[Federal Register: November 16, 1994]
Federal Register
Vol. 59, No. 220
Wednesday, November 16, 1994
____________________________________________________________________
Title 3--
The President
Executive Order 12938 of November 14, 1994
Proliferation of Weapons of Mass Destruction
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.
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 medical 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 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.
(Presidential Sig.) <Clinton1>><Clinton2>
THE WHITE HOUSE,
November 14, 1994.
[FR Doc. 94-28487
Filed 11-14-94; 3:16 pm]
Billing code 3195-01-P