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EO 13094Executive OrderClinton · D Quiet signal

Executive Order 13094

Proliferation of Weapons of Mass Destruction

This executive order amends Executive Order 12938 to strengthen sanctions against foreign persons who materially contribute to weapons of mass destruction proliferation. It replaces the previous penalty structure with a new Section 4 that imposes procurement bans, assistance bans, and import bans on such persons, with determinations made by the Secretary of State in consultation with relevant agencies, and includes exceptions for military, intelligence, and humanitarian needs.

Federal Register Open PDF 63 FR 40803

Impact dates

  1. EO effective at 12:01 a.m. EDT

Key directives

  • Revise Section 4 of EO 12938 to establish new sanctions framework
  • Secretary of State determines foreign persons contributing to WMD proliferation
  • Impose procurement ban on designated foreign persons
  • Impose assistance ban on designated foreign persons
  • Secretary of Treasury prohibits importation of goods/technology/services from designated persons
  • Exceptions allowed for military operations, intelligence, sole source suppliers, spare parts, maintenance, medical and humanitarian items
  • Performance of pre-existing contracts may continue under appropriate circumstances
  • Terminate measures if reliable evidence of cessation of proliferation activities
  • Technical amendment: replace '4(c)' with '4(e)' in Section 6 of EO 12938

Who is ordered

Timeline

Immediate

  • EO effective 12:01 a.m. EDT July 29, 1998
  • New sanctions authority active for Secretary of State determinations

Near term (90d)

  • Potential first determinations and designations under revised Section 4
  • Agency implementation of procurement/assistance/import bans

Long term

  • Ongoing application of sanctions regime against proliferators
  • Potential cumulative effect on global WMD-related trade and technology transfer

Risks & tensions

  • Vague standard: 'materially contributed' and 'proliferation concern' leave broad discretion to Secretary of State
  • 'To the extent determined by the Secretary of State' creates flexible but potentially inconsistent application
  • Exception provisions (sole source, spare parts, routine servicing) could create enforcement gaps
  • No due process or appeal mechanism specified for designated foreign persons
  • Interaction with existing sanctions regimes under multiple authorities (IEEPA, AECA, Export Administration Act) may create overlapping or conflicting restrictions
Executive Order 13094: Proliferation of Weapons of Mass Destruction · Executive Orders