    [Weekly Compilation of Presidential Documents Volume 30, Number 46 (Monday, November 21, 1994)]
    [Pages 2386-2389]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 12938--Proliferation of Weapons of Mass Destruction

    November 14, 1994

        By the authority vested in me as President by the Constitution and
    the laws of the United States of America, including the International
    Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
    Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act,
    as amended (22 U.S.C. 2751 et seq.), Executive Orders Nos. 12851 and
    12924, and section 301 of title 3, United States Code,
        I, William J. Clinton, President of the United States of America,
    find that the proliferation of nuclear, biological, and chemical weapons
    (``weapons of mass destruction'') and of the means of delivering such
    weapons, constitutes an unusual and extraordinary threat to the national
    security, foreign policy, and economy of the United States, and hereby
    declare a national emergency to deal with that threat.
        Accordingly, I hereby order:
        Section 1. International Negotiations. It is the policy of the
    United States to lead and seek multilaterally coordinated efforts with
    other countries to control the proliferation of weapons of mass
    destruction and the means of delivering such weapons. Accordingly, the
    Secretary of State shall cooperate in and lead multilateral efforts to
    stop the proliferation of weapons of mass destruction and their means of
    delivery.

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        Sec. 2. Imposition of Controls. As provided herein, the Secretary of
    State and the Secretary of Commerce shall use their respective
    authorities, including the Arms Export Control Act and the International
    Emergency Economic Powers Act, to control any exports, to the extent
    they are not already controlled by the Department of Energy and the
    Nuclear Regulatory Commission, that either Secretary determines would
    assist a country in acquiring the capability to develop, produce,
    stockpile, deliver, or use weapons of mass destruction or their means of
    delivery. The Secretary of State shall pursue early negotiations with
    foreign governments to adopt effective measures comparable to those
    imposed under this order.
        Sec. 3. Department of Commerce Controls. (a) The Secretary of
    Commerce shall prohibit the export of any goods, technology, or services
    subject to the Secretary's export jurisdiction that the Secretary of
    Commerce determines, in consultation with the Secretary of State, the
    Secretary of Defense, and other appropriate officials, would assist a
    foreign country in acquiring the capability to develop, produce,
    stockpile, deliver, or use weapons of mass destruction or their means of
    delivery. The Secretary of State shall pursue early negotiations with
    foreign governments to adopt effective measures comparable to those
    imposed under this section.
        (b) Subsection (a) of this section will not apply to exports
    relating to a particular category of weapons of mass destruction (i.e.,
    nuclear, chemical, or biological weapons) if their destination is a
    country with whose government the United States has entered into a
    bilateral or multilateral arrangement for the control of that category
    of weapons of mass destruction-related goods (including delivery
    systems) and technology, or maintains domestic export controls
    comparable to controls that are imposed by the United States with
    respect to that category of goods and technology, or that are otherwise
    deemed adequate by the Secretary of State.
        (c) The Secretary of Commerce shall require validated licenses to
    implement this order and shall coordinate any license applications with
    the Secretary of State and the Secretary of Defense.
        (d) The Secretary of Commerce, in consultation with the Secretary of
    State, shall take such actions, including the promulgation of rules,
    regulations, and amendments thereto, as may be necessary to continue to
    regulate the activities of United States persons in order to prevent
    their participation in activities that could contribute to the
    proliferation of weapons of mass destruction or their means of delivery,
    as provided in the Export Administration Regulations, set forth in Title
    15, Chapter VII, Subchapter C, of the Code of Federal Regulations, Parts
    768 to 799 inclusive.
        Sec. 4. Sanctions Against Foreign Persons. (a) In addition to the
    sanctions imposed on foreign persons as provided in the National Defense
    Authorization Act for Fiscal Year 1991 and the Chemical and Biological
    Weapons Control and Warfare Elimination Act of 1991, sanctions also
    shall be imposed on a foreign person with respect to chemical and
    biological weapons proliferation if the Secretary of State determines
    that the foreign person on or after the effective date of this order or
    its predecessor, Executive Order No. 12735 of November 16, 1990,
    knowingly and materially contributed to the efforts of any foreign
    country, project, or entity to use, develop, produce, stockpile, or
    otherwise acquire chemical or biological weapons.
        (b) No department or agency of the United States Government may
    procure, or enter into any contract for the procurement of, any goods or
    services from any foreign person described in subsection (a) of this
    section. The Secretary of the Treasury shall prohibit the importation
    into the United States of products produced by that foreign person.
        (c) Sanctions pursuant to this section may be terminated or not
    imposed against foreign persons if the Secretary of State determines
    that there is reliable evidence that the foreign person concerned has
    ceased all activities referred to in subsection (a).
        (d) The Secretary of State and the Secretary of the Treasury may
    provide appropriate exemptions for procurement contracts necessary to
    meet U.S. operational military requirements or requirements under
    defense production agreements, sole source suppliers, spare parts,
    components, routine servicing and maintenance of products, and medi-

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    cal and humanitarian items. They may provide exemptions for contracts in
    existence on the date of this order under appropriate circumstances.
        Sec. 5. Sanctions Against Foreign Countries. (a) In addition to the
    sanctions imposed on foreign countries as provided in the Chemical and
    Biological Weapons Control and Warfare Elimination Act of 1991,
    sanctions also shall be imposed on a foreign country as specified in
    subsection (b) of this section, if the Secretary of State determines
    that the foreign country has, on or after the effective date of this
    order or its predecessor, Executive Order No. 12735 of November 16,
    1990, (1) used chemical or biological weapons in violation of
    international law; (2) made substantial preparations to use chemical or
    biological weapons in violation of international law; or (3) developed,
    produced, stockpiled, or otherwise acquired chemical or biological
    weapons in violation of international law.
        (b) The following sanctions shall be imposed on any foreign country
    identified in subsection (a)(1) of this section unless the Secretary of
    State determines, on grounds of significant foreign policy or national
    security, that any individual sanction should not be applied. The
    sanctions specified in this section may be made applicable to the
    countries identified in subsections (a)(2) or (a)(3) when the Secretary
    of State determines that such action will further the objectives of this
    order pertaining to proliferation. The sanctions specified in subsection
    (b)(2) below shall be imposed with the concurrence of the Secretary of
    the Treasury.
        (1) Foreign Assistance. No assistance shall be provided to that
    country under the Foreign Assistance Act of 1961, or any successor act,
    or the Arms Export Control Act, other than assistance that is intended
    to benefit the people of that country directly and that is not channeled
    through governmental agencies or entities of that country.
        (2) Multilateral Development Bank Assistance. The United States
    shall oppose any loan or financial or technical assistance to that
    country by international financial institutions in accordance with
    section 701 of the International Financial Institutions Act (22 U.S.C.
    262d).
        (3) Denial of Credit or Other Financial Assistance. The United
    States shall deny to that country any credit or financial assistance by
    any department, agency, or instrumentality of the United States
    Government.
        (4) Prohibition of Arms Sales. The United States Government shall
    not, under the Arms Export Control Act, sell to that country any defense
    articles or defense services or issue any license for the export of
    items on the United States Munitions List.
        (5) Exports of National Security-Sensitive Goods and Technology. No
    exports shall be permitted of any goods or technologies controlled for
    national security reasons under the Export Administration Regulations.
        (6) Further Export Restrictions. The Secretary of Commerce shall
    prohibit or otherwise substantially restrict exports to that country of
    goods, technology, and services (excluding agricultural commodities and
    products otherwise subject to control).
        (7) Import Restrictions. Restrictions shall be imposed on the
    importation into the United States of articles (that may include
    petroleum or any petroleum product) that are the growth, product, or
    manufacture of that country.
        (8) Landing Rights. At the earliest practicable date, the Secretary
    of State shall terminate, in a manner consistent with international law,
    the authority of any air carrier that is controlled in fact by the
    government of that country to engage in air transportation (as defined
    in section 101(10) of the Federal Aviation Act of 1958 (49 U.S.C. App.
    1301(10)).
        Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or 5
    of this order shall remain in force until the Secretary of State
    determines that lifting any sanction is in the foreign policy or
    national security interests of the United States or, as to sanctions
    under section 4 of this order, until the Secretary has made the
    determination under section 4(c).
        Sec. 7. Implementation. The Secretary of State, the Secretary of the
    Treasury, and the Secretary of Commerce are hereby authorized and
    directed to take such actions, including the promulgation of rules and
    regulations, as may be necessary to carry out the purposes of this
    order. These actions, and

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    in particular those in sections 4 and 5 of this order, shall be made in
    consultation with the Secretary of Defense and, as appropriate, other
    agency heads and shall be implemented in accordance with procedures
    established pursuant to Executive Order No. 12851. The Secretary
    concerned may redelegate any of these functions to other officers in
    agencies of the Federal Government. All heads of departments and
    agencies of the United States Government are directed to take all
    appropriate measures within their authority to carry out the provisions
    of this order, including the suspension or termination of licenses or
    other authorizations.
        Sec. 8. Preservation of Authorities. Nothing in this order is
    intended to affect the continued effectiveness of any rules,
    regulations, orders, licenses, or other forms of administrative action
    issued, taken, or continued in effect heretofore or hereafter under the
    authority of the International Economic Emergency Powers Act, the Export
    Administration Act, the Arms Export Control Act, the Nuclear Non-
    proliferation Act, Executive Order No. 12730 of September 30, 1990,
    Executive Order No. 12735 of November 16, 1990, Executive Order No.
    12924 of August 18, 1994, and Executive Order No. 12930 of September 29,
    1994.
        Sec. 9. Judicial Review. This order is not intended to create, nor
    does it create, any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its agencies,
    officers, or any other person.
        Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930.
    Executive Order No. 12735 of November 16, 1990, and Executive Order No.
    12930 of September 29, 1994, are hereby revoked.
        Sec. 11. Effective Date. This order is effective immediately.
        This order shall be transmitted to the Congress and published in the
    Federal Register.
                                                William J. Clinton
    The White House,
    November 14, 1994.

    [Filed with the Office of the Federal Register, 3:16 p.m., November 14,
    1994]

    Note: This Executive order was published in the Federal Register on
    November 15.