[Executive Orders]
The White House
Office of the Press Secretary
________________________________________________________________
For Immediate Release November 14, 1994
Executive Order
#12938
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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 controlany
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.
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(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 ona
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 orderor 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 procurementof,
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
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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 ofthe
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 orissue
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.
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(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 sanctionis 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.
William J. Clinton
The White House,
November 14, 1994.
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