[Weekly Compilation of Presidential Documents Volume 29, Number 24 (Monday, June 21, 1993)]
[Pages 1067-1069]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12851--Administration of Proliferation Sanctions, Middle 
East Arms Control, and Related Congressional Reporting Responsibilities

 June 11, 1993

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 301 of title 
3, United States Code; sections 1701-1703 of the National Defense 
Authorization Act for Fiscal Year 1991, Public Law 101-510 (50 U.S.C. 
App. 2402 note, 2405, 2410b; 22 U.S.C. 2797-2797c); sections 303, 324, 
and 401-405 of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993, Public Law 102-138; sections 305-308 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991, Public 
Law 102-182 (50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-5606); sections 
241 and 1097 of the National Defense Authorization Act for Fiscal Years 
1992 and 1993, Public Law 102-190; and section 1364 of the National 
Defense Authorization Act for Fiscal Year 1993, Public Law 102-484, I 
hereby order as follows:
    Section 1. Chemical and Biological Weapons Proliferation and Use 
Sanctions. (a) Chemical and Biological Weapons Proliferation. The 
authority and duties vested in me by section 81 of the Arms Export 
Control Act, as amended (``AECA'') (22 U.S.C. 2798), and section 11C of 
the Export Administration Act of 1979, as amended (``EAA'') (50 U.S.C. 
App. 2410c), are delegated to the Secretary of State, except that:
    (1) The authority and duties vested in me to deny certain United 
States Government contracts, as provided in section 81(c)(1)(A) of the 
AECA and section 11C(c)(1)(A) of the EAA, pursuant to a determination 
made by the Secretary of State under section 81(a)(1) of the AECA or 
section 11C(a)(1) of the EAA, as well as the authority and duties vested 
in me to make the determinations provided for in section 81(c)(2) of the 
AECA and section 11C(c)(2) of the EAA are delegated to the Secretary of 
Defense. The Secretary of Defense shall notify the Secretary of the 
Treasury of determinations made pursuant to section 81(c)(2) of the AECA 
and section 11(c)(2) of the EAA.
    (2) The authority and duties vested in me to prohibit certain 
imports as provided in section 81(c)(1)(B) of the AECA and section 
11C(c)(1)(B) of the EAA, pursuant to a determination made by the 
Secretary of State under section 81(a)(1) of the AECA or section 
11C(a)(1) of the EAA, and the obligation to implement the exceptions 
provided in section 81(c)(2) of the AECA and section 11C(c)(2) of the 
EAA, insofar as the exceptions affect imports of goods into the United 
States, are delegated to the Secretary of the Treasury.
    (b) Chemical and Biological Weapons Use. The authority and duties 
vested in me by sections 306-308 of the Chemical and Biological Weapons 
Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are 
delegated to the Secretary of State, except that:
    (1) The authority and duties vested in me to restrict certain 
imports as provided in section 307(b)(2)(D), pursuant to a determination 
made by the Secretary of State under section 307(b)(1), are delegated to 
the Secretary of the Treasury.
    (2) The Secretary of State shall issue, transmit to the Congress, 
and notify the Secretary of the Treasury of, as appropriate, waivers 
based upon findings made pursuant to section 307(d)(1)(A)(ii).
    (3) The authority and duties vested in me to prohibit certain 
exports as provided in section 307(a)(5) and section 307(b)(2)(C), 
pursuant to a determination made by the Secretary of State under section 
306(a)(1) and section 307(b)(1), are delegated to the Secretary of 
Commerce.

[[Page 1068]]

    (c) Coordination Among Agencies. The Secretaries designated in this 
section shall exercise all functions delegated to them by this section 
in consultation with the Secretary of State, the Secretary of Defense, 
the Secretary of the Treasury, the Secretary of Commerce, the Director 
of the Arms Control and Disarmament Agency, and other departments and 
agencies as appropriate, utilizing the appropriate interagency groups 
prior to any determination to exercise the prohibition authority 
delegated hereby.
    Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control 
Act. The authority and duties vested in me by sections 72-73 of the AECA 
(22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except 
that:
    (1) The authority and duties vested in me by section 72(a)(1) to 
make determinations with respect to violations by United States persons 
of the EAA are delegated to the Secretary of Commerce.
    (2) The authority and duties vested in me to deny certain United 
States Government contracts as provided in sections 73(a)(2)(A)(i) and 
73(a)(2)(B)(i), pursuant to a determination made by the Secretary of 
State under section 73(a)(1), as well as the authority and duties vested 
in me to make the findings provided in sections 72(c), 73(f), and 
73(g)(1), are delegated to the Secretary of Defense. The Secretary of 
State shall issue, transmit to the Congress, and notify the Secretary of 
the Treasury of, as appropriate, any waivers based upon findings made 
pursuant to sections 72(c) and 73(f).
    (3) The authority and duties vested in me to prohibit certain 
imports as provided in section 73(a)(2)(C), pursuant to a determination 
made by the Secretary of State under that section, and the obligation to 
implement the exceptions provided in section 73(g), are delegated to the 
Secretary of the Treasury.
    (b) Export Administration Act. The authority and duties vested in me 
by section 11B of the EAA (50 U.S.C. App. 2410b) are delegated to the 
Secretary of Commerce, except that:
    (1) The authority and duties vested in me by sections 11B(a)(1)(A) 
(insofar as such section authorizes determinations with respect to 
violations by United States persons of the AECA), 11B(b)(1) (insofar as 
such section authorizes determinations regarding activities by foreign 
persons), and 11B(b)(5) are delegated to the Secretary of State.
    (2) The authority and duties vested in me to make the findings 
provided in sections 11B(a)(3), 11B(b)(6), and 11B(b)(7)(A) are 
delegated to the Secretary of Defense. The Secretary of Commerce shall 
issue, transmit to the Congress, and notify the Secretary of the 
Treasury of, as appropriate, waivers based upon findings made pursuant 
to section 11B(a)(3). The Secretary of State shall issue, transmit to 
the Congress, and notify the Secretary of the Treasury of, as 
appropriate, waivers based upon findings made pursuant to section 
11B(b)(6).
    (3) The authority and duties vested in me to prohibit certain 
imports as provided in section 11B(b)(1), pursuant to a determination by 
the Secretary of State under that section, and the obligation to 
implement the exceptions provided in section 11B(b)(7), are delegated to 
the Secretary of the Treasury.
    (c) Reporting Requirements. The authority and duties vested in me to 
make certain reports to the Congress as provided in section 1097 of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 and 
section 1364 of the National Defense Authorization Act for Fiscal Year 
1993 are delegated to the Secretary of State.
    (d) Coordination Among Agencies. The Secretaries designated in this 
section shall exercise all functions delegated to them by this section 
in consultation with the Secretary of State, the Secretary of Defense, 
the Secretary of the Treasury, the Secretary of Commerce, the Director 
of the Arms Control and Disarmament Agency, and other departments and 
agencies as appropriate, utilizing the appropriate interagency groups 
prior to any determination to exercise prohibition authority delegated 
hereby.
    Sec. 3. Arms Control in the Middle East. The certification and 
reporting functions vested in me by sections 403 and 404 of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993, are delegated 
to the Secretary of State. The Secretary of State shall exercise these 
functions in consultation with the Secretary of Defense and other 
agencies as appropriate.

[[Page 1069]]

    Sec. 4. China and Weapons Proliferation. The reporting functions 
regarding China and weapons proliferation vested in me by sections 
303(a)(2) and 324 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993, are delegated to the Secretary of State. The 
Secretary of State shall exercise these functions in consultation with 
the Secretary of Defense and other agencies as appropriate.

    Sec. 5. Arrow Tactical Anti-Missile Program. The authority and 
duties vested in me to make certain certifications as provided by 
section 241(b)(3)(C) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 are delegated to the Secretary of State.

    Sec. 6. Delegations. The functions delegated herein may be 
redelegated as appropriate. Regulations necessary to carry out the 
functions delegated herein may be issued as appropriate.

    Sec. 7. Priority. This order supercedes the Memorandum of the 
President, ``Delegation of Authority Regarding Missile Technology 
Proliferation,'' June 25, 1991. To the extent that this order is 
inconsistent with any provisions of any prior Executive order or 
Presidential memorandum, this order shall control.

                                            William J. Clinton

The White House,
June 11, 1993.

[Filed with the Office of the Federal Register, 10:26 a.m., June 14, 
1993]

Note: This Executive order was published in the Federal Register on June 
15. This item was not received in time for publication in the 
appropriate issue.