[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Presidential Documents]
[Pages 16129-16132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05967]
[[Page 16127]]
Vol. 78
Wednesday,
No. 49
March 13, 2013
Part III
The President
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Executive Order 13637--Administration of Reformed Export Controls
Presidential Documents
Federal Register / Vol. 78 , No. 49 / Wednesday, March 13, 2013 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 13637 of March 8, 2013
Administration of Reformed Export Controls
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Arms Export Control Act, as
amended (22 U.S.C. 2751 et seq.) (the ``Act''), and
section 301 of title 3, United States Code, it is
hereby ordered as follows:
Section 1. Delegation of Functions. The following
functions conferred upon the President by the Act, and
related laws, are delegated as follows:
(a) Those under section 3 of the Act (22 U.S.C.
2753), with the exception of subsections (a)(1), (b),
(c)(3), (c)(4), and (f) (22 U.S.C. 2753(a)(1), (b),
(c)(3), (c)(4), and (f)), to the Secretary of State.
The Secretary of State, in the implementation of the
delegated functions under sections 3(a) and (d) of the
Act (22 U.S.C. 2753(a) and (d)), is authorized to find,
in the case of a proposed transfer of a defense article
or related training or other defense service by a
foreign country or international organization not
otherwise eligible under section 3(a)(1) of the Act (22
U.S.C. 2753(a)(1)), whether the proposed transfer will
strengthen the security of the United States and
promote world peace.
(b) Those under section 5 (22 U.S.C. 2755) to the
Secretary of State.
(c) Those under section 21 of the Act (22 U.S.C.
2761), with the exception of the last sentence of
subsection (d) and all of subsection (i) (22 U.S.C.
2761(d) and (i)), to the Secretary of Defense.
(d) Those under sections 22(a), 29, 30, and 30A of
the Act (22 U.S.C. 2762(a), 2769, 2770, and 2770a) to
the Secretary of Defense.
(e) Those under section 23 of the Act (22 U.S.C.
2763), and under section 7069 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (Public Law 112-74, Division
I) and any subsequently enacted provision of law that
is the same or substantially the same, to the Secretary
of Defense to be exercised in consultation with the
Secretary of State and, other than the last sentence of
section 23(a) (22 U.S.C. 2763(a)), in consultation with
the Secretary of the Treasury, except that the
President shall determine any rate of interest to be
charged that is less than the market rate of interest.
(f) Those under sections 24 and 27 of the Act (22
U.S.C. 2764 and 2767) to the Secretary of Defense. The
Secretary of Defense shall consult with the Secretary
of State and the Secretary of the Treasury in
implementing the delegated functions under section 24
(22 U.S.C. 2764) and with the Secretary of State in
implementing the delegated functions under section 27
(22 U.S.C. 2767).
(g) Those under section 25 of the Act (22 U.S.C.
2765) to the Secretary of State. The Secretary of
Defense shall assist the Secretary of State in the
preparation of materials for presentation to the
Congress under that section.
(h) Those under section 34 of the Act (22 U.S.C.
2774) to the Secretary of State. To the extent the
standards and criteria for credit and guaranty
transactions are based upon national security or
financial policies, the Secretary of State shall obtain
the prior concurrence of the Secretary of Defense and
the Secretary of the Treasury, respectively.
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(i) Those under section 35(a) of the Act (22 U.S.C.
2775(a)) to the Secretary of State.
(j) Those under sections 36(a) and 36(b)(1) of the
Act (22 U.S.C. 2776(a) and (b)(1)), except with respect
to the certification of an emergency as provided by
subsection (b)(1) (22 U.S.C. 2776(b)(1)), to the
Secretary of Defense. The Secretary of Defense, in the
implementation of the delegated functions under
sections 36(a) and (b)(1) (22 U.S.C. 2776(a) and
(b)(1)), shall consult with the Secretary of State.
With respect to those functions under sections 36(a)(5)
and (6) (22 U.S.C. 2776(a)(5) and (6)), the Secretary
of Defense shall consult with the Director of the
Office of Management and Budget.
(k) Those under section 36(b)(1) with respect to
the certification of an emergency as provided by
subsection (b)(1) and under sections 36(c) and (d) of
the Act (22 U.S.C. 2776(b)(1), (c), and (d)) to the
Secretary of State.
(l) Those under section 36(f)(1) of the Act (22
U.S.C. 2776(f)(1)) to the Secretary of Defense.
(m) Those under sections 36(f)(2) and (f)(3) of the
Act (22 U.S.C. 2776(f)(2) and (f)(3)) to the Secretary
of State.
(n) Those under section 38 of the Act (22 U.S.C.
2778) to:
(i) the Secretary of State, except as otherwise provided in this
subsection. Designations, including changes in designations, by the
Secretary of State of items or categories of items that shall be considered
as defense articles and defense services subject to export control under
section 38 (22 U.S.C. 2778) shall have the concurrence of the Secretary of
Defense. The authority to undertake activities to ensure compliance with
established export conditions may be redelegated to the Secretary of
Defense, or to the head of another executive department or agency as
appropriate, who shall exercise such functions in consultation with the
Secretary of State;
(ii) the Attorney General, to the extent they relate to the control of the
permanent import of defense articles and defense services. In carrying out
such functions, the Attorney General shall be guided by the views of the
Secretary of State on matters affecting world peace, and the external
security and foreign policy of the United States. Designations, including
changes in designations, by the Attorney General of items or categories of
items that shall be considered as defense articles and defense services
subject to permanent import control under section 38 of the Act (22 U.S.C.
2778) shall be made with the concurrence of the Secretary of State and the
Secretary of Defense and with notice to the Secretary of Commerce; and
(iii) the Department of State for the registration and licensing of those
persons who engage in the business of brokering activities with respect to
defense articles or defense services controlled either for purposes of
export by the Department of State or for purposes of permanent import by
the Department of Justice.
(o) Those under section 39(b) of the Act (22 U.S.C.
2779(b)) to the Secretary of State. In carrying out
such functions, the Secretary of State shall consult
with the Secretary of Defense as may be necessary to
avoid interference in the application of Department of
Defense regulations to sales made under section 22 of
the Act (22 U.S.C. 2762).
(p) Those under the portion of section 40A of the
Act added by Public Law 104-164 (22 U.S.C. 2785), to
the Secretary of State insofar as they relate to
commercial exports licensed under the Act, and to the
Secretary of Defense insofar as they relate to defense
articles and defense services sold, leased, or
transferred under the Foreign Military Sales Program.
(q) Those under the portion of section 40A of the
Act added by the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132) (22 U.S.C.
2781), to the Secretary of State.
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(r) Those under sections 42(c) and (f) of the Act
(22 U.S.C. 2791(c) and (f)) to the Secretary of
Defense. The Secretary of Defense shall obtain the
concurrence of the Secretary of State and the Secretary
of Commerce on any determination considered under the
authority of section 42(c) of the Act (22 U.S.C.
2791(c)).
(s) Those under section 52(b) of the Act (22 U.S.C.
2795a(b)) to the Secretary of Defense.
(t) Those under sections 61 and 62(a) of the Act
(22 U.S.C. 2796 and 2796a(a)) to the Secretary of
Defense.
(u) Those under section 2(b)(6) of the Export-
Import Bank Act of 1945, as amended (12 U.S.C.
635(b)(6)) to the Secretary of State.
Sec. 2. Coordination. (a) In addition to the specific
provisions of section 1 of this order, the Secretary of
State and the Secretary of Defense, in carrying out the
functions delegated to them under this order, shall
consult with each other and with the heads of other
executive departments and agencies on matters
pertaining to their responsibilities.
(b) Under the direction of the President and in
accordance with section 2(b) of the Act (22 U.S.C.
2752(b)), the Secretary of State, taking into account
other United States activities abroad, shall be
responsible for the continuous supervision and general
direction of sales and exports under the Act, including
the negotiation, conclusion, and termination of
international agreements, and determining whether there
shall be a sale to a country and the amount thereof,
and whether there shall be delivery or other
performance under such sale or export, to the end that
sales and exports are integrated with other United
States activities and the foreign policy of the United
States is best served thereby.
Sec. 3. Allocation of Funds. Funds appropriated to the
President for carrying out the Act shall be deemed to
be allocated to the Secretary of Defense without any
further action of the President.
Sec. 4. Revocation. Executive Order 11958 of January
18, 1977, as amended, is revoked; except that, to the
extent consistent with this order, all determinations,
authorizations, regulations, rulings, certificates,
orders, directives, contracts, agreements, and other
actions made, issued, taken, or entered into under the
provisions of Executive Order 11958, as amended, and
not revoked, superseded, or otherwise made
inapplicable, shall continue in full force and effect
until amended, modified, or terminated by appropriate
authority.
Sec. 5. Delegation of Functions under the International
Emergency Economic Powers Act. Executive Order 13222 of
August 17, 2001, is amended as follows:
(a) Redesignate section 4 as section 6.
(b) Insert the following new sections 4 and 5 after
section 3: ``Sec. 4. The Secretary of Commerce shall,
to the extent required as a matter of statute or
regulation, establish appropriate procedures for when
Congress is to be notified of the export of firearms
that are subject to the jurisdiction of the Department
of Commerce under the Export Administration Regulations
and that are controlled for purposes of permanent
import by the Attorney General under section 38(a) of
the Arms Export Control Act (22 U.S.C. 2778(a)) and
appropriate procedures for when Congress is to be
notified of the export of Major Defense Equipment
controlled for purposes of permanent export under the
jurisdiction of the Department of Commerce.
Sec. 5. (a) The Secretary of State is hereby authorized
to take such actions and to employ those powers granted
to the President by the Act as may be necessary to
license or otherwise approve the export, reexport, or
transfer of items subject to the jurisdiction of the
Department of Commerce as agreed to by the Secretary of
State and the Secretary of Commerce.
(b) Notwithstanding subsection (a) of this section,
items licensed or otherwise approved by the Secretary
of State pursuant to this section remain subject to the
jurisdiction of the Department of Commerce.''
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Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
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,
Washington, March 8, 2013.
[FR Doc. 2013-05967
Filed 3-12-13; 11:15 am]
Billing code 3295-F3