[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Presidential Documents]
[Pages 10657-10660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04254]



[[Page 10655]]

Vol. 79

Tuesday,

No. 37

February 25, 2014

Part III





The President





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Executive Order 13659--Streamlining the Export/Import Process for 
America's Businesses
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                         Presidential Documents 
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  Federal Register / Vol. 79 , No. 37 / Tuesday, February 25, 2014 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 10657]]

                Executive Order 13659 of February 19, 2014

                
Streamlining the Export/Import Process for 
                America's Businesses

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to reduce supply chain barriers 
                to commerce while continuing to protect our national 
                security, public health and safety, the environment, 
                and natural resources, it is hereby ordered as follows:

                Section 1. Policy. The United States is the world's 
                largest economy and the largest trading Nation. Trade 
                is critical to the Nation's prosperity--fueling 
                economic growth, supporting good jobs at home, raising 
                living standards, and helping Americans provide for 
                their families with affordable goods and services. It 
                is the policy of the United States to promote commerce 
                through the effective implementation of an ambitious 
                21st century trade agenda and vigorous enforcement of 
                our Nation's laws relating to trade, security, public 
                health and safety, the environment, and natural 
                resources. In support of these goals, and to ensure 
                that our Nation is well-positioned to compete in an 
                open, fair, and growing world economy, the Federal 
                Government must increase efforts to improve the 
                technologies, policies, and other controls governing 
                the movement of goods across our national borders.

                In particular, we must increase efforts to complete the 
                development of efficient and cost-effective trade 
                processing infrastructure, such as the International 
                Trade Data System (ITDS), to modernize and simplify the 
                way that executive departments and agencies (agencies) 
                interact with traders. We must also improve the broader 
                trade environment through the development of innovative 
                policies and operational processes that promote 
                effective application of regulatory controls, 
                collaborative arrangements with stakeholders, and a 
                reduction of unnecessary procedural requirements that 
                add costs to both agencies and industry and undermine 
                our Nation's economic competitiveness. By demonstrating 
                our commitment to utilizing technology, coordinating 
                government processes, fulfilling international 
                obligations, and embracing innovative approaches to 
                promote new opportunities for trade facilitation in the 
                21st century, we can lead by example and partner with 
                other countries willing to adopt similar programs. This 
                will encourage compliance with applicable laws and, 
                more broadly, result in a more prosperous, safe, 
                secure, and sustainable trading environment for all.

                Sec. 2. Policy Coordination. Policy coordination, 
                guidance, dispute resolution, and periodic reviews for 
                the functions and programs set forth in this order 
                shall be provided through the interagency process 
                established in Presidential Policy Directive-1 of 
                February 13, 2009 (Organization of the National 
                Security Council System), or any successor.

                Sec. 3. International Trade Data System. The ITDS, as 
                described in section 405 of the Security and 
                Accountability for Every Port Act of 2006 (the ``SAFE 
                Port Act'') (Public Law 109-347), is an electronic 
                information exchange capability, or ``single window,'' 
                through which businesses will transmit data required by 
                participating agencies for the importation or 
                exportation of cargo. To enhance Federal coordination 
                associated with the development of the ITDS and to 
                provide necessary transparency to businesses, agencies, 
                and other potential users:

[[Page 10658]]

                    (a) by December 31, 2016, participating agencies 
                shall have capabilities, agreements, and other 
                requirements in place to utilize the ITDS and 
                supporting systems, such as the Automated Commercial 
                Environment, as the primary means of receiving from 
                users the standard set of data and other relevant 
                documentation (exclusive of applications for permits, 
                licenses, or certifications) required for the release 
                of imported cargo and clearance of cargo for export;
                    (b) by December 31, 2016, the Department of 
                Homeland Security shall confirm to the Secretary of the 
                Treasury and the ITDS Board of Directors (Board), which 
                serves as the Interagency Steering Committee 
                established under section 405 of the SAFE Port Act, 
                that the ITDS has the operational capabilities to 
                enable users to:

(i) transmit a harmonized set of import and export data elements, to be 
collected, stored, and shared, via a secure single window, to fulfill U.S. 
Government requirements for the release and clearance of goods; and

(ii) transition from paper-based requirements and procedures to faster and 
more cost-effective electronic submissions to, and communications with, 
agencies;

                    (c) the Board shall, in consultation with ITDS 
                participating agencies, define the standard set of data 
                elements to be collected, stored, and shared in the 
                ITDS; and continue to periodically review those data 
                elements in order to update the standard set of data 
                elements, as necessary;
                    (d) the Board shall continue to assist the 
                Secretary of the Treasury in overseeing the 
                implementation of, and participation in, the ITDS, 
                including the establishment of the ITDS capabilities 
                and requirements associated with the collection from 
                users and distribution to relevant agencies of standard 
                electronic import and export data; and
                    (e) the Board shall make publicly available a 
                timeline outlining the development and delivery of the 
                secure ITDS capabilities, as well as agency 
                implementation plans and schedules. Agencies shall take 
                such steps as are necessary to meet the timeline, 
                including timely completion of all appropriate 
                agreements, including memoranda of understanding, and 
                other required documents that establish procedures and 
                guidelines for the secure exchange and safeguarding of 
                data among agencies and, as appropriate, with other 
                Federal Government entities.

                Sec. 4. Establishment of the Border Interagency 
                Executive Council. (a) There is established the Border 
                Interagency Executive Council (BIEC), an interagency 
                working group to be chaired by the Secretary of 
                Homeland Security or a senior-level designee from the 
                Department. The BIEC shall also have a Vice Chair, 
                selected every 2 years from among the members of the 
                BIEC by a process determined by the members. The BIEC 
                shall develop policies and processes to enhance 
                coordination across customs, transport security, health 
                and safety, sanitary, conservation, trade, and 
                phytosanitary agencies with border management 
                authorities and responsibilities to measurably improve 
                supply chain processes and improve identification of 
                illicit shipments.

                    (b) The Department of Homeland Security shall 
                provide funding and administrative support for the 
                BIEC, to the extent permitted by law.
                    (c) In addition to the Chair and Vice Chair, the 
                BIEC shall include designated senior-level 
                representatives from agencies that provide approval 
                before goods can be imported and exported, including 
                the Departments of State, the Treasury, Defense, the 
                Interior, Agriculture, Commerce, Health and Human 
                Services, Transportation, and Homeland Security, the 
                Environmental Protection Agency, and other agencies 
                with border management interests or authorities, as 
                determined by the Chair and Vice Chair. The BIEC shall 
                also include appropriate representatives from the 
                Executive Office of the President.

                Sec. 5. Functions of the BIEC. The BIEC shall:

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                    (a) develop common risk management principles and 
                methods to inform agency operations associated with the 
                review and release of cargo at the border and encourage 
                compliance with applicable law;
                    (b) develop policies and processes to orchestrate, 
                improve, and accelerate agency review of electronic 
                trade data transmitted through relevant systems and 
                provide coordinated and streamlined responses back to 
                users to facilitate trade and support and advance 
                compliance with applicable laws and international 
                agreements, including (in coordination with, and as 
                recommendations to, the Board) policies and processes 
                designed to assist the Secretary of the Treasury, as 
                appropriate, with activities related to the ITDS;
                    (c) identify opportunities to streamline Federal 
                Government systems and reduce costs through the 
                elimination of redundant capabilities or through 
                enhanced utilization of the Automated Commercial 
                Environment capabilities as a means of improving supply 
                chain management processes;
                    (d) assess, in collaboration with the Board, the 
                business need, feasibility, and potential benefits of 
                developing or encouraging the private-sector 
                development of web-based interfaces to electronic data 
                systems, including the ITDS, for individuals and small 
                businesses;
                    (e) engage with and consider the advice of industry 
                and other relevant stakeholders regarding opportunities 
                to improve supply chain management processes, with the 
                goal of promoting economic competitiveness through 
                enhanced trade facilitation and enforcement;
                    (f) encourage other countries to develop similar 
                single window systems to facilitate the sharing of 
                relevant data, as appropriate, across governmental 
                systems and with trading partners; and
                    (g) assess, in consultation with the Department of 
                the Treasury, opportunities to facilitate electronic 
                payment of duties, taxes, fees, and charges due at 
                importation. The Federal Government endorses electronic 
                payment of duties, taxes, fees, and charges due at 
                importation, and currently allows payment 
                electronically through various systems.

                Sec. 6. Regulatory Review. To support the Federal 
                Government's rapid development of the ITDS that, to the 
                greatest extent possible, relies upon the collection, 
                exchange, and processing of electronic data, each 
                agency that utilizes the ITDS shall:

                    (a) as part of the retrospective review report due 
                to the Office of Information and Regulatory Affairs 
                (OIRA) on July 14, 2014, pursuant to Executive Order 
                13610 of May 10, 2012 (Identifying and Reducing 
                Regulatory Burdens), unless directed otherwise through 
                subsequent guidance from OIRA, determine whether any 
                regulations should be modified to achieve the 
                requirements set forth in this order; and
                    (b) promptly initiate rulemaking proceedings to 
                implement necessary regulatory modifications identified 
                pursuant to subsection (a) of this section.

                Sec. 7. Reports. (a) Within 180 days of the date of 
                this order, agencies with border management interests 
                or authorities shall report to the Board on their 
                anticipated use of international standards for product 
                classification and identification.

                    (b) By July 1, 2014, and every year thereafter 
                until July 2016, the BIEC, in consultation with the 
                Board, shall provide to the President, through the 
                Assistant to the President for Homeland Security and 
                Counterterrorism, a report on the implementation of 
                section 5 of this order.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, 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.

[[Page 10660]]

                    (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.
                    (d) Independent agencies are strongly encouraged to 
                comply with the requirements of this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 19, 2014.

[FR Doc. 2014-04254
Filed 2-24-14; 11:15 am]
Billing code 3295-F4