THE WHITE HOUSE
Office of the Press Secretary
_______________________________________________________________
For Immediate Release November 15, 1996
TEXT OF A LETTER FROM
THE PRESIDENT TO THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES AND
THE PRESIDENT OF THE SENATE
November 15, 1996
Dear Mr. Speaker: (Dear Mr. President:)
In order to take additional steps with respect to the
national emergency described and declared in Executive
Order 12924 of August 19, 1994, and continued on August 15,
1995, and August 14, 1996, necessitated by the expiration of
the Export Administration Act (EAA) on August 20, 1994, I hereby
report to the Congress that pursuant to section 204(b) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(b)
(the "Act"), I have today exercised the authority granted by the
Act to issue an Executive order (a copy of which is attached) to
revise the provisions that apply to the administration of the
export control system maintained by Department of Commerce in
the Export Administration Regulations, 15 CFR Part 730 et seq.
The new Executive order relates to my decision to transfer
certain encryption products from the United States Munitions
List administered by the Department of State to the Commerce
Control List administered by the Department of Commerce.
When I made that decision I also decided to amend Executive
Order 12981 of December 5, 1995, which sets forth procedures
for the interagency review and disposition of dual-use export
license applications, to include the Department of Justice
among the agencies that have the opportunity to review such
applications with respect to encryption products transferred
to Department of Commerce control.
Also, in issuing the new order, I provided for appropriate
controls on the export and foreign dissemination of encryption
products transferred to the Department of Commerce. Among
other provisions, I determined that the export of encryption
products transferred to Department of Commerce control could
harm national security and foreign policy interests of the
United States even where comparable products are or appear to
be available from foreign sources. Accordingly, the new order
makes clear that any EAA provision dealing with issuance of
licenses or removal of controls based on foreign availability
considerations shall not apply with respect to export controls
on such encryption products. Notwithstanding this, the
Secretary of Commerce retains the discretion to consider the
foreign availability of comparable encryption products in any
particular case.
Sincerely,
WILLIAM J. CLINTON