Source
(Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320.)
Prior Provisions
A prior section
2401,
Pub. L. 91–184, § 2, Dec. 30, 1969,
83 Stat. 841;
Pub. L. 92–412, title I, § 102, Aug. 29, 1972,
86 Stat. 644;
Pub. L. 93–500, § 4(a), Oct. 29, 1974,
88 Stat. 1553, setting forth findings of Congress with respect to the Export Administration Act of 1969, expired on Sept. 30, 1979.
Amendments
1993—Pars. (11) to (13).
Pub. L. 103–199 redesignated pars. (12) and (13) as (11) and (12), respectively, and struck out former par. (11) which read as follows: “The acquisition of national security sensitive goods and technology by the Soviet Union and other countries the actions or policies of which run counter to the national security interests of the United States, has led to the significant enhancement of Soviet bloc military-industrial capabilities. This enhancement poses a threat to the security of the United States, its allies, and other friendly nations, and places additional demands on the defense budget of the United States.”
1985—Par. (2).
Pub. L. 99–64, § 102(1), substituted “by earning foreign exchange, thereby contributing favorably to the trade balance” for “by strengthening the trade balance and the value of the United States dollar, thereby reducing inflation”.
Par. (3).
Pub. L. 99–64, § 102(2), substituted “consistent with the economic, security, and foreign policy objectives of the United States” for “which would strengthen the Nation’s economy”.
Par. (6).
Pub. L. 99–64, § 102(3), amended par. (6) generally, substituting “inhibit the efforts of United States business and work” for “curtail the efforts of American business”.
Par. (9).
Pub. L. 99–64, § 102(4), substituted “a positive contribution to the balance of payments” for “achievement of a positive balance of payments”.
Pars. (10) to (13).
Pub. L. 99–64, § 102(5), added pars. (10) to (13).
Short Title of 1988 Amendment
Pub. L. 100–418, title II, § 2441, Aug. 23, 1988,
102 Stat. 1364, provided that: “This part [part II (§§ 2441–2447) of subtitle D of title II of
Pub. L. 100–418, enacting section
2410a of this Appendix, amending sections
2404 and
2413 of this Appendix and section
1864 of Title
19, Customs Duties, and enacting provisions set out as notes under section
2410a of this Appendix] may be cited as the ‘Multilateral Export Control Enhancement Amendments Act’.”
Short Title of 1985 Amendment
Section 1 of
Pub. L. 99–64 provided that: “Titles I and II of this Act [enacting sections
4051 to
4053 of Title
15, Commerce and Trade, section
1864 of Title
19, Customs Duties, and section
466c of Title
46, Appendix, Shipping, amending this section and sections
2402,
2403,
2404 to
2406,
2409 to
2411,
2412 to
2417, and
2419 of this Appendix, sections
5314 and
5315 of Title
5, Government Organization and Employees, sections
2304 and
2778 of Title
22, Foreign Relations and Intercourse, and section
185 of Title
30, Mineral Lands and Mining, and enacting provisions set out as notes under sections
2404,
2405, and
2414 of this Appendix and section
5314 of Title
5] may be cited as the ‘Export Administration Amendments Act of 1985’.”
Short Title of 1981 Amendment
Pub. L. 97–145, § 1, Dec. 29, 1981,
95 Stat. 1727, provided: “That this Act [amending sections
2405,
2410,
2411, and
2417 of this Appendix and enacting provisions set out as notes under sections
2405,
2410, and
2417 of this Appendix] may be cited as the ‘Export Administration Amendments Act of 1981’.”
Short Title
Section 1 of
Pub. L. 96–72 provided that: “This Act [enacting this section and sections
2402 to
2420 of this Appendix, amending section
1732 of Title
7, Agriculture, sections
2778 and
3108 of Title
22, Foreign Relations and Intercourse, section
993 of Title
26, Internal Revenue Code, and sections
6212 and
6274 of Title
42, The Public Health and Welfare, and enacting provisions set out as notes under sections
2406 and
2409 of this Appendix and section
3108 of Title
22] may be cited as the ‘Export Administration Act of 1979’.”
Executive Order No. 11753
Ex. Ord. No. 11753, Dec. 20, 1973,
38 F.R.
34983, which established the President’s Export Council, was revoked by section 1–402 of Ex. Ord. No. 12131, May 4, 1979,
44 F.R.
26842, set out below.
Ex. Ord. No. 12131. President’s Export Council
Ex. Ord. No. 12131, May 4, 1979,
44 F.R.
26841, as amended by Ex. Ord. No. 12551, Feb. 21, 1986,
21 F.R.
6509; Ex. Ord. No. 12991, Mar. 6, 1996,
61 F.R.
9587; Ex. Ord. No. 13138, § 5, Sept. 30, 1999,
64 F.R.
53880; Ex. Ord. No. 13316, § 5, Sept. 17, 2003,
68 F.R.
55256, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to expand the membership of the President’s Export Council, in accord with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows:
1–1. Establishment and Membership
1–101. There is established the President’s Export Council.
1–102. The membership of the Council shall be as follows:
(a) The heads of the following executive agencies or their representatives:
(1) Department of State.
(2) Department of the Treasury.
(3) Department of Agriculture.
(4) Department of Commerce.
(5) Department of Labor.
(6) Department of Energy.
(7) Department of Homeland Security.
(8) Office of the United States Trade Representative.
(9) Export-Import Bank of the United States.
(10) Small Business Administration.
(b) Five members of the United States Senate, designated by the President of the Senate, and five members of the United States House of Representatives, designated by the Speaker of the House, to serve for a two-year term.
(c) Not to exceed 28 citizens appointed by the President. These individuals shall be selected from those who are not full,time Federal officers or employees. They shall include representatives of business and industry, agriculture, and labor.
1–103. The President shall designate a Chairman and a Vice Chairman from among the members appointed by the President.
1–104. The Secretary of Commerce, with the concurrence of the Chairman, shall appoint an Executive Director.
1–2. Functions
1–201. The Council shall serve as a national advisory body on matters relating to United States export trade, including advice on the implementation of the President’s National Export Policy, which was announced on September 26, 1978. It shall, through the Secretary of Commerce, report to the President on its activities and on its recommendations for expanding United States exports.
1–202. The Council should survey and evaluate the export expansion activities of the communities represented by the membership. It should identify and examine specific problems which business, industrial, and agricultural practices may cause for export trade, and examine the needs of business, industry, and agriculture to expand their efforts. The Council should recommend specific solutions to these problems and needs.
1–203. The Council may act as liaison among the communities represented by the membership; and, may provide a forum for those communities on current and emerging problems and issues in the field of export expansion. The Council should encourage the business, industrial, and agricultural communities to enter new foreign markets and to expand existing export programs.
1–204. The Council shall provide advice on Federal plans and actions that affect export expansion policies which have an impact on those communities represented by the membership.
1–205. The Council may establish, with the concurrence of the Secretary of Commerce, an executive committee and such other subordinate committees it considers necessary for the performance of its functions. The Chairman of a subordinate committee shall be designated, with the concurrence of the Secretary of Commerce, by the Chairman of the Council from among the membership of the Council. Members of subordinate committees shall be appointed by the Secretary of Commerce.
1–3. Administrative Provisions
1–301. The Secretary of Commerce shall, to the extent permitted by law, provide the Council, including its executive and subordinate committees, with administrative and staff services, support and facilities as may be necessary for the effective performance of its functions.
1–302. Each member of the Council, including its executive and subordinate committees, who is not otherwise paid a salary by the Federal Government, shall receive no compensation from the United States by virtue of their service on the Council, but all members may receive the transportation and travel expenses, including per diem in lieu of subsistence, authorized by law (
5 U.S.C.
5702 and
5703).
1–4. General Provisions
1–401. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App.), except that of reporting annually to the Congress, which are applicable to the Council, shall be performed by the Secretary of Commerce in accordance with guidelines and procedures established by the Administrator of General Services.
1–402. Executive Order No. 11753 is revoked; however, nothing in this Order shall be deemed to require new charters for the Council, including its executive and subordinate committees, which were current immediately prior to the issuance of this Order.
1–403. The Council shall terminate on December 31, 1980, unless sooner extended.
Extension of Term of President’s Export Council
Term of the President’s Export Council extended until Dec. 31, 1982, see section 1–101(l) of Ex. Ord. No. 12258, Dec. 31, 1980,
46 F.R.
1251, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
Term of the President’s Export Council extended until Sept. 30, 1984, see Ex. Ord. No. 12399, Dec. 31, 1982,
48 F.R.
379, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1985, see Ex. Ord. No. 12489, Sept. 28, 1984,
49 F.R.
38927, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1987, see Ex. Ord. No. 12534, Sept. 30, 1985,
50 F.R.
40319, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1989, see Ex. Ord. No. 12610, Sept. 30, 1987,
52 F.R.
36901, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1991, see Ex. Ord. No. 12692, Sept. 29, 1989,
54 F.R.
40627, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1993, see Ex. Ord. No. 12774, Sept. 27, 1991,
56 F.R.
49835, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1995, see Ex. Ord. No. 12869, Sept. 30, 1993,
58 F.R.
51751, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1997, see Ex. Ord. No. 12974, Sept. 29, 1995,
60 F.R.
51875, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 1999, see Ex. Ord. No. 13062, § 1(m), Sept. 29, 1997,
62 F.R.
51755, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 2001, see Ex. Ord. No. 13138, Sept. 30, 1999,
64 F.R.
53879, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 2003, see Ex. Ord. No. 13225, Sept. 28, 2001,
66 F.R.
50291, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 2005, see Ex. Ord. No. 13316, Sept. 17, 2003,
68 F.R.
55255, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President’s Export Council extended until Sept. 30, 2007, see Ex. Ord. No. 13385, Sept. 29, 2005,
70 F.R.
57989, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.