July 28, 1998
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THE WHITE HOUSE
Office of the Press Secretary
_______________________________________________________________
For Immediate Release July 28, 1998
EXECUTIVE ORDER
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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.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act (22
U.S.C. 2751 et seq.) (AECA), and section 301 of title 3, United States
Code,
I, WILLIAM J. CLINTON, President of the United States of America, in
order to take additional steps with respect to the proliferation of weapons
of mass destruction and means of delivering them and the national emergency
described and declared in Executive Order 12938 of November 14, 1994,
hereby order:
Section 1. Amendment of Executive Order 12938.
(a) Section 4 of Executive Order 12938 of
November 14, 1994, is revised to read as follows:
"Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of
Measures. Except to the extent provided in section 203(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)),
where applicable, if the Secretary of State determines that a
foreign person, on or after November 16, 1990, the effective date of
Executive Order 12735, the predecessor order to Executive Order
12938, has materially contributed or attempted to contribute
materially to the efforts of any foreign country, project, or entity
of proliferation concern to use, acquire, design, develop, produce,
or stockpile weapons of mass destruction or missiles capable of
delivering such weapons, the measures set forth in
subsections (b), (c), and (d) of this section shall
be imposed on that foreign person to the extent
determined by the Secretary of State in consultation with the
implementing agency and other relevant agencies. Nothing in this
section is intended to preclude the imposition on that foreign
person of other measures or sanctions available under this order or
under other authorities.
(b) Procurement Ban. No department or agency of the United
States Government may procure, or enter into any contract for the
procurement of, any goods, technology, or services from any foreign
person described in subsection (a) of this section.
(c) Assistance Ban. No department or agency of the United
States Government may provide any assistance to any foreign person
described in subsection (a) of this section, and no such foreign
person shall be eligible to participate in any assistance program of
the United States Government.
2
(d) Import Ban. The Secretary of the Treasury shall
prohibit the importation into the United States of goods,
technology, or services produced or provided by any foreign person
described in subsection (a) of this section, other than information
or informational materials within the meaning of section 203(b)(3)
of the International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).
(e) Termination. Measures pursuant to this section
may be terminated against a foreign person if the Secretary of State
determines that there is reliable evidence that such foreign person
has ceased all activities referred to in subsection (a) of this
section.
(f) Exceptions. Departments and agencies of the
United States Government, acting in consultation with
the Secretary of State, may, by license, regulation, order,
directive, exception, or otherwise, provide for:
(i) Procurement contracts necessary to meet U.S.
operational military requirements or requirements under defense
production agreements; intelligence requirements; sole source
suppliers, spare parts, components, routine servicing and
maintenance of products for the United States Government; and
medical and humanitarian items; and
(ii) Performance pursuant to contracts in force
on the effective date of this order under appropriate
circumstances."
(b) Section 6 of Executive Order 12938 of November 14, 1994, is
amended by deleting "4(c)" and inserting "4(e)" in lieu thereof.
Sec. 2. 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 IEEPA,
AECA, the Nuclear Non-Proliferation Act of 1978, the Nuclear Proliferation
Prevention Act of 1994, the Atomic Energy Act, the Export Administration
Act (50 U.S.C. App. 2401 et seq.), Executive Order 12730 of September 30,
1990, Executive Order 12735 of November 16, 1990, Executive Order 12924 of
August 18, 1994, Executive Order 12930 of September 29, 1994, or Executive
Order 12938 of November 14, 1994.
Sec. 3. Judicial Review. Nothing contained in this order shall
create any right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 4. Effective Date.
(a) This order is effective at 12:01 a.m. eastern daylight time on
July 29, 1998.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 28, 1998.
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