THE WHITE HOUSE
November 14, 1994
EXECUTIVE ORDER 12938
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...
1) EO 12938 (1994) declares the WMD-related national emergency that serves as the basis for, among other things, the authority of the WMDPSR (part 544) and the functionally defunct (no designations as of 5/2019) WMDTCR (Part 539).
Among other restrictions administered by agencies other than OFAC, EO 12938 (1994) establishes the authority for the import ban that would eventually take the form of the WMDTCR. Section 4(b), in particular, is the basis for the WMDTCR, as it applies to foreign persons (The Secretary of the Treasury shall prohibit the importation into the United States of products produced by that foreign person). Note that Sec....