THE WHITE HOUSE

Office of the Press Secretary

EXECUTIVE ORDER 13094

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.

          (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 the Federal Register.

WILLIAM J. CLINTON

                                   THE WHITE HOUSE,
                                   July 28, 1998.

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