Proliferation of Weapons of Mass Destruction

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.
    L  (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.
    L  (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.
    L  (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.
    L  (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)).
    L  (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.

    L  (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:

L  (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
L  (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.

    (Presidential Sig.)

THE WHITE HOUSE,

    July 28, 1998.