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pd29au94 Executive Order 12924--Continuation of Export Control Regulations...
<DOC> [Weekly Compilation of Presidential Documents] [frwais.access.gpo.gov] [Page i-ii] Monday, August 29, 1994 Volume 30--Number 34 Pages 1693-1719 Contents [[Page i]] Weekly Compilation of Presidential Documents [[Page ii]] Addresses and Remarks See also Bill Signings B'nai B'rith convention, teleconference--1706 Crime legislation--1697, 1713 Radio address--1695 Ukrainian Independence Day--1705 Appointments and Nominations U.S. Court of Appeals, judge--1715 U.S. District Court, judges--1715 Bill Signings Energy and Water Development Appropriations Act, 1995, statement-- 1715 Federal Aviation Administration Authorization Act of 1994, statement--1703 King Holiday and Service Act of 1994, remarks--1701 Communications to Congress Bosnia-Herzegovina, letter--1699 Continuation of export control regulations, message--1694 Crime legislation, letter--1701 United States activities in the United Nations, message transmitting report--1695 Executive Orders Continuation of Export Control Regulations--1693 Interviews With the News Media Exchanges with reporters Oval Office--1697 Rose Garden--1713 Interview with Gene Burns of WOR Radio, New York City--1710 Proclamations Classical Music Month--1699 Statements by the President See also Appointments and Nominations; Bill Signings Apple exports to Japan--1704 Cuba--1696 International Literacy Day--1713 Senate action on crime legislation--1715 Supplementary Materials Acts approved by the President--1718 Checklist of White House press releases--1717 Digest of other White House announcements--1715 Nominations submitted to the Senate--1716 WEEKLY COMPILATION OF ------------------------------ PRESIDENTIAL DOCUMENTS Published every Monday by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, the Weekly Compilation of Presidential Documents contains statements, messages, and other Presidential materials released by the White House during the preceding week. The Weekly Compilation of Presidential Documents is published pursuant to the authority contained in the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, approved by the President (37 FR 23607; 1 CFR Part 10). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, DC 20402. The Weekly Compilation of Presidential Documents will be furnished by mail to domestic subscribers for $80.00 per year ($137.00 for mailing first class) and to foreign subscribers for $93.75 per year, payable to the Superintendent of Documents, Government Printing Office, Washington, DC 20402. The charge for a single copy is $3.00 ($3.75 for foreign mailing). There are no restrictions on the republication of material appearing in the Weekly Compilation of Presidential Documents. [[Page 1693]] <DOC> [Weekly Compilation of Presidential Documents] [frwais.access.gpo.gov] [Page 1693-1694] Monday, August 29, 1994 Volume 30--Number 34 Pages 1693-1719 Week Ending Friday, August 26, 1994 Executive Order 12924--Continuation of Export Control Regulations August 19, 1994 By the authority vested in me as President by the Constitution and the laws of the United States of America, including but not limited to section 203 of the International Emergency Economic Powers Act (``Act'') (50 U.S.C. 1702), I, William J. Clinton, President of the United States of America, find that the unrestricted access of foreign parties to U.S. goods, technology, and technical data and the existence of certain boycott practices of foreign nations, in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.), constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and hereby declare a national emergency with respect to that threat. Accordingly, in order (a) to exercise the necessary vigilance over exports and activities affecting the national security of the United States; (b) to further significantly the foreign policy of the United States, including its policy with respect to cooperation by U.S. persons with certain foreign boycott activities, and to fulfill its international responsibilities; and (c) to protect the domestic economy from the excessive drain of scarce materials and reduce the serious economic impact of foreign demand, it is hereby ordered as follows: Section 1. To the extent permitted by law, the provisions of the Export Administration Act of 1979, as amended, and the provisions for administration of the Export Administration Act of 1979, as amended, shall be carried out under this order so as to continue in full force and effect and amend, as necessary, the export control system heretofore maintained by the Export Administration regulations issued under the Export Administration Act of 1979, as amended. The delegations of authority set forth in Executive Order No. 12002 of July 7, 1977, as amended by Executive Order No. 12755 of March 12, 1991; Executive Order No. 12214 of May 2, 1980; Executive Order No. 12735 of November 16, 1990; and Executive Order No. 12851 of June 11, 1993, shall be incorporated in this order and shall apply to the exercise of authorities under this order. Sec. 2. All rules and regulations issued or continued in effect by the Secretary of Commerce under the authority of the Export Administration Act of 1979, as amended, including those published in Title 15, Subtitle B, Chapter VII, Subchapter C, of the Code of Federal Regulations, Parts 768 through 799, and all orders, regulations, licenses, and other forms of administrative action issued, taken, or continued in effect pursuant thereto, shall, until amended or revoked by the Secretary of Commerce, remain in full force and effect as if issued or taken pursuant to this order, except that the provisions of sections 203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall control over any inconsistent provisions in the regulations. Nothing in this section shall affect the continued applicability of administrative sanctions provided for by the regulations described above. Sec. 3. Provisions for administration of section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall continue in full force and effect until amended or revoked under the authority of section 203 of the Act (50 U.S.C. 1702). To the extent permitted by law, this order also shall constitute authority for the issuance and continuation in full force and effect of all rules and regulations by the President or his delegate, and all orders, licenses, and other forms of administrative actions issued, taken, or continued in effect pursuant thereto, relating to the administration of section 38(e). [[Page 1694]] Sec. 4. Executive Order No. 12923 of June 30, 1994, is revoked, and that declaration of emergency is rescinded. The revocation of Executive Order No. 12923 shall not affect any violation of any rules, regulations, orders, licenses, and other forms of administrative action under that order that occurred during the period the order was in effect. Sec. 5. This order shall be effective as of midnight between August 20, 1994, and August 21, 1994, and shall remain in effect until terminated. William J. Clinton The White House, August 19, 1994. [Filed with the Office of the Federal Register, 5:09 p.m., August 19, 1994] Note: This Executive order was published in the Federal Register on August 23. This item was not received in time for publication in the appropriate issue. <DOC> [Weekly Compilation of Presidential Documents] [frwais.access.gpo.gov] [Page 1694-1695] Monday, August 29, 1994 Volume 30--Number 34 Pages 1693-1719 Week Ending Friday, August 26, 1994 Message to the Congress on Continuation of Export Control Regulations August 19, 1994 To the Congress of the United States: Pursuant to section 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b), I hereby report to the Congress that I have today exercised the authority granted by this Act to continue in effect the system of controls contained in 15 C.F.R., Parts 768-799, including restrictions on participation by U.S. persons in certain foreign boycott activities, which heretofore have been maintained under the authority of the Export Administration Act of 1979, as amended, 50 U.S.C. App. 2401 et seq. In addition, I have made provision for the administration of section 38(e) of the Arms Export Control Act, 22 U.S.C. 278(e). The exercise of this authority is necessitated by the expiration of the Export Administration Act on August 20, 1994, and the lapse that would result in the system of controls maintained under that Act. In the absence of controls, foreign parties would have unrestricted access to U.S. commercial products, technology, technical data, and assistance, posing an unusual and extraordinary threat to national security, foreign policy, and economic objectives critical to the United States. In addition, U.S. persons would not be prohibited from complying with certain foreign boycott requests. This would seriously harm our foreign policy interests, particularly in the Middle East. Controls established in 15 C.F.R. 768-799, and continued by this action, include the following: --National security export controls aimed at restricting the export of goods and technologies, which would make a significant contribution to the military potential of certain other countries and which would prove detrimental to the national security of the United States. --Foreign policy controls that further the foreign policy objectives of the United States or its declared international obligations in such widely recognized areas as human rights, antiterrorism, regional stability, missile technology nonproliferation, and chemical and biological weapons nonproliferation. --Nuclear nonproliferation controls that are maintained for both national security and foreign policy reasons, and which support the objectives of the Nuclear Nonproliferation Act. --Short supply controls that protect domestic supplies, and antiboycott regulations that prohibit compliance with foreign boycotts aimed at countries friendly to the United States. Consequently, I have issued an Executive order (a copy of which is attached) to continue in effect all rules and regulations issued or continued in effect by the Secretary of Commerce under the authority of the Export Administration Act of 1979, as amended, and all orders, regulations, licenses, and other forms of administrative actions under the Act, except where they are inconsistent with sections 203(b) and 206 of the International Emergency Economic Powers Act (IEEPA). In this Executive order I have also revoked the previous Executive Order No. 12923 of June 30, 1994, invoking IEEPA authority for the prior lapse of the Export Administration Act of 1979, as amended, extended on July 5, 1994, by Public Law 103-277. [[Page 1695]] The Congress and the Executive have not permitted export controls to lapse since they were enacted under the Export Control Act of 1949. Any termination of controls could permit transactions to occur that would be seriously detrimental to the national interests we have heretofore sought to protect through export controls and restrictions on compliance by U.S. persons with certain foreign boycotts. I believe that even a temporary lapse in this system of controls would seriously damage our national security, foreign policy, and economic interests and undermine our credibility in meeting our international obligations. The countries affected by this action vary depending on the
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