[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Presidential Documents]
[Pages 34703-34704]
From the Federal Register Online via the Government Printing 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