[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.