Department of Commerce?????????
This is supposed to cover US participation in the Convention.
It sure looks like it hands a bunch of power over to the State Department to pretty much do as they please.
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June 25, 1999
EXECUTIVE ORDER
THE WHITE HOUSE
Office of the Press Secretary
_____________________________________________________________
For Immediate Release June 25, 1999
EXECUTIVE ORDER
- - - - - - -
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.
more
(OVER)
2
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.
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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 25, 1999.
# # #
--------------------------------------------------------------------------------
To comment on this service: feedback@www.whitehouse.gov
------------------
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This is supposed to cover US participation in the Convention.
It sure looks like it hands a bunch of power over to the State Department to pretty much do as they please.
--------------------------------------------------------------------------------
June 25, 1999
EXECUTIVE ORDER
THE WHITE HOUSE
Office of the Press Secretary
_____________________________________________________________
For Immediate Release June 25, 1999
EXECUTIVE ORDER
- - - - - - -
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.
more
(OVER)
2
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.
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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 25, 1999.
# # #
--------------------------------------------------------------------------------
To comment on this service: feedback@www.whitehouse.gov
------------------
(!)