    [Weekly Compilation of Presidential Documents Volume 35, Number 25 (Monday, June 28, 1999)]
    [Pages 1185-1186]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13128--Implementation of the Chemical Weapons Convention
    and the Chemical Weapons Convention Implementation Act

    June 25, 1999

        By the authority vested in me as President by the Constitution and
    the laws of the United States of America, including the Chemical Weapons
    Convention Implementation Act of 1998 (as enacted in Division I of
    Public Law 105-277) (the Act), the International Emergency Economic
    Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,
    and in order to facilitate implementation of the Act and the Convention
    on the Prohibition of the Development, Production, Stockpiling and Use
    of Chemical Weapons and on Their Destruction (the ``Convention''), it is
    hereby ordered as follows:
        Section 1. The Department of State shall be the United States
    National Authority (the ``USNA'') for purposes of the Act and the
    Convention
        Sec. 2. The USNA shall coordinate the implementation of the
    provisions of the Act and the Convention with an interagency group
    consisting of the Secretary of Defense, the Attorney General, the
    Secretary of Commerce, the Secretary of Energy, and the heads of such
    other agencies or departments, or their designees, I may consider
    necessary or advisable.
        Sec. 3. The Departments of State and Commerce, and other agencies as
    appropriate, each shall issue, amend, or revise regulations, orders, or
    directives as necessary to implement the Act and U.S. obligations under
    Article VI and related provisions of the Convention. Regulations under
    section 401(a) of the Act shall be issued by the Department of Commerce
    by a date specified by the USNA, which shall review and approve these
    regulations, in coordination with the interagency group designated in
    section 2 of this order, prior to their issuance.
        Sec. 4. The Secretary of Commerce is authorized:
        (a) to obtain and execute warrants pursuant to section 305 of the
    Act for the purposes of conducting inspections of facilities subject to
    the regulations issued by the Department of Commerce pursuant to section
    3 of this order;
        (b) to suspend or revoke export privileges pursuant to section 211
    of the Act; and
        (c) to carry out all functions with respect to proceedings under
    section 501(a) of the Act and to issue regulations with respect thereto,
    except for those functions that the Act specifies are to be performed by
    the Secretary of State or the USNA.
        Sec. 5. The Departments of State, Defense, Commerce, and Energy, and
    other agencies as appropriate, are authorized to carry out, consistent
    with the Act and in accordance with subsequent directives, appropriate
    functions that are not otherwise assigned in the Act and are necessary
    to implement the provisions of the Convention and the Act.
        Sec. 6. The Departments of State, Defense, Commerce, and Energy, and
    other agencies, as appropriate, are authorized to provide assistance to
    facilities not owned or operated by the U.S. Government, or contracted
    for use by or for the U.S. Government, in meeting reporting requirements
    and in preparing the facilities for possible inspection pursuant to the
    Convention.
        Sec. 7. The USNA, in coordination with the interagency group
    designated in section 2 of this order, is authorized to determine
    whether disclosure of confidential business information pursuant to
    section 404(c) of the Act is in the national interest. Disclosure will
    not be permitted if contrary to national security or law enforcement
    needs.
        Sec. 8. In order to take additional steps with respect to the
    proliferation of weapons of mass destruction and means of delivering
    them and the national emergency described and declared in Executive
    Order 12938 of November 14, 1994, as amended by Executive Order 13094 of
    July 30, 1998, section 3 of Executive Order 12938, as amended, is
    amended to add a new subsection (e) to read as follows:
      ``(e) the Secretary of Commerce shall impose and enforce such
        restrictions on the importation of chemicals into the United States
        as may be necessary to carry out the requirements of the Convention
        on the

    [[Page 1186]]

        Prohibition of the Development, Production, Stockpiling and Use of
        Chemical Weapons and on Their Destruction.''
        Sec. 9. Any investigation emanating from a possible violation of
    this order, or of any license, order, or regulation issued pursuant to
    this order, involving or revealing a possible violation of 18 U.S.C.
    section 229 shall be referred to the Federal Bureau of Investigation
    (FBI), which shall coordinate with the referring agency and other
    appropriate agencies. The FBI shall timely notify the referring agency
    and other appropriate agencies of any action it takes on such referrals.
        Sec. 10. Nothing in this order shall create any right or benefit,
    substantive or procedural, enforceable by any party against the United
    States, its agencies or instrumentalities, its officers or employees, or
    any other person.
        Sec. 11. (a) This order shall take effect at 12:01 a.m. eastern
    daylight time, June 26, 1999.
        (b) This order shall be transmitted to the Congress and published in
    the Federal Register.
                                                William J. Clinton
    The White House,
    June 25, 1999.

    [Filed with the Office of the Federal Register, 1:33 p.m., June 25,
    1999]

    Note. This Executive order was published in the Federal Register on June
    28.