20 August 1997
Source: http://library.whitehouse.gov/library-plain.cgi?request=ExecutiveOrder

                        THE WHITE HOUSE 

                 Office of the Press Secretary 

_______________________________________________________________ 

For Immediate Release                             June 11, 1993 



                        EXECUTIVE ORDER 
                            #12851 
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          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. 

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    (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)(l), 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 
         section 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: 

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    (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 sections 11B(a)(3).  The 
         Secretary of State shall issue, transmit to the 
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  Congress, and notify the Secretary of the Treasury 
         of, as appropriate, waivers based upon findings made 
         pursuant to 11B(b)(6). 

    (3)  The authority and duties vested in me to prohibit 
         certain imports as provided in section 11B(b)(l), 
         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. 

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    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 extend 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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