    [Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I)]
    [April 23, 1991]
    [Pages 415-417]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress on the Continuation of the National Emergency
    With Respect to Export Controls
    April 23, 1991

    To the Congress of the United States:
        1. On September 30, 1990, in Executive Order No. 12730, 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
    lapse of the Export Administration Act of 1979, as amended (50 U.S.C.
    2401, et seq.) and the system of controls maintained under that Act. In
    that order, I continued in effect, to

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    the extent permitted by law, the provisions of the Export Administration
    Act of 1979, as amended, the Export Administration Regulations (15
    C.F.R. 768, et seq.), and the delegations of authority set forth in
    Executive Order No. 12002 of July 7, 1977, Executive Order No. 12214 of
    May 2, 1980, and Executive Order No. 12131 of May 4, 1979, as amended by
    Executive Order No. 12551 of February 21, 1986.
        2. I issued Executive Order No. 12730 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. 12730, the Department
    of Commerce has continued to administer the system of export controls,
    including antiboycott provisions, contained in the Export Administration
    Regulations. In administering these controls, the Department has acted
    under a policy of conforming actions under Executive Order No. 12730 to
    those required under the Export Administration Act, insofar as
    appropriate.
        4. Since I issued Executive Order No. 12730, there have been several
    significant developments in the area of export controls:
        The spread of weapons of mass destruction continues to constitute a
    threat to the national security and foreign policy interests of the
    United States. Accordingly, in Executive Order No. 12735 of November 16,
    1990, and the Enhanced Proliferation Control Initiative of December 13,
    1990, we announced major steps to strengthen export controls over goods,
    technology, and other forms of assistance that can contribute to the
    spread of chemical and biological weapons and missile systems. On March
    7, 1991, the Department of Commerce issued two new regulations and a
    proposed rule to implement these steps. The new regulations control the
    export of 50 chemicals as well as dual-use equipment and technical data
    that can be used to make chemical and biological weapons. (56 F.R. 10756
    and 10760, March 13, 1991.) The proposed rule would expand controls to
    cover exports when the exporter knows or is informed by the Department
    of Commerce that an export will be used for missile technology or
    chemical or biological weapons, or is destined for a project engaged in
    such activities. The rule also proposes to restrict U.S. citizen
    participation in such activities and the export of chemical plants and
    plant designs. (56 F.R. 10765, March 13, 1991.)
        Concerned Government agencies continue negotiations with our
    Coordinating Committee (COCOM) partners on the development of a Core
    List of truly strategic items that will remain subject to multilateral
    national security controls.
        Enforcement efforts have continued unabated. In a major enforcement
    action, on February 22, 1991, the Department of Commerce temporarily
    denied the export privileges of a Dutch company, Delft Instruments N.V.,
    and certain related companies, in connection with an investigation of
    illegal reexport of U.S.-origin night vision equipment to Iraq.
        On January 21, 1991, the Department of Commerce submitted a report
    to the Congress, extending for the period of January 21, 1991, through
    January 20, 1992, export controls maintained for foreign policy purposes
    under the Export Administration Regulations. Several changes were
    announced, including a change in controls toward the People's Democratic
    Republic (PDR) of Yemen. The PDR of Yemen has merged with the Yemen Arab
    Republic, and the new country was not included by the Secretary of State
    among designated terrorist-supporting states. Accordingly, controls
    maintained for reasons of antiterrorism have not been extended. In
    addition, foreign policy controls on exports to Namibia were removed on
    March 21, 1990, when it achieved independence from South Africa.
        The unrestricted access of foreign parties to U.S. goods,
    technology, and technical data and the existence of certain boycott
    practices of foreign nations, in light of the expiration of the Export
    Administration Act

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    of 1979, continue to constitute an unusual and extraordinary threat to
    the national security, foreign policy, and economy of the United States.
    I shall continue to exercise the powers at my disposal to retain the
    export control system, including the antiboycott provisions, 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,
    April 23, 1991.