Defense and national security

Executive Order 12851: Administration of Proliferation Sanctions, Middle East Arms Control, and Related Congressional Reporting Responsibilities

President: Bill Clinton

Delegated presidential sanctions, export-control, procurement and reporting functions under several nonproliferation statutes; later orders continued and amended the framework.

Status: In effect as amended.

Is Executive Order 12851 still in effect? Yes. Continuing delegation framework; amended in 2019.

What does Executive Order 12851 do?

EO 12851 assigned presidential functions under several nonproliferation statutes to State, Defense, Treasury and Commerce officials. EO 13883 amended it in 2019 to delegate to Treasury specified authority concerning international financial institution assistance and U.S. bank loans after a Secretary of State determination under the chemical and biological weapons law. The 2023 U.S. Code prints the order as amended; individual sanctions still depend on the governing statute and findings.

Administration position: The order sought coordinated administration of duties Congress had assigned to the President. It delegated functions; it did not itself establish that a particular person or country had violated a proliferation law.
SignedJune 11, 1993
Participating departmentsState, Defense, Treasury and Commerce
SubjectProliferation sanctions, arms control and reports

Before and after

Before the order

Multiple statutes assigned related sanctions, export-control and reporting functions to the President.

After the order

Named cabinet officials received defined responsibilities, subject to required consultation and presidential authority.

Who had to do what

Agency / officeActionTiming / position
Secretary of StateLead specified determinations, waivers and reportsUnder the listed statutes
Defense, Treasury and CommerceAdminister assigned procurement, import and export functionsWithin their delegated areas
Responsible officialsConsult and coordinate on overlapping dutiesBefore covered actions when required

What happened next

EO 12851 signed.

EO 13222 incorporated relevant delegations into the continued export-control system.

EO 13883 amended EO 12851.