    [Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I)]
    [June 21, 1991]
    [Pages 706-707]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Reporting on the National Emergency With Respect
    to Chemical and Biological Weapons Proliferation
    June 21, 1991

    To the Congress of the United States:
        1. On November 16, 1990, in Executive Order No. 12735, I declared a
    national emergency under the International Emergency Economic Powers Act
    (``IEEPA'') (50 U.S.C. 1701, et seq.) to deal with the threat to the
    national security and foreign policy of the United States caused by the
    proliferation of chemical and biological weapons. In that order I
    directed the imposition of export controls on goods, technology, and
    services that can contribute to the proliferation of chemical and
    biological weapons and delivery systems. I also directed the imposition
    of sanctions on foreign persons and foreign countries involved in
    chemical and biological weapons proliferation activities under specified
    circumstances.
        2. I issued Executive Order No. 12735 pursuant to the authority
    vested in me as President by the Constitution and laws of the United
    States, including IEEPA, the National Emergencies Act (50 U.S.C. 1601 et
    seq.), and section 301 of title 3 of the United States Code. At that
    time I also submitted a report to the Congress pursuant to section
    204(b) of IEEPA (50 U.S.C. 1703(b)). Section 204 of IEEPA requires
    follow-up reports, with respect to actions or changes, to be submitted
    every 6 months. This report is submitted in compliance with that
    requirement.
        3. Since the issuance of Executive Order No. 12735, the United
    States Government has implemented additional export controls under the
    Enhanced Proliferation Controls Initiative (EPCI), announced on December
    13, 1990. Three provisions implementing EPCI and Executive Order No.
    12735 amend the Export Administration Regulations and were published in
    the Federal Register (56 FR 10756-10770, March 13, 1991), copies of
    which are attached. These regulations impose additional controls on
    exports that would assist a country in acquiring the capability to
    develop, produce, stockpile, deliver, or use chemical or biological
    weapons or ballistic missiles. The first two regulations were issued in
    interim form for public comment and implemented immediately. The third
    regulation was issued in proposed form for public comment.
        The three regulations can be described as follows:
        The first regulation expands from 11 to 50 the number of chemical
    weapons precursors whose export is controlled by the United States
    Government to all countries except the 20-member Australia Group of
    countries that cooperate against chemical and biological weapons
    proliferation and the NATO member countries. Prior to this regulation
    the United States had controlled the 39 additional chemical weapons
    precursors only to Iran, Iraq, Syria, and Libya, and the four embargoed
    countries of Cuba, Vietnam, Cambodia, and North Korea.
        The second regulation imposes a requirement for individual validated
    licenses for export of certain chemical and biological weapons-related
    dual-use equipment to 28 designated destinations.

    [[Page 707]]

        The third regulation will impose a requirement for individual
    validated licenses where an exporter knows or is informed by the United
    States Government that any export is destined for the design,
    development, production, or use of chemical or biological weapons or
    missiles. This regulation also will impose an individual validated
    license requirement for U.S. persons who knowingly provide assistance to
    such a project, as well as for U.S. person participation in the design,
    construction, or export of whole chemical plants that make chemical
    weapons precursors.
        The United States Government, in bilateral contacts, at the
    Australia Group meetings of December 1990 and May 1991, and at the
    Missile Technology Control Regime (MTCR) partners meeting of March 1991,
    has pursued negotiations with foreign governments to persuade them to
    adopt measures comparable to those the United States has imposed. At the
    May 1991 Australia Group meeting, the members agreed that by the next
    Australia Group meeting in December 1991 they would place controls on
    the export of all 50 chemical weapons precursors identified by the
    Group. They also agreed in principle to control the export of dual-use
    chemical weapons-related equipment. The United States Government is
    seeking greater harmonization of national export control laws,
    particularly in the areas of chemical and biological weapons-related
    equipment, including whole chemical plants, and curbs on citizen
    proliferation activities and end-user controls. At the MTCR partners
    meeting, significant progress was made toward adopting an updated annex
    of controlled missile-related technologies. The MTCR partners also
    agreed to consider further harmonization of controls and implementation
    procedures. We will continue to pursue efforts to obtain foreign
    adoption of comparable measures.
        An interagency chemical and biological weapons sanctions working
    group chaired by the Department of State has been established to
    evaluate intelligence and identify potentially sanctionable chemical or
    biological weapons activity that has taken place since November 16,
    1990. This group has met and vetted information on potentially
    sanctionable activities but has not completed its analysis. The
    Administration has not as yet made any sanctions determinations but is
    reviewing potential sanctions cases.
        On May 13, 1991, I announced a further U.S. initiative aimed at
    completing a comprehensive global chemical weapons ban in the Geneva
    Conference on Disarmament within 12 months. The initiative contains a
    series of concrete, forward-looking proposals that we believe will help
    inspire other governments and make this result possible.
        In addition, on May 29, 1991, I announced a Middle East arms control
    initiative intended to curb the spread of chemical and biological
    weapons as well as conventional arms, missiles, and nuclear weapons.
    With regard to chemical and biological weapons, the initiative calls for
    the establishment of guidelines for restraints on transfers of
    conventional arms, weapons of mass destruction, and associated
    technology. It calls for all states in the Middle East to commit to
    becoming original parties to the Chemical Weapons Convention and for
    confidence-building measures by regional states. The initiative also
    calls for strengthening the 1972 Biological Weapons Convention through
    full implementation of its provisions, an improved mechanism for
    information exchange, and regional confidence-building measures.
        4. The proliferation of chemical and biological weapons continues to
    constitute an unusual and extraordinary threat to the national security
    and foreign policy of the United States. I shall continue to exercise
    the powers at my disposal, including export controls and sanctions, and
    will continue to report periodically to the Congress on significant
    developments, pursuant to 50 U.S.C. 1703(c).

                                                                 George Bush

    The White House,
    June 21, 1991.