[Weekly Compilation of Presidential Documents Volume 34, Number 31 (Monday, August 3, 1998)]
[Pages 1520-1522]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13094--Proliferation of Weapons of Mass Destruction
July 28, 1998
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.
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(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.
(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.
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(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton
The White House,
July 28, 1998.
[Filed with the Office of the Federal Register, 10:40 a.m., July 29,
1998]
Note: This Executive order was published in the Federal Register on July
30.