c. Executive Order 12002, July 7, 1977, 42 F.R. 35623 ADMINISTRATION OF THE EXPORT ADMINISTRATION ACT OF 1969, AS

AMENDED

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the Export Administration Act of 1969, as amended (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 (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 conferred upon the President in Sections 4(h) and 4(1) of the Act are retained by the President.

(b) The power, authority and discretion conferred upon the President in Section 3(8) of the Act, which directs that every reasonable effort be made to secure the removal or reduction of assistance by foreign countries to international terrorists through cooperation and agreement, are delegated to the Secretary of State, with the power of successive redelegation.

Sec. 3. The Export Administration Review Board, hereinafter referred to as the Board, which was established by Executive Order No. 11533 of June 4, 1970, as amended, is hereby continued. The Board shall continue to have as members the Secretary of Commerce, who shall be Chairman of the Board, the Secretary of State, the Secretary of Defense, and the Chairman of the East-West Foreign Trade Board (Section 7 of Executive Order No. 11846, as amended). No alternative Board members shall be designated, but the acting head of any department may serve in lieu of the head of the concerned department. In the case of the East-West Foreign Trade Board, the Deputy Chairman or the Executive Secretary may serve in lieu of the Chairman. The Board may invite the heads of other United States Government departments or agencies, other than the agencies represented by Board members, 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 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 security, 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, authority, and discretion referred to in this Order, and (b) communicate to the Secretary of Commerce such specific directives applicable thereto as the President shall determine. The Secretary of Commerce shall from time to time report to the President upon the administration of the Act and, as the Secretary deems necessary, may refer to the President recommendations made by the Board under Section 4 of this Order. Neither the provisions of this section nor those of Section 4 shall be construed as limiting the provisions of Section 1 of this Order.

Sec. 6. All delegations, rules, regulations, orders, licenses, and other forms of administrative action made, issued, or otherwise taken under, or continued in existence by, the Executive orders revoked in Section 7 of this Order, and not revoked administratively or legislatively, 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, Executive 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 September 30, 1976 are hereby revoked.

d. Executive Order 11753, December 20, 1973, 38 F.R. 34983

ESTABLISHING THE PRESIDENT'S EXPORT COUNCIL AND FOR OTHER PURPOSES

By virtue of the authority vested in me as President of the United States of America, it is hereby ordered as follows:

SECTION 1. Establishment of the President's Export Council. (a) There is hereby established within the Department of Commerce the President's Export Council, hereinafter referred to as the "Export Council," which shall be composed of a Chairman, a Vice Chairman, and twenty other members representative of business and industry of which eight members shall be selected without regard to geographic considerations and twelve members shall be selected so as to provide appropriate regional representation. The President shall appoint the Chairman, the Vice Chairman, and all other members of the Export Council.

(b) The Export Council shall serve as a national advisory body to the President on export expansion activities.

(c) The Secretary of Commerce (hereinafter referred to as the "Secretary") is directed to insure that the recommendations of the Export Council receive appropriate Governmental consideration.

(d) The Secretary, with the concurrence of the Chairman, shall appoint an Executive Secretary for the Export Council.

SEC. 2. Functions of the Export Council. The Export Council shall, through the Secretary, advise the President, the Council on International Economic Policy (CIEP), and the President's Interagency Committee for Export Expansion (PICEE) on matters relating to export trade. In particular, the Export Council may

(1) Identify and examine problems regarding the effects of industrial practices on export trade and the need for industry to improve its export efforts, and recommend solutions to these problems.

(2) Survey and evaluate export expansion activities which reflect the ideas of the business community.

(3) Provide liaison among members of the business and industrial community on export expansion matters.

(4) Encourage the business and industrial community to enter new foreign markets and to expand existing export programs.

(5) Advise on plans and actions of the Federal Government involving export expansion policies affecting business and industry.

(6) Provide a forum for business and Government on current and emerging problems and issues in the field of export expansion. SEC. 3. Subordinate Committees. The Export Council may establish, with the concurrence of the Secretary, an executive committee and such other subordinate committees as it considers necessary in the perform

ance of its functions. Subordinate committees shall be headed by a chairman selected from the membership by the Chairman of the Export Council with the concurrence of the Secretary. Members of the subordinate committees shall be selected by the Secretary from representatives of business and industry.

SEC. 4. Administrative Assistance. As permitted by law and as neces sary to carry out the purposes of this order, the Secretary may provide or arrange for administrative and staff services, support, and facilities for the Export Council, including its executive committee and subordinate committees.

SEC. 5. Expenses. Members of the Export Council, including its executive committee and subordinate committees, shall receive no compensation from the United States by reason of their services under this order, but may, to the extent permitted by law, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently.

SEC. 6. Federal Advisory Committee Act. The Department of Com merce shall perform such functions with respect to the administration of this order as may be required under the provisions of the Federal Advisory Committee Act (Public Law 92-463; 86 Stat. 770).

SEC. 7. Construction. Nothing in this order shall be construed as sub jecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency to the authority of any other Federal agency, the Export Council, or its Executive Committee and any of its subordinate committees, or as abrogating or restricting any such function in any manner.

SEC. 8. Revocation. The Interagency Committee on Export Expan sion is hereby abolished and Executive Order No. 11132 of December 12, 1963, as amended by Executive Order No. 11148 of March 23, 1964 is hereby revoked.

37-851 - 79-11

5. Trading With the Enemy

a. Trading With the Enemy Act of 1917, as amended

Partial text of Public Law 65-91 [H.R. 4960], 40 Stat. 415; 12 U.SC. 95.a, approved October 6, 1917, as amended by Public Law 65-217 [H.R. 12923], 40 Stat. 965, approved September 24, 1918; Public Law 73-1 [H.R .1491], 48 Stat. 1, approved March 9, 1933; Public Resolution 76–69 [S.J. Res. 252], 54 Stat. 179, approved May 7, 1960; Public Law 77-354 [H.R. 6233], 55 Stat. 838, approved December 18, 1941; Presidential Proclamation 2695, effective July 4, 1946, 60 Stat. 1352; and by Public Law 95-223 [H.R. 7738], 91 Stat. 1625, approved December 28,

1977.

SECTION 5(b)1 (1). During the time of war,2 the President may through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise

(A) investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities, and

(B) investigate, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest,

by any person, or with respect to any property, subject to the jurisdiction of the United States; and any property or interest of any foreign country or national thereof shall vest, when, as, and upon the terms, directed by the President in such agency or person as may be designated from time to time by the President, and upon such terms and conditions as the President may prescribe such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States and such designated agency or person may perform any and all acts

1 As amended and restated by sec. 301 of Public Law 77-354 (55 Stat. 839). The words "or during any other period of national emergency declared by the President", which previously appeared at this point, were struck out by Sec. 101 (a) of Public Law 95-223 (91 Stat. 1625). Sec. 101 (b) and (c) of the same Act further stipulated: "(b) Notwithstanding the amendment made by subsection (a), the authorities conferred upon the President by section 5 (b) of the Trading With the Enemy Act, which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date. may continue to be exercised with respect to such country, except that, unless extended, the exercise of such authorities shall terminate (subject to the savings provisions of the second sentence of section 101 (a) of the National Emergencies Act) at the end of the two-year period beginning on the date of enactment of the National Emergencies Act. The President may extend the exercise of such authorities for one-year periods upon a determination of each such extension that the exercise of such authorities with respect to such country for another year is in the national interest of the United States.

"(c) The termination and extension provisions of subsection (b) of this section supersede the provisions of section 101 (a) and of title II of the National Emergencies Act to the extent that the provisions of subsection (b) of this section are inconsistent with those provisions."