Identification of Trade Expansion Priorities
Signed March 2, 1994·William J. Clinton·59 FR 10727
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Directs the United States Trade Representative to review trade expansion priorities within six months after submitting the National Trade Estimate Report for 1994 and 1995, and to identify priority foreign country practices whose elimination would most likely boost U.S. exports. The Trade Representative must report findings to the Senate Finance Committee and House Ways and Means Committee and publish them in the Federal Register, considering factors such as trade barriers, foreign countries' compliance with trade agreements, government procurement plans, and U.S. export competitiveness. Within 21 days of that report, the Trade Representative must initiate investigations under the Trade Act of 1974 into all identified priority practices, and seek negotiated agreements to eliminate them or secure compensatory trade benefits, monitoring compliance afterward. The Trade Representative must also include updates on these investigations in the required semiannual report to Congress. All authority granted is subject to further presidential direction on specific matters.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 141 and 301-310 of the Trade Act of 1974, as amended (the “Act”) (19 U.S.C. 2171, 2411-2420), and section 301 of title 3, United States Code, and to ensure that the trade policies of the United States advance, to the greatest extent possible, the export of the products and services of the United States and that trade policy resources are used efficiently, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amended by: EO 12973, September 27, 1995
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 12901 of March 3, 1994
Identification of Trade Expansion Priorities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 141 and 301-310 of the
Trade Act of 1974, as amended (the “Act”) (19 U.S.C.
2171, 2411-2420), and section 301 of title 3, United
States Code, and to ensure that the trade policies of
the United States advance, to the greatest extent
possible, the export of the products and services of
the United States and that trade policy resources are
used efficiently, it is hereby ordered as follows:
Section 1. Identification. (a) Within 6 months of the
submission of the National Trade Estimate Report
(required by section 181(b) of the Act (19 U.S.C.
2241)) for 1994 and 1995, the United States Trade
Representative (“Trade Representative”) shall review
United States trade expansion priorities and identify
priority foreign country practices, the elimination of
which is likely to have the most significant potential
to increase United States exports, either directly or
through the establishment of a beneficial precedent.
The Trade Representative shall submit to the Committee
on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives, and shall
publish in the Federal Register, a report on the
priority foreign country practices identified.
(b) In identifying priority foreign country
practices under paragraph (a) of this section, the
Trade Representative shall take into account all
relevant factors, including:
(1) the major barriers and trade distorting practices
described in the National Trade Estimate Report;
(2) the trade agreements to which a foreign country is
a party and its compliance with those agreements;
(3) the medium-term and long-term implications of
foreign government procurement plans; and
(4) the international competitive position and export
potential of United States products and services.
(c) The Trade Representative may include in the
report, if appropriate, a description of the foreign
country practices that may in the future warrant
identification as priority foreign country practices.
The Trade Representative also may include a statement
about other foreign country practices that were not
identified because they are already being addressed by
provisions of United States trade law, existing
bilateral trade agreements, or in trade negotiations
with other countries and progress is being made toward
their elimination.
Sec. 2. Initiation of Investigation. Within 21 days of
the submission of the report required by paragraph (a)
of section 1, the Trade Representative shall initiate
under section 302(b)(1) of the Act (19 U.S.C.
2412(b)(1)) investigations under title III, chapter 1,
of the Act with respect to all of the priority foreign
country practices identified.
Sec. 3. Agreements for the Elimination of Barriers. In
the consultations with a foreign country that the Trade
Representative is required to request under section
303(a) of the Act (19 U.S.C. 2413(a)) with respect to
an investigation initiated by reason of section 2 of
this order, the Trade Representative shall seek to
negotiate an agreement that provides for the
elimination of the practices that are the subject of
the investigation as quickly as possible or, if that is
not feasible, provides for compensatory trade benefits.
The Trade Representative shall monitor any agreement
entered into under this section pursuant to the
provisions of section 306 of the Act (19 U.S.C. 2416).
Sec. 4. Reports. The Trade Representative shall include
in the semiannual report required by section 309 of the
Act (19 U.S.C. 2419) a report on the status of any
investigation initiated pursuant to section 2 of this
order and, where appropriate, the extent to which such
investigations have led to increased opportunities for
the export of products and services of the United
States.
Sec. 5. Presidential Direction. The authorities
delegated pursuant to this order shall be exercised
subject to any subsequent direction by the President in
a particular matter.
(Presidential Sig.)>
THE WHITE HOUSE,
March 3, 1994.Reproduced from the Federal Register plain-text record, signed March 2, 1994. Typesetting artifacts are removed; no wording is changed.