Defense and national security

Executive Order 12938: Proliferation of Weapons of Mass Destruction

President: Bill Clinton

Declared a worldwide WMD-proliferation emergency, imposed export and procurement consequences and authorized sanctions; later orders broadened the framework.

Status: In effect as amended.

Is Executive Order 12938 still in effect? Yes. Active as amended; the national emergency was continued beyond November 14, 2025 for one year.

What does Executive Order 12938 do?

EO 12938 consolidated earlier chemical, biological and nuclear proliferation authorities. It directed multilateral diplomacy, export controls and sanctions against foreign persons materially contributing to WMD or delivery-system proliferation, and restricted federal procurement from sanctioned persons. EO 13094 expanded it in 1998 and EO 13382 further amended its blocking authorities in 2005. A presidential notice dated November 5, 2025 continued the emergency for another year beyond November 14, 2025.

Administration position: The order provides a sanctions and export-control framework aimed at proliferation networks. A designation or sanction still requires the findings and procedures supplied by law and the applicable order.
SignedNovember 14, 1994
ScopeNuclear, biological and chemical weapons
Major amendmentsEOs 13094 and 13382

Before and after

Before the order

EOs 12735 and 12930 split related proliferation emergencies and functions.

After the order

A consolidated worldwide emergency supported controls, procurement restrictions and sanctions.

Who had to do what

Agency / officeActionTiming / position
State and CommerceAdminister export and participation controlsUnder current law
Treasury and agenciesApply authorized sanctions and procurement restrictionsTo properly determined persons

What happened next

EO 12938 declared the emergency.

EO 13094 expanded it.

EO 13382 strengthened blocking authorities.

The emergency was continued beyond November 2025.