Administration of Arms Export Controls and Foreign Assistance
Signed June 29, 1998·William J. Clinton·63 FR 36153
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
Amends Executive Order 11958 and Executive Order 12163 to update how authority over arms exports and foreign assistance laws is delegated among executive agencies. It assigns responsibilities under new provisions of the Arms Export Control Act, added by Public Law 104-164, to the Secretary of State and the Secretary of Defense depending on whether the matter involves commercial export licenses, Foreign Military Sales Program transfers, or defense articles and services provided by grant or sale. It also revises delegation of authority under section 655 of the relevant Act, splitting responsibility between the Secretary of State and Secretary of Defense based on the type of defense articles, services, or training involved, and renumbers several existing subsections of the earlier orders to accommodate these additions.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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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 section 301 of title 3, United States Code, and in order to delegate certain authority to the Secretary of State and the Secretary of Defense, 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
Amends: EO 11958, January 18, 1977; EO 12163, September 29, 1979
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 13091 of June 29, 1998
Administration of Arms Export Controls and
Foreign Assistance
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, and in order to delegate certain authority
to the Secretary of State and the Secretary of Defense,
it is hereby ordered as follows:
Section 1. Section 1 of Executive Order 11958, as
amended, is further amended as follows:
(a) in subsection (k), by inserting after
“State.” “Those under Section 36(e) of the Act, as
added by Public Law 104-164 with respect to
transmittals pursuant to Section 36(b) to the Secretary
of Defense, and with respect to transmittals pursuant
to Section 36(c), to the Secretary of State.”, and
(b) by redesignating subsections (n) through (s) as
subsections (o) through (t), respectively, and
inserting the following after subsection (m):
“(n) Those under Section 40A of the Act, as added by
Public Law 104-164, to the Secretary of State insofar
as they relate to commercial exports licensed under the
Act, and to the Secretary of Defense insofar as they
relate to defense articles and defense services sold,
leased, or transferred under the Foreign Military Sales
Program.”
Sec. 2. Section 1-201 of Executive Order 12163, as
amended, is further amended as follows:
(a) in subsection (a)(13),
(1) by inserting the following before “and
sections”:
“, section 620G as added by Public Law 104-
164”; and
(2) by inserting the following after “law”:
“, except that the functions under section
620G as added by Public Law 104-164 shall be exercised
in consultation with the Secretary of Defense”;
(b) in subsection (a)(23), by deleting “, except”
and all that follows through “thereof”; 2
(c) by redesignating subsections (a)(18) through
(36) as (a)(19) through (37), respectively; and
(d) by inserting the following new subsection after
subsection (a)(17):
“(18) section 655 of the Act, insofar as they
relate to defense articles and defense services
licensed for export under section 38 of the Arms Export
Control Act:”.
Sec. 3. Section 1-301 of Executive Order 12163, as
amended, is further amended by:
(a) redesignating subsections (e) through (g) as
subsections(f) through (h), respectively; and
(b) inserting the following new subsection (e):
“(e) the functions under section 655 of the Act
insofar as they relate to defense articles, defense
services, and international military education and
training furnished by grant or sale by the Secretary of
Defense, except to the extent otherwise delegated.”
Sec. 4. Section 1-501 of Executive Order 12163, as
amended, is further amended:
(a) in subsection (a)(2) by striking “and”; and
(b) in subsection (a)(3) after “1754)” by
inserting the following:
“; and (4) section 655(c) of the Act”.
(Presidential Sig.)
THE WHITE HOUSE,
June 29, 1998.Reproduced from the Federal Register plain-text record, signed June 29, 1998. Typesetting artifacts are removed; no wording is changed.