§ 6711. — Designation of United States National Authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6711]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 6711. Designation of United States National Authority
(a) Designation
Pursuant to paragraph 4 of Article VII of the Chemical Weapons
Convention, the President shall designate the Department of State to be
the United States National Authority.
(b) Purposes
The United States National Authority shall--
(1) serve as the national focal point for effective liaison with
the Organization for the Prohibition of Chemical Weapons and other
States Parties to the Convention; and
(2) implement the provisions of this chapter in coordination
with an interagency group designated by the President consisting of
the Secretary of Commerce, Secretary of Defense, Secretary of
Energy, the Attorney General, and the heads of agencies considered
necessary or advisable by the President.
(c) Director
The Secretary of State shall serve as the Director of the United
States National Authority.
(d) Powers
The Director may utilize the administrative authorities otherwise
available to the Secretary of State in carrying out the responsibilities
of the Director set forth in this chapter.
(e) Implementation
The President is authorized to implement and carry out the
provisions of this chapter and the Convention and shall designate
through Executive order which agencies of the United States shall issue,
amend, or revise the regulations in order to implement this chapter and
the provisions of the Convention. The Director of the United States
National Authority shall report to the Congress on the regulations that
have been issued, implemented, or revised pursuant to this section.
(Pub. L. 105-277, div. I, title I, Sec. 101, Oct. 21, 1998, 112 Stat.
2681-860.)
References in Text
This chapter, referred to in subsecs. (b)(2), (d), and (e), was in
the original ``this Act'' and was translated as reading ``this
division'', meaning div. I of Pub. L. 105-277, Oct. 21, 1998, 112 Stat.
2681-856, known as the Chemical Weapons Convention Implementation Act of
1998, to reflect the probable intent of Congress. For complete
classification of division I to the Code, see Short Title note set out
under section 6701 of this title and Tables.
Ex. Ord. No. 13128. Implementation of the Chemical Weapons Convention
and the Chemical Weapons Convention Implementation Act
Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Chemical Weapons
Convention Implementation Act of 1998 [22 U.S.C. 6701 et seq.] (as
enacted in Division I of Public Law 105-277) (the Act), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301
of title 3, United States Code, and in order to facilitate
implementation of the Act and the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction (the ``Convention''), it is hereby ordered as follows:
Section 1. The Department of State shall be the United States
National Authority (the ``USNA'') for purposes of the Act and the
Convention.
Sec. 2. The USNA shall coordinate the implementation of the
provisions of the Act and the Convention with an interagency group
consisting of the Secretary of Defense, the Attorney General, the
Secretary of Commerce, the Secretary of Energy, and the heads of such
other agencies or departments, or their designees, I may consider
necessary or advisable.
Sec. 3. The Departments of State and Commerce, and other agencies as
appropriate, each shall issue, amend, or revise regulations, orders, or
directives as necessary to implement the Act and U.S. obligations under
Article VI and related provisions of the Convention. Regulations under
section 401(a) of the Act [22 U.S.C. 6741(a)] shall be issued by the
Department of Commerce by a date specified by the USNA, which shall
review and approve these regulations, in coordination with the
interagency group designated in section 2 of this order, prior to their
issuance.
Sec. 4. The Secretary of Commerce is authorized:
(a) to obtain and execute warrants pursuant to section 305 of the
Act [22 U.S.C. 6725] for the purposes of conducting inspections of
facilities subject to the regulations issued by the Department of
Commerce pursuant to section 3 of this order;
(b) to suspend or revoke export privileges pursuant to section 211
of the Act [18 U.S.C. 229 note]; and
(c) to carry out all functions with respect to proceedings under
section 501(a) of the Act [22 U.S.C. 6761(a)] and to issue regulations
with respect thereto, except for those functions that the Act specifies
are to be performed by the Secretary of State or the USNA.
Sec. 5. The Departments of State, Defense, Commerce, and Energy, and
other agencies as appropriate, are authorized to carry out, consistent
with the Act and in accordance with subsequent directives, appropriate
functions that are not otherwise assigned in the Act and are necessary
to implement the provisions of the Convention and the Act.
Sec. 6. The Departments of State, Defense, Commerce, and Energy, and
other agencies, as appropriate, are authorized to provide assistance to
facilities not owned or operated by the U.S. Government, or contracted
for use by or for the U.S. Government, in meeting reporting requirements
and in preparing the facilities for possible inspection pursuant to the
Convention.
Sec. 7. The USNA, in coordination with the interagency group
designated in section 2 of this order, is authorized to determine
whether disclosure of confidential business information pursuant to
section 404(c) of the Act [22 U.S.C. 6744(c)] is in the national
interest. Disclosure will not be permitted if contrary to national
security or law enforcement needs.
Sec. 8. In order to take additional steps with respect to the
proliferation of weapons of mass destruction and means of delivering
them and the national emergency described and declared in Executive
Order 12938 of November 14, 1994 [50 U.S.C. 1701 note], as amended by
Executive Order 13094 of July 30, 1998, section 3 of Executive Order
12938, as amended, is amended to add a new subsection (e) to read as
follows:
``(e) the Secretary of Commerce shall impose and enforce such
restrictions on the importation of chemicals into the United States
as may be necessary to carry out the requirements of the Convention
on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction.''
Sec. 9. Any investigation emanating from a possible violation of
this order, or of any license, order, or regulation issued pursuant to
this order, involving or revealing a possible violation of 18 U.S.C.
section 229 shall be referred to the Federal Bureau of Investigation
(FBI), which shall coordinate with the referring agency and other
appropriate agencies. The FBI shall timely notify the referring agency
and other appropriate agencies of any action it takes on such referrals.
Sec. 10. Nothing in this order shall create any right or benefit,
substantive or procedural, enforceable by any party against the United
States, its agencies or instrumentalities, its officers or employees, or
any other person.
Sec. 11. (a) This order shall take effect at 12:01 a.m. eastern
daylight time, June 26, 1999.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
