Sec. 4. Trade Negotiations Under Title I of the Act. (a) The functions of the President under Section 102 of the Act concerning notice to, and consultation with, Congress, in connection with agreements on nontariff barriers to, and other distortions of, trade, are hereby delegated to the Special Representative. (b) The Special Representative, after consultation with the Committee, shall prepare, for the President's transmission to Congress, all proposed legislation and other documents necessary or appropriate for the implementation of, or otherwise required in connection with, trade agreements; provided, however, that where implementation of an agreement on nontariff barriers to, and other distortions of, trade requires a change in a domestic law, the department or agency having the primary interest in the administration of such domestic law shall prepare and transmit to the Special Representative the proposed legislation necessary or appropriate for such implementation. (c) The functions of the President under Section 131(c) of the Act with respect to advice of the International Trade Commission and under Section 132 of the Act with respect to advice of the departments of the Federal Government and other sources, are delegated to the Special Representative. The functions of the President under Section 133 of the Act with respect to public hearings in connection with certain trade negotiations are delegated to the Special Representative, who shall designate an interagency committee to hold and conduct any such hearings. (d) The functions of the President under Section 135 of the Act with respect to advisory committees and, notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (86 Stat. 770, 5 U.S.C. App. I), except that of reporting annually to Congress, which are applicable to advisory committees under the Act are delegated to the Special Representative. In establishing and organizing general policy advisory committees or sector advisory committees under Section 135(c) of the Act, the Special Representative shall act through the Secretaries of Commerce, Labor and Agriculture, as appropriate. (e) The functions of the President with respect to determining ad valorem amounts and equivalents pursuant to Sections 601 (3) and (4) of the Act are hereby delegated to the Special Representative. The International Trade Commission is requested to advise the Special Representative with respect to determining such ad valorem amounts and equivalents. The Special Representative shall seek the advice of the Commission and consult with the Committee with respect to the determination of such ad valorem amounts and equivalents. (f) Advice of the International Trade Commission under Section 131 of the Act, and other advice or reports by the International Trade Commission to the President or the Special Representative, the release or disclosure of which is not specifically authorized or required by law, shall not be released or disclosed in any manner or to any extent not specifically authorized by the President or by the Special Representative. Sec. 5. Import Relief and Market Disruption. (a) The Special Representative is authorized to request from the International Trade Commission the information specified in Sections 202(d) and 203(i) (1) and (2) of the Act. (b) The Secretary of the Treasury, in consultation with the Secretary of Commerce or the Secretary of Agriculture, as appropriate, is authorized to issue, under Section 203(g) of the Act, regulations governing the administration of any quantitative restrictions proclaimed in order to provide import relief and is authorized to issue, under Section 203(g) of the Act or 352(b) of the Trade Expansion Act of 1962, regulations governing the entry, or withdrawal from warehouses for consumption, of articles pursuant to any orderly marketing agreement. (c) The Secretary of Commerce shall exercise primary responsibility for monitoring imports under any orderly marketing agreement. Sec. 6.5 Unfair Trade Practices. *** [Revoked-1980] Sec. 7.6 East-West Foreign Trade Board. (a) In accordance with Section 411 of the Act, there is hereby established the East-West Foreign Trade Board, hereinafter referred to as the Board. The Board shall be composed of the following members and such additional members of the Executive branch as the President may designate: (1) The Secretary of State. (2) The Secretary of the Treasury. (5) The Secretary of Commerce. (6) The Special Representative for Trade Negotiations. (7) The Director of the Office of Management and Budget. (8) The Chairman of the Council of Economic Advisors. 8 (9) The President of the Export-Import Bank of the United States. The President shall designate the Chairman and the Deputy Chairman of the Board. The President may designate an Executive Secretary, who shall be Chairman of a working group which will include membership from the agencies represented on the Board. (b) The Board shall perform such functions as are required by Section 411 of the Act and such other functions as the President may direct. (c) The Board is authorized to promulgate such rules and regulations as are necessary or appropriate to carry out its responsibilities under the Act and this Order. 5 Sec. 6, relating to unfair trade practices, was revoked by sec. 1-105(e) of Executive Order 12188. The East-West Foreign Trade Board was abolished by sec. 6 of Reorganization Plan No. 3 of 1979 (International Trade). 7 The Secretary of Defense was added to the list by Executive Order 11894, Jan. 6, 1976, 41 F.R. 1041. 8 Executive Order 12102 struck as members of the East-West Foreign Trade Board, the Execu tive Director of the Council on International Economic Policy and the Assistant to the President for Economic Affairs and added this new member. (d) The Secretary of State shall advise the President with respect to determinations required to be made in connection with Sections 402 and 409 of the Act (dealing with freedom of emigration) and Section 403 (dealing with United States personnel missing in action in Southeast Asia), and shall prepare, for the President's transmission to Congress, the reports and other documents required by Sections 402 and 409 of the Act. (e) The President's Committee on East-West Trade Policy, established by Executive Order No. 11789 of June 25, 1974, as amended by Section 6(d) of Executive Order No. 11808 of September 30, 1974, is abolished and all of its records are transferred to the Board. Sec. 8. Generalized System of Preferences. (a) The Special Representative, in consultation with the Secretary of State, shall be responsible for the administration of the generalized system of preferences under Title V of the Act. (b) The Committee, through the Special Representative, shall advise the President as to which countries should be designated as beneficiary developing countries, and as to which articles should be designated as eligible articles for the purposes of the system of generalized preferences. Sec. 9. Prior Executive Orders. (a) Executive Order No. 11789 of June 25, 1974, and Section 6(d) of Executive Order No. 11808 of September 30, 1974, relating to the President's Committee on East-West Trade Policy are hereby revoked. (b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075 of January 15, 1963, are hereby revoked effective April 3, 1975; (2) the remainder of Executive Order No. 11075, and Executive Order No. 11106 of April 18, 1963 and Executive Order No. 11113 of June 13, 1963, are hereby revoked. 2. Export Administration a. Export Administration Act of 1979 1 Public Law 96–72 [S. 737], 93 Stat. 503, approved September 29, 1979; as amended by Public Law 96-533 [International Security and Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131 at 3157, approved December 16, 1980; Public Law 97-145 [Export Administration Act of 1981; H.R. 3567], 95 Stat. 1727, approved December 29, 1981; Public Law 98-108 [H.R. 3962], 97 Stat. 744, approved October 1, 1983; Public Law 98-207 [H.R. 4476], 97 Stat. 1391, approved December 5, 1983; Public Law 98-222 [H.R. 4956], 98 Stat. 36, approved February 29, 1984; Public Law 99-64 [Export Administration Amendments Act of 1985; S. 883], 99 Stat. 120, approved July 12, 1985; Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public Law 99-633 [S. 2245], 100 Stat. 3522, approved November 7, 1986; Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public Law 100-449 [United States-Canada Free-Trade Agreement Implementation Act of 1988; H.R. 5090], 102 Stat. 1851, approved September 28, 1988; and by Public Law 101-222 [AntiTerrorism and Arms Export Amendments Act of 1989; H.R. 91], 103 Stat. 1892, approved December 12, 1989 NOTE.-The Export Administration Act of 1979 replaced the Export Administration Act of 1969, as amended, which expired on Sept. 30, 1979. The Export Administration Act of 1979 was comprehensively amended by the Export Administration Amendments Act of 1985 [Public Law 99-64; 99 Stat. 120]. The current text of the Act is reproduced below. AN ACT To provide authority to regulate exports, to improve the efficiency of export regulation, and to minimize interference with the ability to engage in com merce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1.1 This Act may be cited as the "Export Administration Act of 1979". FINDINGS SEC. 2.2 The Congress makes the following findings: (1) The ability of the United States citizens to engage in international commerce is a fundamental concern of United States policy. 150 U.S.C. App. 2401 note. 2 50 U.S.C. App. 2401. (2) Exports contribute significantly to the economic wellbeing of the United States and the stability of the world economy by increasing employment and production in the United States, and by earning foreign exchange, thereby contributing favorably to the trade balance. The restriction of exports from the United States can have serious adverse effects on the balance of payments and on domestic employment, particularly when restrictions applied by the United States are more extensive than those imposed by other countries. (3) It is important for the national interest of the United States that both the private sector and the Federal Government place a high priority on exports, consistent with the economic, security, and foreign policy objectives of the United States. (4) The availability of certain materials at home and abroad varies so that the quantity and composition of United States exports and their distribution among importing countries may affect the welfare of the domestic economy and may have an important bearing upon fulfillment of the foreign policy of the United States. (5) Exports of goods or technology without regard to whether they make a significant contribution to the military potential of individual countries or combinations of countries may adversely affect the national security of the United States. (6) Uncertainty of export control policy can inhibit the efforts of United States business and work to the detriment of the overall attempt to improve the trade balance of the United States. (7) Unreasonable restrictions on access to world supplies can cause worldwide political and economic instability, interfere with free international trade, and retard the growth and development of nations. (8) It is important that the administration of export controls imposed for national security purposes give special emphasis to the need to control exports of technology (and goods which contribute significantly to the transfer of such technology) which could make a significant contribution to the military potential of any country or combination of countries which would be detrimental to the national security of the United States. (9) Minimization of restrictions on exports of agricultural commodities and products is of critical importance to the maintenance of a sound agricultural sector, to a positive contribution to the balance of payments, to reducing the level of Federal expenditures for agricultural support programs, and to United States cooperation in efforts to eliminate malnutrition and world hunger. (10) It is important that the administration of export controls imposed for foreign policy purposes give special emphasis to the need to control exports of goods and substances hazardous to the public health and the environment which are banned or severely restricted for use in the United States, and which, if exported, could affect the international reputation of the United States as a responsible trading partner. |