necessary to meet U.S. operational military requirements or requirements under defense production agreements, sole source suppliers, spare parts, components, routine servicing and maintenance of products, and medical and humanitarian items. They may provide exemptions for contracts in existence on the date of this order under appropriate circumstances. Sec. 5. Sanctions Against Foreign Countries. (a) Sanctions shall be imposed on foreign countries with respect to chemical and biological weapons proliferation, as specified in subsections (b) and (c). (b) The Secretary of State shall determine whether any foreign country has, on or after the effective date of this order, (1) used chemical or biological weapons in violation of international law; or (2) made substantial preparations to use chemical or biological weapons in violation of international law; or (3) developed, produced, or stockpiled chemical or biological weapons in violation of international law. (c) The following sanctions shall be imposed on any foreign country identified in subsection (b)(1) unless the Secretary of State determines that any individual sanction should not be applied due to significant foreign policy or national security reasons. The sanctions specified in this section may be made applicable to the countries identified in subsection (b)(2) or (b)(3) when the Secretary of State determines that such action will further the objectives of this order pertaining to proliferation. The sanctions specified in subsection (c)(2) below shall be imposed with the concurrence of the Secretary of the Treasury. (1) Foreign Assistance. No assistance shall be provided to that country under the Foreign Assistance Act of 1961 or the Arms Export Control Act other than assistance that is intended to benefit the people of that country directly and that is not channeled through governmental agencies or entities of that country. (2) Multilateral Development Bank Assistance. The United States shall oppose any loan or financial or technical assistance to that country by international financial institutions in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d).3 (3) Denial of Credit or Other Financial Assistance. The United States shall deny to that country any credit or financial assistance by any department, agency, or instrumentality of the United States Government. (4) Prohibition on Arms Sales. The United States Government shall not, under the Arms Export Control Act, sell to that country any defense articles or defense services or issue any license for the export of items on the United States Munitions List. (5) Exports of National Security-Sensitive Goods and Technology. No exports shall be permitted of any goods or technologies controlled for national security reasons under Export Administration Regulations. 3 For text, see Legislation on Foreign Relations Through 1993, vol. III, sec. I. (6) Further Export Restrictions. The Secretary of Commerce shall prohibit or otherwise substantially restrict exports to that country of goods, technology, and services (excluding agricultural commodities and products otherwise subject to control). (7) Import Restrictions. Restrictions shall be imposed on the importation into the United States of articles (which may include petroleum or any petroleum product) that are the growth, product, or manufacture of that country. (8) Landing Rights. At the earliest practicable date, the Secretary of State shall terminate, in a manner consistent with international law, the authority of any air carrier that is controlled in fact by the government of that country to engage in air transportation (as defined in section 101(10) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(1)). Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or 5 shall remain in force until the Secretary of State determines that lifting any sanctions is in the foreign policy or national security interests of the United States or, as to sanctions under section 4, until the Secretary has made the determination under section 4(b)(4). Sec. 7. Implementation. The Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce are hereby authorized and directed to take such actions, including the promulgation of rules and regulations, as may be necessary to carry out the purposes of this order. These actions, and in particular those in sections 4 and 5, shall be made in consultation with the Secretary of Defense and, as appropriate, other agency heads. The Secretary concerned may redelegate any of these functions to other officers in agencies of the Federal Government. All heads of departments and agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of this order, including the suspension or termination of licenses or other authorizations. Sec. 8. Judicial Review. This order is not intended to crate, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, or any other person. Sec. 9. Effective Date. This order is effective immediately. This order shall be transmitted to the Congress and published in the Federal Register. 15. Measures to Restrict the Participation by United States Persons in Weapons Proliferation Activities Executive Order 12868, September 30, 1993, 58 F.R. 51749 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3 of the United States Code, I, WILLIAM J. CLINTON, President of the United States of America, find that the proliferation of nuclear, biological and chemical weapons, and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat. Accordingly, in light of the revocation of Executive Order No. 12730 of September 30, 1990, and in order to limit the participation by United States persons in weapons proliferation activities, it is hereby ordered as follows: Section 1. The Secretary of Commerce, in consultation with the Secretary of State, is hereby authorized and directed to take such actions, including the promulgation of rules, regulations, and amendments thereto, as may be necessary to continue to regulate the activities of United States persons in order to prevent their participation in activities that could contribute to the proliferation of weapons of mass destruction and the means of their delivery, as provided in the Export Administration Regulations, set forth at 15 CFR sections 768-799 (1993). Sec. 2. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under the authority of the Export Administration Act, or the authorities provided under Executive Order No. 12730 of September 30, 1990, and Executive Order No. 12735 of November 16, 1990. Sec. 3. This order shall take effect immediately. b. National Emergencies Act, as amended (Public Law 94-412).. 1373 1378 d. Authorization for Use of Military Force in Somalia (Public Law 103- 1380 e. U.S. Armed Forces in Somalia (Public Law 103–160) (partial text). 1382 1384 (1) Multinational Force in Lebanon Resolution (Public Law 98- 1384 (2) Agreement Between the United States and Lebanon Regard- 1388 2. Cuban Resolution (Public Law 87-733). 1391 1392 a. Resolution To Promote Peace and Stability in the Middle East b. Multinational Force and Observers Participation Resolution (Public c. Multinational Force and Observers Reports (Executive Order 12361).. 1392 1394 1399 1400 4. Tonkin Gulf Resolution (Public Law 88-408) (repealed). 1402 1404 1405 a. Cooperative Agreements With NATO Allies and Other Countries 1405 b. Reaffirming the United States Commitment to the North Atlantic 1426 c. Reaffirming the Unity of the North Atlantic Alliance Commitment 1427 7. Taiwan Relations 1428 a. Taiwan Relations Act (Public Law 96-8). 1428 b. Maintaining Unofficial Relations with the People of Taiwan (Execu- 1438 8. Panama Canal 1441 a. Panama Canal Act of 1979 (Public Law 96-70). 1441 b. Panama Canal Commission Authorization-Fiscal Year 1994 (Public 1499 c. Panama Canal Commission Authorization-Fiscal Year 1993 (Public 1501 d. Panama Canal Commission Authorization-Fiscal Year 1992 (Public 1504 e. Panama Canal Commission Authorization-Fiscal Year 1991 (Public 1507 |