[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.