Continuation of Export Control Regulations
Signed August 19, 1994·William J. Clinton·59 FR 43437
Source
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Plain-language summary
Declares a national emergency under the International Emergency Economic Powers Act following the lapse of the Export Administration Act of 1979, citing risks from unrestricted foreign access to U.S. goods and technology, foreign boycott practices, and potential strain on domestic resources. Continues in effect the export control system previously maintained under the Export Administration Act, including existing Commerce Department regulations, licenses, and administrative actions, until amended or revoked by the Secretary of Commerce. Incorporates authority delegations from several earlier executive orders and keeps in force provisions related to section 38(e) of the Arms Export Control Act. Revokes Executive Order 12923 of June 30, 1994, and rescinds its emergency declaration, though violations occurring while that order was active remain enforceable. Takes effect at midnight between August 20 and 21, 1994, and remains in effect until terminated.
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Claimed authority
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 section 203 of the International Emergency Economic Powers Act (“Act”) (50 U.S.C. 1702),Continues into the order’s findings — show 165 more wordsHide the findings
I, WILLIAM J. CLINTON, President of the United States of America, find that the unrestricted access of foreign parties to U.S. goods, technology, and technical data and the existence of certain boycott practices of foreign nations, in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.), constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and hereby declare a national emergency with respect to that threat. Accordingly, in order (a) to exercise the necessary vigilance over exports and activities affecting the national security of the United States; (b) to further significantly the foreign policy of the United States, including its policy with respect to cooperation by U.S. persons with certain foreign boycott activities, and to fulfill its international responsibilities; and (c) to protect the domestic economy from the excessive drain of scarce materials and reduce the serious economic impact of foreign demand, it is hereby ordered
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The order, in full
Executive Order 12924 of August 19, 1994
Continuation of Export Control Regulations
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 section 203 of
the International Emergency Economic Powers Act
(“Act”) (50 U.S.C. 1702), I, WILLIAM J. CLINTON,
President of the United States of America, find that
the unrestricted access of foreign parties to U.S.
goods, technology, and technical data and the existence
of certain boycott practices of foreign nations, in
light of the expiration of the Export Administration
Act of 1979, as amended (50 U.S.C. App. 2401 et seq.),
constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the
United States and hereby declare a national emergency
with respect to that threat.
Accordingly, in order (a) to exercise the necessary
vigilance over exports and activities affecting the
national security of the United States; (b) to further
significantly the foreign policy of the United States,
including its policy with respect to cooperation by
U.S. persons with certain foreign boycott activities,
and to fulfill its international responsibilities; and
(c) to protect the domestic economy from the excessive
drain of scarce materials and reduce the serious
economic impact of foreign demand, it is hereby ordered
as follows:
Section 1. To the extent permitted by law, the
provisions of the Export Administration Act of 1979, as
amended, and the provisions for administration of the
Export Administration Act of 1979, as amended, shall be
carried out under this order so as to continue in full
force and effect and amend, as necessary, the export
control system heretofore maintained by the Export
Administration regulations issued under the Export
Administration Act of 1979, as amended. The delegations
of authority set forth in Executive Order No. 12002 of
July 7, 1977, as amended by Executive Order No. 12755
of March 12, 1991; Executive Order No. 12214 of May 2,
1980; Executive Order No. 12735 of November 16, 1990;
and Executive Order No. 12851 of June 11, 1993, shall
be incorporated in this order and shall apply to the
exercise of authorities under this order.
Sec. 2. All rules and regulations issued or continued
in effect by the Secretary of Commerce under the
authority of the Export Administration Act of 1979, as
amended, including those published in Title 15,
Subtitle B, Chapter VII, Subchapter C, of the Code of
Federal Regulations, Parts 768 through 799, and all
orders, regulations, licenses, and other forms of
administrative action issued, taken, or continued in
effect pursuant thereto, shall, until amended or
revoked by the Secretary of Commerce, remain in full
force and effect as if issued or taken pursuant to this
order, except that the provisions of sections 203(b)(2)
and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705)
shall control over any inconsistent provisions in the
regulations. Nothing in this section shall affect the
continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for administration of section 38(e)
of the Arms Export Control Act (22 U.S.C. 2778(e)) may
be made and shall continue in full force and effect
until amended or revoked under the authority of section
203 of the Act (50 U.S.C. 1702). To the extent
permitted by law, this order also shall constitute
authority for the issuance and continuation in full
force and effect of all rules and regulations by the
President or his delegate, and all orders, licenses,
and other forms of administrative actions issued,
taken, or continued in effect pursuant thereto,
relating to the administration of section 38(e).
Sec. 4. Executive Order No. 12923 of June 30, 1994, is
revoked, and that declaration of emergency is
rescinded. The revocation of Executive Order No. 12923
shall not affect any violation of any rules,
regulations, orders, licenses, and other forms of
administrative action under that order that occurred
during the period the order was in effect.
Sec. 5. This order shall be effective as of midnight
between August 20, 1994, and August 21, 1994, and shall
remain in effect until terminated.
(Presidential Sig.)>
THE WHITE HOUSE,
August 19, 1994.Reproduced from the Federal Register plain-text record, signed August 19, 1994. Typesetting artifacts are removed; no wording is changed.