[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Presidential Documents]
[Pages 54079-54080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26837]
Presidential Documents
Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 /
Presidential Documents
[[Page 54079]]
Executive Order 13020 of October 12, 1996
Amendment to Executive Order 12981
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including but not limited to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
and in order to take additional steps with respect to
the national emergency described and declared in
Executive Order 12924 of August 19, 1994, and continued
on August 15, 1995, and August 14, 1996, in order to
amend Executive Order 12981 as that order applies to
the processing of applications for the export of any
commercial communication satellites and any hot-section
technologies for the development, production, and
overhaul of commercial aircraft engines that are
transferred from the United States Munitions List to
the Commerce Control List pursuant to regulations
issued by the Departments of Commerce and State after
the effective date of this order, it is hereby ordered
as follows:
Section 1. Amendment of Executive Order 12981. (a)
Section 5(a)(3)(B) of Executive Order 12981 is amended
to read as follows:
(B) The OC shall review all license applications on
which the reviewing departments and agencies are not in
agreement. The Chair of the OC shall consider the
recommendations of the reviewing departments and
agencies and inform them of his or her decision on any
such matters within 14 days after the deadline for
receiving department and agency recommendations.
However, for license applications concerning commercial
communication satellites and hot-section technologies
for the development, production, and overhaul of
commercial aircraft engines that are transferred from
the United States Munitions List to the Commerce
Control List pursuant to regulations issued by the
Departments of Commerce and State after the date of
this order, the Chair of the OC shall inform reviewing
departments and agencies of the majority vote decision
of the OC. As described below, any reviewing department
or agency may appeal the decision of the Chair of the
OC, or the majority vote decision of the OC in cases
concerning the commercial communication satellites and
hot-section technologies described above, to the Chair
of the ACEP. In the absence of a timely appeal, the
Chair's decision (or the majority vote decision in the
case of license applications concerning the commercial
communication satellites and hot-section technologies
described above) will be final.
(b) Section 5(b)(1) of Executive Order 12981 is
amended to read as follows:
(1) If any department or agency disagrees with a
licensing determination of the Department of Commerce
made through the Chair of the OC (or a majority vote
decision of the OC in the case of license applications
concerning the commercial communication satellites and
the hot-section technologies described in section
5(a)(3)(B)), it may appeal the matter to the ACEP for
resolution. A department or agency must appeal a matter
within 5 days of such a decision. Appeals must be in
writing from an official appointed by the President, by
and with the advice and consent of the Senate, or an
officer properly acting in such capacity, and must cite
both the statutory and the regulatory bases for the
appeal. The ACEP shall review all departments' and
agencies' information and recommendations, and the
Chair of the ACEP shall inform the reviewing
departments and agencies of the majority vote decision
of the ACEP within 11 days from the date of receiving
notice of the appeal. Within 5 days of the majority
vote decision, any dissenting department or agency may
appeal the decision by submitting a letter from
[[Page 54080]]
the head of the department or agency to the Secretary
in his or her capacity as the Chair of the Board. Such
letter shall cite both the statutory and the regulatory
bases for the appeal. Within the same 5-day period, the
Secretary may call a meeting on his or her own
initiative to consider a license application. In the
absence of a timely appeal, the majority vote decision
of the ACEP shall be final.
Sec. 2. Judicial Review. This order is not intended to
create, nor does it create, any rights to
administrative or judicial review, or any other right
or benefit or trust responsibility, substantive or
procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers
or employees, or any other person.
Sec. 3. Effective Date. This order shall be effective
immediately and shall remain in effect until
terminated.
(Presidential Sig.)
THE WHITE HOUSE,
October 12, 1996.
[FR Doc. 96-26837
Filed 10-16-96; 8:45 am]
Billing code 3195-01-P