    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book I)]
    [May 18, 1995]
    [Pages 705-707]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Reporting on the National Emergency With Respect
    to Proliferation of Weapons of Mass Destruction
    May 18, 1995

    To the Congress of the United States:
        On November 14, 1994, in light of the dangers of the proliferation
    of nuclear, biological, and chemical weapons and their means of delivery
    (``weapons of mass destruction''), I issued Executive Order No. 12938
    and declared a national emergency under the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.).
        As I described in the report transmitting Executive Order No. 12938,
    the new Executive order consolidated the functions of and revoked
    Executive Order No. 12735 of November 16, 1990, which declared a
    national emergency with respect to the proliferation of chemical and
    biological weapons, and Executive Order No. 12930 of September 29, 1994,
    which declared a national emergency with respect to nuclear, biological,
    and chemical weapons, and their means of delivery. The new Executive
    order also expanded certain existing authorities in order to strengthen
    the U.S. ability to respond to proliferation problems.
        The following 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
    nuclear, missile, and/or chemical and biological weapons (CBW)
    nonproliferation efforts is contained in the annual report on the
    proliferation of missiles and essential components of nuclear,
    biological, and chemical weapons, provided to the Congress pursuant to
    section 1097 of the National Defense Authorization Act for Fiscal Years
    1992 and 1993 (Public Law 102-190), also known as the ``Nonproliferation
    Report,'' and the annual report provided to the Congress pursuant to
    section 308 of the Chemical and Biological Weapons Control and Warfare
    Elimination Act of 1991 (Public Law 102-182).
        The three export control regulations issued under the Enhanced
    Proliferation Control Initiative (EPCI) are fully in force and continue
    to be used to control the export of items with potential use in chemical
    or biological weapons or unmanned delivery systems for weapons of mass
    destruction.
        In the 6 months since I issued Executive Order No. 12938, the number
    of countries that have ratified the Chemical Weapons Convention (CWC)
    has reached 27 (out of 159 signatory countries). I am urging the Senate
    to give its advice and consent to ratification as soon as possible. The
    CWC is a critical element of U.S. nonproliferation policy that will
    significantly enhance our security and that of our friends and allies. I
    believe that U.S. ratification will help to encourage the ratification
    process in other countries and, ultimately, the CWC's entry into force.
        The United States actively participates in the CWC Preparatory
    Commission in The Hague, the deliberative body drafting administrative
    and implementing procedures for the CWC. Last month, this body accepted
    the U.S. offer of an information management system for the future
    Organization for the Prohibition of Chemical Weapons that will implement
    the CWC. The United States also is playing a leading role in developing
    a training program for international inspectors.
        The United States strongly supports international efforts to
    strengthen the 1972 Biological and Toxin Weapons Convention (BWC). In
    January 1995, the Ad Hoc Group mandated by the September 1994 BWC
    Special Conference to draft a legally binding instrument to strengthen
    the effectiveness and improve the implementation of the BWC held its
    first meeting. The Group agreed on a program of work and schedule of
    substantive meetings, the first of which will occur in July 1995. The
    United States is pressing for completion of the Ad Hoc Group's work and
    consideration of the legally binding instrument by the next BWC Review
    Conference in 1996.
        The United States maintained its active participation in the 29-
    member Australia Group (AG), which now includes the Czech Republic,
    Poland, Slovakia, and Romania. The AG reaffirmed in December the
    member's collective belief that full adherence to the CWC and the BWC
    provides the only means to achieve a per-

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    manent 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 three foreign nationals
    (Luciano Moscatelli, Manfred Felber, and Gerhard Merz) had engaged in
    chemical weapons proliferation activities that required the imposition
    of sanctions against them, effective on November 19, 1994. Similar
    determinations were made against three foreign companies (Asian Ways
    Limited, Mainway International, and Worldco) effective on February 18,
    1995, and imposed sanctions against them. Additional information on
    these determinations is contained in a classified report to the
    Congress, provided pursuant to the Chemical and Biological Weapons
    Control and Warfare Elimination Act of 1991. The United States
    Government continues to monitor closely activities that may be subject
    to CBW sanctions provisions.
        The United States continued to control vigilantly U.S. exports that
    could make a contribution to unmanned delivery systems for weapons of
    mass destruction, exercising restraint in considering all such transfers
    consistent with the Guidelines of the Missile Technology Control Regime
    (MTCR). The MTCR Partners shared information not only with each other
    but with other possible supplier, consumer, and transshipment states
    about proliferation problems and also stressed the importance of
    implementing effective export control systems.
        The United States initiated unilateral efforts and coordinated with
    MTCR Partners in multilateral efforts, aimed at combatting missile
    proliferation by nonmembers and at encouraging nonmembers to adopt
    responsible export behavior and to adhere to the MTCR Guidelines. On
    October 4, 1994, the United States and China signed a Joint Statement on
    Missile Nonproliferation in which China reiterated its 1992 commitment
    to the MTCR Guidelines and agreed to ban the export of ground-to-ground
    MTCR-class missiles. In 1995, the United States met bilaterally with
    Ukraine in January, and with Russia in April, to discuss missile
    nonproliferation and the implementation of the MTCR Guidelines. In May
    1995, the United States will participate with other MTCR Partners in a
    regime approach to Ukraine to discuss missile nonproliferation and to
    share information about the MTCR.
        The United States actively encouraged its MTCR Partners and fellow
    AG participants to adopt ``catch-all'' provisions, similar to that of
    the United States and EPCI, for items not subject to specific export
    controls. Austria, Germany, Norway, and the United Kingdom actually have
    such provisions in place. The European Union (EU) issued a directive in
    1994 calling on member countries to adopt ``catch-all'' controls. These
    controls will be implemented July 1, 1995. In line with this
    harmonization move, several countries, including European States that
    are not actually member of the EU, have adopted or are considering
    putting similar provisions in place.
        The United States has continued to pursue this Administration's
    nuclear nonproliferation goals. More than 170 nations joined in the
    indefinite, unconditional extension of the Nuclear Non-Proliferation
    Treaty (NPT) on May 11, 1995. This historic decision strengthens the
    security of all countries, nuclear weapons states and nonweapons states
    alike.
        South Africa joined the Nuclear Suppliers Group (NSG), increasing
    NSG membership to 31 countries. The NSG held a plenary in Helsinki,
    April 5-7, 1995, which focused on membership issues and the NSG's
    relationship to the NPT Conference. A separate, dual-use consultation
    meeting agreed upon 32 changes to the dual-use list.
        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.

    [[Page 707]]

    12938 during the period from November 14, 1994, through May 14, 1995.

                                                          William J. Clinton

    The White House,

    May 18, 1995.