19 August 2001
Source:
http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=01081703.clt&t=/products/washfile/newsitem.shtml
US Department of State
International Information Programs
Washington File
_________________________________
17 August 2001
(Emergency law invoked as EAA expires again) (930)
President Bush has decided to maintain the U.S. system of export
controls on advanced technology under emergency law once the
short-term extension of the Export Administration Act (EAA) expires on
August 20.
In an August 17 executive order, Bush invoked the International
Emergency Economic Powers Act (IEEPA) to keep export controls on
computers, machine tools and other technology in place until a time
when Congress passes a new EAA bill.
Attempts to pass legislation to reform the Cold War-era EAA have
stumbled in Congress more than 10 times over the past decade. When the
EAA lapsed in 1994, President Clinton invoked IEEPA to keep export
controls in place until 2000 when Congress passed an EAA extension
retroactive to 1994 and forward to August 20, 2001.
The Bush administration supports an EAA reform bill approved in the
Senate Banking Committee and scheduled for consideration by the full
Senate when Congress returns from its recess in September.
Before the recess, the House of Representatives passed a bill that
would have extended the existing EAA three more months, but the Senate
never considered it. Bush administration and Senate supporters of the
Senate Banking bill indicated they preferred to let EAA lapse again
temporarily rather than pass another short-term extension.
Following is the text of the executive order:
(begin text)
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release August 17, 2001
EXECUTIVE ORDER
-- - -- - -- - -
CONTINUATION OF EXPORT CONTROL REGULATIONS
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
section 203 of the International Emergency Economic Powers Act ("Act")
(50 U.S.C. 1702), I, GEORGE W. BUSH, President of the United States of
America, find that the unrestricted access of foreign parties to U.S.
goods and technology and the existence of certain boycott practices of
foreign nations, in light of the expiration of the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.),
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States and hereby
declare a national emergency with respect to that threat.
Accordingly, in order (a) to exercise the necessary vigilance over
exports and activities affecting the national security of the United
States; (b) to further significantly the foreign policy of the United
States, including its policy with respect to cooperation by U.S.
persons with certain foreign boycott activities, and to fulfill its
international responsibilities; and (c) to protect the domestic
economy from the excessive drain of scarce materials and reduce the
serious economic impact of foreign demand, it is hereby ordered as
follows:
Section 1. To the extent permitted by law, the provisions of the
Export Administration Act of 1979, as amended, and the provisions for
administration of the Export Administration Act of 1979, as amended,
shall be carried out under this order so as to continue in full force
and effect and amend, as necessary, the export control system
heretofore maintained by the Export Administration Regulations issued
under the Export Administration Act of 1979, as amended. The
delegations of authority set forth in Executive Order 12002 of July 7,
1977, as amended by Executive Order 12755 of March 12, 1991, and
Executive Order 13026 of November 15, 1996; Executive Order 12214 of
May 2, 1980; Executive Order 12735 of November 16, 1990; and Executive
Order 12851 of June 11, 1993, shall be incorporated in this order and
shall apply to the exercise of authorities under this order. All
actions under this order shall be in accordance with Presidential
directives relating to the export control system heretofore issued and
not re voked.
Sec. 2. All rules and regulations issued or continued in effect by the
Secretary of Commerce under the authority of the Export Administration
Act of 1979, as amended, including those published in Title 15,
Subtitle B, Chapter VII, Subchapter C, of the Code of Federal
Regulations, Parts 730 through 774, and all orders, regulations,
licenses, and other forms of administrative action issued, taken, or
continued in effect pursuant thereto, shall, until amended or revoked
by the Secretary of Commerce, remain in full force and effect as if
issued or taken pursuant to this order, except that the provisions of
sections 203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705)
shall control over any inconsistent provisions in the regulations.
Nothing in this section shall affect the continued applicability of
administrative sanctions provided for by the regulations described
above.
Sec. 3. Provisions for administration of section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) may be made and shall continue
in full force and effect until amended or revoked under the authority
of section 203 of the Act (50 U.S.C. 1702). To the extent permitted by
law, this order also shall constitute authority for the issuance and
continuation in full force and effect of all rules and regulations by
the President or his delegate, and all orders, licenses, and other
forms of administrative actions issued, taken, or continued in effect
pursuant thereto, relating to the administration of section 38(e).
Sec. 4. This order shall be effective as of midnight between August
20, 2001, and August 21, 2001, eastern daylight time.
GEORGE W. BUSH
THE WHITE HOUSE, August 17, 2001.
# # #
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
[Federal Register: August 22, 2001 (Volume 66, Number 163)]
[Presidential Documents]
[Page 44025-44026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au01-130]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 44025]]
Executive Order 13222 of August 17, 2001
Continuation of Export Control Regulations
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 section 203 of
the International Emergency Economic Powers Act
(``Act'') (50 U.S.C. 1702), I, GEORGE W. BUSH,
President of the United States of America, find that
the unrestricted access of foreign parties to U.S.
goods and technology and the existence of certain
boycott practices of foreign nations, in light of the
expiration of the Export Administration Act of 1979, as
amended (50 U.S.C. App. 2401 et seq.), constitute an
unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States and hereby declare a national emergency with
respect to that threat.
Accordingly, in order (a) to exercise the necessary
vigilance over exports and activities affecting the
national security of the United States; (b) to further
significantly the foreign policy of the United States,
including its policy with respect to cooperation by
U.S. persons with certain foreign boycott activities,
and to fulfill its international responsibilities; and
(c) to protect the domestic economy from the excessive
drain of scarce materials and reduce the serious
economic impact of foreign demand, it is hereby ordered
as follows:
Section 1. To the extent permitted by law, the
provisions of the Export Administration Act of 1979, as
amended, and the provisions for administration of the
Export Administration Act of 1979, as amended, shall be
carried out under this order so as to continue in full
force and effect and amend, as necessary, the export
control system heretofore maintained by the Export
Administration Regulations issued under the Export
Administration Act of 1979, as amended. The delegations
of authority set forth in Executive Order 12002 of July
7, 1977, as amended by Executive Order 12755 of March
12, 1991, and Executive Order 13026 of November 15,
1996; Executive Order 12214 of May 2, 1980; Executive
Order 12735 of November 16, 1990; and Executive Order
12851 of June 11, 1993, shall be incorporated in this
order and shall apply to the exercise of authorities
under this order. All actions under this order shall be
in accordance with Presidential directives relating to
the export control system heretofore issued and not
revoked.
Sec. 2. All rules and regulations issued or continued
in effect by the Secretary of Commerce under the
authority of the Export Administration Act of 1979, as
amended, including those published in Title 15,
Subtitle B, Chapter VII, Subchapter C, of the Code of
Federal Regulations, Parts 730 through 774, and all
orders, regulations, licenses, and other forms of
administrative action issued, taken, or continued in
effect pursuant thereto, shall, until amended or
revoked by the Secretary of Commerce, remain in full
force and effect as if issued or taken pursuant to this
order, except that the provisions of sections 203(b)(2)
and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705)
shall control over any inconsistent provisions in the
regulations. Nothing in this section shall affect the
continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for administration of section 38(e)
of the Arms Export Control Act (22 U.S.C. 2778(e)) may
be made and shall continue in full force and effect
until amended or revoked under the authority of section
203 of the Act (50 U.S.C. 1702). To the extent
permitted by law, this
[[Page 44026]]
order also shall constitute authority for the issuance
and continuation in full force and effect of all rules
and regulations by the President or his delegate, and
all orders, licenses, and other forms of administrative
actions issued, taken, or continued in effect pursuant
thereto, relating to the administration of section
38(e).
Sec. 4. This order shall be effective as of midnight
between August 20, 2001, and August 21, 2001, eastern
daylight time.
(Presidential Sig.)B
THE WHITE HOUSE,
August 17, 2001.
[FR Doc. 01-21338
Filed 8-21-01; 8:45 am]
Billing code 3195-01-P