EO 13094c - Message to Congress
[Weekly Compilation of Presidential Documents]
From the 1998 Presidential Documents Online via GPO Access [frwais.access.gpo.gov]
[DOCID:pd03au98_txt-20]
[Page 1522-1523]
Monday, August 3, 1998
Volume 34--Number 31
Pages 1483-1552
Week Ending Friday, July 31, 1998
Message to the Congress on the Expansion of the Executive Order on
Proliferation of Weapons of Mass Destruction
July 28, 1998
To the Congress of the United States:
On November 14, 1994, in light of the danger of the proliferation of
nuclear, biological, and chemical weapons (weapons of mass destruction)
and of the means of delivering such weapons, using my authority under
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), I declared a national emergency and issued Executive Order 12938.
Because the proliferation of weapons of mass destruction continues to
pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, I have renewed the
national emergency declared in Executive Order 12938 annually, most
recently on November 14, 1997. Pursuant to section 204(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1703(b)), I
hereby report to the Congress that I have exercised my statutory
authority to issue an Executive order to amend Executive Order 12938 in
order to more effectively to respond to the worldwide threat of weapons
of mass destruction proliferation activities.
The amendment of section 4 of Executive Order 12938 strengthens the
original Executive order in several significant ways.
First, the amendment broadens the type of proliferation activity
that is subject to potential penalties. Executive Order 12938 covers
contributions to the efforts of any foreign country, project, or entity
to use, acquire, design, produce, or stockpile chemical or biological
weapons (CBW). This amendment adds potential penalties for contributions
to foreign programs for nuclear weapons and missiles capable of
delivering weapons of mass destruction. For example, the new amendment
authorizes the imposition of measures against foreign entities that
materially assist Iran's missile program.
Second, the amendment lowers the requirements for imposing
penalties. Executive Order 12938 required a finding that a foreign
person ``knowingly and materially'' contributed to a foreign CBW
program. The amendment removes the ``knowing'' requirement as a basis
for determining potential penalties. Therefore, the Secretary of State
need only determine that the foreign person made a ``material''
contribution to a weapons of mass destruction or missile program to
apply the specified sanctions. At the same time, the Secretary of State
will have discretion regarding the scope of sanctions so that a truly
unwitting party will not be unfairly punished.
Third, the amendment expands the original Executive order to include
``attempts'' to contribute to foreign proliferation activities, as well
as actual contributions. This will allow imposition of penalties even in
cases where foreign persons make an unsuccessful effort to contribute to
weapons of mass destruction and missile programs or where authorities
block a transaction before it is consummated.
Fourth, the amendment expressly expands the range of potential
penalties to include the prohibition of United States Government
assistance to the foreign person, as well as United States Government
procurement and imports into the United States, which were specified by
the original Executive order. Moreover, section 4(b) broadens the scope
of the United States Government procurement limitations to include a bar
on the procurement of technology, as well as goods or services from any
foreign person described in section 4(a). Section 4(d) broadens the
scope of import limitations to include a bar on imports of any
technology or services produced or provided by any foreign person
described in section 4(a).
[[Page 1523]]
Finally, this amendment gives the United States Government greater
flexibility and discretion in deciding how and to what extent to impose
penalties against foreign persons that assist proliferation programs.
This provision authorizes the Secretary of State, who will act in
consultation with the heads of other interested agencies, to determine
the extent to which these measures should be imposed against entities
contributing to foreign weapons of mass destruction or missile programs.
The Secretary of State will act to further the national security and
foreign policy interests of the United States, including principally our
nonproliferation objectives. Prior to imposing measures pursuant to this
provision, the Secretary of State will take into account the likely
effectiveness of such measures in furthering the interests of the United
States and the costs and benefits of such measures. This approach
provides the necessary flexibility to tailor our responses to specific
situations.
I have authorized these actions in view of the danger posed to the
national security and foreign policy of the United States by the
continuing proliferation of weapons of mass destruction and their means
of delivery. I am enclosing a copy of the Executive order that I have
issued exercising these authorities.
William J. Clinton
The White House,
July 28, 1998.
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