[Weekly Compilation of Presidential Documents Volume 32, Number 42 (Monday, October 21, 1996)]
[Pages 2066-2067]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13020--Amendment to Executive Order 12981

October 12, 1996

    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

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      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 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.
                                            William J. Clinton
The White House,
October 12, 1996.

[Filed with the Office of the Federal Register, 8:45 a.m., October 16, 
1996]

Note: This Executive order was released by the Office of the Press 
Secretary on October 15, and it was published in the Federal Register on 
October 17.