[Public Papers of the Presidents of the United States: William J. Clinton (1994, Book II)]
[November 14, 1994]
[Page 2084]
[From the U.S. Government Publishing Office www.gpo.gov]



[[Page 2084]]


Letter to Congressional Leaders on the Proliferation of Weapons of Mass 
Destruction
November 14, 1994

Dear Mr. Speaker:  (Dear Mr. President:)
    Pursuant to section 204(b) of the International Emergency Economic 
Powers Act (50 U.S.C. 1703(b)) and section 201 of the National 
Emergencies Act (50 U.S.C. 1631), I hereby report to the Congress that I 
have exercised my statutory authority to declare a national emergency 
and to issue an Executive order that consolidates the functions of two 
existing Executive orders, eliminates provisions that have been 
superseded by legislation, and expands certain existing authorizations 
in order to enhance our ability to respond to the threat of weapons of 
mass destruction-related proliferation activities around the world.
    The new Executive order consolidates the functions of Executive 
Order No. 12735 of November 16, 1990, that declared a national emergency 
with respect to the proliferation of chemical and biological weapons, 
and Executive Order No. 12930 of September 29, 1994, that declared a 
national emergency with respect to nuclear, biological, and chemical 
weapons and of the means of delivering such weapons. This new order 
includes all of the authorities in Executive Order No. 12930 and, with 
the exception discussed below, continues the authorities previously in 
Executive Order No. 12735.
    The new order eliminates certain redundant authorities and other 
authorities that will be rendered unnecessary in the wake of 
congressional or multilateral action. The order eliminates obsolete 
provisions relating to the negotiation of a global convention relating 
to chemical weapons (CW) because the Chemical Weapons Convention has 
already been negotiated, signed, and is now in the ratification process. 
The order also eliminates an obsolete requirement to develop a list of 
items for CW-related controls. Such a list and the controls in question 
have already been implemented.
    Finally, the new order provides additional authorization to further 
important nonproliferation goals that are not present in existing 
legislation or the other Executive orders. First, the order expands 
previous provisions on the imposition of export controls by referring to 
weapons of mass destruction and missiles rather than to chemical and 
biological weapons. Second, the order provides for the imposition of 
sanctions on foreign persons for proliferation activity contributing to 
chemical and biological weapons programs in any country. Existing 
sanctions legislation is limited, absent Presidential action, to 
activity that contributes to chemical and biological weapons programs in 
the countries on the terrorist list. This provision closes a loophole in 
the existing sanctions legislation and comports with the global 
requirement of the Chemical Weapons Convention not to assist CW programs 
anywhere in the world.
    I have authorized these actions in view of the danger posed to the 
national security, foreign policy, and economy of the United States by 
the continuing proliferation of weapons of mass destruction and their 
means of delivery.
    The Secretary of State, the Secretary of the Treasury, and the 
Secretary of Commerce are authorized to take such actions and to issue 
any regulations necessary to implement these requirements. These actions 
shall be implemented in accordance with procedures established under 
Executive Order No. 12851 of June 11, 1993. I am enclosing a copy of the 
Executive order that I have issued exercising these authorities.
    My Administration continues to believe that the harmonized 
proliferation sanctions legislation it included as part of the proposed 
new Export Administration Act represents the best means of maximizing 
the effectiveness of sanctions as a tool of U.S. nonproliferation policy 
while minimizing adverse economic impacts on U.S. exporters. Until such 
harmonized sanctions legislation is enacted, however, I believe that it 
is appropriate as an interim measure to take the steps described above 
to consolidate and streamline the restrictions of the former 
nonproliferation Executive orders.
    Sincerely,

                                                      William J. Clinton

Note: Identical letters were sent to Thomas S. Foley, Speaker of the 
House of Representatives, and Albert Gore, Jr., President of the Senate. 
The Executive order is listed in Appendix D at the end of this volume.