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Proliferation Of Weapons Of Mass Destruction



                                  The White House 

                           Office of the Press Secretary 

         ________________________________________________________________ 
         For Immediate Release                         November 14, 1994 


                                  Executive Order 
                                      #12938 
                                   - - - - - - - 

                    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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