EXECUTIVE
ORDER
EO 13277
Effective Date: November 21, 2002

Responsible Office: Office of Policy Coordination and International Relations
Subject: Delegation of Certain Authorities and Assignment of Functions Under the Trade Act of 2002


                Executive Order 13277 of November 19, 2002

 
                Delegation of Certain Authorities and Assignment 
                of Certain Functions Under the Trade Act of 2002

                By the authority vested in me as President by the 
                Constitution and the laws of the United States, 
                including the Trade Act of 2002 (the ``Act'') (Public 
                Law 107-210) and section 301 of title 3, United States 
                Code, it is hereby ordered as follows:

                Section 1. Trade Promotion. (a) Except as provided in 
                subsections (b) and (c) of this section, the 
                authorities granted to and functions specifically 
                assigned to the President under Division B of the Act 
                are delegated and assigned, respectively, to the United 
                States Trade Representative (U.S. Trade 
                Representative).

                    (b) The exercise of the following authorities of, 
                and functions specifically assigned to the President, 
                under Division B of the Act are reserved to the 
                President:
                    (1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of 
                the Act;
                    (2) Section 2103(a)(1), (a)(4), (a)(6), b(1), 
                (c)(1)(B)(i), and (c)(2) of the Act;
                    (3) Section 2105(a)(1) of the Act; and
                    (4) Section 2108(b) of the Act.
                    (c) (i) The Secretary of State, in consultation 
                with the Secretary of Labor and the U.S. Trade 
                Representative, shall carry out the functions of 
                section 2102(c)(2) of the Act with respect to 
                establishing consultative mechanisms. The U.S. Trade 
                Representative, in consultation with the Secretary of 
                State and the Secretary of Labor, shall carry out the 
                reporting function under section 2102(c)(2).

   (ii) The Secretary of State, in consultation with the U.S. Trade 
Representative, shall carry out the functions under section 2102(c)(3) of 
the Act with respect to establishing consultative mechanisms, with the 
advice and assistance of the Secretary of the Interior, the Secretary of 
Health and Human Services, the Administrator of the Environmental 
Protection Agency, the Secretary of Commerce and, as the Secretary of State 
determines appropriate, the heads of such other departments and agencies. 
The U.S. Trade Representative, in consultation with the Secretary of State, 
shall carry out the reporting function under section 2103(c)(3).

   (iii) The U.S. Trade Representative shall carry out the functions under 
section 2102(c)(5) of the Act. The U.S. Trade Representative shall, in 
consultation with the Secretary of Labor, carry out the reporting function 
and the function of making a report available under section 2102(c)(5).

   (iv) The Secretary of Labor shall carry out section 2102(c)(7) of the 
Act, in consultation with the Secretary of State.

   (v) The Secretary of Labor, in consultation with the Secretary of State 
and the U.S. Trade Representative, shall carry out the functions under 
section 2102(c)(8) and (c)(9).

   (vi) The Secretary of the Treasury shall carry out section 2102(c)(12) 
of the Act, including any appropriate consultations with the Congress 
relating thereto.

                Sec. 2. Andean Trade. (a) Except as provided in 
                subsection (b) of this section, the authorities granted 
                and the functions specifically assigned to

[[Page 70306]]

                the President under Division C of the Act are delegated 
                and assigned respectively, to the U.S. Trade 
                Representative, in consultation with the Secretaries of 
                State, Commerce, the Treasury, and Labor.

                    (b) The exercise of the following authorities of, 
                and functions specifically assigned to, the President 
                under Division C of the Act are reserved to the 
                President:

   (i) The authority to proclaim under sections 204(b)(1) and 
204(b)(3)(B)(ii), and the authority to designate beneficiary countries 
under section 204(b)(6)(B), of the Andean Trade Preference Act as amended 
by section 3103(a)(2) of the Act; and

   (ii) The authority to make determinations under section 203(e)(1)(B) of 
the Andean Trade Preference Act as amended by section 3103(b) of the Act.

                    (c) The head of the executive department of which 
                the United States Customs Service is a part shall take 
                such actions to carry out determinations and actions 
                pursuant to the Andean Trade Preference Act, as 
                amended, as directed pursuant to the authority 
                delegated to the U.S. Trade Representative under this 
                order.

                Sec. 3. Guidance for Exercising Authority and 
                Performing Duties. (a) Nothing in this order shall be 
                construed to impair or otherwise affect the functions 
                of the Director of the Office of Management and Budget 
                relating to budget, administrative, or legislative 
                proposals.

                    (b) In exercising authority delegated by, or 
                performing functions assigned in, this order, and in 
                performing duties related to the trade agreements 
                program as defined in Executive Order 11846, officers 
                of the United States:

   (i) Shall ensure that all actions taken by them are consistent with the 
President's constitutional authority to (A) conduct the foreign affairs of 
the United States, including the commencement, conduct, and termination of 
negotiations with foreign countries and international organizations, (B) 
withhold information the disclosure of which could impair the foreign 
relations, the national security, the deliberative processes of the 
Executive, or the performance of the Executive's constitutional duties, (C) 
recommend for congressional consideration such measures as the President 
may judge necessary or expedient, and (D) supervise the unitary executive 
branch;

   (ii) May redelegate authority delegated by this order and may further 
assign functions assigned by this order to officers of any other department 
or agency within the executive branch to the extent permitted by law and 
such redelegation or further assignment shall be published in the Federal 
Register; and

   (iii) Shall consult the Attorney General as appropriate in implementing 
this subsection.

                Sec. 4. Amendment to Executive Order 11846. Section 1 
                of Executive Order 11846 of March 27, 1975, as amended, 
                is further amended by inserting ``, Divisions B and C 
                of the Trade Act of 2002,'' after ``Trade Expansion Act 
                of 1962, as amended''.

[[Page 70307]]

                Sec. 5. Judicial Review. This order is intended only to 
                improve the internal management of the Federal 
                Government and is not intended to, and does not, create 
                any right or benefit, substantive or procedural, 
                enforceable at law or equity by a party against the 
                United States, its departments, agencies, 
                instrumentalities or entities, its officers or 
                employees, or any other person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

 
	
	
		

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