[Congressional Record Volume 140, Number 118 (Friday, August 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
REPORT ON CONTINUATION OF EXPORT CONTROL REGULATIONS--MESSAGE FROM THE 
                           PRESIDENT--PM 142

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs.

To the Congress of the United States:
  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 today exercised the authority granted by this Act to continue in 
effect the system of controls contained in 15 C.F.R., Parts 768-799, 
including restrictions on participation by U.S. persons in certain 
foreign boycott activities, which heretofore have been maintained under 
the authority of the Export Administration Act of 1979, as amended, 50 
U.S.C. App. 2401 et seq. In addition, I have made provision for the 
administration of section 38(e) of the Arms Export Control Act, 22 
U.S.C. 2778(e).
  The exercise of this authority is necessitated by the expiration of 
the Export Administration Act on August 20, 1994, and the lapse that 
would result in the system of controls maintained under that Act.
  In the absence of controls, foreign parties would have unrestricted 
access to U.S. commercial products, technology, technical data, and 
assistance, posing an unusual and extraordinary threat to national 
security, foreign policy, and economic objectives critical to the 
United States. In addition, U.S. persons would not be prohibited from 
complying with certain foreign boycott requests. This would seriously 
harm our foreign policy interests, particularly in the Middle East.
  Controls established in 15 C.F.R. 768-799, and continued by this 
action, include the following:
  --National security export controls aimed at restricting the export 
    of goods and technologies, which would make a significant 
    contribution to the military potential of certain other countries 
    and which would prove detrimental to the national security of the 
    United States.
  --Foreign policy controls that further the foreign policy objectives 
    of the United States or its declared international obligations in 
    such widely recognized areas as human rights, antiterrorism, 
    regional stability, missile technology nonproliferation, and 
    chemical and biological weapons nonproliferation.
  --Nuclear nonproliferation controls that are maintained for both 
    national security and foreign policy reasons, and which support the 
    objectives of Nuclear Nonproliferation Act.
  --Short supply controls that protect domestic supplies, and 
    antiboycott regulations that prohibit compliance with foreign 
    boycotts aimed at countries friendly to the United States.
  Consequently, I have issued an Executive order (a copy of which is 
attached) to continue in effect all rules and regulations issued or 
continued in effect by the Secretary of Commerce under the authority of 
the Export Administration Act of 1979, as amended, and all orders, 
regulations, licenses, and other forms of administrative actions under 
the Act, except where they are inconsistent with sections 203(b) and 
206 of the International Emergency Economic Powers Act (IEEPA). In this 
Executive order I have also revoked the previous Executive Order No. 
12923 of June 30, 1994, invoking IEEPA authority for the prior lapse of 
the Export Administration Act of 1979, as amended, extended on July 5, 
1994, by Public Law 103-277.
  The Congress and the Executive have not permitted export controls to 
lapse since they were enacted under the Export Control Act of 1949. Any 
termination of controls could permit transactions to occur that would 
be seriously detrimental to the national interests we have heretofore 
sought to protect through export controls and restrictions on 
compliance by U.S. persons with certain foreign boycotts. I believe 
that even a temporary lapse in this system of controls would seriously 
damage our national security, foreign policy, and economic interests 
and undermine our credibility in meeting our international obligations.
  The countries affected by this action vary depending on the 
objectives sought to be achieved by the system of controls instituted 
under the Export Administration Act. Potential adversaries may seek to 
acquire sensitive U.S. goods and technologies. Other countries serve as 
conduits for the diversion of such items. Still other countries have 
policies that are contrary to U.S. foreign policy or nonproliferation 
objectives, or foster boycotts against friendly countries. For some 
goods or technologies, controls could apply even to our closest allies 
in order to safeguard against diversion to potential adversaries.
                                                  William J. Clinton.  
  The White House, August 19, 1994.

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