CWC Executive Order

federal register

Monday
June 28, 1999

Part II

The President
Executive Order 13128—Implementation of
the Chemical Weapons Convention and
the Chemical Weapons Convention
Implementation Act

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Federal Register

Presidential Documents

Vol. 64, No. 123
Monday, June 28, 1999

Title 3—

Executive Order 13128 of June 25, 1999

The President

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.

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

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

THE WHITE HOUSE,
June 25, 1999.