[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
                          ______________

                  U.S. GOVERNMENT PRINTING OFFICE
69-011                    WASHINGTON : 1999


For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512ï¿½091800  
Fax: (202) 512ï¿½092250 Mail: Stop SSOP, Washington, DC 20402ï¿½090001



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

                              ----------                              


  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.

                                  
