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JGR/Export Administration (2 of 6)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Export Administration
(2 of 6)
Box: 24
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
October 13, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
DEPUTY TO THE CHIEF OF STAFF
FROM:
RICHARD A. HAUSER
RAA
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Providing for Continued Effectiveness of
Export Administration Act Regulations
As you know, the Export Administration Act (EAA) will expire
on Friday, October 14. If the pertinent provisions of the
Act and implementing regulations are to remain in effect
beyond October 14, the President must issue before
October 15 an executive order declaring a national emergency
along the lines of the order prepared but not issued at the
end of last month. We recommend the following steps:
1. Obtain policy determinations from appropriate
officials of affected departments and agencies -
State, Treasury, Commerce, and NSC - supporting
the need to declare a national emergency under
the International Emergency Economic Powers
Act (IEEPA) to preserve the provisions of the EEA.
2. Consult with the Congressional leadership on the
President's contemplated action. Such consultation
is required, "in every possible instance,' by the
IEEPA, 50 U.S.C. $ 1703 (a).
3. Have the President sign, before October 15, the
attached proposed executive order, with one change.
Section 4 should be revised to read, "This Order
shall be effective as of 12:01 a.m. October 15,
1983. It is the President's intention to
terminate this executive order upon the enactment
into law of a bill reauthorizing the Export
Administration Act." This change avoids possible
confusion that would result from the existing
language should Congress reauthorize the EEA in
some slightly altered form.
4. Report to Congress concerning the President's
action by sending the attached draft message after
signing of the executive order. In the message,
"September 30" should be changed to "October 14.'
RAH: JGR:aea 10/13/83
CC: FFFielding/RAHauser/JGRoberts/Subj/Chron
TO THE CONGRESS OF THE UNITED STATES:
Pursuant to Section 204 (b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703, I hereby report to the
Congress that I have today exercised the authority granted by
this Act to continue in effect the system of controls, contained
in 15 C.F.R. Parts 368-399, including restrictions on
participation by United States persons in certain foreign boycott
activities, which heretofore has been maintained under the
authority of the Export Administration Act of 1979, as amended,
50 U.S.C. 2401 et seq. In addition, I have made provision for
the administration of Section 38 (e) of the Arms Export Control
Act, 22 U.S.C. 2778 (e).
1. The exercise of this authority is necessitated by the
expiration of the Export Administration Act on September-30, October 14,
1983, and the resulting lapse of the system of controls
maintained under that Act.
2. In the absence of controls, foreign parties would have
unrestricted access to United States commercial products,
technology and technical data, posing an unusual and
extraordinary threat to national security, foreign policy, and
economic objectives critical to the United States. In addition,
United States persons would not be prohibited from complying with
certain foreign boycott requests. This would seriously harm our
foreign policy interests, particularly in the Middle East.
Controls established in 15 C.F.R. 368-399, and continued by this
action, include the following:
National security export controls aimed at restricting the
export of goods and technologies which would make a
significant contribution to the military potential of any
other country which would prove detrimental to the national
security of the United States;
Foreign policy controls which further the foreign policy
objectives of the United States or its declared international
obligations in such widely recognized areas as human rights,
anti-terrorism, and regional stability;
Nuclear nonproliferation controls that are maintained for
both national security and foreign policy reasons, and
support the objectives of the Nuclear Nonproliferation Act;
2
Short supply controls that protect domestic supplies; and
Antiboycott regulations that prohibit compliance with foreign
boycotts aimed at countries friendly to the United States.
3. Consequently, I have issued an Executive Order to continue in
effect all rules and regulations issued or continued in effect by
the Secretary of Commerce under the authority of the Export
Administration Act of 1979, as amended, and all orders,
regulations, licenses, and other forms of administrative actions
under that Act, except where they are inconsistent with sections
203 (b) (2) and 206 of the International Emergency Economic Powers
Act.
4. The Congress and the Executive have not permitted export
controls to lapse since they were enacted under the Export Control
Act of 1949. Any termination of controls could permit
transactions to occur that would be seriously detrimental to the
national interests we have heretofore sought to protect through
export controls and restrictions on compliance by United States
persons with certain foreign boycotts. I believe that even a
temporary lapse in this system of controls would seriously damage
our national security, foreign policy and economic interests and
undermine our credibility in meeting our international
obligations.
5. The countries affected by this section vary depending on the
objectives sought to be achieved by the system of controls
instituted under the Export Administration Act. Potential
adversaries are seeking to acquire sensitive United States goods
and technologies. Other countries serve as conduits for diversion
of such items. Still other countries have policies that are
contrary to United States foreign policy or nuclear
nonproliferation objectives, or foster boycotts against friendly
countries. For some goods or technologies, controls could apply
even to our closest allies in order to safeguard against diversion
to potential adversaries.
THE WHITE HOUSE,
EXECUTIVE ORDER
CONTINUATION OF EXPORT CONTROL REGULATIONS
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) (hereinafter referred
to as "the Act"), and 22 U.S.C. 287c,
I, RONALD REAGAN, President of the United States of
America, find that the unrestricted access of foreign
parties to United States commercial goods, technology, and
technical data and the existence of certain boycott practices
of foreign nations constitute, in light of the expiration of
the Export Administration Act of 1979, an unusual and extra-
ordinary threat to the national security, foreign policy and
economy of the United States and hereby declare a national
economic emergency to deal with that threat.
Accordingly, in order (a) to exercise the necessary
vigilance over exports from the standpoint of their signif-
icance to the national security of the United States; (b) to
further significantly the foreign policy of the United
States, including its policy with respect to cooperation by
United States persons with certain foreign boycott activ-
ities, and to fulfill its international responsibilities;
and (c) to protect the domestic economy from the excessive
drain of scarce materials and reduce the serious economic
impact of foreign demand, it is hereby ordered as follows:
Section 1. Notwithstanding the expiration of the
Export Administration Act of 1979, as amended (50 U.S.C.
2401 et seq.), the provisions of that Act, the provisions
2
for administration of that Act and delegations of authority
set forth in Executive Order No. 12002 of July 7, 1977 and
Executive Order No. 12214 of May 2, 1980, shall, to the
extent permitted by law, be incorporated in this Order and
shall continue in full force and effect.
Sec. 2. All rules and regulations issued or continued
in effect by the Secretary of Commerce under the authority
of the Export Administration Act of 1979, as amended,
including those published in Title 15, Chapter III, Sub-
chapter C, of the Code of Federal Regulations, Parts 368 to
399 inclusive, and all orders, regulations, licenses and
other forms of administrative action issued, taken or con-
tinued in effect pursuant thereto, shall, until amended or
revoked by the Secretary of Commerce, remain in full force
and effect, the same as if issued or taken pursuant to this
Order, except that provisions of sections 203 (b) (2) and 206
of the Act (50 U.S.C. 1702 (b) (2) and 1705) shall control
over any inconsistent provisions in the regulations with
respect to, respectively, certain donations to relieve human
suffering and civil and criminal penalties for violations
subject to this Order. Nothing in this section shall affect
the continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for the administration of section 38 (e)
of the Arms Export Control Act (22 U.S.C. 2778 (e) ) may be
made and shall continue in full force and effect until
amended or revoked under the authority of section 203 of the
Act (50 U.S.C. 1702) To the extent permitted by law, this
Order also shall constitute authority for the issuance and
continuation in full force and effect of rules and regula-
tions by the President or his delegate, and all orders,
licenses, and other forms of administrative action issued,
taken or continued in effect pursuant thereto, relating to
the administration of section 38 (e).
3
This Order shall be effective as of 12:01 a.m.
Sec. 4. This Order - shall be effective as of 12:01 a.m.
October 15, 1983. It is the President's intention to terminate
October 1, 1983, and - shall - expire upon the enactment into
this executive order upon the enactment into law of a bill
law of a bill reauthorizing - the - Export Administration Act.
reauthorizing the Export Administration Act.
THE WHITE HOUSE,
THE WHITE HOUSE
WASHINGTON
October 13, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
DEPUTY TO THE CHIEF OF STAFF
FROM:
RICHARD A. HAUSER /s/
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Providing for Continued Effectiveness of
Export Administration Act Regulations
As you know, the Export Administration Act (EAA) will expire
on Friday, October 14. If the pertinent provisions of the
Act and implementing regulations are to remain in effect
beyond October 14, the President must issue before
October 15 an executive order declaring a national emergency
along the lines of the order prepared but not issued at the
end of last month. We recommend the following steps:
1. Obtain policy determinations from appropriate
officials of affected departments and agencies -
State, Treasury, Commerce, and NSC - supporting
the need to declare a national emergency under
the International Emergency Economic Powers
Act (IEEPA) to preserve the provisions of the EEA.
2. Consult with the Congressional leadership on the
President's contemplated action. Such consultation
is required, "in every possible instance," by the
IEEPA, 50 U.S.C. § 1703 (a).
3. Have the President sign, before October 15, the
attached proposed executive order, with one change.
Section 4 should be revised to read, "This Order
shall be effective as of 12:01 a.m. October 15,
1983. It is the President's intention to
terminate this executive order upon the enactment
into law of a bill reauthorizing the Export
Administration Act." This change avoids possible
confusion that would result from the existing
language should Congress reauthorize the EEA in
some slightly altered form.
4. Report to Congress concerning the President's
action by sending the attached draft message after
signing of the executive order. In the message,
"September 30" should be changed to "October 14."
RAH:JGR:aea 10/13/83
CC: FFFielding/RAHauser/JGRoberts/Subj/Chron
TO THE CONGRESS OF THE UNITED STATES:
Pursuant to Section 204 (b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703, I hereby report to the
Congress that I have today exercised the authority granted by
this Act to continue in effect the system of controls, contained
in 15 C.F.R. Parts 368-399, including restrictions on
participation by United States persons in certain foreign boycott
activities, which heretofore has been maintained under the
authority of the Export Administration Act of 1979, as amended,
50 U.S.C. 2401 et seq. In addition, I have made provision for
the administration of Section 38 (e) of the Arms Export Control
Act, 22 U.S.C. 2778 (e).
1. The exercise of this authority is necessitated by the
expiration of the Export Administration Act on September 30,
1983, and the resulting lapse of the system of controls
maintained under that Act.
2. In the absence of controls, foreign parties would have
unrestricted access to United States commercial products,
technology and technical data, posing an unusual and
extraordinary threat to national security, foreign policy, and
economic objectives critical to the United States. In addition,
United States persons would not be prohibited from complying with
certain foreign boycott requests. This would seriously harm our
foreign policy interests, particularly in the Middle East.
Controls established in 15 C.F.R. 368-399, and continued by this
action, include the following:
National security export controls aimed at restricting the
export of goods and technologies which would make a
significant contribution to the military potential of any
other country which would prove detrimental to the national
security of the United States;
Foreign policy controls which further the foreign policy
objectives of the United States or its declared international
obligations in such widely recognized areas as human rights,
anti-terrorism, and regional stability;
Nuclear nonproliferation controls that are maintained for
both national security and foreign policy reasons, and
support the objectives of the Nuclear Nonproliferation Act;
2
Short supply controls that protect domestic supplies; and
Antiboycott regulations that prohibit compliance with foreign
boycotts aimed at countries friendly to the United States.
3. Consequently, I have issued an Executive Order to continue in
effect all rules and regulations issued or continued in effect by
the Secretary of Commerce under the authority of the Export
Administration Act of 1979, as amended, and all orders,
regulations, licenses, and other forms of administrative actions
under that Act, except where they are inconsistent with sections
203 (b) (2) and 206 of the International Emergency Economic Powers
Act.
4. The Congress and the Executive have not permitted export
controls to lapse since they were enacted under the Export Control
Act of 1949. Any termination of controls could permit
transactions to occur that would be seriously detrimental to the
national interests we have heretofore sought to protect through
export controls and restrictions on compliance by United States
persons with certain foreign boycotts. I believe that even a
temporary lapse in this system of controls would seriously damage
our national security, foreign policy and economic interests and
undermine our credibility in meeting our international
obligations.
5. The countries affected by this section vary depending on the
objectives sought to be achieved by the system of controls
instituted under the Export Administration Act. Potential
adversaries are seeking to acquire sensitive United States goods
and technologies. Other countries serve as conduits for diversion
of such items. Still other countries have policies that are
contrary to United States foreign policy or nuclear
nonproliferation objectives, or foster boycotts against friendly
countries. For some goods or technologies, controls could apply
even to our closest allies in order to safeguard against diversion
to potential adversaries.
THE WHITE HOUSE,
EXECUTIVE ORDER
CONTINUATION OF EXPORT CONTROL REGULATIONS
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) (hereinafter referred
to as "the Act"), and 22 U.S.C. 287c,
I, RONALD REAGAN, President of the United States of
America, find that the unrestricted access of foreign
parties to United States commercial goods, technology, and
technical data and the existence of certain boycott practices
of foreign nations constitute, in light of the expiration of
the Export Administration Act of 1979, an unusual and extra-
ordinary threat to the national security, foreign policy and
economy of the United States and hereby declare a national
economic emergency to deal with that threat.
Accordingly, in order (a) to exercise the necessary
vigilance over exports from the standpoint of their signif-
icance to the national security of the United States; (b) to
further significantly the foreign policy of the United
States, including its policy with respect to cooperation by
United States persons with certain foreign boycott activ-
ities, and to fulfill its international responsibilities;
and (c) to protect the domestic economy from the excessive
drain of scarce materials and reduce the serious economic
impact of foreign demand, it is hereby ordered as follows:
Section 1. Notwithstanding the expiration of the
Export Administration Act of 1979, as amended (50 U.S.C.
2401 et seq.), the provisions of that Act, the provisions
2
for administration of that Act and delegations of authority
set forth in Executive Order No. 12002 of July 7, 1977 and
Executive Order No. 12214 of May 2, 1980, shall, to the
extent permitted by law, be incorporated in this Order and
shall continue in full force and effect.
Sec. 2. All rules and regulations issued or continued
in effect by the Secretary of Commerce under the authority
of the Export Administration Act of 1979, as amended,
including those published in Title 15, Chapter III, Sub-
chapter C, of the Code of Federal Regulations, Parts 368 to
399 inclusive, and all orders, regulations, licenses and
other forms of administrative action issued, taken or con-
tinued in effect pursuant thereto, shall, until amended or
revoked by the Secretary of Commerce, remain in full force
and effect, the same as if issued or taken pursuant to this
Order, except that provisions of sections 203 (b) (2) and 206
of the Act (50 U.S.C. 1702 (b) (2) and 1705) shall control
over any inconsistent provisions in the regulations with
respect to, respectively, certain donations to relieve human
suffering and civil and criminal penalties for violations
subject to this Order. Nothing in this section shall affect
the continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for the administration of section 38 (e)
of the Arms Export Control Act (22 U.S.C. 2778 (e) ) may be
made and shall continue in full force and effect until
amended or revoked under the authority of section 203 of the
Act (50 U.S.C. 1702). To the extent permitted by law, this
Order also shall constitute authority for the issuance and
continuation in full force and effect of rules and regula-
tions by the President or his delegate, and all orders,
licenses, and other forms of administrative action issued,
taken or continued in effect pursuant thereto, relating to
the administration of section 38 (e).
3
Sec. 4. This Order shall be effective as of 12:01 a.m.
October 1, 1983, and shall expire upon the enactment into
law of a bill reauthorizing the Export Administration Act.
THE WHITE HOUSE,
TO THE CONGRESS OF THE UNITED STATES:
Pursuant to Section 204 (b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703, I hereby report to the
Congress that I have today exercised the authority granted
by this Act to continue in effect the system of controls,
contained in 15 C.F.R. Parts 368-399, including restrictions
on participation by United States persons in certain foreign
boycott activities, which heretofore has been maintained
under the authority of the Export Administration Act of
1979, as amended, 50 U.S.C. App. 2401 et seq. In addition,
I have made provision for the administration of Section 38 (e)
of the Arms Export Control Act, 22 U.S.C. 2778 (e).
1. The exercise of this authority is necessitated by the
expiration of the Export Administration Act on October 14,
1983, and the resulting lapse of the system of controls
maintained under that Act.
2. In the absence of controls, foreign parties would have
unrestricted access to United States commercial products,
technology and technical data, posing an unusual and extra-
ordinary threat to national security, foreign policy, and
economic objectives critical to the United States. In
addition, United States persons would not be prohibited from
complying with certain foreign boycott requests. This would
seriously harm our foreign policy interests, particularly in
the Middle East. Controls established in 15 C.F.R. 368-399,
and continued by this action, include the following:
National security export controls aimed at restricting
the export of goods and technologies which would make a
significant contribution to the military potential of
any other country and which would prove detrimental to the
national security of the United States;
Foreign policy controls which further. the foreign
policy objectives of the United States or its declared
international obligations in such widely recognized
areas as human rights, anti-terrorism, and regional
stability;
Nuclear nonproliferation controls that are maintained
for both national security and foreign policy reasons,
and support the objectives of the Nuclear Nonprolif-
eration Act;
2
Short supply controls that protect domestic supplies;
and
Anti-boycott regulations that prohibit compliance with
foreign boycotts aimed at countries friendly to the
United States.
3. Consequently, I have issued an Executive Order to con-
tinue in effect all rules and regulations issued or continued
in effect by the Secretary of Commerce under the authority
of the Export Administration Act of 1979, as amended, and
all orders, regulations, licenses, and other forms of admin-
istrative actions under that Act, except where they are
inconsistent with sections 203 (b) and 206 of the Inter-
national Emergency Economic Powers Act.
4. The Congress and the Executive have not permitted export
controls to lapse since they were enacted under the Export
Control Act of 1949. Any termination of controls could
permit transactions to occur that would be seriously detri-
mental to the national interests we have heretofore sought
to protect through export controls and restrictions on
compliance by United States persons with certain foreign
boycotts. I believe that even a temporary lapse in this
system of controls would seriously damage our national
security, foreign policy and economic interests and under-
mine our credibility in meeting our international obligations.
5. The countries affected by this action vary depending on
the objectives sought to be achieved by the system of con-
trols instituted under the Export Administration Act.
Potential adversaries are seeking to acquire sensitive
United States goods and technologies. Other countries serve
as conduits for the diversion of such items. Still other
countries have policies that are contrary to United States
foreign policy or nuclear nonproliferation objectives, or
foster boycotts against friendly countries. For some goods
or technologies, controls could apply even to our closest
allies in order to safeguard against diversion to potential
adversaries.
6. It is my intention to terminate the Executive Order upon
the enactment into law of a bill reauthorizing the authorities
contained in the Export Administration Act.
THE WHITE HOUSE,
EXECUTIVE ORDER
CONTINUATION OF EXPORT CONTROL REGULATIONS
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) (hereinafter referred
to as "the Act"), and 22 U.S.C. 287c,
I, RONALD REAGAN, President of the United States of
America, find that the unrestricted access of foreign
parties to United States commercial goods, technology, and
technical data and the existence of certain boycott practices
of foreign nations constitute, in light of the expiration of
the Export Administration Act of 1979, an unusual and extra-
ordinary threat to the national security, foreign policy and
economy of the United States and hereby declare a national
economic emergency to deal with that threat.
Accordingly, in order (a) to exercise the necessary
vigilance over exports from the standpoint of their signif-
icance to the national security of the United States; (b) to
further significantly the foreign policy of the United
States, including its policy with respect to cooperation by
United States persons with certain foreign boycott activ-
ities, and to fulfill its international responsibilities;
and (c) to protect the domestic economy from the excessive
drain of scarce materials and reduce the serious economic
impact of foreign demand, it is hereby ordered as follows:
Section 1. Notwithstanding the expiration of the
Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.), the provisions of that Act, the provisions
for administration of that Act and delegations of authority
set forth in Executive Order No. 12002 of July 7, 1977 and
Executive Order No. 12214 of May 2, 1980, shall, to the
extent permitted by law, be incorporated in this Order and
shall continue in full force and effect.
Sec. 2. All rules and regulations issued or continued
in effect by the Secretary of Commerce under the authority
of the Export Administration Act of 1979, as amended,
including those published in Title 15, Chapter III, Sub-
chapter C, of the Code of Federal Regulations, Parts 368 to
399 inclusive, and all orders, regulations, licenses and
other forms of administrative action issued, taken or con-
tinued in effect pursuant thereto, shall, until amended or
revoked by the Secretary of Commerce, remain in full force
and effect, the same as if issued or taken pursuant to this
Order, except that the provisions of sections 203 (b) (2) and
206 of the Act (50 U.S.C. 1702 (b) (2) and 1705) shall control
over any inconsistent provisions in the regulations with
respect to, respectively, certain donations to relieve human
suffering and civil and criminal penalties for violations
subject to this Order. Nothing in this section shall affect
the continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for the administration of section 38 (e)
of the Arms Export Control Act (22 U.S.C. 2778 (e) ) may be
made and shall continue in full force and effect until
amended or revoked under the authority of section 203 of the
Act (50 U.S.C. 1702). To the extent permitted by law, this
Order also shall constitute authority for the issuance and
continuation in full force and effect of rules and regula-
tions by the President or his delegate, and all orders,
licenses, and other forms of administrative action issued,
taken or continued in effect pursuant thereto, relating to
the administration of section 38 (e).
3
Sec. 4. This Order shall be effective as of midnight
between October 14 and October 15, 1983, and shall remain in
effect until terminated. It is my intention to terminate
this Order upon the enactment into law of a bill reauthorizing
the authorities contained in the Export Administration Act.
THE WHITE HOUSE,
THE WHITE HOUSE
WASHINGTON
October 14, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
DEPUTY TO THE CHIEF OF STAFF
FROM:
RICHARD A. HAUSER /s/
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Executive Order: Continuation of
Export Control Regulations
This will confirm our oral advice that we have no legal
objection to the proposed Executive Order. As we indicated,
however, we would prefer that the last sentence of section 4
read as follows: "It is my intention to terminate this
Order upon the enactment into law of a bill reauthorizing
the Export Administration Act. "
RAH:JGR:aea 10/14/83
CC: FFFielding/RAHauser
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
October 14, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
DEPUTY TO THE CHIEF OF STAFF
FROM:
RICHARD A. HAUSER
15/
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Executive Order: Continuation of
Export Control Regulations
This will confirm our oral advice that we have no legal
objection to the proposed Executive Order. As we indicated,
however, we would prefer that the last sentence of section 4
read as follows: "It is my intention to terminate this
Order upon the enactment into law of a bill reauthorizing
the Export Administration Act."
RAH: JGR:aea 10/14/83
CC: FFFielding/RAHauser
JGRoberts
Subj
Chron
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 14, 1983
EXECUTIVE ORDER
CONTINUATION OF EXPORT CONTROL REGULATIONS
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) (hereinafter referred
to as "the Act"), and 22 U.S.C. 287c,
I, RONALD REAGAN, President of the United States of
America, find that the unrestricted access of foreign
parties to United States commercial goods, technology, and
technical data and the existence of certain boycott practices
of foreign nations constitute, in light of the expiration of
the Export Administration Act of 1979, an unusual and extra-
ordinary threat to the national security, foreign policy
and economy of the United States and hereby declare a national
economic emergency to deal with that threat.
Accordingly, in order (a) to exercise the necessary
vigilance over exports from the standpoint of their signif-
icance to the national security of the United States; (b) to
further significantly the foreign policy of the United
States, including its policy with respect to cooperation by
United States persons with certain foreign boycott activ-
ities, and to fulfill its international responsibilities;
and (c) to protect the domestic economy from the excessive
drain of scarce materials and reduce the serious economic
impact of foreign demand, it is hereby ordered as follows:
Section 1. Notwithstanding the expiration of the
Export Administration Act of 1979, as amended (50 U.S.C. App.
2401 et seq.), the provisions of that Act, the provisions
for administration of that Act and delegations of authority
set forth in Executive Order No. 12002 of July 7, 1977 and
Executive Order No. 12214 of May 2, 1980, shall, to the
extent permitted by law, be incorporated in this Order and
shall continue in full force and effect.
Sec. 2. All rules and regulations issued or continued
in effect by the Secretary of Commerce under the authority
of the Export Administration Act of 1979, as amended,
including those published in Title 15, Chapter III, Sub-
chapter C, of the Code of Federal Regulations, Parts 368 to
399 inclusive, and all orders, regulations, licenses and
other forms of administrative action issued, taken or con-
tinued in effect pursuant thereto, shall, until amended or
revoked by the Secretary of Commerce, remain in full force
and effect, the same as if issued or taken pursuant to this
(OVER)
-2-
Order, except that the provisions of sections 203 (b) (2) and
206 of the Act (50 U.S.C. 1702 (b) (2) and 1705) shall control
over any inconsistent provisions in the regulations with
respect to, respectively, certain donations to relieve human
suffering and civil and criminal penalties for violations
subject to this Order. Nothing in this section shall affect
the continued applicability of administrative sanctions
provided for by the regulations described above.
Sec. 3. Provisions for the administration of section 38 (e)
of the Arms Export Control Act (22 U.S.C. 2778 (e) ) may be
made and shall continue in full force and effect until
amended or revoked under the authority of section 203 of the
Act (50 U.S.C. 1702). To the extent permitted by law, this
Order also shall constitute authority for the issuance and
continuation in full force and effect of rules and regula-
tions by the President or his delegate, and all orders,
licenses, and other forms of administrative action issued,
taken or continued in effect pursuant thereto, relating to
the administration of section 38 (e).
Sec. 4. This Order shall be effective as of midnight
between October 14 and October 15, 1983, and shall remain in
effect until terminated. It is my intention to terminate
this Order upon the enactment into law of a bill reauthor-
izing the authorities contained in the Export Administration
Act.
RONALD REAGAN
THE WHITE HOUSE,
October 14, 1983.
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