[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28487]


[[Page Unknown]]

[Federal Register: November 16, 1994]


  
  
Federal Register
Vol. 59, No. 220
Wednesday, November 16, 1994

____________________________________________________________________

Title 3--
The President
                Executive Order 12938 of November 14, 1994

 

Proliferation of Weapons of Mass Destruction

                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 (50 U.S.C. 1701 et seq.), the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), the Arms 
                Export Control Act, as amended (22 U.S.C. 2751 et 
                seq.), Executive Orders Nos. 12851 and 12924, and 
                section 301 of title 3, United States Code,

                I, WILLIAM J. CLINTON, President of the United States 
                of America, find that the proliferation of nuclear, 
                biological, and chemical weapons (``weapons of mass 
                destruction'') and of the means of delivering such 
                weapons, constitutes an unusual and extraordinary 
                threat to the national security, foreign policy, and 
                economy of the United States, and hereby declare a 
                national emergency to deal with that threat.

                Accordingly, I hereby order:

                Section 1. International Negotiations. It is the policy 
                of the United States to lead and seek multilaterally 
                coordinated efforts with other countries to control the 
                proliferation of weapons of mass destruction and the 
                means of delivering such weapons. Accordingly, the 
                Secretary of State shall cooperate in and lead 
                multilateral efforts to stop the proliferation of 
                weapons of mass destruction and their means of 
                delivery.

                Sec. 2. Imposition of Controls. As provided herein, the 
                Secretary of State and the Secretary of Commerce shall 
                use their respective authorities, including the Arms 
                Export Control Act and the International Emergency 
                Economic Powers Act, to control any exports, to the 
                extent they are not already controlled by the 
                Department of Energy and the Nuclear Regulatory 
                Commission, that either Secretary determines would 
                assist a country in acquiring the capability to 
                develop, produce, stockpile, deliver, or use weapons of 
                mass destruction or their means of delivery. The 
                Secretary of State shall pursue early negotiations with 
                foreign governments to adopt effective measures 
                comparable to those imposed under this order.

                Sec. 3. Department of Commerce Controls. (a) The 
                Secretary of Commerce shall prohibit the export of any 
                goods, technology, or services subject to the 
                Secretary's export jurisdiction that the Secretary of 
                Commerce determines, in consultation with the Secretary 
                of State, the Secretary of Defense, and other 
                appropriate officials, would assist a foreign country 
                in acquiring the capability to develop, produce, 
                stockpile, deliver, or use weapons of mass destruction 
                or their means of delivery. The Secretary of State 
                shall pursue early negotiations with foreign 
                governments to adopt effective measures comparable to 
                those imposed under this section.

                (b) Subsection (a) of this section will not apply to 
                exports relating to a particular category of weapons of 
                mass destruction (i.e., nuclear, chemical, or 
                biological weapons) if their destination is a country 
                with whose government the United States has entered 
                into a bilateral or multilateral arrangement for the 
                control of that category of weapons of mass 
                destruction-related goods (including delivery systems) 
                and technology, or maintains domestic export controls 
                comparable to controls that are imposed by the United 
                States with respect to that category of goods and 
                technology, or that are otherwise deemed adequate by 
                the Secretary of State.

                (c) The Secretary of Commerce shall require validated 
                licenses to implement this order and shall coordinate 
                any license applications with the Secretary of State 
                and the Secretary of Defense.

                (d) The Secretary of Commerce, in consultation with the 
                Secretary of State, shall take such actions, including 
                the promulgation of rules, regulations, and amendments 
                thereto, as may be necessary to continue to regulate 
                the activities of United States persons in order to 
                prevent their participation in activities that could 
                contribute to the proliferation of weapons of mass 
                destruction or their means of delivery, as provided in 
                the Export Administration Regulations, set forth in 
                Title 15, Chapter VII, Subchapter C, of the Code of 
                Federal Regulations, Parts 768 to 799 inclusive.

                Sec. 4. Sanctions Against Foreign Persons. (a) In 
                addition to the sanctions imposed on foreign persons as 
                provided in the National Defense Authorization Act for 
                Fiscal Year 1991 and the Chemical and Biological 
                Weapons Control and Warfare Elimination Act of 1991, 
                sanctions also shall be imposed on a foreign person 
                with respect to chemical and biological weapons 
                proliferation if the Secretary of State determines that 
                the foreign person on or after the effective date of 
                this order or its predecessor, Executive Order No. 
                12735 of November 16, 1990, knowingly and materially 
                contributed to the efforts of any foreign country, 
                project, or entity to use, develop, produce, stockpile, 
                or otherwise acquire chemical or biological weapons.

                (b) No department or agency of the United States 
                Government may procure, or enter into any contract for 
                the procurement of, any goods or services from any 
                foreign person described in subsection (a) of this 
                section. The Secretary of the Treasury shall prohibit 
                the importation into the United States of products 
                produced by that foreign person.

                (c) Sanctions pursuant to this section may be 
                terminated or not imposed against foreign persons if 
                the Secretary of State determines that there is 
                reliable evidence that the foreign person concerned has 
                ceased all activities referred to in subsection (a).

                (d) The Secretary of State and the Secretary of the 
                Treasury may provide appropriate exemptions for 
                procurement contracts necessary to meet U.S. 
                operational military requirements or requirements under 
                defense production agreements, sole source suppliers, 
                spare parts, components, routine servicing and 
                maintenance of products, and medical and humanitarian 
                items. They may provide exemptions for contracts in 
                existence on the date of this order under appropriate 
                circumstances.

                Sec. 5. Sanctions Against Foreign Countries. (a) In 
                addition to the sanctions imposed on foreign countries 
                as provided in the Chemical and Biological Weapons 
                Control and Warfare Elimination Act of 1991, sanctions 
                also shall be imposed on a foreign country as specified 
                in subsection (b) of this section, if the Secretary of 
                State determines that the foreign country has, on or 
                after the effective date of this order or its 
                predecessor, Executive Order No. 12735 of November 16, 
                1990, (1) used chemical or biological weapons in 
                violation of international law; (2) made substantial 
                preparations to use chemical or biological weapons in 
                violation of international law; or (3) developed, 
                produced, stockpiled, or otherwise acquired chemical or 
                biological weapons in violation of international law.

                (b) The following sanctions shall be imposed on any 
                foreign country identified in subsection (a)(1) of this 
                section unless the Secretary of State determines, on 
                grounds of significant foreign policy or national 
                security, that any individual sanction should not be 
                applied. The sanctions specified in this section may be 
                made applicable to the countries identified in 
                subsections (a)(2) or (a)(3) when the Secretary of 
                State determines that such action will further the 
                objectives of this order pertaining to proliferation. 
                The sanctions specified in subsection (b)(2) below 
                shall be imposed with the concurrence of the Secretary 
                of the Treasury.

                (1) Foreign Assistance. No assistance shall be provided 
                to that country under the Foreign Assistance Act of 
                1961, or any successor act, or the Arms Export Control 
                Act, other than assistance that is intended to benefit 
                the people of that country directly and that is not 
                channeled through governmental agencies or entities of 
                that country.

                (2) Multilateral Development Bank Assistance. The 
                United States shall oppose any loan or financial or 
                technical assistance to that country by international 
                financial institutions in accordance with section 701 
                of the International Financial Institutions Act (22 
                U.S.C. 262d).

                (3) Denial of Credit or Other Financial Assistance. The 
                United States shall deny to that country any credit or 
                financial assistance by any department, agency, or 
                instrumentality of the United States Government.

                (4) Prohibition of Arms Sales. The United States 
                Government shall not, under the Arms Export Control 
                Act, sell to that country any defense articles or 
                defense services or issue any license for the export of 
                items on the United States Munitions List.

                (5) Exports of National Security-Sensitive Goods and 
                Technology. No exports shall be permitted of any goods 
                or technologies controlled for national security 
                reasons under the Export Administration Regulations.

                (6) Further Export Restrictions. The Secretary of 
                Commerce shall prohibit or otherwise substantially 
                restrict exports to that country of goods, technology, 
                and services (excluding agricultural commodities and 
                products otherwise subject to control).

                (7) Import Restrictions. Restrictions shall be imposed 
                on the importation into the United States of articles 
                (that may include petroleum or any petroleum product) 
                that are the growth, product, or manufacture of that 
                country.

                (8) Landing Rights. At the earliest practicable date, 
                the Secretary of State shall terminate, in a manner 
                consistent with international law, the authority of any 
                air carrier that is controlled in fact by the 
                government of that country to engage in air 
                transportation (as defined in section 101(10) of the 
                Federal Aviation Act of 1958 (49 U.S.C. App. 1301(10)).

                Sec. 6. Duration. Any sanctions imposed pursuant to 
                sections 4 or 5 of this order shall remain in force 
                until the Secretary of State determines that lifting 
                any sanction is in the foreign policy or national 
                security interests of the United States or, as to 
                sanctions under section 4 of this order, until the 
                Secretary has made the determination under section 
                4(c).

                Sec. 7. Implementation. The Secretary of State, the 
                Secretary of the Treasury, and the Secretary of 
                Commerce are hereby authorized and directed to take 
                such actions, including the promulgation of rules and 
                regulations, as may be necessary to carry out the 
                purposes of this order. These actions, and in 
                particular those in sections 4 and 5 of this order, 
                shall be made in consultation with the Secretary of 
                Defense and, as appropriate, other agency heads and 
                shall be implemented in accordance with procedures 
                established pursuant to Executive Order No. 12851. The 
                Secretary concerned may redelegate any of these 
                functions to other officers in agencies of the Federal 
                Government. All heads of departments and agencies of 
                the United States Government are directed to take all 
                appropriate measures within their authority to carry 
                out the provisions of this order, including the 
                suspension or termination of licenses or other 
                authorizations.

                Sec. 8. Preservation of Authorities. Nothing in this 
                order is intended to affect the continued effectiveness 
                of any rules, regulations, orders, licenses, or other 
                forms of administrative action issued, taken, or 
                continued in effect heretofore or hereafter under the 
                authority of the International Economic Emergency 
                Powers Act, the Export Administration Act, the Arms 
                Export Control Act, the Nuclear Non-proliferation Act, 
                Executive Order No. 12730 of September 30, 1990, 
                Executive Order No. 12735 of November 16, 1990, 
                Executive Order No. 12924 of August 18, 1994, and 
                Executive Order No. 12930 of September 29, 1994.

                Sec. 9. Judicial Review. This order is not intended to 
                create, nor does it create, any right or benefit, 
                substantive or procedural, enforceable at law by a 
                party against the United States, its agencies, 
                officers, or any other person.

                Sec. 10. Revocation of Executive Orders Nos. 12735 and 
                12930. Executive Order No. 12735 of November 16, 1990, 
                and Executive Order No. 12930 of September 29, 1994, 
                are hereby revoked.

                Sec. 11. Effective Date. This order is effective 
                immediately.

                This order shall be transmitted to the Congress and 
                published in the Federal Register.


                    (Presidential Sig.) >


                THE WHITE HOUSE,

                    November 14, 1994.

[FR Doc. 94-28487
Filed 11-14-94; 3:16 pm]
Billing code 3195-01-P