Defense and national security

Executive Order 13094: Proliferation of Weapons of Mass Destruction

President: Bill Clinton

Revised the 1994 weapons-proliferation order’s sanctions for designated foreign persons.

Status: In effect as amended.

Is Executive Order 13094 still in effect? Yes. Its sanctions framework remains operative as further amended by EO 13382, signed June 28, 2005. That order revised section 4(a) of EO 12938; it did not revoke the procurement, assistance and import bans in the following subsections. The November 5, 2025 notice continued the underlying emergency for one year beyond November 14, 2025. EO 13382, section 4; 2025 continuation, published November 7.

What does Executive Order 13094 do?

EO 13094 revised section 4 of EO 12938. If the Secretary of State determined that a foreign person materially helped a proliferation effort, the order authorized a federal procurement ban, a federal assistance ban and an import ban, with listed exceptions. It did not name a new sanctioned person by itself. The President continued the underlying EO 12938 national emergency through November 14, 2026 in a 2025 notice, and OFAC lists EO 13094 in its nonproliferation program. EO 13382 added separate asset-blocking authority and also amended the existing determination standard in section 4(a). Emergency continuation does not establish that a particular person is currently designated; check current agency records.

Administration position: Sanctions under this provision depended on a State Department determination; signing EO 13094 did not automatically sanction every foreign supplier.

The 1998 change widened the earlier chemical and biological proliferation framework to nuclear and WMD-capable missile programs and attempted contributions, as Clinton explained in his November 10, 1999 report to Congress. A State determination—not merely signing the order—triggered the measures. The 2005 amendment later reached activity posing a risk of materially contributing to proliferation. These are changes in legal coverage, not evidence that proliferation decreased or that a particular party is currently listed. 1999 presidential report; 2005 amendment.

SignedJuly 28, 1998
EffectiveJuly 29, 1998
AmendsEO 12938, section 4
Later federal accountState Department sanctions guidance

Before and after

Before the order

EO 12938 declared a proliferation-related national emergency and supplied earlier sanctions authority.

After the order

A revised determination process and procurement, assistance and import restrictions applied to designated foreign persons.

State later listed this amendment alongside the separate EO 13382 blocking authority.

Who had to do what

Original assignments and timing; not verified completion claims
Agency or officialDirectionTiming
Secretary of StateMake qualifying determinations, consulting relevant implementing agencies; determine measures and terminate them on reliable evidence the activity ceased. The 2005 standard expressly calls for Treasury consultation.Case by case; original rule reaches specified conduct on or after November 16, 1990; no fixed report date.
Federal departments and agenciesApply procurement and assistance restrictions after State’s determination; consult State on authorized exceptions.After a determination, subject to the specified exceptions; not an automatic blacklist on signing.
Treasury SecretaryImplement the covered import ban, with protected information/informational-material exceptions.After a qualifying determination; no separate calendar deadline.

EO 13094, section 1, substituted section 4(a)–(f); EO 13382, section 4.

What happened next

EO 13094 was signed. Official source.

The amendment took effect at 12:01 a.m. EDT, before publication. Official source.

The order was published at 63 FR 40803. Official source.

Clinton described the expanded nuclear, missile and attempted-contribution coverage in a report to Congress. Official source.

EO 13382 further amended the State determination standard and added separate blocking powers; its effective date was June 29. Official source.

The emergency continuation was signed; publication followed November 7. It continued the emergency one year beyond November 14, 2025. Official source.

OFAC reorganized Part 539 administrative and penalty provisions while retaining EO 13094 in the authority citation; this was not repeal of its trade restrictions. Official source.