Presidential Documents

40803

Federal Register

Vol. 63, No. 146

Thursday, July 30, 1998

Title 3—

The President

Executive Order 13094 of July 28, 1998

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.

(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.
40804 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Presidential Documents

(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

[FR Doc. 98–20590

the 

THE WHITE HOUSE,

July 28, 1998.

Federal Register.

œ–

Filed 7–29–98; 10:40 am]

Billing code 3195–01–P