[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
                                   - - - - - - -
       
                    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.
       
                                       more
       
                                                                (OVER)
       
         

                                     2
       
              (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:
       
                                       more
       
         

                                     3
       
              (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.
       
                                       more
       
                                                                (OVER)
         

                                     4
       
              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.
       
       
       
       
                                       # # #