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Executive Order 11846--Administration of the trade agreements program

Source: The provisions of Executive Order 11846 of Mar. 27, 1975, appear at 40 FR 14291, 3 CFR, 1971-1975 Comp., p. 971, unless otherwise noted.

By virtue of the authority vested in me by the Trade Act of 1974, hereinafter referred to as the Act (Public Law 93-618, 88 Stat. 1978), the Trade Expansion Act of 1962, as amended (19 U.S.C. 1801), Section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), and Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

Section 1. The Trade Agreements Program. The "trade agreements program" includes all activities consisting of, or related to, the negotiation or administration of international agreements which primarily concern trade and which are concluded pursuant to the authority vested in the President by the Constitution, Section 350 of the Tariff Act of 1930, as amended, the Trade Expansion Act of 1962, as amended, or the Act.

Sec. 2. The United States Trade Representative.
(a) The United States Trade Representative, hereinafter referred to as the Trade Representative, in addition to the functions conferred upon him by the Act, including Section 141 thereof, and in addition to the functions and responsibilities set forth in this Order, shall be responsible for such other functions as the President may direct.
(b) [Revoked]
(c) The Trade Representative shall prepare, for the President's transmission to Congress, the annual report on the trade agreements program required by Section 163(a) of the Act. At the request of the Trade Representative, other agencies shall assist in the preparation of that report.
(d) The Trade Representative, except where expressly otherwise provided or prohibited by statute, Executive order, or instructions of the President, shall be responsible for the proper administration of the trade agreements program, and may, as he deems necessary, assign to the head of any Executive agency or body the performance of his duties which are incidental to the administration of the trade agreements program.
(e) The Trade Representative shall consult with the Trade Policy Committee in connection with the performance of his functions, including those established or delegated by this Order, and shall, as appropriate, consult with other Federal agencies or bodies. With respect to the performance of his functions under Title IV of the Act, including those established or delegated by this Order, the Trade Representative shall also consult with the East-West Foreign Trade Board.
(f) The Trade Representative shall be responsible for the preparation and submission of any Proclamation which relates wholly or primarily to the trade agreements program. Any such Proclamation shall be subject to all the provisions of Executive Order No. 11030, as amended, except that such Proclamation need not be submitted to the Director of the Office of Management and Budget.
(g) The Secretary of State shall advise the Trade Representative, and the Committee, on the foreign policy implications of any action under the trade agreements program. The Trade Representative shall invite appropriate departments to participate in trade negotiations of particular interest to such departments, and the Department of State shall participate in trade negotiations which have a direct and significant impact on foreign policy.

[Sec. 2 affected by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 3. The Trade Policy Committee. (a) [Revoked]
(b) The Committee shall have the functions conferred by the Trade Expansion Act of 1962, as amended, upon the inter-agency organization referred to in Section 242 thereof, as amended, the functions delegated to it by the provisions of this Order, and such other functions as the President may from time to time direct. Recommendations and advice of the Committee shall be submitted to the President by the Chairman.
(c) The Trade Representative or any other officer who is chief representative of the United States in a negotiation in connection with the trade agreements program shall keep the Committee informed with respect to the status and conduct of negotiations and shall consult with the Committee regarding the basic policy issues arising in the course of negotiations.
(d) Before making recommendations to the President under Section 242(b)(2) of the Trade Expansion Act of 1962, as amended, the Committee shall, through the Trade Representative, request the advice of the Adjustment Assistance Coordinating Committee, established by Section 281 of the Act.
(e) [Revoked]
(f) [Revoked]
(g) The Trade Expansion Act Advisory Committee established by Section 4 of Executive Order No. 11075 of January 15, 1963, is abolished and all of its records are transferred to the Trade Policy Committee.

[Sec. 3 amended by Executive Order 11947 of Nov. 8, 1976, 41 FR 49799, 3 CFR, 1976 Comp., p. 159; Executive Order 12102 of Nov. 17, 1978, 43 FR 54197, 3 CFR, 1978 Comp., p. 258; affected by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 4. Trade Negotiations Under Title I of the Act.
(a) The functions of the President under Section 102 of the Act concerning notice to, and consultation with, Congress, in connection with agreements on nontariff barriers to, and other distortions of, trade, are hereby delegated to the Trade Representative.
(b) The Trade Representative, after consultation with the Committee, shall prepare, for the President's transmission to Congress, all proposed legislation and other documents necessary or appropriate for the implementation of, or otherwise required in connection with, trade agreements; provided, however, that where implementation of an agreement on nontariff barriers to, and other distortions of, trade requires a change in a domestic law, the department or agency having the primary interest in the administration of such domestic law shall prepare and transmit to the Trade Representative the proposed legislation necessary or appropriate for such implementation.
(c) The functions of the President under Section 131(a) of the Act, with respect to publishing and furnishing to the International Trade Commission lists of articles, are delegated to the Trade Representative. The functions of the President under Section 131(c) of the Act with respect to advice of the International Trade Commission and under Section 132 of the Act with respect to advice of the departments of the Federal Government and other sources, are delegated to the Trade Representative. The functions of the President under Section 133 of the Act with respect to public hearings in connection with certain trade negotiations are delegated to the Trade Representative, who shall designate an interagency committee to hold and conduct any such hearings.
(d) The functions of the President under Section 135 of the Act with respect to advisory committees and, notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (86 Stat. 770, 5 U.S.C. App. I), except that of reporting annually to Congress, which are applicable to advisory committees under the Act are delegated to the Trade Representative. In establishing and organizing general policy advisory committees or sector advisory committees under Section 135(c) of the Act, the Trade Representative shall act through the Secretaries of Commerce, Labor and Agriculture, as appropriate.
(e) The functions of the President with respect to determining ad valorem amounts and equivalents pursuant to Section 601(3) and (4) of the Act are hereby delegated to the Trade Representative. The International Trade Commission is requested to advise the Trade Representative with respect to determining such ad valorem amounts and equivalents. The Trade Representative shall seek the advice of the Commission and consult with the Committee with respect to the determination of such ad valorem amounts and equivalents.
(f) Advice of the International Trade Commission under Section 131 of the Act, and other advice or reports by the International Trade Commission to the President or the Trade Representative, the release or disclosure of which is not specifically authorized or required by law, shall not be released or disclosed in any manner or to any extent not specifically authorized by the President or by the Trade Representative.
(g) All reports, findings, advice, determinations, hearing transcripts, briefs, and information which, under the terms of the Act, the International Trade Commission is required to furnish to the President shall be transmitted to the President through the Trade Representative.

[Sec. 4 amended by Executive Order 11947 of Nov. 8, 1976, 41 FR 49799, 3 CFR, 1976 Comp., p. 159; affected by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 5. Import Relief and Market Disruption.
(a) The Trade Representative is authorized to request from the International Trade Commission the information specified in Sections 202(d) and 203(i)(1) and (2) of the Act.
(b) The Secretary of the Treasury, in consultation with the Secretary of Commerce or the Secretary of Agriculture, as appropriate, is authorized to issue, under Section 203(g) of the Act, regulations governing the administration of any quantitative restrictions proclaimed in order to provide import relief and is authorized to issue, under Section 203(g) of the Act or 352(b) of the Trade Expansion Act of 1962, regulations governing the entry, or withdrawal from warehouses for consumption, of articles pursuant to any orderly marketing agreement.
(c) The Secretary of Commerce shall exercise primary responsibility for monitoring imports under any orderly marketing agreement.

[Sec. 5 affected by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 6. Unfair Trade Practices. [Revoked]

[Sec. 6 revoked by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 7. East-West Foreign Trade Board. (a) In accordance with Section 411 of the Act, there is hereby established the East-West Foreign Trade Board, hereinafter referred to as the Board.¹ The Board shall be composed of the following members and such additional members of the Executive branch as the President may designate:

(1) The Secretary of State.

(2) The Secretary of the Treasury.

(3) The Secretary of Defense.

(4) The Secretary of Agriculture.

(5) The Secretary of Commerce.

(6) The United States Trade Representative.

(7) The Director of the Office of Management and Budget.

(8) The Chairman of the Council of Economic Advisers.

(9) The President of the Export-Import Bank of the United States.

The President shall designate the Chairman and the Deputy Chairman of the Board. The President may designate an Executive Secretary, who shall be Chairman of a working group which will include membership from the agencies represented on the Board.

(b) The Board shall perform such functions as are required by Section 411 of the Act and such other functions as the President may direct.

(c) The Board is authorized to promulgate such rules and regulations as are necessary or appropriate to carry out its responsibilities under the Act and this Order.

(d) The Secretary of State shall advise the President with respect to determinations required to be made in connection with Sections 402 and 409 of the Act (dealing with freedom of emigration) and Section 403 (dealing with United States personnel missing in action in Southeast Asia), and shall prepare, for the President's transmission to Congress, the reports and other documents required by Sections 402 and 409 of the Act.

(e) The President's Committee on East-West Trade Policy, established by Executive Order No. 11789 of June 25, 1974, as amended by Section 6(d) of Executive Order No. 11808 of September 30, 1974, is abolished and all of its records are transferred to the Board.

[Sec. 7 amended by Executive Order 11894 of Jan. 3, 1976, 41 FR 1041, 3 CFR, 1976 Comp., p. 81; Executive Order 12102 of Nov. 17, 1978, 43 FR 54197, 3 CFR, 1978 Comp., p. 258; affected by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 8. Generalized System of Preferences.
(a) The Trade Representative, in consultation with the Secretary of State, shall be responsible for the administration of the generalized system of preferences under Title V of the Act.
(b) The Committee, through the Trade Representative, shall advise the President as to which countries should be designated as beneficiary developing countries, and as to which articles should be designated as eligible articles for the purposes of the system of generalized preferences.
(c) The Committee, through the Trade Representative, shall perform the functions of the President specified in Section 503(a) of the Act, with respect to publishing and furnishing to the International Trade Commission lists of articles that may be considered for designation as eligible articles for purposes of the Generalized System of Preferences.
(d) The Committee, through the Trade Representative, to the extent necessary to determine the applicability of the provisions of Section 504(d) of the Act to any eligible article, shall perform the functions of the President under Section 332(g) of the Tariff Act of 1930, as amended, with respect to requests for investigations by, and reports from, the International Trade Commission.

[Sec. 8 amended by Executive Order 11947 of Nov. 8, 1976, 41 FR 49799, 3 CFR, 1976 Comp., p. 159; affected by Executive Order 12188 of Jan. 2, 1980, 45 FR 989, 3 CFR, 1980 Comp., p. 131]

Sec. 9. Prior Executive Orders. (a) Executive Order No. 11789 of June 25, 1974, and Section 6(d) of Executive Order No. 11808 of September 30, 1974, relating to the President's Committee on East-West Trade Policy are hereby revoked.
(b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075 of January 15, 1963, are hereby revoked effective April 3, 1975; (2) the remainder of Executive Order No. 11075, and Executive Order No. 11106 of April 18, 1963 and Executive Order No. 11113 of June 13, 1963, are hereby revoked.

¹ Editorial note: Functions transferred to the United States Trade Representative and Board abolished by Reorganization Plan No. 3 of 1979, 44 FR 69273, 3 CFR, 1979 Comp., p. 513, effective Jan. 2, 1980.