chemical weapons, 
provided to the Congress pursuant to section 1097 of the 
National Defense Authorization Act for Fiscal years 1992 and 
1993 (Public Law 102-190), also known and the 
``Nonproliferation Report,'' and the annual report provided to 
the Congress pursuant to section 308 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 
(Public Law 102-182).
    The three export control regulations issued under the 
Enhanced Proliferation Control Initiative (EPCI) are fully in 
force and continue to be used to control the export of items 
with potential use in chemical or biological weapons or 
unmanned delivery systems for weapons of mass destruction.
    In the 6 months since I issued Executive Order No. 12938, 
the number of countries that have ratified the Chemical Weapons 
Convention (CWC) has reached 27 (out of 159 signatory 
countries). I am urging the Senate to give its advice and 
consent to ratification as soon as possible. The CWC is a 
critical element of U.S. nonproliferation policy that will 
significantly enhance our security and that of our friends and 
allies. I believe that U.S. ratification will help to encourage 
the ratification process in other countries and, ultimately, 
the CWC's entry into force.
    The United States actively participates in the CWC 
Preparatory Commission in The Hague, the deliberative body 
drafting administrative and implementing procedures for the 
CWC. Last month, this body accepted the U.S. offer of an 
information management system for the future Organization for 
the Prohibition of Chemical Weapons that will implement the 
CWC. The United States also is playing a leading role in 
developing a training program for international inspectors.
    The United States strongly supports international efforts 
to strengthen the 1972 Biological and Toxin Weapons Convention 
(BWC). In January 1995, the Ad Hoc Group mandated by the 
September 1994 BWC Special Conference to draft a legally 
binding instrument to strengthen the effectiveness and improve 
the implementation of the BWC held its first meeting. The Group 
agreed on a program of work and schedule of substantive 
meetings, the first of which will occur in July 1995. The 
United States is pressing for completion of the Ad Hoc Group's 
work and consideration of the legally binding instrument by the 
next BWC Review Conference in 1996.
    The United States maintained its active participation in 
the 29-member Australia Group (AG), which now includes the 
Czech Republic, Poland, Slovakia, and Romania. The AG 
reaffirmed in December the members' collective belief that full 
adherence to the CWC and the BCW 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 three foreign 
nationals (Luciano Moscatelli, Manfred Felber, and Gerahard 
Merz) had engaged in chemical weapons proliferation activities 
that required the imposition of sanctions against them, 
effective on November 19, 1994. Similar determinations were 
made against three foreign companies (Asian Ways Limited, 
Mainway International, and Worldco) effective on February 18, 
1995, and imposed sanctions against them. Additional 
information on these determinations is contained in a 
classified report to the Congress, provided pursuant to the 
Chemical and Biological Weapons Control and Warfare Elimination 
Act of 1991. The United States Government continues to monitor 
closely activities that may be subject to CBW sanctions 
provisions.
    The United States continued to control vigilantly U.S. 
exports that could make a contribution to unmanned delivery 
systems for weapons of mass destruction, exercising restraint 
in considering all such transfers consistent with the 
Guidelines of the Missile Technology Control Regime (MTCR). The 
MTCR Partners shared information not only with each other but 
with other possible supplier, consumer, and transshipment 
states about proliferation problems and also stressed the 
importance of implementing effective export control systems.
    The United States initiated unilateral efforts and 
coordinated with MTCR Partners in multilateral efforts, aimed 
at combatting missile proliferation by nonmembers and at 
encouraging nonmembers to adopt responsible export behavior and 
to adhere to the MTCR Guidelines. On October 4, 1994, the 
United States and China signed a Joint Statement on Missile 
Nonproliferation in which China reiterated its 1992 commitment 
to the MTCR Guidelines and agreed to ban the export of ground-
to-ground MTCR-class missiles. In 1995, the United States met 
bilaterally with Ukraine in January, and with Russia in April, 
to discuss missile nonproliferation and the implementation of 
the MTCR Guidelines. In May 1995, the United States will 
particiapte with other MTCR Partners in a regime approach to 
Ukraine to discuss missile nonproliferation and to share 
information about the MTCR.
    The United States actively encouraged its MTCR Partners and 
fellow AG participants to adopt ``catch-all'' provisions, 
similar to that of the United States and EPCI, for items not 
subject to specific export controls. Austria, Germany, Norway, 
and the United Kingdom actually have such provisions in place. 
The European Union (EU) issued a directive in 1994 calling on 
member countries to adopt ``catch-all controls. These controls 
will be implemented July 1, 1995. In line with the 
harmonization move, several countries, including European 
States that are not actually members of the EU, have adopted or 
are considering putting similar provisions in place.
    The United States has continued to pursue this 
Administration's nuclear nonproliferation goals. More than 170 
nations joined in the indefinite, unconditional extension of 
the Nuclear Non-Proliferation Treaty (NPT) on May 11, 1995. 
This historic decision strengthens the security of all 
countries, nuclear weapons states and nonweapons states alike.
    South Africa joined the Nuclear Suppliers Group (NSG), 
increasing NSG membership to 31 countries. The NSG held a 
plenary in Helsinki, April 5-7, 1995, which focused on 
membership issues and the NSG's relationship to the NPT 
Conference. A separate, dual-use consultation meeting agreed 
upon 32 changes to the dual-use list.
    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. 12938 during the 
period from November 14, 1994, through May 14, 1995.

                                                William J. Clinton.
    The White House, May 18, 1995.