Message to the Congress Reporting on Chemical and Biological Weapons Proliferation

To the Congress of the United States:

On November 16, 1990, in light of the dangers of the proliferation of chemical and biological weapons, President Bush issued Executive Order No. 12735, and declared a national emergency under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.). Under section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), the national emergency terminates on the anniversary date of its declaration unless the President publishes in the Federal Register and transmits to the Congress a notice of its continuation. On November 12, 1993, I extended the national emergency on the basis that the proliferation of chemical and biological weapons continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.

Section 204 of the International Emergency Economic Powers Act and section 401(c) of the National Emergencies Act contain periodic reporting requirements regarding activities taken and money spent pursuant to an emergency declaration. The following report is made pursuant to those provisions. Additional information on chemical and biological weapons proliferation is contained in the report to the Congress provided pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.

The three export control regulations issued under the Enhanced Proliferation Control Initiative are fully in force and continue to be used to control the export of items with potential use in chemical or biological weapons (CBW) or unmanned delivery systems for weapons of mass destruction.

During the last 6 months, the United States has continued to address actively in its international diplomatic efforts the problem of the proliferation and use of CBW.

More than 150 nations have signed the Chemical Weapons Convention (CWC) and a number have already ratified it. On November 23, 1993, I submitted the CWC to the Senate for its advice and consent to ratification. I have urged all nations, including the United States, to ratify the Convention quickly so that it can enter into force at the earliest possible date of January 13, 1995. We also have continued to urge those countries that have not signed the Convention to do so. The United States plays a leading role in the work of the CWC Preparatory Commission headquartered in The Hague, to elaborate the technical and administrative procedures for implementing the Convention.

The United States participated actively in the Ad Hoc Group of Government Experts convened by the Third Biological Weapons Review Conference to identify and examine potential verification measures. The consensus final report of the experts group will be considered at a Special Conference of States Parties, to be held September 19-30, 1994. The United States supports the holding of a Special Conference and will promote new transparency measures to help strengthen the Convention.

The membership of the Australia Group (AG) of countries cooperating against CBW proliferation stands at 25. At the December 1993 meeting of the AG, members reiterated their commitment to comprehensive and global chemical and biological disarmament, which can only be achieved by the early entry into force and effective and universal implementation of the CWC and full compliance with the Biological Weapons Convention. In this context, members stressed the importance of encouraging the widest possible adherence to the CWC.

Experts at the December AG meeting also discussed ways of implementing CBW export controls more effectively. The Group considered streamlining licensing procedures applicable to mixtures and small quantities of precursor chemicals, with a view to facilitating legitimate trade without increasing the risk of contributing to potential weapons production. It also took steps to enhance cooperation in enforcement of existing controls.

The United States Government determined that three commercial entities in Thailand had engaged in chemical weapons proliferation activities that required the imposition of trade sanctions against the entities, effective on February 8, 1994. Additional information on this determination is contained in a classified report to the Congress provided pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.

Progress also was made in the steps taken by countries outside the AG to extend chemical weapons-related export controls. For example, the Royal Thai Government adopted regulations to prevent the export of Thai laborers to programs of CBW concern. Poland enacted legislation to implement controls on CBW-related items.

Pursuant to section 401(c) of the National Emergencies Act, I report that there were no additional expenses directly attributable to the exercise of authorities conferred by the declaration of the national emergency.

WILLIAM J. CLINTON

The White House, May 23, 1994.