81_FR_49659 81 FR 49515 - Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015

81 FR 49515 - Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015

Executive Office of the President

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range49515-49516
FR Document2016-17945

Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016)
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Presidential Documents]
[Pages 49515-49516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17945]



[[Page 49513]]

Vol. 81

Wednesday,

No. 144

July 27, 2016

Part IV





The President





-----------------------------------------------------------------------



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



                                                                                                                                                                                  49515

                                                  Federal Register                                     Presidential Documents
                                                  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 Enforce-
                                                                                                       ment 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 Com-
                                                                                                       merce 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
sradovich on DSK3GMQ082PROD with PRES DOCS




                                                                                                       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 per-
                                                                                                       forming 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


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                                                  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]
                                                  Billing code 3295–F6–P
sradovich on DSK3GMQ082PROD with PRES DOCS




                                                                                                                                                                                          OB#1.EPS</GPH>




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Document Created: 2018-02-08 08:02:54
Document Modified: 2018-02-08 08:02:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionPresidential Documents
FR Citation81 FR 49515 

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