[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]]
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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
