Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015

Executive Order 13733 of July 22, 2016

Delegation of Certain Authorities and Assignment
of Certain Functions Under the Trade Facilitation and
Trade Enforcement Act of 2015

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Trade Facilitation and Trade
Enforcement Act of 2015 (the “Act”) (Public Law 114-
125) and section 301 of title 3, United States Code, I
hereby order as follows:

Section 1. Authorities and Functions under the Act. (a)
The functions of the President under section 2313A(b)
of the Export Enhancement Act of 1988, as added by
section 504 of the Act, are assigned to the Secretary
of Commerce. In carrying out its functions, the State
and Federal Export Promotion Coordination Working Group
established by the Secretary of Commerce under this
section shall also coordinate with local and municipal
governments representing regionally diverse areas.

    (b) The functions of the President under section
909(d) of the Act are assigned to the Secretary of
State, in consultation with other relevant Federal
agencies.
    (c) The functions of the President under section
915(d) of the Act are assigned to the Administrator of
the United States Agency for International Development,
in consultation with the Secretary of State and the
United States Trade Representative (U.S. Trade
Representative).
    (d) The functions of the President under section
915(e) of the Act are assigned to the U.S. Trade
Representative, in consultation with the Secretary of
State.

Sec. 2. Engagement on Currency Exchange Rate and
Economic Policies. (a) Prior to undertaking an enhanced
analysis of a country pursuant to section
701(a)(2)(A)(ii) of the Act, the Secretary of the
Treasury shall seek the views of the U.S. Trade
Representative on changes in trade restrictions in that
country.

    (b) In exercising the functions under section
701(b)(2)(A) of the Act, the Secretary of the Treasury
shall consult with the Secretary of State in making any
determination that commencing enhanced bilateral
engagement with a country would cause serious harm to
the national security of the United States.
    (c) If the Secretary of the Treasury determines,
pursuant to section 701(c)(1) of the Act, that a
country has failed to adopt appropriate policies to
correct the undervaluation and surpluses described in
section 701(b)(1)(A) of the Act with respect to that
country, the Assistant to the President for Economic
Policy, in consultation with the Secretary of the
Treasury, the U.S. Trade Representative, the Secretary
of State, and the Secretary of Commerce, shall make a
recommendation to the President regarding which of the
actions set forth in sections 701(c)(1)(A) through (D)
of the Act the President should take, or whether the
President should waive, pursuant to section 701(c)(2)
of the Act, the requirement to take remedial action.

Sec. 3. General Provisions. (a) In exercising authority
delegated by or performing functions assigned in this
order, the Secretaries of State, the Treasury, and
Commerce and the U.S. Trade Representative and their
delegees:

(i) 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, including the commencement, conduct, and termination of
negotiations with foreign countries and international organizations; (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 or expedient; and (D) supervise the executive branch;
and

(ii) may redelegate authority delegated by this order and may further
assign functions assigned by this order to officers of any other department
or agency within the executive branch to the extent permitted by law,
including section 301 of title 3, United States Code, and such redelegation
or further assignment shall be published in the Federal Register.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) 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,

    July 22, 2016.