[House Document 106-259]
[From the U.S. Government Publishing Office]
106th Congress, 2d Session - - - - - - - - - - - House Document 106-259
NATIONAL EMERGENCY REGARDING RUSSIAN FEDERATION NUCLEAR WEAPONS
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
A REPORT BLOCKING PROPERTY OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
RELATING TO THE DISPOSITION OF HIGHLY ENRICHED URANIUM EXTRACTED FROM
NUCLEAR WEAPONS, PURSUANT TO 50 U.S.C. 1703(b) 50 U.S.C. 1601
June 22, 2000.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
79-011 WASHINGTON : 2000
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency
Economic Powers Act (IEEPA), 50 U.S.C. 1703(b) and section 301
of the National Emergencies Act, 50 U.S.C. 1631, I hereby
report that I have exercised my authority to declare a national
emergency to deal with the threat posed to the United States by
the risk of nuclear proliferation created by the accumulation
in the Russian Federation of a large volume of weapons-usable
fissile material. The United States and the Russian Federation
have entered into a series of agreements that provide for the
conversion of highly enriched uranium (HEU) extracted from
Russian nuclear weapons into low enriched uranium (LEU) for use
in commercial nuclear reactors. The Russian Federation recently
suspended its performance under these agreements because of
concerns that payments due to it under these agreements may be
subject to attachment, garnishment, or other judicial process,
in the United States. Accordingly, I have issued an Executive
Order to address the unusual and extraordinary risk of nuclear
proliferation created by this situation.
A major national security goal of the United States is to
ensure that fissile material removed from Russian nuclear
weapons pursuant to various arms control and disarmament
agreements is dedicated to peaceful uses, subject to
transparency measures, and protected from diversion to
activities of proliferation concern. The United States and the
Russian Federation entered into an international agreement in
February 1993 to deal with these issues as they relate to the
disposition of HEU extracted from Russian nuclear weapons (the
``HEU Agreement''). Under the HEU Agreement, 500 metric tons of
HEU will be converted to LEU over a 20-year period. This is the
equivalent of 20,000 nuclear warheads.
Additional agreements were put in place to effectuate the
HEU Agreement, including agreements and contracts on
transparency, on the appointment of executive agents to assist
in implementing the agreements, and on the disposition of LEU
delivered to the United States (collectively, the ``HEU
Agreements''). Under the HEU Agreements, the Russian Federation
extracts HEU metal from nuclear weapons. That HEU is oxidized
and blended down to LEU in the Russian Federation. The
resulting LEU is shipped to the United States for fabrication
into fuel for commercial reactors. The United States monitors
this conversion process through the Department of Energy's
Warhead and Fissile Material Transparency Program.
The HEU Agreements provide for the Russian Federation to
receive money and uranium hexafluoride in payment for each
shipment of LEU converted from the Russian nuclear weapons. The
money and uranium hexafluoride are transferred to the Russian
Federation executive agent in the United States.
The Russian Federation recently suspended its performance
under the HEU Agreements because of concerns over possible
attachment, garnishment, or other judicial process with respect
to the payments due to it as a result of litigation currently
pending against the Russian Federation. In response to this
concern, the Minister of Atomic Energy of the Russian
Federation, Minister Adamov, notified Secretary Richardson on
May 5, 2000, of the decision of the Russian Federation to halt
shipment of LEU pending resolution of this problem. This
suspension presents an unusual and extraordinary threat to U.S.
national security goals due to the risk of nuclear
proliferation caused by the accumulation of weapons-usable
fissile material in the Russian Federation.
The executive branch and the Congress have previously
recognized and continue to recognize the threat posed to the
United States national security from the risk of nuclear
proliferation created by the accumulation of weapons-
usablefissile material in the Russian Federation. This threat is the
basis for significant programs aimed at Cooperative Threat Reduction
and at controlling excess fissile material. The HEU Agreements are
essential tools to accomplish these overall national security goals.
Congress demonstrated support for these agreements when it authorized
the purchase of Russian uranium in 1998, Public Law 105-277, and also
enacted legislation to enable Russian uranium to be sold in this
country pursuant to the USEC Privatization Act, 42 U.S.C. 2297h-10.
Payments made to the Russian Federation pursuant to the HEU
Agreements are integral to the operation of this key national
security program. Uncertainty surrounding litigation involving
these payments could lead to a long-term suspension of the HEU
Agreements, which creates the risk of nuclear proliferation.
This is an unacceptable threat to the national security and
foreign policy of the United States.
Accordingly, I have concluded that all property and
interests in property of the government of the Russian
Federation directly related to the implementation of the HEU
Agreements should be protected from the threat of attachment,
garnishment, or other judicial process. I have, therefore,
exercised my authority and issued an Executive Order that
provides:
except to the extent provided in
regulations, orders, directives, or licenses that may
be issued pursuant to the order, all property and
interests in property of the Government of the Russian
Federation directly related to the implementation of
the HEU Agreements that are in the United States, that
hereafter come within the United States, or hereafter
come within the possession or control of United States
person, including their overseas branches, are blocked
and may not be transferred, paid, exported, withdrawn,
or otherwise dealt in;
unless licensed or authorized pursuant to
the order, any attachment, judgment, decree, lien,
execution, garnishment, or other judicial process is
null and void with respect to any property or interest
in property blocked pursuant to the order; and
that all heads of departments and agencies
of the United States Government shall continue to take
all appropriate measures within their authority to
further the full implementation of the HEU Agreements.
The effect of this Executive Order is limited to property
that is directly related to the implementation of the HEU
Agreements. Such property will be clearly defined by the
regulations, orders, directives, or licenses that will be
issued pursuant to this Executive Order.
I am enclosing a copy of the Executive Order I have issued.
The order is effective at 12:01 a.m. eastern daylight time on
June 22, 2000.
William J. Clinton.
The White House, June 21, 2000.
Executive Order
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Blocking Property of the Government of the Russian Federation Relating
to the Disposition of Highly Enriched Uranium Extracted From Nuclear
Weapons
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act
(IEEPA) (50 U.S.C. 1701 et seq.), the National Emergencies Act
(50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code.
I, WILLIAM J. CLINTON, President of the United States of
America, in view of the policies underlying Executive Order
12938 of November 14, 1994, and Executive Order 13085 of May
26, 1998, find that the risk of nuclear proliferation created
by the accumulation of a large volume of weapons-usable fissile
material in the territory of the Russian Federation constitutes
an unusual and Extraordinary threat to the national security
and foreign policy of the United States, and hereby declare a
national emergency to deal with that threat.
I hereby order:
Section 1. A major national security goal of the United
States is to ensure that fissile material removed from Russian
nuclear weapons pursuant to various arms control and
disarmament agreements is dedicated to peaceful uses, subject
to transparency measures, and protected from diversion to
activities of proliferation concern. As reflected in executive
Order 13085, the full implementation of the Agreement Between
the Government of the United States of America and the
Government of the Russian Federation Concerning the Disposition
of Highly Enriched Uranium Extracted from Nuclear Weapons,
dated February 18, 1993, and related contracts and agreements
(collectively, the ``HEU Agreements'') is essential to the
attainment of this goal. The HEU Agreements provide for the
conversion of approximately 500 metric tons of highly enriched
uranium contained in Russian nuclear weapons into low-enriched
uranium for use as fuel in commercial nuclear reactors. In
furtherance of our national security goals, all heads of
departments and agencies of the United States Government shall
continue to take all appropriate measures within their
authority to further the full implementation of the HEU
Agreements.
Sec. 2. Government of the Russian Federation assets
directly related to the implementation of the HEU Agreements
currently may be subject to attachment, judgment, decree, lien,
execution, garnishment, or other judicial process, thereby
jeopardizing the full implementation of the HEU Agreements to
the detriment of U.S. foreign policy. In order to ensure the
preservation and proper and complete transfer to the Government
of the Russian Federation of all payments due to it under the
HEU Agreements, and except to the extent provided in
regulations, orders, directives, or licenses that may hereafter
be issued pursuant to this order, all property and interests in
property of the Government of the Russian Federation directly
related to the implementation of the HEU Agreements that are in
the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of United States persons, including their overseas,
branches, are hereby blocked and may not be transferred, paid
exported, withdrawn, or otherwise dealt in. Unless licensed or
authorized pursuant to this order, any attachment, judgment,
decree, lien, execution, garnishment, or other judicial process
is null and void with respect to any property or interest in
property blocked pursuant to this order.
Sec. 3. For the purposes of this order: (a) The term
``person'' means an individual or entity;
(b) The term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization;
(c) The term ``United States person'' means any United
States Citizen; permanent resident alien; juridical person
organized under the laws of the United States or any
jurisdiction within the United States, including foreign
branches; or any person in the United States; and
(d) The term ``Government of the Russian Federation'' means
the Government of the Russian Federation, any political
subdivision, agency, or instrumentality thereof, and any person
owned or controlled by, or acting for or on behalf of, the
Government of the Russian Federation.
Sec. 4. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, the Secretary of Energy, and, as
appropriate, other agencies, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers to me by IEEPA, as may be necessary to
carry out the purposes of this order. The Secretary of the
Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All
agencies of the United States Government are hereby directed to
take all appropriate measures within their statutory authority
to carry out the provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
from any department of agency of the United States Government
in compliance with applicable laws and regulations subject to
the jurisdiction of the department or agency.
Sec. 5. This order is not intended to create, nor does it
create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 22, 2000.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
William J. Clinton.
The White House, June 21, 2000.