§6711 Designation of United States National Authority

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

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

, orders, or directives as necessary to implement the Act and U.S. obligations under Article VI and related provisions of the Convention.

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

, 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

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

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