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EO 13128Executive OrderClinton · D Quiet signal

Executive Order 13128

Implementation of the Chemical Weapons Convention and the Chemical Weapons Convention Implementation Act

This executive order establishes the Department of State as the U.S. National Authority for implementing the Chemical Weapons Convention and its 1998 implementing statute. It assigns interagency coordination, regulatory, inspection, enforcement, and information-disclosure responsibilities across State, Defense, Commerce, Energy, Justice, and other agencies.

Federal Register Open PDF 64 FR 34703

Impact dates

  1. Commerce regulations under section 401(a) of Act to be issued by date specified by USNA

  2. EO takes effect

Key directives

  • State Department designated as US National Authority (USNA)
  • USNA to coordinate with interagency group including Defense, Justice, Commerce, Energy
  • Commerce to issue regulations under section 401(a) of Act by date specified by USNA, with USNA review and approval
  • Commerce authorized to obtain warrants for facility inspections, suspend/revoke export privileges, carry out section 501(a) proceedings
  • State, Defense, Commerce, Energy authorized to assist private facilities with reporting and inspection preparation
  • USNA authorized to determine disclosure of confidential business information under section 404(c)
  • E.O. 12938 amended to add Commerce authority over chemical import restrictions
  • FBI designated lead for investigations involving possible 18 U.S.C. 229 violations

Who is ordered

Timeline

Immediate

  • EO takes effect at 12:01 a.m. EDT June 26, 1999
  • Department of State designated as USNA
  • Interagency coordination group constituted

Near term (90d)

  • Commerce Department to issue regulations by date specified by USNA
  • Agencies to issue/amend/revise regulations as needed

Long term

  • Ongoing implementation of CWC inspection and reporting regime
  • Continued enforcement of chemical import restrictions under amended E.O. 12938

Risks & tensions

  • USNA's discretionary power to set Commerce regulation deadline creates timing uncertainty
  • Confidential business information disclosure standard ('national interest') leaves substantial agency discretion
  • Interagency coordination requirement may create bureaucratic friction between State and Commerce over regulatory control
  • Private facility assistance provision (Sec. 6) blurs line between government and industry roles
Executive Order 13128: Implementation of the Chemical Weapons Convention and the Chemical Weapons Convention Implementation Act · Executive Orders