Export Enforcement Coordination Center
Signed November 9, 2010·Barack Obama·75 FR 69573
Source
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Plain-language summary
Directs the Secretary of Homeland Security to establish an interagency Federal Export Enforcement Coordination Center within the Department of Homeland Security to coordinate enforcement of U.S. export control laws among the Departments of State, Treasury, Defense, Justice, Commerce, Energy, and Homeland Security, and the Office of the Director of National Intelligence, along with any other agencies the President may later designate. The Center will have a Director from Homeland Security, two Deputy Directors from Commerce and Justice, an Intelligence Community Liaison, and a supporting staff. Its functions include resolving conflicts among agencies investigating export control violations, serving as a link between law enforcement and the intelligence community, coordinating with licensing agencies, managing public outreach on export controls, and tracking enforcement statistics government-wide. Homeland Security will fund and administer the Center, subject to available appropriations. The order states it does not alter existing agency authorities or create enforceable legal rights for outside parties.
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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, and in order to advance United States foreign policy and protect the national and economic security of the United States through strengthened and coordinated enforcement of United States export control laws and enhanced intelligence exchange in support of such enforcement efforts, it is hereby ordered
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The order, in full
Executive Order 13558 of November 9, 2010
Export Enforcement Coordination Center
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to advance United States foreign
policy and protect the national and economic security
of the United States through strengthened and
coordinated enforcement of United States export control
laws and enhanced intelligence exchange in support of
such enforcement efforts, it is hereby ordered as
follows:
Section 1. Policy. Export controls are critical to
achieving our national security and foreign policy
goals. To enhance our enforcement efforts and minimize
enforcement conflicts, executive departments and
agencies must coordinate their efforts to detect,
prevent, disrupt, investigate, and prosecute violations
of U.S. export control laws, and must share
intelligence and law enforcement information related to
these efforts to the maximum extent possible,
consistent with national security and applicable law.
Sec. 2. Establishment. (a) The Secretary of Homeland
Security shall establish, within the Department of
Homeland Security for administrative purposes, an
interagency Federal Export Enforcement Coordination
Center (Center).
(b) The Center shall coordinate on matters relating
to export enforcement among the following:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of Commerce;
(vi) the Department of Energy;
(vii) the Department of Homeland Security;
(viii) the Office of the Director of National Intelligence; and
(ix) other executive branch departments, agencies, or offices as the
President, from time to time, may designate.
(c) The Center shall have a Director, who shall be
a full-time senior officer or employee of the
Department of Homeland Security, designated by the
Secretary of Homeland Security. The Center shall have
two Deputy Directors, who shall be full-time senior
officers or employees of the Department of Commerce and
the Department of Justice, designated by the Secretary
of Commerce and the Attorney General, respectively,
detailed to the Center and reporting to the Director.
The Center shall also have an Intelligence Community
Liaison, who shall be a full-time senior officer or
employee of the Federal Government, designated by the
Director of National Intelligence, and detailed or
assigned to the Center.
(d) The Center shall have a full-time staff
reporting to the Director. To the extent permitted by
law, executive departments and agencies enumerated in
subsection (b) of this section are encouraged to detail
or assign their employees to the Center without
reimbursement.
Sec. 3. Functions. The Center shall:
(a) serve as the primary forum within the Federal
Government for executive departments and agencies to
coordinate and enhance their export control
enforcement efforts and identify and resolve conflicts
that have not been otherwise resolved in criminal and
administrative investigations and actions involving
violations of U.S. export control laws;
(b) serve as a conduit between Federal law
enforcement agencies and the U.S. Intelligence
Community for the exchange of information related to
potential U.S. export control violations;
(c) serve as a primary point of contact between
enforcement authorities and agencies engaged in export
licensing;
(d) coordinate law enforcement public outreach
activities related to U.S. export controls; and
(e) establish Government-wide statistical tracking
capabilities for U.S. criminal and administrative
export control enforcement activities, to be conducted
by the Department of Homeland Security with information
provided by and shared with all relevant departments
and agencies participating in the Center.
Sec. 4. Administration. (a) The Department of Homeland
Security shall operate and provide funding and
administrative support for the Center to the extent
permitted by law and subject to the availability of
appropriations.
(b) The Director of the Center shall convene and
preside at the Center's meetings, determine its agenda,
direct the work of the Center, and, as appropriate to
particular subject matters, organize and coordinate
subgroups of the Center's members.
Sec. 5. General Provisions. (a) This order shall be
implemented consistent with applicable law and subject
to the availability of appropriations.
(b) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law, regulation, Executive Order, or Presidential
Directive to an executive department, agency, or head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) Nothing in this order shall be construed to
provide exclusive or primary investigative authority to
any agency. Agencies shall continue to investigate
criminal and administrative export violations
consistent with their existing authorities, jointly or
separately, with coordination through the Center to
enhance enforcement efforts and minimize potential for
conflict.
(d) 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, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
November 9, 2010.Reproduced from the Federal Register plain-text record, signed November 9, 2010. Typesetting artifacts are removed; no wording is changed.