    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book I)]
    [February 16, 1995]
    [Pages 216-217]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Reporting on the Proliferation of
    Chemical and Biological Weapons
    February 16, 1995

    To the Congress of the United States:
        On November 16, 1990, in light of the dangers of the proliferation
    of chemical and biological weapons, President Bush issued Executive
    Order No. 12735, and declared a national emergency under the
    International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
    Under section 202(d) of the National Emergencies Act (50 U.S.C.
    1622(d)), the national emergency terminates on the anniversary date of
    its declaration unless the President publishes in the Federal Register
    and transmits to the Congress a notice of its continuation.
        On November 14, 1994, I issued Executive Order No. 12938, which
    revoked and superseded Executive Order No. 12735. As I described in the
    report transmitting Executive Order No. 12938, the new Executive order
    consolidates the functions of Executive Order No. 12735, which declared
    a national emergency with respect to the proliferation of chemical and
    biological weapons, and Executive Order No. 12930, which declared a
    national emergency with respect to nuclear, biological, and chemical
    weapons, and their means of delivery. The new Executive order continued
    in effect any rules, regulations, orders, licenses, or other forms of
    administrative action taken under the authority of Executive order No.
    12735. This is the final report with respect to Executive Order No.
    12735.
        This report is made pursuant to section 204 of the International
    Emergency Economic Powers Act and section 401(c) of the National
    Emergencies Act regarding activities taken and money spent pursuant to
    the emergency declaration. Additional information on chemical and
    biological weapons proliferation is contained in the annual report to
    the Congress provided pursuant to the Chemical and Biological Weapons
    Control and Warfare Elimination Act of 1991.
        The three export control regulations issued under the Enhanced
    Proliferation Control Initiative are fully in force and continue to be
    used to control the export of items with potential use in chemical or
    biological weapons (CBW) or unmanned delivery systems for weapons of
    mass destruction.
        During the final 6 months of Executive Order No. 12735, the United
    States continued to ad-

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    dress actively in its international diplomatic efforts the problem of
    the proliferation and use of CBW.
        At the termination of Executive Order No. 12735, 158 nations had
    signed the Chemical Weapons Convention (CWC) and 16 had ratified it. On
    November 23, 1993, I submitted the CWC to the Senate for its advice and
    consent to ratification. The United States continues to press for prompt
    ratification of the Convention to enable its entry into force as soon as
    possible. We also continue to urge those countries that have not signed
    the Convention to do so. The United States has remained actively engaged
    in the work of the CWC Preparatory Commission headquartered in The
    Hague, to elaborate the technical and administrative procedures for
    implementing the Convention.
        The United States was an active participant in the Special
    Conference of States Parties, held September 19-30, 1994, to review the
    consensus final report of the Ad Hoc Group of experts mandated by the
    Third Biological Weapons Convention (BWC) Review conference. The Special
    Conference produced a mandate to establish an Ad Hoc Group whose
    objective is to develop a legally binding instrument to strengthen the
    effectiveness and improve the implementation of the BWC. The United
    States strongly supports the development of a legally binding protocol
    to strengthen the Convention.
        The United States maintained its active participation in the
    Australia Group (AG), which welcomed the Czech Republic, Poland, and
    Slovakia as the 26th, 27th, and 28th AG members, respectively. The Group
    reaffirmed members' collective belief that full adherence to the CWC and
    the BWC provides the only means to achieve a permanent global ban on
    CBW, and that all states adhering to these conventions have an
    obligation to ensure that their national activities support these goals.
        The AG also reiterated its conviction that harmonized AG export
    licensing measures are consistent with and indeed actively support, the
    requirement under Article I of the CWC that States Parties never assist,
    in any way, the manufacture of chemical weapons. These measures also are
    consistent with the undertaking in Article XI of the CWC to facilitate
    the fullest possible exchange of chemical materials and related
    information for purposes not prohibited by the Convention, as they focus
    solely on preventing assistance to activities banned under the CWC.
    Similarly, such efforts also support existing nonproliferation
    obligations under the BWC.
        The United States Government determined that one foreign individual
    and two foreign commercial entities--respectively, Nahum Manbar, and
    Mana International Investments and Europol Holding Ltd.--had engaged in
    chemical weapons proliferation activities that required the imposition
    of trade sanctions against them, effective on July 16, 1994. A separate
    determination was made and sanctions imposed against Alberto di Salle,
    an Italian national, effective on August 19, 1994. Additional
    information on these determinations will be contained in a classified
    report to the Congress, provided pursuant to the Chemical and Biological
    Weapons Control and Warfare Elimination Act of 1991.
        Pursuant to section 401(c) of the National Emergencies Act, I report
    that there were no expenses directly attributable to the exercise of
    authorities conferred by the declaration of the national emergency in
    Executive Order No. 12735 during the period from November 16, 1990,
    through November 14, 1994.

                                                          William J. Clinton

    The White House,

    February 16, 1995.