EXECUTIVE
ORDER
EO 13346
Effective Date: July 13, 2004

Responsible Office: Office of the Administrator
Subject: Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions

Delegation of Certain Waiver, Determination, 
                Certification, Recommendation, and Reporting Functions

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 301 of title 3, United 
                States Code, it is hereby ordered as follows:

                Section 1. The functions of the President in making 
                certain waivers, determinations, certifications, 
                recommendations, and reports to the Congress are 
                assigned as follows:

                    (a) The Secretary of State is authorized to make 
                waivers, determinations, certifications, and 
                recommendations, and to undertake related reporting, as 
                described in:

   (i) Section 402(d)(1) of the Trade Act of 1974, as amended (19 U.S.C. 
2432(d)(1)), with respect to the extension of Jackson-Vanik waivers;

   (ii) Section 609 of Division A of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (Public Law 105-277) as continued in 
effect by section 612 of Division B of the Consolidated Appropriations Act, 
2004 (Public Law 108-199) with respect to cooperation related to persons 
missing in action and prisoners of war; and

   (iii) Section 102(a)(2) of the Arms Export Control Act, as amended (22 
U.S.C. 2799aa-1(a)), with respect to any Presidential determination under 
section 102(a)(1) that is also the subject of a determination and 
certification by the President pursuant to section 102(a)(2).

                    (b) The United States Trade Representative shall 
                submit the report relating to sub-Saharan Africa under 
                section 106 of the African Growth and Opportunity Act 
                (Public Law 106-200, title 1).

                Sec. 2. The functions of the President in making 
                certifications to the Congress consistent with the 
                resolution of advice and consent to ratification of the 
                Chemical Weapons Convention adopted by the Senate on 
                April 24, 1997 (Resolution) are assigned as follows:

                    (a) The Secretary of State is authorized to make a 
                certification consistent with section 2(7)(C)(i) of the 
                Resolution with respect to the effectiveness and 
                viability of the Australia Group.
                    (b) The Secretary of Commerce is authorized to make 
                a certification consistent with section 2(9) of the 
                Resolution with respect to the interests of certain 
                firms in the United States.

                Sec. 3. Executive Order 12163 of September 29, 1979, as 
                amended, is further amended, in section 1-100(a), by 
                striking the period at the end of paragraph (12) and 
                inserting a semicolon, and by inserting the following 
                new paragraphs:

                     ``(13) title II of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                2002 (Public Law 107-115), under the heading 
                ``Assistance for the Independent States of the Former 
                Soviet Union,'' in subsections (g)(4) and (6);'';
                     ``(14) section 512 of Division D of the 
                Consolidated Appropriations Act, 2004 (Public Law 108-
                199);'';
                     ``(15) sections 5(c) and 6 of the Anglo-Irish 
                Agreement Support Act of 1986 (Public Law 99-415), as 
                amended.''.

[[Page 41906]]

                Sec. 4. Executive Order 13277 of November 19, 2002, is 
                amended in section 1(b)(3) by adding after the phrase 
                ``Section 2105(a)(1)'' the terms ``(A) and (C)''.

                Sec. 5. References in this order to provisions of any 
                Act shall be deemed to include references to any 
                provision of law that is the same or substantially the 
                same as such provisions.

                Sec. 6. In carrying out sections 1 and 2 of this order, 
                officers of the United States 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; (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 and 
                expedient; and (d) supervise the unitary executive 
                branch.

                Sec. 7. 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.

                Sec. 8. This order is intended only to improve the 
                internal management of the executive branch and 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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