[House Document 106-86]
[From the U.S. Government Publishing Office]
106th Congress, 1st Session - - - - - - - - - - - - - House Document
106-86
IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION AND THE CHEMICAL
WEAPONS CONVENTION IMPLEMENTATION ACT
__________
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF A NEW EXECUTIVE ORDER, WHICH IMPLEMENTS THE CHEMICAL
WEAPONS CONVENTION IMPLEMENTATION ACT OF 1998 AND STRENGTHENS EXECUTIVE
ORDER 12938, PURSUANT TO 50 U.S.C. 1621(a)
June 29, 1999.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
______________
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To the Congress of the United States:
On November 14, 1994, in light of the danger of the
proliferation of nuclear, biological, and chemical weapons
(weapons of mass destruction) and of the means of delivering
such weapons, using my authority under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I
issued Executive Order 12938, declaring a national emergency to
deal with this danger. Because the proliferation of weapons of
mass destruction continues to pose an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States, I have renewed the national emergency
declared in Executive Order 12938 annually, most recently on
November 12, 1998. Pursuant to section 204(b) of the
International Emergency Economic Powers Act (50 U.S.C.
1703(b)), I hereby report to the Congress that I have exercised
my statutory authority to further amend Executive Order 12938
in order to more effectively respond to the worldwide threat of
weapons of mass destruction proliferation activities.
The new executive order, which implements the Chemical
Weapons Convention Implementation Act of 1998, strengthens
Executive Order 12938 by amending section 3 to authorize the
United States to implement important provisions of the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, a multilateral agreement that serves to reduce the
threat posed by chemical weapons. Specifically, the amendment
enables the United States Government to ensure that imports
into the United States of certain chemicals from any source are
permitted in a manner consistent with the relevant provisions
of the Convention.
William J. Clinton.
The White House, June 25, 1999.
Executive Order
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Implementation of the Chemical Weapons Convention and the Chemical
Weapons Convention Implementation Act
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Chemical Weapons Convention Implementation Act of
1998 (as enacted in Division I of Public Law 105-277) (the
Act), the International Emergency Economic Powers Act (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,
and in order to facilitate implementation of the Act and the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction (the ``Convention''), it is hereby ordered as
follows:
Section 1. The Department of State shall be the United
States National Authority (the ``USNA'') for purposes of the
Act and the Convention.
Sec. 2. The USNA shall coordinate the implementation of the
provisions of the Act and the Convention with an interagency
group consisting of the Secretary of Defense, the Attorney
General, the Secretary of Commerce, the Secretary of Energy,
and the heads of such other agencies or departments, or their
designees, I may consider necessary or advisable.
Sec. 3. The Departments of State and Commerce, and other
agencies as appropriate, each shall issue, amend, or revise
regulations, orders, or directives as necessary to implement
the Act and U.S. obligations under Article VI and related
provisions of the Convention. Regulations under section 401(a)
of the Act shall be issued by the Department of Commerce by a
date specified by the USNA, which shall review and approve
these regulations, in coordination with the interagency group
designated in section 2 of this order, prior to their issuance.
Sec. 4. The Secretary of Commerce is authorized:
(a) to obtain and execute warrants pursuant to
section 305 of the Act for the purposes of conducting
inspections of facilities subject to the regulations
issued by the Department of Commerce pursuant to
section 3 of this order;
(b) to suspend or revoke export privileges pursuant
to section 211 of the Act; and
(c) to carry out all functions with respect to
proceedings under section 501(a) of the Act and to
issue regulations with respect thereto, except for
those functions that the Act specifies are to be
performed by the Secretary of State or the USNA.
Sec. 5. The Departments of State, Defense, Commerce, and
Energy, and other agencies as appropriate, are authorized to
carry out, consistent with the Act and in accordance with
subsequent directives, appropriate functions that are not
otherwise assigned in the Act and are necessary to implement
the provisions of the Convention and the Act.
Sec. 6. The Departments of State, Defense, Commerce, and
Energy, and other agencies, as appropriate, are authorized to
provide assistance to facilities not owned or operated by the
U.S. Government, or contracted for use by or for the U.S.
Government, in meeting reporting requirements and in preparing
the facilities for possible inspection pursuant to the
Convention.
Sec. 7. The USNA, in coordination with the interagency
group designated in section 2 of this order, is authorized to
determine whether disclosure of confidential business
information pursuant to section 404(c) of the Act is in the
national interest. Disclosure will not be permitted if contrary
to national security or law enforcement needs.
Sec. 8. In order to take additional steps with respect to
the proliferation of weapons of mass destruction and means of
delivering them and the national emergency described and
declared in Executive Order 12938 of November 14, 1994, as
amended by Executive Order 13094 of July 30, 1998, section 3 of
Executive Order 12938, as amended, is amended to add a new
subsection (e) to read as follows:
(e) the Secretary of Commerce shall impose and
enforce such restrictions on the importation of
chemicals into the United States as may be necessary to
carry out the requirements of the Convention on the
Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction.
Sec. 9. Any investigation emanating from a possible
violation of this order, or of any license, order, or
regulation issued pursuant to this order, involving or
revealing a possible violation of 18 U.S.C. section 229 shall
be referred to the Federal Bureau of Investigation (FBI), which
shall coordinate with the referring agency and other
appropriate agencies. The FBI shall timely notify the referring
agency and other appropriate agencies of any action it takes on
such referrals.
Sec. 10. Nothing in this order shall create any right or
benefit, substantive or procedural, enforceable by an party
against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
Sec. 11. (a) This order shall take effect at 12:01 a.m.
eastern daylight time, June 26, 1999.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
William J. Clinton.
The White House, June 25, 1999.