[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superseded by legislation, and expands certain existing authorizations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.