[Executive Orders]
Administration of Proliferation Sanctions, Middle East Arms
Control, and Related Congressional Reporting Responsibilities
Executive Order EO 12851
June 11, 1993
ADMINISTRATION OF PROLIFERATION SANCTIONS, MIDDLE EAST ARMS
CONTROL, AND RELATED CONGRESSIONAL REPORTING RESPONSIBILITIES
THE WHITE HOUSE
Office of the Press Secretary
_______________________________________________________________
For Immediate Release June 11, 1993
EXECUTIVE ORDER
#12851
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ADMINISTRATION OF PROLIFERATION SANCTIONS,
MIDDLE EAST ARMS CONTROL, AND RELATED CONGRESSIONAL
REPORTING RESPONSIBILITIES
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 301 of title 3, United States Code,
sections 1701-1703 of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510 (50 U.S.C. App. 2402
note, 2405, 2410b; 22 U.S.C. 2797-2797c); sections 303, 324,
and 401-405 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993, Public Law 102-138; sections 305-308 of
the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991, Public Law 102-182 (50 U.S.C. App.
2410c; 22 U.S.C. 2798, 5604-5606); sections 241 and 1097 of
the National Defense Authorization Act for Fiscal Years 1992
and 1993, Public Law 102-190, and section 1364 of the National
Defense Authorization Act for Fiscal Year 1993, Public
Law 102-484, I hereby order as follows:
Section 1. Chemical and Biological Weapons Proliferation
and Use Sanctions. (a) Chemical and Biological Weapons
Proliferation. The authority and duties vested in me by
section 81 of the Arms Export Control Act, as amended ("AECA")
(22 U.S.C. 2798), and section 11C of the Export Administration
Act of 1979, as amended ("EAA") (50 U.S.C. App. 2410c), are
delegated to the Secretary of State, except that:
(1) The authority and duties vested in me to deny
certain United States Government contracts, as
provided in section 81(c)(1)(A) of the AECA and
section 11C(c)(1)(A) of the EAA, pursuant to a
determination made by the Secretary of State under
section 81(a)(1) of the AECA or section 11C(a)(1)
of the EAA, as well as the authority and duties
vested in me to make the determinations provided for
in section 81(c)(2) of the AECA and section 11C(c)(2)
of the EAA are delegated to the Secretary of Defense.
The Secretary of Defense shall notify the Secretary
of the Treasury of determinations made pursuant to
section 81(c)(2) of the AECA and section 11(c)(2) of
the EAA.
(2) The authority and duties vested in me to prohibit
certain imports as provided in section 81(c)(1)(B)
of the AECA and section 11C(c)(1)(B) of the EAA,
pursuant to a determination made by the Secretary
of State under section 81(a)(1) of the AECA or
section 11C(a)(1) of the EAA, and the obligation to
implement the exceptions provided in section 81(c)(2)
of the AECA and section 11C(c)(2) of the EAA, insofar
as the exceptions affect imports of goods into the
United States, are delegated to the Secretary of the
Treasury.
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(b) Chemical and Biological Weapons Use. The authority
and duties vested in me by sections 306-308 of the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991
(22 U.S.C. 5604-5606) are delegated to the Secretary of State,
except that:
(1) The authority and duties vested in me to restrict
certain imports as provided in section 307(b)(2)(D),
pursuant to a determination made by the Secretary of
State under section 307(b)(1), are delegated to the
Secretary of the Treasury.
(2) The Secretary of State shall issue, transmit to the
Congress, and notify the Secretary of the Treasury
of, as appropriate, waivers based upon findings made
pursuant to section 307(d)(1)(A)(ii).
(3) The authority and duties vested in me to prohibit
certain exports as provided in section 307(a)(5) and
section 307(b)(2)(C), pursuant to a determination made
by the Secretary of State under section 306(a)(1) and
section 307(b)(1), are delegated to the Secretary of
Commerce.
(c) Coordination Among Agencies. The Secretaries
designated in this section shall exercise all functions
delegated to them by this section in consultation with the
Secretary of State, the Secretary of Defense, the Secretary of
the Treasury, the Secretary of Commerce, the Director of the
Arms Control and Disarmament Agency, and other departments and
agencies as appropriate, utilizing the appropriate interagency
groups prior to any determination to exercise the prohibition
authority delegated hereby.
Sec. 2. Missile Proliferation Sanctions. (a) Arms
Export Control Act. The authority and duties vested in me by
sections 72-73 of the AECA (22 U.S.C. 2797a-2797b) are delegated
to the Secretary of State, except that:
(1) The authority and duties vested in me by
section 72(a)(1) to make determinations with
respect to violations by United States persons of
the EAA are delegated to the Secretary of Commerce.
(2) The authority and duties vested in me to deny certain
United States Government contracts as provided in
sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant
to a determination made by the Secretary of State
under section 73(a)(1), as well as the authority
and duties vested in me to make the findings provided
in sections 72(c), 73(f), and 73(g)(l), are delegated
to the Secretary of Defense. The Secretary of State
shall issue, transmit to the Congress and notify the
Secretary of the Treasury of, as appropriate, any
waivers based upon findings made pursuant to
section 72(c) and 73(f).
(3) The authority and duties vested in me to prohibit
certain imports as provided in section 73(a)(2)(C),
pursuant to a determination made by the Secretary
of State under that section, and the obligation to
implement the exceptions provided in section 73(g),
are delegated to the Secretary of the Treasury.
(b) Export Administration Act. The authority and duties
vested in me by section 11B of the EAA (50 U.S.C. App. 2410b)
are delegated to the Secretary of Commerce, except that:
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(1) The authority and duties vested in me by
sections 11B(a)(1)(A) (insofar as such section
authorizes determinations with respect to violations
by United States persons of the AECA), 11B(b)(1)
(insofar as such section authorizes determinations
regarding activities by foreign persons), and
11B(b)(5) are delegated to the Secretary of State.
(2) The authority and duties vested in me to make the
findings provided in sections 11B(a)(3), 11B(b)(6),
and 11B(b)(7)(A) are delegated to the Secretary of
Defense. The Secretary of Commerce shall issue,
transmit to the Congress, and notify the Secretary of
the Treasury of, as appropriate, waivers based upon
findings made pursuant to sections 11B(a)(3). The
Secretary of State shall issue, transmit to the
Congress, and notify the Secretary of the Treasury
of, as appropriate, waivers based upon findings made
pursuant to 11B(b)(6).
(3) The authority and duties vested in me to prohibit
certain imports as provided in section 11B(b)(l),
pursuant to a determination by the Secretary of State
under that section, and the obligation to implement
the exceptions provided in section 11B(b)(7), are
delegated to the Secretary of the Treasury.
(c) Reporting Requirements. The authority and duties
vested in me to make certain reports to the Congress as provided
in section 1097 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 and section 1364 of the National
Defense Authorization Act for Fiscal Year 1993 are delegated to
the Secretary of State.
(d) Coordination Among Agencies. The Secretaries
designated in this section shall exercise all functions
delegated to them by this section in consultation with the
Secretary of State, the Secretary of Defense, the Secretary of
the Treasury, the Secretary of Commerce, the Director of the
Arms Control and Disarmament Agency, and other departments and
agencies as appropriate, utilizing the appropriate interagency
groups prior to any determination to exercise prohibition
authority delegated hereby.
Sec. 3. Arms Control in the Middle East. The
certification and reporting functions vested in me by
sections 403 and 404 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993, are delegated to the Secretary
of State. The Secretary of State shall exercise these functions
in consultation with the Secretary of Defense and other agencies
as appropriate.
Sec. 4. China and Weapons Proliferation. The reporting
functions regarding China and weapons proliferation vested in
me by sections 303(a)(2) and 324 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993, are delegated to
the Secretary of State. The Secretary of State shall exercise
these functions in consultation with the Secretary of Defense
and other agencies as appropriate.
Sec. 5. Arrow Tactical Anti-Missile Program. The
authority and duties vested in me to make certain certifications
as provided by section 241(b)(3)(C) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 are delegated
to the Secretary of State.
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Sec. 6. Delegations. The functions delegated herein may
be redelegated as appropriate. Regulations necessary to carry
out the functions delegated herein may be issued as appropriate.
Sec. 7. Priority. This order supercedes the Memorandum
of the President, "Delegation of Authority Regarding Missile
Technology Proliferation," June 25, 1991. To the extend that
this order is inconsistent with any provisions of any prior
Executive order or Presidential memorandum, this order shall
control.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 11, 1993.
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