50 U.S.C. § 4603 — Repealed. Pub. L. 115–232, div. A, title

Page 1181 TITLE 50—WAR AND NATIONAL DEFENSE § 4603 of Homeland Security, designated by the Secretary of Homeland Security. The Center shall have two Deputy Directors, who shall be full-time senior officers or em- ployees of the Department of Commerce and the De- partment of Justice, designated by the Secretary of Commerce and the Attorney General, respectively, de- tailed to the Center and reporting to the Director. The Center shall also have an Intelligence Community Liai- son, who shall be a full-time senior officer or employee of the Federal Government, designated by the Director of National Intelligence, and detailed or assigned to the Center. (d) The Center shall have a full-time staff reporting to the Director. To the extent permitted by law, execu- tive departments and agencies enumerated in sub- section (b) of this section are encouraged to detail or assign their employees to the Center without reim- bursement. SEC. 3. Functions. The Center shall: (a) serve as the primary forum within the Federal Government for executive departments and agencies to coordinate and enhance their export control enforce- ment efforts and identify and resolve conflicts that have not been otherwise resolved in criminal and ad- ministrative investigations and actions involving vio- lations of U.S. export control laws; (b) serve as a conduit between Federal law enforce- ment agencies and the U.S. Intelligence Community for the exchange of information related to potential U.S. export control violations; (c) serve as a primary point of contact between en- forcement authorities and agencies engaged in export licensing; (d) coordinate law enforcement public outreach ac- tivities related to U.S. export controls; and (e) establish Government-wide statistical tracking capabilities for U.S. criminal and administrative ex- port control enforcement activities, to be conducted by the Department of Homeland Security with informa- tion provided by and shared with all relevant depart- ments and agencies participating in the Center. SEC. 4. Administration. (a) The Department of Home- land Security shall operate and provide funding and ad- ministrative support for the Center to the extent per- mitted by law and subject to the availability of appro- priations. (b) The Director of the Center shall convene and pre- side at the Center’s meetings, determine its agenda, di- rect the work of the Center, and, as appropriate to par- ticular subject matters, organize and coordinate sub- groups of the Center’s members. SEC. 5. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law, regulation, Executive Order, or Presidential Directive to an executive depart- ment, agency, or head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) Nothing in this order shall be construed to provide exclusive or primary investigative authority to any agency. Agencies shall continue to investigate criminal and administrative export violations consistent with their existing authorities, jointly or separately, with coordination through the Center to enhance enforce- ment efforts and minimize potential for conflict. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. BARACK OBAMA. § 4602. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321, set forth policy declarations with respect to the Export Administration Act of 1979. Section was formerly classified to section 2402 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. A prior section 2402 of the former Appendix to this title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, set forth declaration of policy of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. § 4603. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 4, Sept. 29, 1979, 93 Stat. 505; Pub. L. 99–64, title I, § 104, July 12, 1985, 99 Stat. 122; Pub. L. 100–418, title II, §§ 2411, 2412, Aug. 23, 1988, 102 Stat. 1347; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, set forth general provisions relating to export licensing and controls. Section was formerly classified to section 2403 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. A prior section 2403 of the former Appendix to this title, Pub. L. 91–184, § 4, Dec. 30, 1969, 83 Stat. 842; Pub. L. 92–412, title I, § 104(a), (b)(1), Aug. 29, 1972, 86 Stat. 644, 645; Pub. L. 93–500, §§ 3(a), 5(a), 7, 9, 10, 12, Oct. 29, 1974, 88 Stat. 1552–1557; Pub. L. 95–52, title I, §§ 103(a), (b)(1)–(3), (c), 104–110, 113(b), title II, § 201(b), June 22, 1977, 91 Stat. 235–239, 241, 246; Pub. L. 95–223, title III, § 301(a), (b)(1), Dec. 28, 1977, 91 Stat. 1629; Pub. L. 95–384. § 6(d)(2), Sept. 26, 1978, 92 Stat. 731; Pub. L. 95–435, § 5(d), Oct. 10, 1978, 92 Stat. 1052; Pub. L. 96–67, § 2, Sept. 21, 1979, 93 Stat. 415, set forth provisions relating to au- thorities to effectuate policies and limitations on exer- cise of authorities, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979. Executive Documents EX. ORD. NO. 12002. ADMINISTRATION OF EXPORT ADMINISTRATION ACT Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, as amended by Ex. Ord. No. 12755, Mar. 12, 1991, 56 F.R. 11057; Ex. Ord. No. 13286, § 54, Feb. 28, 2003, 68 F.R. 10629, provided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, including the Export Administration Act of 1969, as amended ([former] 50 U.S.C. App. 2401, et seq.), and as President of the United States of America, it is hereby ordered as follows: SECTION 1. Except as provided in Section 2, the power, authority, and discretion conferred upon the President by the provisions of the Export Administration Act of 1969, as amended ([former] 50 U.S.C. App. 2401, et seq.), hereinafter referred to as the Act, are delegated to the Secretary of Commerce, with the power of successive redelegation. SEC. 2. (a) The power, authority and discretion con- ferred upon the President in Sections 4(h) and 4(l) of the Act [former 50 U.S.C. App. 2403(h), (l)] are retained by the President. (b) The power, authority and discretion conferred upon the President in Section 3(8) of the Act [former 50 U.S.C. App. 2402(8)], which directs that every reason- able effort be made to secure the removal or reduction of assistance by foreign countries to international ter- rorists through cooperation and agreement, are dele- gated to the Secretary of State, with the power of suc- cessive redelegation. SEC. 3. The Export Administration Review Board, hereinafter referred to as the Board, which was estab- lished by Executive Order No. 11533 of June 4, 1970, as Page 1182 TITLE 50—WAR AND NATIONAL DEFENSE § 4603 amended, is hereby continued. The Board shall con- tinue to have as its members, the Secretary of Com- merce, who shall be Chairman of the Board, the Sec- retary of State, and the Secretary of Defense. The Sec- retary of Energy, the Secretary of Homeland Security, and the Director of the United States Arms Control and Disarmament Agency shall be members of the Board, and shall participate in meetings that consider issues involving nonproliferation of armaments and other issues within their respective statutory and policy- making authorities. The Chairman of the Joint Chiefs of Staff and the Director of Central Intelligence shall be non-voting members of the Board. No alternate Board members shall be designated, but the acting head or deputy head of any department or agency may serve in lieu of the head of the concerned department or agency. The Board may invite the heads of other United States Government departments or agencies, other than the agencies represented by the Board mem- bers, to participate in the activities of the Board when matters of interest to such departments or agencies are under consideration. SEC. 4. The Secretary of Commerce may from time to time refer to the Board such particular export license matters, involving questions of national security or other major policy issues, as the Secretary shall select. The Secretary of Commerce shall also refer to the Board any other such export license matter, upon the request of any other member of the Board or of the head of any other United States Government depart- ment or agency having any interest in such matter. The Board shall consider the matters so referred to it, giving due consideration to the foreign policy of the United States, the national security, concerns about the nonproliferation of armaments, and the domestic economy, and shall make recommendation thereon to the Secretary of Commerce. SEC. 5. The President may at any time (a) prescribe rules and regulations applicable to the power, author- ity, and discretion referred to in this Order, and (b) communicate to the Secretary of Commerce such spe- cific directives applicable thereto as the President shall determine. The Secretary of Commerce shall from time to time report to the President upon the adminis- tration of the Act and, as the Secretary deems nec- essary, may refer to the President recommendations made by the Board under Section 4 of this Order. Nei- ther the provisions of this section nor those of Section 4 shall be construed as limiting the provisions of Sec- tion 1 of this Order. SEC. 6. All delegations, rules, regulations, orders, li- censes, and other forms of administrative action made, issued, or otherwise taken under, or continued in exist- ence by, the Executive orders revoked in Section 7 of this Order, and not revoked administratively or legisla- tively, shall remain in full force and effect under this Order until amended, modified, or terminated by proper authority. The revocations in Section 7 of this Order shall not affect any violation of any rules, regulations, orders, licenses or other forms of administrative action under those Orders during the period those Orders were in effect. SEC. 7. Executive Order No. 11533 of June 4, 1970, Exec- utive Order No. 11683 of August 29, 1972, Executive Order No. 11798 of August 14, 1974, Executive Order No. 11818 of November 5, 1974, Executive Order No. 11907 of March 1, 1976, and Executive Order No. 11940 of Sep- tember 30, 1976 are hereby revoked. [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disar- mament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.] EX. ORD. NO. 12214. ADMINISTRATION OF EXPORT ADMINISTRATION ACT Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, provided: By the authority vested in me as President of the United States of America by Section 4(e) of the Export Administration Act of 1979 (Public Law 96–72; 50 U.S.C. App. 2403(e)) [former 50 U.S.C. 4603(e)], it is hereby or- dered as follows: 1–101. Except as provided in Section 1–102, the func- tions conferred upon the President by the provisions of the Export Administration Act of 1979, hereinafter re- ferred to as the Act (Public Law 96–72; 50 U.S.C. App. 2401 et seq.) [now 50 U.S.C. 4601 et seq.], are delegated to the Secretary of Commerce. 1–102. (a) The functions conferred upon the President by Sections 4(e), 5(c), 5(f)(1), 5(h)(6), 6(k), 7(d)(2), 10(g) and 20 of the Act [former 50 U.S.C. 4603(e), 4604(c), 4604(f)(1), 4604(h)(6), 4605(k), 4606(d)(2), 4609(g) and 4622] are reserved to the President. (b) The functions conferred upon the President by Sections 5(f)(4), 5(i), and 6(g) of the Act [former 50 U.S.C. 4604(f)(4), 4604(i), and 4605(g)] are delegated to the Secretary of State. 1–103. All delegations, rules, regulations, orders, li- censes, and other forms of administrative action made, issued or otherwise taken under, or continued in exist- ence by, Section 21 of the Act [former 50 U.S.C. 4623] or Executive Order No. 12002 [set out above], and not re- voked administratively or legislatively, shall remain in full force and effect until amended, modified, or termi- nated by proper authority. This Order does not super- sede or otherwise affect Executive Order No. 12002. 1–104. Except to the extent inconsistent with this Order, all actions previously taken pursuant to any function delegated or assigned by this Order shall be deemed to have been taken and authorized by this Order. JIMMY CARTER. EX. ORD. NO. 12290. IMPLEMENTATION OF EXPORT ADMIN- ISTRATION ACT WITH MINIMUM REGULATORY BURDEN Ex. Ord. No. 12290, Feb. 17, 1981, 46 F.R. 12943, pro- vided: By the authority vested in me as President by the Constitution of the United States of America, and in order to ensure that the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.] is implemented with the minimum regulatory burden, Executive Order No. 12264 of January 15, 1981, entitled ‘‘On Federal Policy Re- garding the Export of Banned or Significantly Re- stricted Substances,’’ is hereby revoked. RONALD REAGAN. CONTINUATION OF EXPORT CONTROL REGULATIONS Provisions relating to continued effectiveness of the Export Administration Act of 1979, 50 U.S.C. 4601 et seq., and to issuance and continued effectiveness of rules, regulations, orders, licenses, and other forms of administrative action and delegations of authority re- lating to administration of that Act, were contained in the following: Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, listed in a table under section 1701 of this title. Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, listed in a table under section 1701 of this title. Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex. Ord. No. 13206, § 1, Apr. 4, 2001, 66 F.R. 18397, list- ed in a table under section 1701 of this title. Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex. Ord. No. 12924, § 4, Aug. 19, 1994, 59 F.R. 43438, listed in a table under section 1701 of this title. Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, listed in a table under section 1701 of this title. Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, listed in a table under section 1701 of this title. Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, listed in a table under section 1701 of this title. Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, listed in a table under section 1701 of this title. Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, listed in a table under section 1701 of this title. Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, listed in a table under section 1701 of this title. Page 1183 TITLE 50—WAR AND NATIONAL DEFENSE § 4603 EX. ORD. NO. 12981. ADMINISTRATION OF EXPORT CONTROLS Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, as amended by Ex. Ord. No. 13020, Oct. 12, 1996, 61 F.R. 54079; Ex. Ord. No. 13026, § 1(b), Nov. 15, 1996, 61 F.R. 58767; Ex. Ord. No. 13117, Mar. 31, 1999, 64 F.R. 16591, pro- vided: 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 the International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.) (‘‘the Act’’), and in order to take additional steps with respect to the national emergency described and declared in Executive Order No. 12924 of August 19, 1994 [listed in a table under section 1701 of this title], and continued on August 15, 1995, I, WILLIAM J. CLINTON, President of the United States of America, find that it is necessary for the procedures set forth below to apply to export license applications submitted under the Act [50 U.S.C. 1701 et seq.] and the Export Administration Regulations (15 C.F.R. Part 730 et. seq.) (‘‘the Regula- tions’’) or under any renewal of, or successor to, the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et. seq.) [50 U.S.C. 4601 et seq.] (‘‘the Ex- port Administration Act’’), and the Regulations. Ac- cordingly, it is hereby ordered as follows: SECTION 1. License Review. To the extent permitted by law and consistent with Executive Order No. 12924 of August 19, 1994, the power, authority, and discretion conferred upon the Secretary of Commerce (‘‘the Sec- retary’’) under the Export Administration Act [50 U.S.C. 4601 et seq.] to require, review, and make final determinations with regard to export licenses, docu- mentation, and other forms of information submitted to the Department of Commerce pursuant to the Act [50 U.S.C. 1701 et seq.] and the Regulations or under any renewal of, or successor to, the Export Administration Act and the Regulations, with the power of successive redelegation, shall continue. The Departments of State, Defense, and Energy each shall have the author- ity to review any export license application submitted to the Department of Commerce pursuant to the Act and the Regulations or under any renewal of, or suc- cessor to, the Export Administration Act and the Regu- lations. The Secretary may refer license applications to other United States Government departments or agencies for review as appropriate. In the event that a department or agency determines that certain types of applications need not be referred to it, such department or agency shall notify the Department of Commerce as to the specific types of such applications that it does not wish to review. All departments or agencies shall promptly respond, on a case-by-case basis, to requests from other departments or agencies for historical infor- mation relating to past license applications. SEC. 2. Determinations. (a) All license applications submitted under the Act [50 U.S.C. 1701 et seq.] and the Regulations or any renewal of, or successor to, the Ex- port Administration Act [50 U.S.C. 4601 et seq.] and the Regulations, shall be resolved or referred to the Presi- dent no later than 90 calendar days after registration of the completed license application. (b) The following actions related to processing a li- cense application submitted under the Act [50 U.S.C. 1701 et seq.] and the Regulations or any renewal of, or successor to, the Export Administration Act [50 U.S.C. 4601 et seq.] and the Regulations shall not be counted in calculating the time periods prescribed in this order: (1) Agreement of the Applicant. Delays upon which the Secretary and the applicant mutually agree. (2) Prelicense Checks. Prelicense checks through gov- ernment channels that may be required to establish the identity and reliability of the recipient of items con- trolled under the Act and the Regulations or any re- newal of, or successor to, the Export Administration Act and the Regulations, provided that: (A) the need for such prelicense check is established by the Secretary, or by another department or agency if the request for prelicense check is made by such de- partment or agency; (B) the Secretary requests the prelicense check with- in 5 days of the determination that it is necessary; and (C) the Secretary completes the analysis of the result of the prelicense check within 5 days. (3) Requests for Government-To-Government Assurances. Requests for government-to-government assurances of suitable end-use of items approved for export under the Act and the Regulations or any renewal of, or successor to, the Export Administration Act and the Regulations, when failure to obtain such assurances would result in rejection of the application, provided that: (A) the request for such assurances is sent to the Sec- retary of State within 5 days of the determination that the assurances are required; (B) the Secretary of State initiates the request of the relevant government within 10 days thereafter; and (C) the license is issued within 5 days of the Sec- retary’s receipt of the requested assurances. Whenever such prelicense checks and assurances are not re- quested within the time periods set forth above, they must be accomplished within the time periods estab- lished by this section. (4) Multilateral Reviews. Multilateral review of a li- cense application as provided for under the Act and the Regulations or any renewal of, or successor to, the Ex- port Administration Act and the Regulations, as long as multilateral review is required by the relevant mul- tilateral regime. (5) Consultations. Consultation with other govern- ments, if such consultation is provided for by a rel- evant multilateral regime or bilateral arrangement as a precondition for approving a license. SEC. 3. Initial Processing. Within 9 days of registration of any license application, the Secretary shall, as ap- propriate: (a) request additional information from the appli- cant. The time required for the applicant to supply the additional information shall not be counted in calcu- lating the time periods prescribed in this section. (b) refer the application and pertinent information to agencies or departments as stipulated in section 1 of this order, and forward to the agencies any relevant in- formation submitted by the applicant that could not be reduced to electronic form. (c) assure that the stated classification on the appli- cation is correct; return the application if a license is not required; and, if referral to other departments or agencies is not required, grant the application or notify the applicant of the Secretary’s intention to deny the application. SEC. 4. Department or Agency Review. (a) Each review- ing department or agency shall specify to the Sec- retary, within 10 days of receipt of a referral as speci- fied in subsection 3(b), any information not in the ap- plication that would be required to make a determina- tion, and the Secretary shall promptly request such in- formation from the applicant. If, after receipt of the in- formation so specified or other new information, a re- viewing department or agency concludes that addi- tional information would be required to make a deter- mination, it shall promptly specify that additional in- formation to the Secretary, and the Secretary shall promptly request such information from the applicant. The time that may elapse between the date the infor- mation is requested by the reviewing department or agency and the date the information is received by the reviewing department or agency shall not be counted in calculating the time periods prescribed in this order. Such information specified by reviewing departments or agencies is in addition to any information that may be requested by the Department of Commerce on its own initiative during the first 9 days after registration of an application. (b) Within 30 days of receipt of a referral and all re- quired information, a department or agency shall pro- vide the Secretary with a recommendation either to approve or deny the license application. As appro- priate, such recommendation may be with the benefit of consultation and discussions in interagency groups established to provide expertise and coordinate inter- Page 1184 TITLE 50—WAR AND NATIONAL DEFENSE § 4603 agency consultation. A recommendation that the Sec- retary deny a license shall include a statement of the reasons for such recommendation that are consistent with the provisions of the Act [50 U.S.C. 1701 et seq.] and the Regulations or any renewal of, or successor to, the Export Administration Act [50 U.S.C. 4601 et seq.] and the Regulations and shall cite both the statutory and the regulatory bases for the recommendation to deny. A department or agency that fails to provide a recommendation within 30 days with a statement of reasons and the statutory and regulatory bases shall be deemed to have no objection to the decision of the Sec- retary. SEC. 5. Interagency Dispute Resolution. (a) Committees. (1)(A) Export Administration Review Board. The Export Administration Review Board (‘‘the Board’’), which was established by Executive Order No. 11533 of June 4, 1970, and continued in Executive Order No. 12002 of July 7, 1977 [set out above], is hereby continued. The Board shall have as its members, the Secretary, who shall be Chair of the Board, the Secretary of State, the Sec- retary of Defense, and the Secretary of Energy[.] The Chairman of the Joint Chiefs of Staff and the Director of Central Intelligence shall be nonvoting members of the Board. No alternate Board members shall be des- ignated, but the acting head or deputy head of any member department or agency may serve in lieu of the head of the concerned department or agency. The Board may invite the heads of other United States Govern- ment departments or agencies, other than the depart- ments or agencies represented by the Board members, to participate in the activities of the Board when mat- ters of interest to such departments or agencies are under consideration. (B) The Secretary may, from time to time, refer to the Board such particular export license matters, in- volving questions of national security or other major policy issues, as the Secretary shall select. The Sec- retary shall also refer to the Board any other such ex- port license matter, upon the request of any other member of the Board or the head of any other United States Government department or agency having any interest in such matter. The Board shall consider the matters so referred to it, giving due consideration to the foreign policy of the United States, the national se- curity, the domestic economy, and concerns about the proliferation of armaments, weapons of mass destruc- tion, missile delivery systems, and advanced conven- tional weapons and shall make recommendations there- on to the Secretary. (2) Advisory Committee on Export Policy. An Advisory Committee on Export Policy (‘‘ACEP’’) is established and shall have as its members the Assistant Secretary of Commerce for Export Administration, who shall be Chair of the ACEP, and Assistant Secretary-level rep- resentatives of the Departments of State, Defense, and Energy[.] Appropriate representatives of the Joint Chiefs of Staff and of the Nonproliferation Center of the Central Intelligence Agency shall be nonvoting members of the ACEP. Representatives of the depart- ments or agencies shall be the appropriate Assistant Secretary or equivalent (or appropriate acting Assist- ant Secretary or equivalent in lieu of the Assistant Secretary or equivalent) of the concerned department or agency, or appropriate Deputy Assistant Secretary or equivalent (or the appropriate acting Deputy Assist- ant Secretary or equivalent in lieu of the Deputy As- sistant Secretary or equivalent) of the concerned de- partment or agency. Regardless of the department or agency representative’s rank, such representative shall speak and vote at the ACEP on behalf of the appro- priate Assistant Secretary or equivalent of such de- partment or agency. The ACEP may invite Assistant Secretary-level representatives of other United States Government departments or agencies, other than the departments and agencies represented by the ACEP members, to participate in the activities of the ACEP when matters of interest to such departments or agen- cies are under consideration. (3)(A) Operating Committee. An Operating Committee (‘‘OC’’) of the ACEP is established. The Secretary shall appoint its Chair, who shall also serve as Executive Secretary of the ACEP. Its other members shall be rep- resentatives of appropriate agencies in the Depart- ments of Commerce, State, Defense, and Energy[.] The appropriate representatives of the Joint Chiefs of Staff and the Nonproliferation Center of the Central Intel- ligence Agency shall be nonvoting members of the OC. The OC may invite representatives of other United States Government departments or agencies, other than the departments and agencies represented by the OC members, to participate in the activities of the OC when matters of interest to such departments or agen- cies are under consideration. (B) The OC shall review all license applications on which the reviewing departments and agencies are not in agreement. The Chair of the OC shall consider the recommendations of the reviewing departments and agencies and inform them of his or her decision on any such matters within 14 days after the deadline for re- ceiving department and agency recommendations. However, for license applications concerning commer- cial communication satellites and hot-section tech- nologies for the development, production, and overhaul of commercial aircraft engines that are transferred from the United States Munitions List to the Com- merce Control List pursuant to regulations issued by the Departments of Commerce and State after the date of this order, the Chair of the OC shall inform review- ing departments and agencies of the majority vote de- cision of the OC. As described below, any reviewing de- partment or agency may appeal the decision of the Chair of the OC, or the majority vote decision of the OC in cases concerning the commercial communication satellites and hot-section technologies described above, to the Chair of the ACEP. In the absence of a timely appeal, the Chair’s decision (or the majority vote deci- sion in the case of license applications concerning the commercial communication satellites and hot-section technologies described above) will be final. (b) Resolution Procedures. (1) If any department or agency disagrees with a licensing determination of the Department of Commerce made through the Chair of the OC (or a majority vote decision of the OC in the case of license applications concerning the commercial communication satellites and the hot-section tech- nologies described in section 5(a)(3)(B)), it may appeal the matter to the ACEP for resolution. A department or agency must appeal a matter within 5 days of such a decision. Appeals must be in writing from an official appointed by the President, by and with the advice and consent of the Senate, or an officer properly acting in such capacity, and must cite both the statutory and the regulatory bases for the appeal. The ACEP shall re- view all departments’ and agencies’ information and recommendations, and the Chair of the ACEP shall in- form the reviewing departments and agencies of the majority vote decision of the ACEP within 11 days from the date of receiving notice of the appeal. Within 5 days of the majority vote decision, any dissenting depart- ment or agency may appeal the decision by submitting a letter from the head of the department or agency to the Secretary in his or her capacity as the Chair of the Board. Such letter shall cite both the statutory and the regulatory bases for the appeal. Within the same 5-day period, the Secretary may call a meeting on his or her own initiative to consider a license application. In the absence of a timely appeal, the majority vote decision of the ACEP shall be final. (2) The Board shall review all departments’ and agen- cies’ information and recommendations, and such other export control matters as may be appropriate. The Sec- retary shall inform the reviewing departments and agencies of the majority vote of the Board within 11 days from the date of receiving notice of appeal. Within 5 days of the decision, any department or agency dis- senting from the majority vote decision of the Board may appeal the decision by submitting a letter from the head of the dissenting department or agency to the President. In the absence of a timely appeal, the major- ity vote decision of the Board shall be final. Page 1185 TITLE 50—WAR AND NATIONAL DEFENSE § 4604 SEC. 6. Encryption Products. In conducting the license review described in section 1 above, with respect to ex- port controls of encryption products that are or would be, on November 15, 1996, designated as defense articles in Category XIII of the United States Munitions List and regulated by the United States Department of State pursuant to the Arms Export Control Act, 22 U.S.C. 2778 et seq., but that subsequently are placed on the Commerce Control List in the Export Administra- tion Regulations, the Departments of State, Defense, Energy, and Justice shall have the opportunity to re- view any export license application submitted to the Department of Commerce. The Department of Justice shall, with respect to such encryption products, be a voting member of the Export Administration Review Board described in section 5(a)(1) of this order and of the Advisory Committee on Export Policy described in section 5(a)(2) of this order. The Department of Justice shall be a full member of the Operating Committee of the ACEP described in section 5(a)(3) of this order, and of any other committees and consultation groups re- viewing export controls with respect to such encryption products. SEC. 7. The license review process in this order shall take effect beginning with those license applications registered by the Secretary 60 days after the date of this order and shall continue in effect to the extent not inconsistent with any renewal of the Export Adminis- tration Act [50 U.S.C. 4601 et seq.], or with any suc- cessor to that Act. SEC. 8. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any rights to administrative or judicial review, or any other right or benefit or trust responsibility, sub- stantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. WILLIAM J. CLINTON. [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disar- mament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.] EX. ORD. NO. 13026. ADMINISTRATION OF EXPORT CONTROLS ON ENCRYPTION PRODUCTS Ex. Ord. No. 13026, Nov. 15, 1996, 61 F.R. 58767, pro- vided: 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 the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and in order to take additional steps with respect to the national emergency described and declared in Executive Order 12924 of August 19, 1994 [listed in a table under section 1701 of this title], and continued on August 15, 1995, and on August 14, 1996, I, WILLIAM J. CLINTON, President of the United States of America, have decided that the provisions set forth below shall apply to administration of the export control system maintained by the Export Administration Regulations, 15 CFR Part 730 et seq. (‘‘the EAR’’). Accordingly, it is hereby ordered as follows: SECTION 1. Treatment of Encryption Products. In order to provide for appropriate controls on the export and foreign dissemination of encryption products, export controls of encryption products that are or would be, on this date, designated as defense articles in Category XIII of the United States Munitions List and regulated by the United States Department of State pursuant to the Arms Export Control Act, 22 U.S.C. 2778 et seq. (‘‘the AECA’’), but that subsequently are placed on the Com- merce Control List in the EAR, shall be subject to the following conditions: (a) I have determined that the ex- port of encryption products described in this section could harm national security and foreign policy inter- ests even where comparable products are or appear to be available from sources outside the United States, and that facts and questions concerning the foreign availability of such encryption products cannot be made subject to public disclosure or judicial review without revealing or implicating classified information that could harm United States national security and foreign policy interests. Accordingly, sections 4(c) and 6(h)(2)–(4) of the Export Administration Act of 1979 (‘‘the EAA’’), 50 U.S.C. App. 2403(c) and 2405(h)(2)–(4) [former 50 U.S.C. 4603(c) and 4605(h)(2)–(4)], as amended and as continued in effect by Executive Order 12924 of August 19, 1994, and by notices of August 15, 1995, and August 14, 1996, all other analogous provisions of the EAA relating to foreign availability, and the regula- tions in the EAR relating to such EAA provisions, shall not be applicable with respect to export controls on such encryption products. Notwithstanding this, the Secretary of Commerce (‘‘Secretary’’) may, in his dis- cretion, consider the foreign availability of comparable encryption products in determining whether to issue a license in a particular case or to remove controls on particular products, but is not required to issue li- censes in particular cases or to remove controls on par- ticular products based on such consideration; (b) [Amended Ex. Ord. No. 12981, set out above;] (c) Because the export of encryption software, like the export of other encryption products described in this section, must be controlled because of such soft- ware’s functional capacity, rather than because of any possible informational value of such software, such software shall not be considered or treated as ‘‘tech- nology,’’ as that term is defined in section 16 of the EAA (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] and in the EAR (61 Fed. Reg. 12714, March 25, 1996); (d) With respect to encryption products described in this section, the Secretary shall take such actions, in- cluding the promulgation of rules, regulations, and amendments thereto, as may be necessary to control the export of assistance (including training) to foreign persons in the same manner and to the same extent as the export of such assistance is controlled under the AECA, as amended by section 151 of Public Law 104–164 [see 22 U.S.C. 2778(b)(1)(A)]; (e) Appropriate controls on the export and foreign dissemination of encryption products described in this section may include, but are not limited to, measures that promote the use of strong encryption products and the development of a key recovery management infra- structure; and (f) Regulation of encryption products described in this section shall be subject to such further conditions as the President may direct. SEC. 2. Effective Date. The provisions described in sec- tion 1 shall take effect as soon as any encryption prod- ucts described in section 1 are placed on the Commerce Control List in the EAR. SEC. 3. Judicial Review. This order is intended only to improve the internal management of the executive branch and to ensure the implementation of appro- priate controls on the export and foreign dissemination of encryption products. It is not intended to, and does not, create any rights to administrative or judicial re- view, or any other right or benefit or trust responsi- bility, substantive or procedural, enforceable by a party against the United States, its agencies or instru- mentalities, its officers or employees, or any other per- son. WILLIAM J. CLINTON. § 4604. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232 Section, Pub. L. 96–72, § 5, Sept. 29, 1979, 93 Stat. 506; Pub. L. 99–64, title I, §§ 105(a)–(c)(1), (d)–(j), 106, 107, July 12, 1985, 99 Stat. 123–129; Pub. L. 100–418, title II, §§ 2413–2418(b), 2419, 2420(a), 2421, 2422, 2446, Aug. 23, 1988, 102 Stat. 1347–1358, 1369; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, related to prohibi- tion or curtailment of exports for national security purposes. Section was formerly classified to section 2404 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section.