Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015, 49513-49516 [2016-17945]

Download as PDF Vol. 81 Wednesday, No. 144 July 27, 2016 Part IV The President sradovich on DSK3GMQ082PROD with PRES DOCS Executive Order 13733—Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015 VerDate Sep<11>2014 18:56 Jul 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27JYO0.SGM 27JYO0 sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:56 Jul 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\27JYO0.SGM 27JYO0 49515 Presidential Documents Federal Register Vol. 81, No. 144 Wednesday, July 27, 2016 Title 3— Executive Order 13733 of July 22, 2016 The President Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trade Facilitation and Trade Enforcement Act of 2015 (the ‘‘Act’’) (Public Law 114–125) and section 301 of title 3, United States Code, I hereby order as follows: Section 1. Authorities and Functions under the Act. (a) The functions of the President under section 2313A(b) of the Export Enhancement Act of 1988, as added by section 504 of the Act, are assigned to the Secretary of Commerce. In carrying out its functions, the State and Federal Export Promotion Coordination Working Group established by the Secretary of Commerce under this section shall also coordinate with local and municipal governments representing regionally diverse areas. (b) The functions of the President under section 909(d) of the Act are assigned to the Secretary of State, in consultation with other relevant Federal agencies. (c) The functions of the President under section 915(d) of the Act are assigned to the Administrator of the United States Agency for International Development, in consultation with the Secretary of State and the United States Trade Representative (U.S. Trade Representative). sradovich on DSK3GMQ082PROD with PRES DOCS (d) The functions of the President under section 915(e) of the Act are assigned to the U.S. Trade Representative, in consultation with the Secretary of State. Sec. 2. Engagement on Currency Exchange Rate and Economic Policies. (a) Prior to undertaking an enhanced analysis of a country pursuant to section 701(a)(2)(A)(ii) of the Act, the Secretary of the Treasury shall seek the views of the U.S. Trade Representative on changes in trade restrictions in that country. (b) In exercising the functions under section 701(b)(2)(A) of the Act, the Secretary of the Treasury shall consult with the Secretary of State in making any determination that commencing enhanced bilateral engagement with a country would cause serious harm to the national security of the United States. (c) If the Secretary of the Treasury determines, pursuant to section 701(c)(1) of the Act, that a country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in section 701(b)(1)(A) of the Act with respect to that country, the Assistant to the President for Economic Policy, in consultation with the Secretary of the Treasury, the U.S. Trade Representative, the Secretary of State, and the Secretary of Commerce, shall make a recommendation to the President regarding which of the actions set forth in sections 701(c)(1)(A) through (D) of the Act the President should take, or whether the President should waive, pursuant to section 701(c)(2) of the Act, the requirement to take remedial action. Sec. 3. General Provisions. (a) In exercising authority delegated by or performing functions assigned in this order, the Secretaries of State, the Treasury, and Commerce and the U.S. Trade Representative and their delegees: (i) shall ensure that all actions taken by them are consistent with the President’s constitutional authority to (A) conduct the foreign affairs of VerDate Sep<11>2014 18:56 Jul 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYO0.SGM 27JYO0 49516 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Presidential Documents the United States, including the commencement, conduct, and termination of negotiations with foreign countries and international organizations; (B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties; (C) recommend for congressional consideration such measures as the President may judge necessary or expedient; and (D) supervise the executive branch; and (ii) may redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law, including section 301 of title 3, United States Code, and such redelegation or further assignment shall be published in the Federal Register. (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. THE WHITE HOUSE, July 22, 2016. [FR Doc. 2016–17945 Filed 7–26–16; 11:15 am] VerDate Sep<11>2014 18:56 Jul 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYO0.SGM 27JYO0 OB#1.EPS</GPH> sradovich on DSK3GMQ082PROD with PRES DOCS Billing code 3295–F6–P

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[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Presidential Documents]
[Pages 49513-49516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17945]



[[Page 49513]]

Vol. 81

Wednesday,

No. 144

July 27, 2016

Part IV





The President





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Executive Order 13733--Delegation of Certain Authorities and Assignment 
of Certain Functions Under the Trade Facilitation and Trade Enforcement 
Act of 2015


                        Presidential Documents 



Federal Register / Vol. 81 , No. 144 / Wednesday, July 27, 2016 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 49515]]

                Executive Order 13733 of July 22, 2016

                
Delegation of Certain Authorities and Assignment 
                of Certain Functions Under the Trade Facilitation and 
                Trade Enforcement Act of 2015

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Trade Facilitation and Trade 
                Enforcement Act of 2015 (the ``Act'') (Public Law 114-
                125) and section 301 of title 3, United States Code, I 
                hereby order as follows:

                Section 1. Authorities and Functions under the Act. (a) 
                The functions of the President under section 2313A(b) 
                of the Export Enhancement Act of 1988, as added by 
                section 504 of the Act, are assigned to the Secretary 
                of Commerce. In carrying out its functions, the State 
                and Federal Export Promotion Coordination Working Group 
                established by the Secretary of Commerce under this 
                section shall also coordinate with local and municipal 
                governments representing regionally diverse areas.

                    (b) The functions of the President under section 
                909(d) of the Act are assigned to the Secretary of 
                State, in consultation with other relevant Federal 
                agencies.
                    (c) The functions of the President under section 
                915(d) of the Act are assigned to the Administrator of 
                the United States Agency for International Development, 
                in consultation with the Secretary of State and the 
                United States Trade Representative (U.S. Trade 
                Representative).
                    (d) The functions of the President under section 
                915(e) of the Act are assigned to the U.S. Trade 
                Representative, in consultation with the Secretary of 
                State.

                Sec. 2. Engagement on Currency Exchange Rate and 
                Economic Policies. (a) Prior to undertaking an enhanced 
                analysis of a country pursuant to section 
                701(a)(2)(A)(ii) of the Act, the Secretary of the 
                Treasury shall seek the views of the U.S. Trade 
                Representative on changes in trade restrictions in that 
                country.

                    (b) In exercising the functions under section 
                701(b)(2)(A) of the Act, the Secretary of the Treasury 
                shall consult with the Secretary of State in making any 
                determination that commencing enhanced bilateral 
                engagement with a country would cause serious harm to 
                the national security of the United States.
                    (c) If the Secretary of the Treasury determines, 
                pursuant to section 701(c)(1) of the Act, that a 
                country has failed to adopt appropriate policies to 
                correct the undervaluation and surpluses described in 
                section 701(b)(1)(A) of the Act with respect to that 
                country, the Assistant to the President for Economic 
                Policy, in consultation with the Secretary of the 
                Treasury, the U.S. Trade Representative, the Secretary 
                of State, and the Secretary of Commerce, shall make a 
                recommendation to the President regarding which of the 
                actions set forth in sections 701(c)(1)(A) through (D) 
                of the Act the President should take, or whether the 
                President should waive, pursuant to section 701(c)(2) 
                of the Act, the requirement to take remedial action.

                Sec. 3. General Provisions. (a) In exercising authority 
                delegated by or performing functions assigned in this 
                order, the Secretaries of State, the Treasury, and 
                Commerce and the U.S. Trade Representative and their 
                delegees:

(i) shall ensure that all actions taken by them are consistent with the 
President's constitutional authority to (A) conduct the foreign affairs of

[[Page 49516]]

the United States, including the commencement, conduct, and termination of 
negotiations with foreign countries and international organizations; (B) 
withhold information the disclosure of which could impair the foreign 
relations, the national security, the deliberative processes of the 
Executive, or the performance of the Executive's constitutional duties; (C) 
recommend for congressional consideration such measures as the President 
may judge necessary or expedient; and (D) supervise the executive branch; 
and

(ii) may redelegate authority delegated by this order and may further 
assign functions assigned by this order to officers of any other department 
or agency within the executive branch to the extent permitted by law, 
including section 301 of title 3, United States Code, and such redelegation 
or further assignment shall be published in the Federal Register.

                    (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,

                    July 22, 2016.

[FR Doc. 2016-17945
Filed 7-26-16; 11:15 am]
Billing code 3295-F6-P