[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Presidential Documents]
[Pages 40803-40804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20590]



[[Page 40801]]

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Part IV





The President





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Executive Order 13094--Proliferation of Weapons of Mass Destruction
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  Federal Register / Vol. 63, No. 146 / Thursday, July 30, 1998 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 40803]]

                Executive Order 13094 of July 28, 1998

                
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.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.), the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.) 
                (AECA), and section 301 of title 3, United States Code,

                I, WILLIAM J. CLINTON, President of the United States 
                of America, 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, hereby order:

                Section 1. Amendment of Executive Order 12938.

                    (a) Section 4 of Executive Order 12938 of November 
                14, 1994, is revised to read as follows:
                    ``Sec. 4. Measures Against Foreign Persons.
                    L  (a) Determination by Secretary of State; 
                Imposition of Measures. Except to the extent provided 
                in section 203(b) of the International Emergency 
                Economic Powers Act (50 U.S.C. 1702(b)), where 
                applicable, if the Secretary of State determines that a 
                foreign person, on or after November 16, 1990, the 
                effective date of Executive Order 12735, the 
                predecessor order to Executive Order 12938, has 
                materially contributed or attempted to contribute 
                materially to the efforts of any foreign country, 
                project, or entity of proliferation concern to use, 
                acquire, design, develop, produce, or stockpile weapons 
                of mass destruction or missiles capable of delivering 
                such weapons, the measures set forth in subsections 
                (b), (c), and (d) of this section shall be imposed on 
                that foreign person to the extent determined by the 
                Secretary of State in consultation with the 
                implementing agency and other relevant agencies. 
                Nothing in this section is intended to preclude the 
                imposition on that foreign person of other measures or 
                sanctions available under this order or under other 
                authorities.
                    L  (b) Procurement Ban. No department or agency of 
                the United States Government may procure, or enter into 
                any contract for the procurement of, any goods, 
                technology, or services from any foreign person 
                described in subsection (a) of this section.
                    L  (c) Assistance Ban. No department or agency of 
                the United States Government may provide any assistance 
                to any foreign person described in subsection (a) of 
                this section, and no such foreign person shall be 
                eligible to participate in any assistance program of 
                the United States Government.
                    L  (d) Import Ban. The Secretary of the Treasury 
                shall prohibit the importation into the United States 
                of goods, technology, or services produced or provided 
                by any foreign person described in subsection (a) of 
                this section, other than information or informational 
                materials within the meaning of section 203(b)(3) of 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1702(b)(3)).
                    L  (e) Termination. Measures pursuant to this 
                section may be terminated against a foreign person if 
                the Secretary of State determines that there is 
                reliable evidence that such foreign person has ceased 
                all activities referred to in subsection (a) of this 
                section.

[[Page 40804]]

                    L  (f) Exceptions. Departments and agencies of the 
                United States Government, acting in consultation with 
                the Secretary of State, may, by license, regulation, 
                order, directive, exception, or otherwise, provide for:

                L  (i) Procurement contracts necessary to meet U.S. 
                operational military requirements or requirements under 
                defense production agreements; intelligence 
                requirements; sole source suppliers, spare parts, 
                components, routine servicing and maintenance of 
                products for the United States Government; and medical 
                and humanitarian items; and
                L  (ii) Performance pursuant to contracts in force on 
                the effective date of this order under appropriate 
                circumstances.''

                    (b) Section 6 of Executive Order 12938 of November 
                14, 1994, is amended by deleting ``4(c)'' and inserting 
                ``4(e)'' in lieu thereof.

                Sec. 2. 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 IEEPA, AECA, the Nuclear Non-Proliferation 
                Act of 1978, the Nuclear Proliferation Prevention Act 
                of 1994, the Atomic Energy Act, the Export 
                Administration Act (50 U.S.C. App. 2401 et seq.), 
                Executive Order 12730 of September 30, 1990, Executive 
                Order 12735 of November 16, 1990, Executive Order 12924 
                of August 18, 1994, Executive Order 12930 of September 
                29, 1994, or Executive Order 12938 of November 14, 
                1994.

                Sec. 3. Judicial Review. Nothing contained in this 
                order shall create any right or benefit, substantive or 
                procedural, enforceable by any party against the United 
                States, its agencies or instrumentalities, its officers 
                or employees, or any other person.

                Sec. 4. Effective Date.

                    (a) This order is effective at 12:01 a.m. eastern 
                daylight time on July 29, 1998.
                    (b) This order shall be transmitted to the Congress 
                and published in the Federal Register.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 28, 1998.

[FR Doc. 98-20590
Filed 7-29-98; 10:40 am]
Billing code 3195-01-P