Measures To Restrict the Participation by United States Persons in Weapons Proliferation Activities

This executive order declares a national emergency regarding weapons of mass destruction proliferation and authorizes the Commerce Secretary, in consultation with State, to continue regulating U.S. persons' activities under the Export Administration Regulations. It revokes Executive Order 12868 and immediately continues existing export control rules while allowing for new regulations to prevent participation in proliferation activities.

Federal Register 59 FR 50475

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Impact dates

Sep 29, 1994
EO takes effect; Executive Order 12868 revoked

Key directives

Commerce Secretary authorized and directed to take actions including promulgation of rules and regulations to regulate U.S. persons
Commerce Secretary to consult with Secretary of State
Continue to prevent participation in activities contributing to WMD proliferation and delivery means proliferation
Revoke Executive Order 12868

Who is ordered

Timeline

Immediate

EO takes effect at 11:59 p.m. on September 29, 1994
Executive Order 12868 revoked
Existing rules and regulations continued in effect

Near term (90d)

Commerce Secretary may promulgate new rules, regulations, and amendments

Long term

Ongoing regulation of U.S. persons to prevent WMD proliferation activities
Potential structural updates to Export Administration Regulations (15 CFR Parts 768-799)

Risks & tensions

Vague scope: 'such actions as may be necessary' and 'could contribute' provide broad discretionary authority without specific limits
Continuity mechanism (Sec. 2) may perpetuate contested rules from prior administration without fresh review
National emergency declaration under IEEPA creates tension with congressional oversight of export controls; Export Administration Act had lapsed, raising questions about legislative basis