firearms, and Title XI (Regulation of Explosives) of the Organized Crime Control Act of 1970 (Title 18, U.S.C., Chapter 40); § 2293. Emergency powers of Administrator. TRANSFER OF FUNCTIONS The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United Stats by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out under section 2271 of this Appendix. § 2296. Compensation for acquisition of nongovernmental property; return of property to owner; disposal of surplus property. TRANSFER OF FUNCTIONS The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United Stats by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out under section 2271 of this Appendix. EXPORT REGULATION PUB. L. 91-184, DEC. 30, 1969, 83 STAT. 841 Section 2401 et seq. of this Appendix are referred to in title 30 section 185. § 2401. Congressional findings. The Congress makes the following findings: (3) The unwarranted restriction of exports from the United States has a serious adverse effect on our balance of payments, particularly when export restrictions applied by the United States are more extensive than export restrictions imposed by countries with which the United States has defense treaty commitments. (As amended Pub. L. 92-412, title I, § 102, Aug. 29, 1972, 86 Stat 644.) AMENDMENTS 1972-Par. (3). Pub. L. 92-412 qualified the adverse effect of export restrictions on balance of payments to cases where such export restrictions by the United States are more extensive than those imposed by countries with which United States has defense treaty commitments. EFFECTIVE DATE OF 1972 AMENDMENT Section 108 of Pub. L. 92-412 provided that: "The provisions of this title [which amended sections 2401(3), 2402(6), 2403(b), (e), 2404, and 2413 of this Appendix and enacted provisions set out as notes under sections 2401, 2403, and 2406 of this Appendix] take effect as of the close of July 31, 1972." SHORT TITLE Section 101 of Pub. L. 92-412 provided that: "This title [which amended sections 2401(3), 2402(6), 2403(b), (e), 2404, and 2413 of this Appendix and enacted provisions set out as notes under sections 2401, 2403, and 2406 of this Appendix] may be cited as the 'Equal Export Opportunity Act'." Ex. ORD. NO. 11753. PRESIDENT'S EXPORT COUNCIL Ex. Ord. No. 11753, Dec. 20, 1973, 38 F.R. 34983, provided: By virtue of the authority vested in me as President of the United States of America, it is hereby ordered as follows: SECTION 1. Establishment of the President's Export Council. (a) There is hereby established within the Department of Commerce the President's Export Council, hereinafter referred to as the "Export Council," which shall be composed of a Chairman, a Vice Chairman, and twenty other members representative of business and industry of which eight members shall be selected without regard to geographic considerations and twelve members shall be selected so as to provide appropriate regional representation. The President shall appoint the Chairman, the Vice Chairman, and all other members of the Export Council. (b) The Export Council shall serve as a national advisory body to the President on export expansion activities. (c) The Secretary of Commerce (hereinafter referred to as the "Secretary") is directed to insure that the recommendations of the Export Council receive appropriate Governmental consideration. (d) The Secretary, with the concurrence of the Chairman, shall appoint an Executive Secretary for the Export Council. SEC. 2 Functions of the Export Council. The Export Council shall, through the Secretary, advise the President, the Council on International Economic Policy (CIEP), and the President's Interagency Committee for Export Expansion (PICEE) on matters relating to export trade. In particular, the Export Council may— (1) Identify and examine problems regarding the effects of industrial practices on export trade and the need for industry to improve its export efforts, and recommend solutions to these problems. (2) Survey and evaluate export expansion activities which reflect the ideas of the business community. (3) Provide liaison among members of the business and industrial community on export expansion matters. (4) Encourage the business and industrial community to enter new foreign markets and to expand existing export programs. (5) Advise on plans and actions of the Federal Government involving export expansion policies affecting business and industry. (6) Provide a forum for business and Government on current and emerging problems and issues in the field of export expansion. SEC. 3. Subordinate Committees. The Export Council may establish, with the concurrence of the Secretary, an executive committee and such other subordinate committees as it considers necessary in the performance of its functions. Subordinate committees shall be headed by a chairman selected from the membership by the Chairman of the Export Council with the concurrence of the Secretary. Members of the subordinate committees shall be selected by the Secretary from representatives of business and industry. SEC. 4. Administrative Assistance. As permitted by law and as necessary to carry out the purposes of this order, the Secretary may provide or arrange for administrative and staff services, support, and facilities for the Export Council, including its executive committee and subordinate committees. SEC. 5. Expenses. Members of the Export Council, including its executive committee and subordinate committees, shall receive no compensation from the United States by reason of their services under this order, but may, to the extent permitted by law, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. SEC. 6. Federal Advisory Committee Act. The Department of Commerce shall perform such functions with respect to the administration of this order as may be required under the provisions of the Federal Advisory Committee Act (Public Law 92-463; 86 Stat. 770) [set out in the Appendix to Title 5, Government Organization and Employees]. SEC. 7. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency to the authority of any other Federal agency. the Export Council, or its Executive Committee and any of its subordinate committees, or as abrogating or restricting any such function in any manner. SEC. 8. Revocation. The Interagency Committee on Export Expansion is hereby abolished and Executive Order No. 11132 of December 12, 1963, as amended by Executive Order No. 11148 of March 23, 1964, is hereby revoked. RICHARD NIXON. § 2402. Congressional declaration of policy. The Congress makes the following declarations: (6) It is the policy of the United States that the desirability of subjecting, or continuing to subject, particular articles, materials, or supplies, including technical data or other information, to United States export controls should be subjected to review by and consultation with representatives of appropriate United States Government agencies and qualified experts from private industry. (As amended Pub. L. 92-412, title I, § 103, Aug. 29, 1972, 86 Stat. 644.) AMENDMENT 1972-Par. (6). Pub. L. 92-412 added par. (6). EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-412 effective as of the close of July 31, 1972, see section 108 of Pub. L. 92-412, set out as a note under section 23401 of this Appendix. § 2403. Authority to effectuate policy. of Commerce for such action as he may deem appropriate to carry out the purposes of that section. (2) The Secretary of Commerce, in cooperation with appropriate United States Government departments and agencies and the appropriate technical advisory committees established under section 5(c) [section 2404 (c) of this Appendix], shall undertake an investigation to determine which articles, materials, and supplies, including technical data and other information, should no longer be subject to export controls because of their significance to the national security of the United States. Notwithstanding the provisions of paragraph (1), the President shall remove unilateral export controls on the export from the United States of articles, materials, or supplies, including technical data or other information, which he determines are available without restriction from sources outside the United States in significant quantities and comparable in quality to those produced in the United States, except that any such control may remain in effect if the President determines that adequate evidence has been presented to him demonstrating that the absence of such a control would prove detrimental to the national security of the United States. The nature of such evidence shall be included in the special report required by paragraph (4). (3) In conducting the investigation referred to in paragraph (2) and in taking the action required under such paragraph, the Secretary of Commerce shall give priority to those controls which apply to articles, materials, and supplies, including technical data and other information, for which there are significant potential export markets. (4) Not later than nine months after the date of enactment of the Equal Export Opportunity Act [August 29, 1972], the Secretary of Commerce shall submit to the President and to the Congress a special report of actions taken under paragraphs (2) and (3). Such report shall contain— (A) a list of any articles, materials, and supplies including technical data and other information, which are subject under this Act [sections 2401 to 2413 of this Appendix] to export controls greater than those imposed by nations with which the United States has defense treaty commitments, and the reasons for such greater controls; and (b) Presidential determinations; rules and regulations; export decontrol, investigation; Presidential removal of unilateral export controls; priority to controls; report to President and Congress. (1) To effectuate the policies set forth in section 3 of this Act [section 2402 of this Appendix], the President may prohibit or curtail the exportation from the United States, its territories and possessions, of any articles, materials, or supplies, including technical data or any other information, except under such rules and regulations as he shall prescribe. To the extent necessary to achieve effective enforcement of this Act [sections 2401 to 2413 of this Appendix], these rules and regulations may apply to the financing, transporting, and other servicing of exports and the participation therein by any person. Rules and regulations may provide for denial of any request or application for authority to export articles, materials, or supplies, including technical data, or any other information, from the United States, its territories and possessions, to any nation or combination of nations threatening the national security of the United States if the President determines that their export would prove detrimental to the national security of the United States, regardless of their availability from nations other than any nation or combination of nations threatening the national security of the United States, but whenever export licenses are required on the ground that considerations of national security override considerations of foreign availability, the reasons for so doing shall be reported to the Congress in the The authority conferred by this section shall not quarterly report following the decision to require be exercised with respect to any agricultural comsuch licenses on that ground to the extent consideramodity, including fats and oils or animal hides or tions of national security and foreign policy permit. The rules and regulations shall implement the proskins, without the approval of the Secretary of Agrivisions of section 3 (5) of this Act [section 2402(5) culture. The Secretary of Agriculture shall not apof this Appendix] and shall require that all domestic prove the exercise of such authority with respect to concerns receiving requests for the furnishing of any such commodity during any period for which information or the signing of agreements as specified the supply of such commodity is determined by him in that section must report this fact to the Secretary to be in excess of the requirements of the domestic (B) a list of any procedures applicable to export licensing in the United States which may be or are claimed to be more burdensome than similar procedures utilized in nations with which the United States has defense treaty commitments, and the reasons for retaining such procedures in their present form. (e) Exclusion of agricultural commodities. economy, except to the extent the President determines that such exercise of authority is required to effectuate the policies set forth in clause (B) or (C) of paragraph (2) of section 3 of this Act [section 2402 of this Appendix]. (As amended Pub. L. 92-412, title I, § 104(a), (b) (1), Aug. 29, 1972, 86 Stat. 644, 645.) AMENDMENTS 1972 Subsec. (b). Pub. L. 92-412, § 104(a), designated existing provisions as par. (1) and added pars. (2) to (4). Subsec. (e). Pub. L. 92-412, § 104(b) (1), excluded animal hides or skins. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-412 effective as of the close of July 31, 1972, see section 108 of Pub. L. 92-412, set out as a note under section 2401 of this Appendix. RULES, REGULATIONS, PROCLAMATIONS, OR ORDERS ISSUED AFTER JULY 1, 1972, TERMINATED Aug. 29, 1972 Section 104(b)(2) of Pub. L. 92-412 provided that: "Any rule, regulation, proclamation, or order issued after July 1, 1972, under section 4 of the Export Administration Act of 1969 [this section], exercising any authority conferred by such section with respect to any agricultural commodity, including fats and oils or animal hides or skins, shall cease to be effective upon the date of enactment of this Act [Aug. 29, 1972]." ADMINISTRATION OF EXPORT ADMINISTRATION ACT For provisions relating to the administration of the Export Administration Act, see Ex. Ord. No. 11533, June 4, 1970, 35 F.R. 8799, set out as a note under section 95a of Title 12, Banks and Banking. § 2404. Consultations for determination of controls; standards or criteria established; technical advisory committees: appointment, duty and function, travel and other necessary expenses, meetings, chairman, termination or extension. (c) (1) Upon written request by representatives of a substantial segment of any industry which produces articles, materials and supplies, including technical data and other information, which are subject to export controls or are being considered for such controls because of their significance to the national security of the United States, the Secretary of Commerce shall appoint a technical advisory committee for any grouping of such articles, materials, and supplies, including technical data and other information, which he determines is difficult to evaluate because of questions concerning technical matters, worldwide availability and actual utilization of production and technology, or licensing procedures. Each such committee shall consist of representatives of United States industry and government. No person serving on any such committee who is representative of industry shall serve on such committee for more than two consecutive years. (2) It shall be the duty and function of the technical advisory committees established under paragraph (1) to advise and assist the Secretary of Commerce and any other department, agency, or official of the Government of the United States to which the President has delegated power, authority, and discretion under section 4(d) [section 2403 (d) of this Appendix] with respect to actions designed to carry out the policy set forth in section 3 of this Act [section 2402 of this Appendix]. Such committees shall be consulted with respect to questions involving technical matters, worldwide availability and actual utilization of production and technology, and licensing procedures which may affect the level of export controls applicable to any articles, materials, or supplies, including technical data or other information, and including those whose export is subject to multilateral controls undertaken with nations with which the United States has defense treaty commitments, for which the committees have expertise. Such committees shall also be consulted and kept fully informed of progress with respect to the investigation required by section 4(b) (2) of this Act [section 2403(b) (2) of this Appendix]. Nothing in this subsection shall prevent the Secretary from consulting, at any time, with any person representing industry or the general public regardless of whether such person is a member of a technical advisory committee. Members of the public shall be given a reasonable opportunity, pursuant to regulations prescribed by the Secretary of Commerce, to present evidence to such committees. (3) Upon request of any member of any such committee, the Secretary may, if he determines it appropriate, reimburse such member for travel, subsistence, and other necessary expenses incurred by him in connection with his duties as a member. (4) Each such committee shall elect a chairman, and shall meet at least every three months at the call of the Chairman, unless the Chairman determines, in consultation with the other members of the committee, that such a meeting is not necessary to achieve the purposes of this Act [sections 2401 to 2413 of this Appendix]. Each such committee shall be terminated after a period of two years, unless extended by the Secretary for additional periods of two years. The Secretary shall consult each such committee with regard to such termination or extension of that committee. (As amended Pub. L. 92412, title I, § 105, Aug. 29, 1972, 86 Stat. 645.) AMENDMENTS 1972 Subsec. (c). Pub. L. 92-412 added subsec. (c). EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-412 effective as of the close of July 31, 1972, see section 108 of Pub. L. 92-412, set out as a note under section 2401 of this Appendix. § 2406. Enforcement. CONFIDENTIAL INFORMATION Pub. L. 92-412, title I, § 107, Aug. 29, 1972, 86 Stat. 646, provided that: "Nothing in this title [see Short Title note under section 2401 of this title] shall be construed to require the release or publication of information which is classified pursuant to Executive order or to affect the confidentiality safeguards provided in section 7(c) of the Export Administration Act of 1969 [subsec. (c) of this section]." § 2413. Termination date. The authority granted by this Act [sections 2401 to 2413 of this Appendix] terminates on June 30, 1974, or upon any prior date which the Congess by concurrent resolution or the President by proclamation may designate. (As amended Pub. L. 92-37, June 30, 1971, 85 Stat. 89; Pub. L. 92-150, Oct. 30, 1971, 85 Stat. 416; Pub. L. 92-284, Apr. 29, 1972, 86 Stat. 133; Pub. L. 92-412, title I, § 106, Aug. 29, 1972, 86 Stat. 646.) AMENDMENTS 1972-Pub. L. 92-412 extended termination date from Aug. 1, 1972, to June 30, 1974. Pub. L. 92-284 substituted “August 1, 1972" for "May 1, 1972". 1971-Pub. L. 92-150 extended termination date from October 31, 1971, to May 1, 1972. Pub. L. 92-37 extended termination date from June 30, 1971, to October 31, 1971. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-412 effective as of the close of July 31, 1972, see section 108 of Pub. L. 92-412, set out as a note under section 2401 of this Appendix. |