DAO 201-4

SECTION 1. PURPOSE.

This revision continues in effect and updates the provisions for the Advisory Committee on Export Policy and restates how it shall function in relation to overall arrangements for carrying out interagency consultation requirements on export controls called for by the Export Administration Act of 1969.

SECTION 2. BACKGROUND.

.01 By Executive Order 11533 of June 4, 1970, the Secretary of Commerce is delegated the President's power, authority and discretion to carry out the provisions of eh Export Administration Act of 1969 (the "Act"), (Public Law 91-184; 83 Stat. 841), effective as of January 1, 1970. This Executive order supersedes a number of previous Executive orders under which the Secretary of Commerce was responsible for carrying out provisions of predecessor Acts.

.02 Section 5(a) of the Act requires that the department or agency making certain determinations with respect to exports authorized by the Act shall seek advice and information from other departments or agencies concerned. For this purpose under the predecessor Export Control Act of 1949, the Secretary on October 5, 1950, through the issuance of Department Order 125, established the Advisory Committee on Export Policy (ACEP). The ACEP replaced a previous structure for interagency coordination on export control matters.

.03 In Executive Order 11533, the President established the Export Administration Review Board (EARB), consisting of the Secretaries of Defense, State and Commerce, with the last serving as Chairman. The EARB, which replaces the Export Control Review board which was established May 24, 1961, under the Export Control Act of 1949, as amended, continues the purpose of the earlier board of assuring the highest level of consideration of trade control policies and actions, and, to the extent possible, of obtaining agreed upon action on the part of departments most vitally concerned with advising and counseling the Department of Commerce under provisions of the Act and predecessor Acts. The EARB chiefly functions as a review body whereby problems, on which divergent views remain after consideration through the ACEP structure, may be considered and resolved at the Cabinet level.

SECTION 3. THE ADVISORY COMMITTEE ON EXPORT POLICY.

.01 The Advisory Committee on Export Policy is hereby continued.

.02 The following departments and agencies, together with the Department of Commerce, constitute the membership of the ACEP, each having designated a representative of the rank of Assistant Secretary or equivalent on the ACEP upon the invitation of the Secretary of Commerce:

Department of State

Department of Defense

Department of Agriculture

Department of Interior

Department of Treasury

Department of Transportation

Atomic Energy Commission

National Aeronautics and Space Administration

Office of Emergency Preparedness

Central Intelligence Agency

In addition to its designated representative, each member department and agency may designate on or more alternate representatives. The Chairman of the ACEP may invite other departments and agencies to participate in the discussions of the ACEP when matters affecting their interests or on which they may furnish information are under consideration.

.03 The Assistant Secretary of Commerce for Domestic and International Business (DIB) shall be the chairman of the ACEP. He may designate a Vice Chairman to serve in his absence. He shall designate an official under his line of direction to serve as Executive Secretary of the ACEP, and may establish, as he deems necessary, rules governing the procedures and operations of the ACEP and of its subcommittees or working groups.

SECTION 4. FUNCTIONS ON THE ACEP.

In accord with Section 5(a) of the Act, the ACEP shall inform and advise the Secretary with respect to his determining what shall be controlled under the Act and the extent to which exports shall be limited. More specifically, the ACEP shall review and recommend:

a. United States export control policy objectives;

b. Export policies and programs relating to the foreign policy and national security of the United States;

c. Export control licensing policies, criteria and rating structures, and the listing and delisting of commodities and technical data to be designated and controlled for export from the United States;

d. Export policies and programs affecting particular foreign countries or areas or otherwise relating to foreign policy and the fulfillment of U.S. international responsibilities;

e. Export policies and programs for materials in short supply; and

f. Actions on other significant policy problems, including particular export transactions, and matters on which the Assistant Secretary for DIB may seek information and advice.

SECTION 5. WORKING STRUCTURE OF THE ACEP.

.01 The ACEP shall continue to have a subcommittee, called the Operating Committee (OC), which shall serve as the mechanism for initial interagency consideration of export matters within the purview of the ACEP.

.02 The OC shall consist of a senior official from each of the member departments and agencies of the ACEP, as designated by their respective ACEP representative. One or more alternate representatives may be similarly designated by each ACEP representative.

.03 The Executive Secretary of ACEP shall serve as Chairman of the OC, but not as the Department of Commerce representative to the OC.

SECTION 6. INTERAGENCY CONSULTATION PROCEDURES.

.01 Matters within the scope of the ACEP's review and advisory functions normally shall be initially referred to its OC for consideration on behalf of the ACEP, but at the election of any member of ACEP or the EARB, any such matter may be initially considered directly by the ACEP proper or by the EARB.

.02 The OC Chairman shall report to the Assistant Secretary for DIB the information and advice of the OC representatives on each matter considered in the OC, except where the OC Chairman is otherwise authorized or directed by the Assistant Secretary for DIB to follow other procedures. This shall include the Chairman's recommendation thereon, and the concurrences and objections, if any, of the representatives with respect to the Chairman's recommendation.

a. If there is no objection to the OC Chairman's recommendation, the Assistant Secretary for DIB shall take steps to implement the recommended action or, if he disagrees wit it, refer the matter back to the OC for reconsideration or to the ACEP proper for consideration.

b. If the OC Chairman's recommendation on a matter is objected to by an OC representative, the Assistant Secretary for DIB shall refer the matter to the ACEP proper for further consideration, unless he believes further consideration by the OC may be desirable or direct referral by the Secretary of the EARB is indicated.

.03 On any matter reviewed by the ACEP proper, the Assistant Secretary for DIB as its Chairman shall report to the Secretary of Commerce the information and advice of the ACEP representatives, together with his recommendation thereon, and the concurrences and objections, if any, of the representatives with respect to his recommendation.

a. If there is no objection to the ACEP Chairman's recommendation, the Secretary will, if he is in agreement, authorize and approve the taking of recommended action by the Department of Commerce. If the Secretary disagrees with the proposed action he normally will refer the matter back to the ACEP for reconsideration or direct to the EARB.

b. If the ACEP Chairman's recommendation on a matter is objected to by an ACEP representative, the Secretary normally will refer the matter back to the ACEP for further consideration in light of his own views on the subject or submit it to the EARB for resolution of the disagreement.

.04 The advisory position each OC representative and of each ACEP representative concerned with the subject matter shall be recorded on all substantive matters considered by each group.

.05 The Assistant Secretary for DIB may assign to a Deputy Assistant Secretary under him the responsibility for reviewing and the authority for acting on recommendations of the OC Chairman as set forth in paragraph .02 above.

SECTION 7. EFFECT ON OTHER ORDERS.

This order supersedes Department Administrative Order 201-4, (formerly Department Order 125), dated April 9, 1969.

Signed by: Secretary of Commerce

Index Changes

Add: Executive Orders

11533 Administration of the Export Administration Act of 1969 201-4