Implementation of the Protocol Additional to the Agreement Between the United States and the International Atomic Energy Agency for the Application of Safeguards in the United States of America
Signed February 4, 2008·George W. Bush·73 FR 7181
Source
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Plain-language summary
Directs the Secretaries of State, Defense, Commerce, and Energy, the Attorney General, the Nuclear Regulatory Commission, and other relevant agency heads to issue, amend, or enforce regulations and procedures needed to implement the United States Additional Protocol Implementation Act and the country's obligations under the Additional Protocol to its nuclear safeguards agreement with the International Atomic Energy Agency. Authorizes the Secretary of Commerce, with Justice Department assistance if needed, to obtain and execute warrants for gaining access to locations covered by Commerce Department regulations under the order. Authorizes the named agencies to carry out other functions necessary to implement the Act that are not already assigned, and assigns the Secretary of State responsibility for notifying Congress when the Act requires it. States that implementation depends on available funding and existing law, and specifies that the order creates no enforceable legal rights for any party against the government.
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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 the United States Additional Protocol Implementation Act (the “Act”)(Public Law 109-401) and section 301 of title 3, United States Code, and in order to facilitate implementation of the Act and the Protocol Additional to the Agreement between the United States and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (the “Additional Protocol”), 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.
The order, in full
Executive Order 13458 of February 4, 2008
Implementation of the Protocol Additional to the
Agreement Between the United States and the
International Atomic Energy Agency for the Application
of Safeguards in the United States of America
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the United States Additional
Protocol Implementation Act (the “Act”)(Public Law
109-401) and section 301 of title 3, United States
Code, and in order to facilitate implementation of the
Act and the Protocol Additional to the Agreement
between the United States and the International Atomic
Energy Agency for the Application of Safeguards in the
United States of America (the “Additional Protocol”),
it is hereby ordered as follows:
Section 1. The Secretaries of State, Defense, Commerce,
and Energy, the Attorney General, the Nuclear
Regulatory Commission, and heads of such other agencies
as appropriate, each shall issue, amend, or revise, and
enforce such regulations, orders, directives,
instructions, or procedures as are necessary to
implement the Act and United States obligations under
the Additional Protocol.
Sec. 2. The Secretary of Commerce, with the assistance,
as necessary, of the Attorney General, is authorized to
obtain and to execute warrants pursuant to section 223
of the Act for the purpose of gaining complementary
access to locations subject to regulations issued by
the Department of Commerce pursuant to section 1 of
this order.
Sec. 3. The Secretaries of State, Defense, Commerce,
and Energy, the Attorney General, the Nuclear
Regulatory Commission, and heads of such other
departments and agencies as appropriate, are authorized
to carry out, consistent with the Act and in accordance
with subsequent directives, appropriate functions that
are not otherwise assigned in the Act and are necessary
to implement the Act and United States obligations
under the Additional Protocol. The Secretary of State
shall perform the function of providing notifications
or information to the Congress when required by the
Act.
Sec. 4. This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
Sec. 5. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies,
instrumentalities, or entities, its officers,
employees, or agents, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 4, 2008.Reproduced from the Federal Register plain-text record, signed February 4, 2008. Typesetting artifacts are removed; no wording is changed.