Proliferation of Weapons of Mass Destruction

This executive order declares a national emergency to counter the proliferation of weapons of mass destruction and their delivery systems. It establishes a comprehensive framework of export controls, sanctions against foreign persons and countries involved in chemical and biological weapons proliferation, and mandates multilateral diplomatic efforts led by the Secretary of State.

Federal Register 59 FR 59099

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Impact dates

Feb 12, 1995
Secretary of Commerce to promulgate rules, regulations, and amendments to regulate U.S. person activities under EAR
Feb 12, 1995
Secretary of State to pursue early negotiations with foreign governments for comparable measures (Section 3(a))
Feb 12, 1995
Implementation actions under Sections 4 and 5 per procedures established pursuant to EO 12851
Nov 14, 1994
Effective date of order and revocation of EO 12735 and EO 12930

Key directives

Secretary of State shall cooperate in and lead multilateral nonproliferation efforts
Secretary of Commerce shall prohibit exports of goods, technology, or services that would assist WMD acquisition
Secretary of Commerce shall require validated licenses and coordinate with State and Defense
Secretary of Commerce shall regulate U.S. person activities to prevent WMD proliferation participation
Secretary of State shall pursue early negotiations for comparable foreign export controls
Sanctions imposed on foreign persons knowingly contributing to chemical/biological weapons efforts on or after November 16, 1990
U.S. government procurement ban and import prohibition on sanctioned foreign persons
Sanctions imposed on foreign countries using, preparing to use, or acquiring chemical/biological weapons in violation of international law
Eight specified sanctions against foreign countries including foreign assistance denial, multilateral bank opposition, credit denial, arms sales prohibition, export restrictions, import restrictions, and landing rights termination
Secretary of State and Treasury may provide exemptions for military requirements, sole source suppliers, spare parts, routine servicing, medical/humanitarian items, and pre-existing contracts

Who is ordered

Timeline

Immediate

Order effective immediately upon signing (November 14, 1994)
Revocation of Executive Orders 12735 and 12930
Export controls under Secretary of Commerce jurisdiction activated
Sanctions framework for foreign persons and countries becomes operative

Near term (90d)

Secretary of Commerce to promulgate rules and regulations to implement export controls
Secretary of State to pursue early negotiations with foreign governments for comparable measures
Agency implementation procedures to be established per Executive Order 12851

Long term

Sanctions remain until Secretary of State determines lifting is in U.S. interests
Ongoing multilateral coordination on nonproliferation
Continued evolution of Export Administration Regulations

Risks & tensions

Vague 'early negotiations' timeline lacks enforceable deadline
Broad discretionary authority ('determines,' 'deemed adequate') concentrated in Secretary of State creates uncertainty for exporters
Retroactive application to November 16, 1990 raises due process concerns for foreign persons
Exemption provisions for 'appropriate circumstances' on pre-existing contracts are vague and could undermine sanctions coherence
Potential tension between sanctions and humanitarian exemptions
Landing rights termination requires consistency with international law, creating legal friction