[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Presidential Documents]
[Pages 26413-26415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10968]


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  Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 26413]]

                Executive Order 13609 of May 1, 2012

                
Promoting International Regulatory Cooperation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to promote international 
                regulatory cooperation, it is hereby ordered as 
                follows:

                Section 1. Policy. Executive Order 13563 of January 18, 
                2011 (Improving Regulation and Regulatory Review), 
                states that our regulatory system must protect public 
                health, welfare, safety, and our environment while 
                promoting economic growth, innovation, competitiveness, 
                and job creation. In an increasingly global economy, 
                international regulatory cooperation, consistent with 
                domestic law and prerogatives and U.S. trade policy, 
                can be an important means of promoting the goals of 
                Executive Order 13563.

                The regulatory approaches taken by foreign governments 
                may differ from those taken by U.S. regulatory agencies 
                to address similar issues. In some cases, the 
                differences between the regulatory approaches of U.S. 
                agencies and those of their foreign counterparts might 
                not be necessary and might impair the ability of 
                American businesses to export and compete 
                internationally. In meeting shared challenges involving 
                health, safety, labor, security, environmental, and 
                other issues, international regulatory cooperation can 
                identify approaches that are at least as protective as 
                those that are or would be adopted in the absence of 
                such cooperation. International regulatory cooperation 
                can also reduce, eliminate, or prevent unnecessary 
                differences in regulatory requirements.

                Sec. 2. Coordination of International Regulatory 
                Cooperation. (a) The Regulatory Working Group (Working 
                Group) established by Executive Order 12866 of 
                September 30, 1993 (Regulatory Planning and Review), 
                which was reaffirmed by Executive Order 13563, shall, 
                as appropriate:

(i) serve as a forum to discuss, coordinate, and develop a common 
understanding among agencies of U.S. Government positions and priorities 
with respect to:

  (A) international regulatory cooperation activities that are reasonably 
anticipated to lead to significant regulatory actions;

  (B) efforts across the Federal Government to support significant, cross-
cutting international regulatory cooperation activities, such as the work 
of regulatory cooperation councils; and

  (C) the promotion of good regulatory practices internationally, as well 
as the promotion of U.S. regulatory approaches, as appropriate; and

(ii) examine, among other things:

  (A) appropriate strategies for engaging in the development of regulatory 
approaches through international regulatory cooperation, particularly in 
emerging technology areas, when consistent with section 1 of this order;

  (B) best practices for international regulatory cooperation with respect 
to regulatory development, and, where appropriate, information exchange and 
other regulatory tools; and

  (C) factors that agencies should take into account when determining 
whether and how to consider other regulatory approaches under section 3(d) 
of this order.

                    (b) As Chair of the Working Group, the 
                Administrator of the Office of Information and 
                Regulatory Affairs (OIRA) of the Office of Management

[[Page 26414]]

                and Budget (OMB) shall convene the Working Group as 
                necessary to discuss international regulatory 
                cooperation issues as described above, and the Working 
                Group shall include a representative from the Office of 
                the United States Trade Representative and, as 
                appropriate, representatives from other agencies and 
                offices.
                    (c) The activities of the Working Group, consistent 
                with law, shall not duplicate the efforts of existing 
                interagency bodies and coordination mechanisms. The 
                Working Group shall consult with existing interagency 
                bodies when appropriate.
                    (d) To inform its discussions, and pursuant to 
                section 4 of Executive Order 12866, the Working Group 
                may commission analytical reports and studies by OIRA, 
                the Administrative Conference of the United States, or 
                any other relevant agency, and the Administrator of 
                OIRA may solicit input, from time to time, from 
                representatives of business, nongovernmental 
                organizations, and the public.
                    (e) The Working Group shall develop and issue 
                guidelines on the applicability and implementation of 
                sections 2 through 4 of this order.
                    (f) For purposes of this order, the Working Group 
                shall operate by consensus.

                Sec. 3. Responsibilities of Federal Agencies. To the 
                extent permitted by law, and consistent with the 
                principles and requirements of Executive Order 13563 
                and Executive Order 12866, each agency shall:

                    (a) if required to submit a Regulatory Plan 
                pursuant to Executive Order 12866, include in that plan 
                a summary of its international regulatory cooperation 
                activities that are reasonably anticipated to lead to 
                significant regulations, with an explanation of how 
                these activities advance the purposes of Executive 
                Order 13563 and this order;
                    (b) ensure that significant regulations that the 
                agency identifies as having significant international 
                impacts are designated as such in the Unified Agenda of 
                Federal Regulatory and Deregulatory Actions, on 
                RegInfo.gov, and on Regulations.gov;
                    (c) in selecting which regulations to include in 
                its retrospective review plan, as required by Executive 
                Order 13563, consider:

(i) reforms to existing significant regulations that address unnecessary 
differences in regulatory requirements between the United States and its 
major trading partners, consistent with section 1 of this order, when 
stakeholders provide adequate information to the agency establishing that 
the differences are unnecessary; and

(ii) such reforms in other circumstances as the agency deems appropriate; 
and

                    (d) for significant regulations that the agency 
                identifies as having significant international impacts, 
                consider, to the extent feasible, appropriate, and 
                consistent with law, any regulatory approaches by a 
                foreign government that the United States has agreed to 
                consider under a regulatory cooperation council work 
                plan.

                Sec. 4. Definitions. For purposes of this order:

                    (a) ``Agency'' means any authority of the United 
                States that is an ``agency'' under 44 U.S.C. 3502(1), 
                other than those considered to be independent 
                regulatory agencies, as defined in 44 U.S.C. 3502(5).
                    (b) ``International impact'' is a direct effect 
                that a proposed or final regulation is expected to have 
                on international trade and investment, or that 
                otherwise may be of significant interest to the trading 
                partners of the United States.
                    (c) ``International regulatory cooperation'' refers 
                to a bilateral, regional, or multilateral process, 
                other than processes that are covered by section 
                6(a)(ii), (iii), and (v) of this order, in which 
                national governments engage in various forms of 
                collaboration and communication with respect to 
                regulations, in particular a process that is reasonably 
                anticipated to lead to the development of significant 
                regulations.

[[Page 26415]]

                    (d) ``Regulation'' shall have the same meaning as 
                ``regulation'' or ``rule'' in section 3(d) of Executive 
                Order 12866.
                    (e) ``Significant regulation'' is a proposed or 
                final regulation that constitutes a significant 
                regulatory action.
                    (f) ``Significant regulatory action'' shall have 
                the same meaning as in section 3(f) of Executive Order 
                12866.

                Sec. 5. Independent Agencies. Independent regulatory 
                agencies are encouraged to comply with the provisions 
                of this order.

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department or agency, or the head 
thereof;

(ii) the coordination and development of international trade policy and 
negotiations pursuant to section 411 of the Trade Agreements Act of 1979 
(19 U.S.C. 2451) and section 141 of the Trade Act of 1974 (19 U.S.C. 2171);

(iii) international trade activities undertaken pursuant to section 3 of 
the Act of February 14, 1903 (15 U.S.C. 1512), subtitle C of the Export 
Enhancement Act of 1988, as amended (15 U.S.C. 4721 et seq.), and 
Reorganization Plan No. 3 of 1979 (19 U.S.C. 2171 note);

(iv) the authorization process for the negotiation and conclusion of 
international agreements pursuant to 1 U.S.C. 112b(c) and its implementing 
regulations (22 C.F.R. 181.4) and implementing procedures (11 FAM 720);

(v) activities in connection with subchapter II of chapter 53 of title 31 
of the United States Code, title 26 of the United States Code, or Public 
Law 111-203 and other laws relating to financial regulation; or (vi) the 
functions of the Director of OMB relating to budgetary, administrative, or 
legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 1, 2012.

[FR Doc. 2012-10968
Filed 5-3-12; 8:45 am]
Billing code 3295-F2-P