EXECUTIVE
ORDER
EO 13345
Effective Date: July 13, 2004

Responsible Office: Office of Policy Coordination and International Relations
Subject: Assigning Foreign Affairs Functions & Implementing the Enterprise for the Americas Initiative & the Tropical Forest Consersvation Act

Assigning Foreign Affairs Functions and 
                Implementing the Enterprise for the Americas Initiative 
                and the Tropical Forest Conservation Act

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Agricultural Trade Development 
                and Assistance Act of 1954 (ATDA Act), as amended, the 
                Foreign Assistance Act of 1961 (Foreign Assistance 
                Act), as amended, and section 301 of title 3, United 
                States Code, it is hereby ordered as follows:

                Section 1. Functions to be Performed by the Secretary 
                of the Treasury. (a) The Secretary of the Treasury is 
                hereby designated to perform the functions of the 
                President under the following provisions of law:

(1) sections 603(b), 604(a), and 611 of the ATDA Act (7 U.S.C. 1738b(b), 
1738c(a), and 1738j); and

(2) sections 703, 704(a), 805(b), 806(a), 807(a), 808(a), and 812 of the 
Foreign Assistance Act (22 U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a), 
2431e(a), 2431f(a), and 2431j).

(b) The Secretary of the Treasury shall:

(1)(A) make determinations under the provisions of sections 703(b) and 
805(b) of the Foreign Assistance Act in accordance with any recommendations 
received from the Secretary of State with respect to subsections 703(a)(1)-
703(a)(4) and the corresponding recommendations under section 805(a)(1) of 
that Act; and

(B) make determinations under the provisions of section 805(b) of the 
Foreign Assistance Act in accordance with any recommendations from the 
Administrator of the United States Agency for International Development 
(USAID) with respect to section 803(5)(B) of that Act;

(2) exercise the functions under the provisions listed in section 1(a)(1) 
of this order in consultation with the Secretary of State and with the 
National Advisory Council on International Monetary and Financial Policies 
(Council) established by Executive Order 11269 of February 14, 1966;

(3) consult, as appropriate, with the Secretary of State, the Administrator 
of USAID, the Council, the Secretary of Agriculture, the Director of the 
Office of Management and Budget, the Administrator of the Environmental 
Protection Agency, the Chairman of the Council on Environmental Quality, 
the Director of the Office of National Drug Control Policy, and the 
Chairman of the Council of Economic Advisers in the performance of all 
other functions under the provisions listed in section 1(a) of this order.

                Sec. 2. Functions to be Performed by the Secretary of 
                State. (a) The Secretary of State is hereby designated 
                to perform the functions of the President under 
                sections 607 and 614 of the ATDA Act (7 U.S.C. 1738f 
                and 1738m) and section 813(a) of the Foreign Assistance 
                Act (22 U.S.C. 2431k).

                    (b) The Secretary of State shall consult, as 
                appropriate, with the Secretary of the Treasury and the 
                Administrator of USAID, in the performance of functions 
                under the provisions listed in subsection 2(a) of this 
                order.
                    (c) The Secretary of State shall consult, as 
                appropriate, in the performance of functions under 
                section 607 of the ATDA Act, with the Secretary of 
                Agriculture, the Secretary of Commerce, the 
                Administrator of the Environmental Protection Agency, 
                the Chairman of the Council on Environmental

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                Quality, and the heads of such other executive 
                departments and agencies as the Secretary of State 
                determines appropriate.
                    (d) The Secretary of State is hereby designated to 
                receive advice or supplemental views on the President's 
                behalf consistent with the following provisions of law:

(1) section 610(c)(1) of the ATDA Act (7 U.S.C. 1738i(c)(1)); and

(2) section 813(b) of the Foreign Assistance Act (22 U.S.C. 2431k).

                Sec. 3. Recommendation by USAID. The Administrator of 
                USAID shall make recommendations with respect to 
                803(5)(B) of the Foreign Assistance Act (22 U.S.C. 
                2431a(5)(B), in cooperation with the Secretary of 
                Agriculture and the Secretary of State.

                Sec. 4. Government Appointees to the Enterprise for the 
                Americas Board. (a) Pursuant to section 610(b)(1)(A) of 
                the ATDA Act (7 U.S.C. 1738i(b)(1)(A) and section 
                811(b)(1)(A) and (b)(2) of the Foreign Assistance Act 
                (22 U.S.C. 2431i(b)(1)(A) and (b)(2)), the following 
                officers or employees of the United States are hereby 
                designated to serve as representatives on the 
                Enterprise for the Americas Board:

(i) the designee of the Secretary of State, who shall be the chairperson of 
the Board;

(ii) the designee of the Secretary of the Treasury;

(iii) two designees of the Secretary of Agriculture, one of whom shall be 
an officer or employee of the United States Forest Service International 
Programs Office with experience in international forestry matters, and the 
other shall be an officer or employee of the Foreign Agricultural Service;

(iv) the designee of the Secretary of the Interior;

(v) the designee of the Administrator of the Environmental Protection 
Agency;

(vi) the designee of the Administrator of USAID, who shall be the vice 
chairperson of the Board; and

(vii) the designee of the Chairman of the Council on Environmental Quality.

                    (b) The Board shall permit the following officers 
                or employees of the United States to attend and observe 
                a Board meeting:

(i) a designee of the Secretary of Commerce; and

(ii) a designee of the head of any executive department or agency, if the 
meeting will relate to matters relevant to the activities of such executive 
department or agency.

                    (c) An officer of the United States listed in 
                subsections 4(a) and 4(b) shall make a designation for 
                purposes of those subsections in writing submitted to 
                the Secretary of State and shall change any such 
                designation in the same manner. The authority to make 
                such a designation may not be delegated.
                    (d) The Secretary of State may, after consultation 
                with the officers of the United States listed in 
                subsection 4(b) and the Attorney General, as 
                appropriate, establish such procedures as may be 
                necessary to provide for the governance and 
                administration of the Board.

                Sec. 5. Guidance for the Performance of Functions. In 
                performing functions under this order, officers of the 
                United States:

                    (a) shall ensure that all actions taken by them are 
                consistent with the President's constitutional 
                authority to (i) conduct the foreign affairs of the 
                United States, including the commencement, conduct, and 
                termination of negotiations with foreign countries and 
                international organizations, (ii) 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, (iii) recommend for 
                congressional consideration such measures as the 
                President may judge necessary or expedient, and (iv) 
                supervise the unitary executive branch;

[[Page 41903]]

                    (b) may further assign functions assigned by this 
                order to officers of any department or agency within 
                the executive branch to the extent permitted by law 
                except as provided in subsection 4(c) of this order and 
                such further assignment shall be published in the 
                Federal Register; and
                    (c) shall consult the Attorney General as 
                appropriate in implementing this section.

                Sec. 6. Revocation of Executive Orders. The following 
                Executive Orders are hereby revoked:

                    (a) Executive Order 12757 of March 19, 1991;
                    (b) Executive Order 12823 of December 3, 1992;
                    (c) Executive Order 13028 of December 3, 1996; and
                    (d) Executive Order 13131 of July 22, 1999.

                Sec. 7. Judicial Review. This order is not intended to, 
                and does not, create any right or benefit, substantive 
                or procedural, enforceable at law or in equity by a 
                party against the United States, its departments, 
                agencies, entities, officers, employees or agents, or 
                any other person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     July 8, 2004.
		

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