[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Page 14729]
[From the U.S. Government Publishing Office, www.gpo.gov]




    EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH RESPECT TO THE 
 NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 12938 OF NOVEMBER 14, 
1994, AMENDING EXECUTIVE ORDER 12938 AND EXECUTIVE ORDER 13094 OF JULY 
     28, 1998, BY BLOCKING PROPERTY OF WEAPONS OF MASS DESTRUCTION 
               PROLIFERATORS AND THEIR SUPPORTERS--PM 16

  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 the International Emergency Economic Powers Act, 50 
U.S.C. 1701 et seq. (IEEPA), I hereby report that I have issued an 
Executive Order that takes additional steps with respect to the 
national emergency declared in Executive Order 12938 of November 14, 
1994, regarding the proliferation of weapons of mass destruction (WMD) 
and the means of delivering them, and the measures imposed by that 
order, as expanded by Executive Order 13094 of July 28, 1998.
  This order is designed to combat WMD trafficking by blocking the 
property of persons that engage in proliferation activities and their 
support networks. It is intended to advance international cooperative 
efforts against WMD financing, including with our G-8 partners and 
through the Proliferation Security Initiative. This order also provides 
a model for other nations to follow in adopting laws to stem the flow 
of financial and other support for proliferation activities, as decided 
in United Nations Security Council Resolution 1540. It further 
implements a key recommendation of the Silberman-Robb WMD Commission.
  Executive Order 12938, as amended, authorizes the Secretary of State 
to impose certain measures against foreign persons (individuals or 
entities) determined to have materially contributed to the 
proliferation efforts of any foreign country, project, or entity of 
proliferation concern. The measures that the Secretary of State may 
choose to impose under Executive Order 12938, as amended, are a ban on 
U.S. Government procurement from the designated foreign person; a ban 
on U.S. Government assistance to the designated foreign person; and a 
ban on imports from the designated foreign person.
  Recognizing the need for additional tools to defeat the proliferation 
of WMD, I have signed the new order, which authorizes the imposition of 
a new measure--blocking--against WMD proliferators and their support 
networks. This action, sometimes referred to as freezing, will apply to 
property and interests in property of persons designated under the 
order and will deny such persons access to the U.S. financial and 
commercial systems. Modeled after Executive Order 13224 of September 
23, 2001, the new order provides broad new authorities to target not 
only persons engaged in proliferation activities, but also those 
providing support or services to such proliferators.
  In particular, the order blocks the property and interests in 
property in the United States, or in the possession or control of 
United States persons, of (1) the persons listed in the Annex to the 
order; (2) any foreign person determined by the Secretary of State, in 
consultation with the Secretary of the Treasury, the Attorney General, 
and other relevant agencies, to have engaged, or attempted to engage, 
in activities or transactions that have materially contributed to, or 
pose a risk of materially contributing to, the proliferation of WMD or 
their means of delivery (including missiles capable of delivering such 
weapons) by any person or foreign country of proliferation concern; (3) 
any person determined by the Secretary of the Treasury, in consultation 
with the Secretary of State, the Attorney General, and other relevant 
agencies, to have provided, or attempted to provide, financial, 
material, technological, or other support for, or goods or services in 
support of, proliferation-related activities or any person blocked 
pursuant to the order; and (4) any person determined by the Secretary 
of the Treasury, in consultation with the Secretary of State, the 
Attorney General, and other relevant agencies, to be owned or 
controlled by, or acting or purporting to act for or on behalf of, 
directly or indirectly, any blocked person.
  In addition, the order amends section 4(a) of Executive Order 12938, 
as amended, by conforming the criteria for determining that a foreign 
person has engaged in activity described in that order to the criteria 
for designations by the Secretary of State set forth in section 
1(a)(ii) of the new order. Executive Order 12938, as amended, will 
continue to be an important tool to combat WMD proliferation.
  Actions taken under the order become effective on June 29, 2005. The 
new order recognizes the need for more robust tools to defeat the 
proliferation of WMD around the world. The steps that we are 
undertaking in this new order form yet another part of our evolving 
response to this challenge.
                                                      George W. Bush.  
The White House, June 28, 2005.

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