July 28, 1998
TO THE CONGRESS OF THE UNITED STATES:
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________
For Immediate Release 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.
more
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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).
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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