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THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release June 11, 1993

EXECUTIVE ORDER 12851

               ADMINISTRATION OF PROLIFERATION SANCTIONS,
           MIDDLE EAST ARMS CONTROL, AND RELATED CONGRESSIONAL
                       REPORTING RESPONSIBILITIES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code; sections 1701-1703 of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101-510 (50 U.S.C. App. 2402 note, 2405, 2410b; 22 U.S.C. 2797-2797c); sections 303, 324, and 401-405 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, Public Law 102-138; sections 305-308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, Public Law 102-182 (50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-5606); sections 241 and 1097 of the National Defense Authorization Act for Fiscal Years 1992 and 1993, Public Law 102-190; and section 1364 of the National Defense Authorization Act for Fiscal Year 1993, Public Law 102-484, I hereby order as follows:

Section 1. Chemical and Biological Weapons Proliferation and Use Sanctions. (a) Chemical and Biological Weapons Proliferation. The authority and duties vested in me by section 81 of the Arms Export Control Act, as amended ("AECA") (22 U.S.C. 2798), and section 11C of the Export Administration Act of 1979, as amended ("EAA") (50 U.S.C. App. 2410c), are delegated to the Secretary of State, except that:

     (1)  The authority and duties vested in me to deny 
          certain United States Government contracts, as 
          provided in section 81(c)(1)(A) of the AECA and 
          section 11C(c)(1)(A) of the EAA, pursuant to a 
          determination made by the Secretary of State under 
          section 81(a)(1) of the AECA or section 11C(a)(1) 
          of the EAA, as well as the authority and duties 
          vested in me to make the determinations provided for 
          in section 81(c)(2) of the AECA and section 11C(c)(2) 
          of the EAA are delegated to the Secretary of Defense.  
          The Secretary of Defense shall notify the Secretary 
          of the Treasury of determinations made pursuant to 
          section 81(c)(2) of the AECA and section 11(c)(2) of 
          the EAA.

     (2)  The authority and duties vested in me to prohibit 
          certain imports as provided in section 81(c)(1)(B) 
          of the AECA and section 11C(c)(1)(B) of the EAA, 
          pursuant to a determination made by the Secretary 
          of State under section 81(a)(1) of the AECA or 
          section 11C(a)(1) of the EAA, and the obligation to 
          implement the exceptions provided in section 81(c)(2) 
          of the AECA and section 11C(c)(2) of the EAA, insofar 
          as the exceptions affect imports of goods into the 
          United States, are delegated to the Secretary of the 
          Treasury.

     (b)  Chemical and Biological Weapons Use.  The authority

and duties vested in me by sections 306-308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are delegated to the Secretary of State, except that:

     (1)  The authority and duties vested in me to restrict 
          certain imports as provided in section 307(b)(2)(D), 
          pursuant to a determination made by the Secretary of 
          State under section 307(b)(1), are delegated to the 
          Secretary of the Treasury.

     (2)  The Secretary of State shall issue, transmit to the 
          Congress, and notify the Secretary of the Treasury 
          of, as appropriate, waivers based upon findings made 
          pursuant to section 307(d)(1)(A)(ii).

     (3)  The authority and duties vested in me to prohibit 
          certain exports as provided in section 307(a)(5) and 
          section 307(b)(2)(C), pursuant to a determination made 
          by the Secretary of State under section 306(a)(1) and 
          section 307(b)(1), are delegated to the Secretary of 
          Commerce.

     (c)  Coordination Among Agencies.  The Secretaries

designated in this section shall exercise all functions delegated to them by this section in consultation with the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, the Director of the Arms Control and Disarmament Agency, and other departments and agencies as appropriate, utilizing the appropriate interagency groups prior to any determination to exercise the prohibition authority delegated hereby.

Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control Act. The authority and duties vested in me by sections 72-73 of the AECA (22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except that:

     (1)  The authority and duties vested in me by 
          section 72(a)(1) to make determinations with 
          respect to violations by United States persons of 
          the EAA are delegated to the Secretary of Commerce.

     (2)  The authority and duties vested in me to deny certain 
          United States Government contracts as provided in 
          sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant 
          to a determination made by the Secretary of State 
          under section 73(a)(1), as well as the authority 
          and duties vested in me to make the findings provided 
          in sections 72(c), 73(f), and 73(g)(1), are delegated 
          to the Secretary of Defense.  The Secretary of State 
          shall issue, transmit to the Congress, and notify the 
          Secretary of the Treasury of, as appropriate, any 
          waivers based upon findings made pursuant to 
          sections 72(c) and 73(f).

     (3)  The authority and duties vested in me to prohibit 
          certain imports as provided in section 73(a)(2)(C), 
          pursuant to a determination made by the Secretary 
          of State under that section, and the obligation to 
          implement the exceptions provided in section 73(g), 
          are delegated to the Secretary of the Treasury.

     (b)  Export Administration Act.  The authority and duties

vested in me by section 11B of the EAA (50 U.S.C. App. 2410b) are delegated to the Secretary of Commerce, except that:

     (1)  The authority and duties vested in me by 
          sections 11B(a)(1)(A) (insofar as such section 
          authorizes determinations with respect to violations 
          by United States persons of the AECA), 11B(b)(1) 
          (insofar as such section authorizes determinations 
          regarding activities by foreign persons), and 
          11B(b)(5) are delegated to the Secretary of State.

     (2)  The authority and duties vested in me to make the 
          findings provided in sections 11B(a)(3), 11B(b)(6), 
          and 11B(b)(7)(A) are delegated to the Secretary of 
          Defense.  The Secretary of Commerce shall issue, 
          transmit to the Congress, and notify the Secretary of 
          the Treasury of, as appropriate, waivers based upon 
          findings made pursuant to section 11B(a)(3).  The 
          Secretary of State shall issue, transmit to the 
          Congress, and notify the Secretary of the Treasury 
          of, as appropriate, waivers based upon findings made 
          pursuant to section 11B(b)(6).

     (3)  The authority and duties vested in me to prohibit 
          certain imports as provided in section 11B(b)(1), 
          pursuant to a determination by the Secretary of State 
          under that section, and the obligation to implement 
          the exceptions provided in section 11B(b)(7), are 
          delegated to the Secretary of the Treasury.

     (c)  Reporting Requirements.  The authority and duties

vested in me to make certain reports to the Congress as provided in section 1097 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 and section 1364 of the National Defense Authorization Act for Fiscal Year 1993 are delegated to the Secretary of State.

(d) Coordination Among Agencies. The Secretaries designated in this section shall exercise all functions delegated to them by this section in consultation with the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, the Director of the Arms Control and Disarmament Agency, and other departments and agencies as appropriate, utilizing the appropriate interagency groups prior to any determination to exercise prohibition authority delegated hereby.

Sec. 3. Arms Control in the Middle East. The certification and reporting functions vested in me by sections 403 and 404 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, are delegated to the Secretary of State. The Secretary of State shall exercise these functions in consultation with the Secretary of Defense and other agencies as appropriate.

Sec. 4. China and Weapons Proliferation. The reporting functions regarding China and weapons proliferation vested in me by sections 303(a)(2) and 324 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, are delegated to the Secretary of State. The Secretary of State shall exercise these functions in consultation with the Secretary of Defense and other agencies as appropriate.

Sec. 5. Arrow Tactical Anti-Missile Program. The authority and duties vested in me to make certain certifications as provided by section 241(b)(3)(C) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 are delegated to the Secretary of State.

Sec. 6. Delegations. The functions delegated herein may be redelegated as appropriate. Regulations necessary to carry out the functions delegated herein may be issued as appropriate.

Sec. 7. Priority. This order supercedes the Memorandum of the President, "Delegation of Authority Regarding Missile Technology Proliferation," June 25, 1991. To the extent that this order is inconsistent with any provisions of any prior Executive order or Presidential memorandum, this order shall control.

WILLIAM J. CLINTON

                      THE WHITE HOUSE,
                      June 11, 1993.

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