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Executive Order 13128

Issued by William J. Clinton on Friday 25 June 1999


Implementation of the Chemical Weapons Convention and the Chemical Weapons Convention Implementation Act

Federal Register, Volume 64 Issue 123 (Monday, June 28, 1999)

[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Presidential Documents]
[Pages 34703-34704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16634]



[[Page 34701]]


_______________________________________________________________________

Part II





The President





_______________________________________________________________________



Executive Order 13128--Implementation of the Chemical Weapons 
Convention and the Chemical Weapons Convention Implementation Act


                        Presidential Documents 



[[Page 34703]]



Federal Register / Vol. 64, No. 123 / Monday, June 28, 1999 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President
                Executive Order 13128 of June 25, 1999

                
Implementation of the Chemical Weapons Convention 
                and the Chemical Weapons Convention Implementation Act

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Chemical Weapons Convention 
                Implementation Act of 1998 (as enacted in Division I of 
                Public Law 105-277) (the Act), the International 
                Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
                the National Emergencies Act (50 U.S.C. 1601 et seq.), 
                and section 301 of title 3, United States Code, and in 
                order to facilitate implementation of the Act and the 
                Convention on the Prohibition of the Development, 
                Production, Stockpiling and Use of Chemical Weapons and 
                on Their Destruction (the ``Convention''), it is hereby 
                ordered as follows:

                Section 1. The Department of State shall be the United 
                States National Authority (the ``USNA'') for purposes 
                of the Act and the Convention.

                Sec. 2. The USNA shall coordinate the implementation of 
                the provisions of the Act and the Convention with an 
                interagency group consisting of the Secretary of 
                Defense, the Attorney General, the Secretary of 
                Commerce, the Secretary of Energy, and the heads of 
                such other agencies or departments, or their designees, 
                I may consider necessary or advisable.

                Sec. 3. The Departments of State and Commerce, and 
                other agencies as appropriate, each shall issue, amend, 
                or revise regulations, orders, or directives as 
                necessary to implement the Act and U.S. obligations 
                under Article VI and related provisions of the 
                Convention. Regulations under section 401(a) of the Act 
                shall be issued by the Department of Commerce by a date 
                specified by the USNA, which shall review and approve 
                these regulations, in coordination with the interagency 
                group designated in section 2 of this order, prior to 
                their issuance.

                Sec. 4. The Secretary of Commerce is authorized:

                    (a) to obtain and execute warrants pursuant to 
                section 305 of the Act for the purposes of conducting 
                inspections of facilities subject to the regulations 
                issued by the Department of Commerce pursuant to 
                section 3 of this order;
                    (b) to suspend or revoke export privileges pursuant 
                to section 211 of the Act; and
                    (c) to carry out all functions with respect to 
                proceedings under section 501(a) of the Act and to 
                issue regulations with respect thereto, except for 
                those functions that the Act specifies are to be 
                performed by the Secretary of State or the USNA.

                Sec. 5. The Departments of State, Defense, Commerce, 
                and Energy, and other agencies as appropriate, are 
                authorized to carry out, consistent with the Act and in 
                accordance with subsequent directives, appropriate 
                functions that are not otherwise assigned in the Act 
                and are necessary to implement the provisions of the 
                Convention and the Act.

                Sec. 6. The Departments of State, Defense, Commerce, 
                and Energy, and other agencies, as appropriate, are 
                authorized to provide assistance to facilities not 
                owned or operated by the U.S. Government, or contracted 
                for use by or for the U.S. Government, in meeting 
                reporting requirements and in preparing the facilities 
                for possible inspection pursuant to the Convention.

[[Page 34704]]

                Sec. 7. The USNA, in coordination with the interagency 
                group designated in section 2 of this order, is 
                authorized to determine whether disclosure of 
                confidential business information pursuant to section 
                404(c) of the Act is in the national interest. 
                Disclosure will not be permitted if contrary to 
                national security or law enforcement needs.

                Sec. 8. 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, as amended by Executive Order 13094 
                of July 30, 1998, section 3 of Executive Order 12938, 
                as amended, is amended to add a new subsection (e) to 
                read as follows:

                    L``(e) the Secretary of Commerce shall impose and 
                enforce such restrictions on the importation of 
                chemicals into the United States as may be necessary to 
                carry out the requirements of the Convention on the 
                Prohibition of the Development, Production, Stockpiling 
                and Use of Chemical Weapons and on Their Destruction.''

                Sec. 9. Any investigation emanating from a possible 
                violation of this order, or of any license, order, or 
                regulation issued pursuant to this order, involving or 
                revealing a possible violation of 18 U.S.C. section 229 
                shall be referred to the Federal Bureau of 
                Investigation (FBI), which shall coordinate with the 
                referring agency and other appropriate agencies. The 
                FBI shall timely notify the referring agency and other 
                appropriate agencies of any action it takes on such 
                referrals.

                Sec. 10. Nothing 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. 11. (a) This order shall take effect at 12:01 a.m. 
                eastern daylight time, June 26, 1999.

                    (b) This order shall be transmitted to the Congress 
                and published in the Federal Register.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    June 25, 1999.

[FR Doc. 99-16634
Filed 6-25-99; 1:33 pm]
Billing code 3195-01-P


Citation: 64 FR 34703
Amends: EO 12938, November 14, 1994
 

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