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

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### White House Press Release

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

                            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.

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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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