Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I) - Message to the Congress on the Continuation of the National Emergency With Respect to Export Controls

[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.