Date:  11-1294 (17:18)
Area:  F:NSHIFTCP Number: 2,662 of 2,863
  To:  ALL
From:  GLENDA STOCKS
City:  BROCKTON MA
Subj:  Another "emergency"

.......................................................
From Conference : 0070 - Aen News, Ne
Forwarded on    : Saturday, November 12, 1994, at 17:18
Original From   : AL THOMPSON
Addressed to    : ALL
Originally on   : 11/10/94 at 16:45
Regarding topic : Another "emergency"
.......................................................
[Begin Message]

                            THE WHITE HOUSE

                     Office of the Press Secretary

________________________________________________________________
For Immediate Release                           November 1, 1994


          Notice of Continuation of Iran Emergency


   On Nov. 14, 1979, by Executive Order No. 12170, the President
declared a national emergency to deal with the threat to the
national security, foreign policy and economy of the United States
constituted by the situation in Iran.  Notices of the continuation
of this national emergency have been transmitted annually by the
President to the Congress and the Federal Register.  The most recent
notice appeared in the Federal Register on Nov. 2, 1993.  Because
our relations with Iran have not yet returned to normal, and the
process of implementing the Jan. 19, 1981 agreements with Iran is
still underway, the national emergency declared on Nov. 14, 1979
must continue in effect beyond Nov. 14, 1994.  Therefore, in
accordance with section 202(d) of the National Emergencies act (50
U.S.C. 1622 (d)), I am continuing the national emergency with
respect to Iran.  This notice shall be published in the Federal
Register and transmitted to the Congress.

   William J. Clinton

   The White House
   Oct. 31, 1994

------------------------------------------------------------------
Here's the federal law Clinton referenced:
***************
50 USC 1622

(d) Automatic termination of national emergency;
continuation notice from President to Congress; publication in
Federal Register

Any national emergency declared by the President in accordance with
this subchapter, and not otherwise previously terminated, shall
terminate on the anniversary of the declaration of that emergency
if, within the ninety-day period prior to each anniversary date, the
President does not publish in the Federal Register and transmit to
the Congress a notice stating that such emergency is to continue in
effect after such anniversary.
****************

In other words, an "emergency" declared by executive order expires
in 1 year, unless he "renews" it.

Also, this section has several notes about cort decisions regarding
this chapter.  Most interesting is:

"Section of National Emergency Act which provided for termination
of a national emergency by concurrent resolution of Congress was
unconstitutional, as it enabled Congress to take legislative action
without presenting action to the President for his signature.
Beacon Products Corp. v. Reagan, D.Mass. 1986 633 F.Supp. 1191,
affirmed 814 F2d. 1."

In other words, Congress can't negate or void an Executive Order
which has declared a "national emergency."  Can this same court
ruling mean that Congress cannot negate any Executive Order?

Some balance of power.  The president can make executive orders
(legislate), and nobody can do anything about it.

------------------------------------------------------------------------------
Looks like Clinton declared his National Emergency on November 14, 1994.
At the end of the press release, there were some EOs that were
revoked...I wonder what those were about?? Anybody know?
   -
===========================================================================
   ------------------------------------------------------------------------
                               THE WHITE HOUSE

                        Office of the Press Secretary

            _____________________________________________________
            For Immediate Release               November 14, 1994

                               EXECUTIVE ORDER

                                - - - - - - -

                 PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

     By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50
U.S.C. 1601 et seq.), the Arms Export Control Act, as amended (22 U.S.C. 2751
et seq.), Executive Orders Nos. 12851 and 12924, and section 301 of title 3,
United States Code,

     I, WILLIAM J. CLINTON, President of the United States of America, find
that the proliferation of nuclear, biological, and chemical weapons ("weapons
of mass destruction") and of the means of delivering such weapons, constitutes
an unusual and extraordinary threat to the national security, foreign policy,
and economy of the United States, and hereby declare a national emergency to
deal with that threat.

     Accordingly, I hereby order:

     Section 1.  International Negotiations.  It is the policy of the United
States to lead and seek multilaterally coordinated efforts with other
countries to control the proliferation of weapons of mass destruction and the
means of delivering such weapons.  Accordingly, the Secretary of State shall
cooperate in and lead multilateral efforts to stop the proliferation of
weapons of mass destruction and their means of delivery.

     Sec. 2.  Imposition of Controls.  As provided herein, the Secretary of
State and the Secretary of Commerce shall use their respective authorities,
including the Arms Export Control Act and the International Emergency Economic
Powers Act, to control any exports, to the extent they are not already
controlled by the Department of Energy and the Nuclear Regulatory Commission,
that either Secretary determines would assist a country in acquiring the
capability to develop, produce, stockpile, deliver, or use weapons of mass
destruction or their means of delivery.  The Secretary of State shall pursue
early negotiations with foreign governments to adopt effective measures
comparable to those imposed under this order.

     Sec. 3.  Department of Commerce Controls.  (a) The Secretary of Commerce
shall prohibit the export of any goods, technology, or services subject to the
Secretary's export jurisdiction that the Secretary of Commerce determines, in
consultation with the Secretary of State, the Secretary of Defense, and other
appropriate officials, would assist a foreign country in acquiring the
capability to develop, produce, stockpile, deliver, or use weapons of mass
destruction or their means of delivery.  The Secretary of State shall pursue
early negotiations with foreign governments to adopt effective measures
comparable to those imposed under this section.

     (b)  Subsection (a) of this section will not apply to exports relating to
a particular category of weapons of mass destruction (i.e., nuclear, chemical,
or biological weapons) if their destination is a country with whose government
the United States has entered into a bilateral or multilateral arrangement for
the control of that category of weapons of mass destruction-related goods
(including delivery systems) and technology, or maintains domestic export
controls comparable to controls that are imposed by the United States with
respect to that category of goods and technology, or that are otherwise deemed
adequate by the Secretary of State.

     (c)  The Secretary of Commerce shall require validated licenses to
implement this order and shall coordinate any license applications with the
Secretary of State and the Secretary of Defense.

     (d)  The Secretary of Commerce, in consultation with the Secretary of
State, shall take such actions, including the promulgation of rules,
regulations, and amendments thereto, as may be necessary to continue to
regulate the activities of United States persons in order to prevent their
participation in activities that could contribute to the proliferation of
weapons of mass destruction or their means of delivery, as provided in the
Export Administration Regulations, set forth in Title 15, Chapter VII,
Subchapter C, of the Code of Federal Regulations, Parts 768 to 799 inclusive.

     Sec. 4.  Sanctions Against Foreign Persons.  (a) In addition to the
sanctions imposed on foreign persons as provided in the National Defense
Authorization Act for Fiscal Year 1991 and the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991, sanctions also shall be imposed
on a foreign person with respect to chemical and biological weapons
proliferation if the Secretary of State determines that the foreign person on
or after the effective date of this order or its predecessor, Executive Order
No. 12735 of November 16, 1990, knowingly and materially contributed to the
efforts of any foreign country, project, or entity to use, develop, produce,
stockpile, or otherwise acquire chemical or biological weapons.

     (b)  No department or agency of the United States Government may procure,
or enter into any contract for the procurement of, any goods or services from
any foreign person described in subsection (a) of this section.  The Secretary
of the Treasury shall prohibit the importation into the United States of
products produced by that foreign person.

     (c)  Sanctions pursuant to this section may be terminated or not imposed
against foreign persons if the Secretary of State determines that there is
reliable evidence that the foreign person concerned has ceased all activities
referred to in subsection (a).

     (d)  The Secretary of State and the Secretary of the Treasury may provide
appropriate exemptions for procurement contracts necessary to meet U.S.
operational military requirements or requirements under defense production
agreements, sole source suppliers, spare parts, components, routine servicing
and maintenance of products, and medical and humanitarian items.  They may
provide exemptions for contracts in existence on the date of this order under
appropriate circumstances.

     Sec. 5.  Sanctions Against Foreign Countries. (a)  In addition to the
sanctions imposed on foreign countries as provided in the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991, sanctions also
shall be imposed on a foreign country as specified in subsection (b) of this
section, if the Secretary of State determines that the foreign country has, on
or after the effective date of this order or its predecessor, Executive Order
No. 12735 of November 16, 1990, (1) used chemical or biological weapons in
violation of international law; (2) made substantial preparations to use
chemical or biological weapons in violation of international law; or (3)
developed, produced, stockpiled, or otherwise acquired chemical or biological
weapons in violation of international law.

     (b)  The following sanctions shall be imposed on any foreign country
identified in subsection (a)(1) of this section unless the Secretary of State
determines, on grounds of significant foreign policy or national security,
that any individual sanction should not be applied.  The sanctions specified
in this section may be made applicable to the countries identified in
subsections (a)(2) or (a)(3) when the Secretary of State determines that such
action will further the objectives of this order pertaining to proliferation.
The sanctions specified in subsection (b)(2) below shall be imposed with the
concurrence of the Secretary of the Treasury.

     (1)  Foreign Assistance.  No assistance shall be provided to that country
under the Foreign Assistance Act of 1961, or any successor act, or the Arms
Export Control Act, other than assistance that is intended to benefit the
people of that country directly and that is not channeled through governmental
agencies or entities of that country.

     (2)  Multilateral Development Bank Assistance. The United States shall
oppose any loan or financial or technical assistance to that country by
international financial institutions in accordance with section 701 of the
International Financial Institutions Act (22 U.S.C. 262d).

     (3)  Denial of Credit or Other Financial Assistance.  The United States
shall deny to that country any credit or financial assistance by any
department, agency, or instrumentality of the United States Government.

     (4)  Prohibition of Arms Sales.  The United States Government shall not,
under the Arms Export Control Act, sell to that country any defense articles
or defense services or issue any license for the export of items on the United
States Munitions List.

     (5)  Exports of National Security-Sensitive Goods and Technology.  No
exports shall be permitted of any goods or technologies controlled for
national security reasons under the Export Administration Regulations.

     (6)  Further Export Restrictions.  The Secretary of Commerce shall
prohibit or otherwise substantially restrict exports to that country of goods,
technology, and services (excluding agricultural commodities and products
otherwise subject to control).

     (7)  Import Restrictions.  Restrictions shall be imposed on the
importation into the United States of articles (that may include petroleum or
any petroleum product) that are the growth, product, or manufacture of that
country.

     (8)  Landing Rights.  At the earliest practicable date, the Secretary of
State shall terminate, in a manner consistent with international law, the
authority of any air carrier that is controlled in fact by the government of
that country to engage in air transportation (as defined in section 101(10) of
the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(10)).

     Sec. 6.  Duration.  Any sanctions imposed pursuant to sections 4 or 5 of
this order shall remain in force until the Secretary of State determines that
lifting any sanction is in the foreign policy or national security interests
of the United States or, as to sanctions under section 4 of this order, until
the Secretary has made the determination under section 4(c).

     Sec. 7.  Implementation.  The Secretary of State, the Secretary of the
Treasury, and the Secretary of Commerce are hereby authorized and directed to
take such actions, including the promulgation of rules and regulations, as may
be necessary to carry out the purposes of this order. These actions, and in
particular those in sections 4 and 5 of this order, shall be made in
consultation with the Secretary of Defense and, as appropriate, other agency
heads and shall be implemented in accordance with procedures established
pursuant to Executive Order No. 12851.  The Secretary concerned may redelegate
any of these functions to other officers in agencies of the Federal
Government.  All heads of departments and agencies of the United States
Government are directed to take all appropriate measures within their
authority to carry out the provisions of this order, including the suspension
or termination of licenses or other authorizations.

     Sec. 8.  Preservation of Authorities.  Nothing in this order is intended
to affect the continued effectiveness of any rules, regulations, orders,
licenses, or other forms of administrative action issued, taken, or continued
in effect heretofore or hereafter under the authority of the International
Economic Emergency Powers Act, the Export Administration Act, the Arms Export
Control Act, the Nuclear Non-proliferation Act, Executive Order No. 12730 of
September 30, 1990, Executive Order No. 12735 of November 16, 1990, Executive
Order No. 12924 of August 18, 1994, and Executive Order No. 12930 of September
29, 1994.

     Sec. 9.  Judicial Review.  This order is not intended to create, nor does
it create, any right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, officers, or any other
person.

     Sec. 10.  Revocation of Executive Orders Nos. 12735 and 12930.  Executive
Order No. 12735 of November 16, 1990, and Executive Order No. 12930 of
September 29, 1994, are hereby revoked.

     Sec. 11.  Effective Date.  This order is effective immediately.

     This order shall be transmitted to the Congress and published in the
Federal Register.

                              WILLIAM J. CLINTON

                               THE WHITE HOUSE,
                              November 14, 1994.

                                    # # #




 * SLMR 2.1a * If you're happy and you know it ---- clank your chains!

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