[Weekly Compilation of Presidential Documents Volume 34, Number 31 (Monday, August 3, 1998)]
[Pages 1522-1523]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the Congress on the Expansion of the Executive Order on 
Proliferation of Weapons of Mass Destruction

July 28, 1998

To the Congress of the United States:

    On November 14, 1994, in light of the danger of the proliferation of 
nuclear, biological, and chemical weapons (weapons of mass destruction) 
and of the means of delivering such weapons, using my authority under 
the International Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.), I declared a national emergency and issued Executive Order 12938. 
Because the proliferation of weapons of mass destruction continues to 
pose an unusual and extraordinary threat to the national security, 
foreign policy, and economy of the United States, I have renewed the 
national emergency declared in Executive Order 12938 annually, most 
recently on November 14, 1997. Pursuant to section 204(b) of the 
International Emergency Economic Powers Act (50 U.S.C. 1703(b)), I 
hereby report to the Congress that I have exercised my statutory 
authority to issue an Executive order to amend Executive Order 12938 in 
order to more effectively to respond to the worldwide threat of weapons 
of mass destruction proliferation activities.
    The amendment of section 4 of Executive Order 12938 strengthens the 
original Executive order in several significant ways.
    First, the amendment broadens the type of proliferation activity 
that is subject to potential penalties. Executive Order 12938 covers 
contributions to the efforts of any foreign country, project, or entity 
to use, acquire, design, produce, or stockpile chemical or biological 
weapons (CBW). This amendment adds potential penalties for contributions 
to foreign programs for nuclear weapons and missiles capable of 
delivering weapons of mass destruction. For example, the new amendment 
authorizes the imposition of measures against foreign entities that 
materially assist Iran's missile program.
    Second, the amendment lowers the requirements for imposing 
penalties. Executive Order 12938 required a finding that a foreign 
person ``knowingly and materially'' contributed to a foreign CBW 
program. The amendment removes the ``knowing'' requirement as a basis 
for determining potential penalties. Therefore, the Secretary of State 
need only determine that the foreign person made a ``material'' 
contribution to a weapons of mass destruction or missile program to 
apply the specified sanctions. At the same time, the Secretary of State 
will have discretion regarding the scope of sanctions so that a truly 
unwitting party will not be unfairly punished.
    Third, the amendment expands the original Executive order to include 
``attempts'' to contribute to foreign proliferation activities, as well 
as actual contributions. This will allow imposition of penalties even in 
cases where foreign persons make an unsuccessful effort to contribute to 
weapons of mass destruction and missile programs or where authorities 
block a transaction before it is consummated.
    Fourth, the amendment expressly expands the range of potential 
penalties to include the prohibition of United States Government 
assistance to the foreign person, as well as United States Government 
procurement and imports into the United States, which were specified by 
the original Executive order. Moreover, section 4(b) broadens the scope 
of the United States Government procurement limitations to include a bar 
on the procurement of technology, as well as goods or services from any 
foreign person described in section 4(a). Section 4(d) broadens the 
scope of import limitations to include a bar on imports of any 
technology or services produced or provided by any foreign person 
described in section 4(a).

[[Page 1523]]

    Finally, this amendment gives the United States Government greater 
flexibility and discretion in deciding how and to what extent to impose 
penalties against foreign persons that assist proliferation programs. 
This provision authorizes the Secretary of State, who will act in 
consultation with the heads of other interested agencies, to determine 
the extent to which these measures should be imposed against entities 
contributing to foreign weapons of mass destruction or missile programs. 
The Secretary of State will act to further the national security and 
foreign policy interests of the United States, including principally our 
nonproliferation objectives. Prior to imposing measures pursuant to this 
provision, the Secretary of State will take into account the likely 
effectiveness of such measures in furthering the interests of the United 
States and the costs and benefits of such measures. This approach 
provides the necessary flexibility to tailor our responses to specific 
situations.
    I have authorized these actions in view of the danger posed to the 
national security and foreign policy of the United States by the 
continuing proliferation of weapons of mass destruction and their means 
of delivery. I am enclosing a copy of the Executive order that I have 
issued exercising these authorities.
                                            William J. Clinton
The White House,
July 28, 1998.