    [Weekly Compilation of Presidential Documents Volume 30, Number 46 (Monday, November 21, 1994)]
    [Pages 2389-2390]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    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    superseded by legislation, and expands certain existing authorizations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.

    [[Page 2390]]

        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.