Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions

Executive Order 13346 of July 8, 2004

Delegation of Certain Waiver, Determination,
Certification, Recommendation, and Reporting Functions

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, it is hereby ordered as follows:

Section 1. The functions of the President in making
certain waivers, determinations, certifications,
recommendations, and reports to the Congress are
assigned as follows:

    (a) The Secretary of State is authorized to make
waivers, determinations, certifications, and
recommendations, and to undertake related reporting, as
described in:

(i) Section 402(d)(1) of the Trade Act of 1974, as amended (19 U.S.C.
2432(d)(1)), with respect to the extension of Jackson-Vanik waivers;

(ii) Section 609 of Division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277) as continued in
effect by section 612 of Division B of the Consolidated Appropriations Act,
2004 (Public Law 108-199) with respect to cooperation related to persons
missing in action and prisoners of war; and

(iii) Section 102(a)(2) of the Arms Export Control Act, as amended (22
U.S.C. 2799aa-1(a)), with respect to any Presidential determination under
section 102(a)(1) that is also the subject of a determination and
certification by the President pursuant to section 102(a)(2).

    (b) The United States Trade Representative shall
submit the report relating to sub-Saharan Africa under
section 106 of the African Growth and Opportunity Act
(Public Law 106-200, title 1).

Sec. 2. The functions of the President in making
certifications to the Congress consistent with the
resolution of advice and consent to ratification of the
Chemical Weapons Convention adopted by the Senate on
April 24, 1997 (Resolution) are assigned as follows:

    (a) The Secretary of State is authorized to make a
certification consistent with section 2(7)(C)(i) of the
Resolution with respect to the effectiveness and
viability of the Australia Group.
    (b) The Secretary of Commerce is authorized to make
a certification consistent with section 2(9) of the
Resolution with respect to the interests of certain
firms in the United States.

Sec. 3. Executive Order 12163 of September 29, 1979, as
amended, is further amended, in section 1-100(a), by
striking the period at the end of paragraph (12) and
inserting a semicolon, and by inserting the following
new paragraphs:

     “(13) title II of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
2002 (Public Law 107-115), under the heading
“Assistance for the Independent States of the Former
Soviet Union,” in subsections (g)(4) and (6);”;
     “(14) section 512 of Division D of the
Consolidated Appropriations Act, 2004 (Public Law 108-
199);”;
     “(15) sections 5(c) and 6 of the Anglo-Irish
Agreement Support Act of 1986 (Public Law 99-415), as
amended.”.

Sec. 4. Executive Order 13277 of November 19, 2002, is
amended in section 1(b)(3) by adding after the phrase
“Section 2105(a)(1)” the terms “(A) and (C)”.

Sec. 5. References in this order to provisions of any
Act shall be deemed to include references to any
provision of law that is the same or substantially the
same as such provisions.

Sec. 6. In carrying out sections 1 and 2 of this order,
officers of the United States shall ensure that all
actions taken by them are consistent with the
President's constitutional authority to: (a) conduct
the foreign affairs of the United States; (b) withhold
information the disclosure of which could impair the
foreign relations, the national security, the
deliberative processes of the Executive, or the
performance of the Executive's constitutional duties;
(c) recommend for congressional consideration such
measures as the President may judge necessary and
expedient; and (d) supervise the unitary executive
branch.

Sec. 7. Nothing in this order shall be construed to
impair or otherwise affect the functions of the
Director of the Office of Management and Budget
relating to budget, administrative, or legislative
proposals.

Sec. 8. This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by a party against the United States, its
departments, agencies, entities, officers, employees or
agents, or any other person.

    (Presidential Sig.)B

THE WHITE HOUSE,

     July 8, 2004.