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Executive Order establishing national emergency
Since apparently people are having some difficult in finding
Executive Order No. 12924, which continued the authority for the
Export Control Regulations that are administered by the Commerce
Department, I am posting a copy here. This is taken from the entry
for 50 USC 1701 in the House of Representatives internet law library.
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EX. ORD. NO. 12924. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including but not
limited to section 203 of the International Emergency Economic
Powers Act (''Act'') (50 U.S.C. 1702), I, WILLIAM J. CLINTON,
President of the United States of America, find that the
unrestricted access of foreign parties to U.S. goods, technology,
and technical data and the existence of certain boycott practices
of foreign nations, in light of the expiration of the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et
seq.), constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
and hereby declare a national emergency with respect to that
threat.
Accordingly, in order (a) to exercise the necessary vigilance
over exports and activities affecting 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 U.S. persons with certain foreign boycott activities, 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. To the extent permitted by law, the provisions of the
Export Administration Act of 1979, as amended, and the provisions
for administration of the Export Administration Act of 1979, as
amended, shall be carried out under this order so as to continue in
full force and effect and amend, as necessary, the export control
system heretofore maintained by the Export Administration
regulations issued under the Export Administration Act of 1979, as
amended. The delegations of authority set forth in Executive Order
No. 12002 of July 7, 1977 (50 App. U.S.C. 2403 note), as amended by
Executive Order No. 12755 of March 12, 1991; Executive Order No.
12214 of May 2, 1980 (50 App. U.S.C. 2403 note); Executive Order
No. 12735 of November 16, 1990 (50 U.S.C. 1701 note); and Executive
Order No. 12851 of June 11, 1993 (22 U.S.C. 2797 note), shall be
incorporated in this order and shall apply to the exercise of
authorities under this order.
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 (50 App. U.S.C. 2401 et
seq.), including those published in Title 15, Subtitle B, Chapter
VII, Subchapter C, of the Code of Federal Regulations, Parts 768
through 799, and all orders, regulations, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant thereto, shall, until amended or revoked by the Secretary
of Commerce, remain in full force and effect 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.
Nothing in this section shall affect the continued applicability of
administrative sanctions provided for by the regulations described
above.
Sec. 3. Provisions for 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 all
rules and regulations by the President or his delegate, and all
orders, licenses, and other forms of administrative actions issued,
taken, or continued in effect pursuant thereto, relating to the
administration of section 38(e).
Sec. 4. Executive Order No. 12923 of June 30, 1994, is revoked,
and that declaration of emergency is rescinded. The revocation of
Executive Order No. 12923 shall not affect any violation of any
rules, regulations, orders, licenses, and other forms of
administrative action under that order that occurred during the
period the order was in effect.
Sec. 5. This order shall be effective as of midnight between
August 20, 1994, and August 21, 1994, and shall remain in effect
until terminated. William J. Clinton.
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Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet: [email protected] [email protected]
URL: http://samsara.law.cwru.edu