TEXT

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 the International Emergency Economic Powers Act (50
U.S.C. 1701 et. seq.) ("the Act"), and in order to take
additional steps with respect to the national emergency described
and declared in Executive Order No. 12924 of August 19, 1994, and
continued on August 15, 1995, I, WILLIAM J. CLINTON, President of
the United States of America, find that it is necessary for the
procedures set forth below to apply to export license
applications submitted under the Act and the Export
Administration Regulations (15 C.F.R. Part 730 et. seq.) ("the
Regulations") or under any renewal of, or successor to, the
Export Administration Act of 1979, as amended (50 U.S.C. App.
2401 et. seq.) ("the Export Administration Act"), and the
Regulations.  Accordingly, it is hereby ordered as follows:

Section 1.  License Review.  To the extent permitted by law and
consistent with Executive Order No. 12924 of August 19, 1994, the
power, authority, and discretion conferred upon the Secretary of
Commerce ("the Secretary") under the Export Administration Act to
require, review, and make final determinations with regard to
export licenses, documentation, and other forms of information
submitted to the Department of Commerce pursuant to the Act and
the Regulations or under any renewal of, or successor to, the
Export Administration Act and the Regulations, with the power of
successive redelegation, shall continue.  The Departments of
State, Defense, and Energy, and the Arms Control and Disarmament
Agency each shall have the authority to review any export license
application submitted to the Department of Commerce pursuant to
the Act and the Regulations or under any renewal of, or successor
to, the Export Administration Act and the Regulations.  The
Secretary may refer license applications to other United States
Government departments or agencies for review as appropriate.  In
the event that a department or agency determines that certain
types of applications need not be referred to it, such department
or agency shall notify the Department of Commerce as to the
specific types of such applications that it does not wish to
review.  All departments or agencies shall promptly respond, on a
case-by-case basis, to requests from other departments or
agencies for historical information relating to past license
applications.

Sec. 2.  Determinations. (a) All license applications submitted
under the Act and the Regulations or any renewal of, or successor
to, the Export Administration Act and the Regulations, shall be
resolved or referred to the President no later than 90 calendar
days after registration of the completed license application.

     (b) The following actions related to processing a license
application submitted under the Act and the Regulations or any
renewal of, or successor to, the Export Administration Act and
the Regulations shall not be counted in calculating the time
periods prescribed in this order:

     (1) Agreement of the Applicant.  Delays upon which the
Secretary and the applicant mutually agree.

     (2) Prelicense Checks.  Prelicense checks through government
channels that may be required to establish the identity and
reliability of the recipient of items controlled under the Act
and the Regulations or any renewal of, or successor to, the
Export Administration Act and the Regulations, provided that:

     (A) the need for such prelicense check is established by the
Secretary, or by another department or agency, if the request for
prelicense check is made by such department or agency;

     (B) the Secretary requests the prelicense check within 5
days of the determination that it is necessary; and 

     (C) the Secretary completes the analysis of the result of
the prelicense check within 5 days.

     (3) Requests for Government-To-Government Assurances. 
Requests for government-to-government assurances of suitable end-
use of items approved for export under the Act and the
Regulations or any renewal of, or successor to, the Export
Administration Act and the Regulations, when failure to obtain
such assurances would result in rejection of the application,
provided that:

     (A) the request for such assurances is sent to the Secretary
of State within 5 days of the determination that the assurances
are required;

     (B) the Secretary of State initiates the request of the
relevant government within 10 days thereafter; and

     (C) the license is issued within 5 days of the Secretary's
receipt of the requested assurances.  Whenever such prelicense
checks and assurances are not requested within the time periods
set forth above, they must be accomplished within the time
periods established by this section.

     (4) Multilateral Reviews.  Multilateral review of a license
application as provided for under the Act and the Regulations or
any renewal of, or successor to, the Export Administration Act
and the Regulations, as long as multilateral review is required
by the relevant multilateral regime.

     (5) Consultations.  Consultation with other governments, if
such consultation is provided for by a relevant multilateral
regime or bilateral arrangement as a precondition for approving a
license.

Sec. 3. Initial Processing.  Within 9 days of registration of any
license application, the Secretary shall, as appropriate:

     (a) request additional information from the applicant.  The
time required for the applicant to supply the additional
information shall not be counted in calculating the time periods
prescribed in this section.

     (b) refer the application and pertinent information to
agencies or departments as stipulated in section 1 of this order,
and forward to the agencies any relevant information submitted by
the applicant that could not be reduced to electronic form.

     (c) assure that the stated classification on the application
is correct; return the application if a license is not required;
and, if referral to other departments or agencies is not
required, grant the application or notify the applicant of the
Secretary's intention to deny the application.

Sec. 4. Department or Agency Review. (a) Each reviewing
department or agency shall specify to the Secretary, within 10
days of receipt of a referral as specified in subsection 3(b),
any information not in the application that would be required to
make a determination, and the Secretary shall promptly request
such information from the applicant.  If, after receipt of the
information so specified or other new information, a reviewing
department or agency concludes that additional information would
be required to make a determination, it shall promptly specify
that additional information to the Secretary, and the Secretary
shall promptly request such information from the applicant.  The
time that may elapse between the date the information is
requested by the reviewing department or agency and the date the
information is received by the reviewing department or agency
shall not be counted in calculating the time periods prescribed
in this order.  Such information specified by reviewing
departments or agencies is in addition to any information that
may be requested by the Department of Commerce on its own
initiative during the first 9 days after registration of an
application.
     (b) Within 30 days of receipt of a referral and all required
information, a department or agency shall provide the Secretary
with a recommendation either to approve or deny the license
application.  As appropriate, such recommendation may be with the
benefit of consultation and discussions in interagency groups
established to provide expertise and coordinate interagency
consultation.  A recommendation that the Secretary deny a license
shall include a statement of the reasons for such recommendation
that are consistent with the provisions of the Act and the
Regulations or any renewal of, or successor to, the Export
Administration Act and the Regulations and shall cite both the
statutory and the regulatory bases for the recommendation to
deny.  A department or agency that fails to provide a
recommendation within 30 days with a statement of reasons and the
statutory and regulatory bases shall be deemed to have no
objection to the decision of the Secretary.

Sec. 5. Interagency Dispute Resolution. (a) Committees. (1)(A)
Export Administration Review Board.  The Export Administration
Review Board ("the Board"), which was established by Executive
Order No. 11533 of June 4, 1970, and continued in Executive Order
No. 12002 of July 7, 1977, is hereby continued.  The Board shall
have as its members, the Secretary, who shall be Chair of the
Board, the Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of the Arms Control and
Disarmament Agency.  The Chairman of the Joint Chiefs of Staff
and the Director of Central Intelligence shall be nonvoting
members of the Board.  No alternate Board members shall be
designated, but the acting head or deputy head of any member
department or agency may serve in lieu of the head of the
concerned department or agency.  The Board may invite the heads
of other United States Government departments or agencies, other
than the departments or agencies represented by the Board
members, to participate in the activities of the Board when
matters of interest to such departments or agencies are under
consideration.
     (B) The Secretary may, from time to time, refer to the Board
such particular export license matters, involving questions of
national security or other major policy issues, as the Secretary
shall select, the Secretary shall also refer to the Board any
other such export license matter, upon the request of any other
member of the Board or the head of any other United States
Government department or agency having any interest in such
matter.  The Board shall consider the matters so referred to it,
giving due consideration to the foreign policy of the United
States, the national security, the domestic economy, and concerns
about the proliferation of armaments, weapons of mass
destruction, missile delivery systems, and advanced conventional
weapons and shall make recommendations thereon to the Secretary.

     (2) Advisory Committee on Export Policy.  An Advisory
Committee on Export Policy ("ACEP") is established and shall have
as its members the Assistant Secretary of Commerce for Export
Administration, who shall be Chair of the ACEP, and Assistant
Secretary-level representatives of the Departments of State,
Defense, and Energy, and the Arms Control and Disarmament Agency.

Appropriate representatives of the Joint Chiefs of Staff and of
the Nonproliferation Center of the Central Intelligence Agency
shall be nonvoting members of the ACEP.  Representatives of the
departments or agencies shall be the appropriate Assistant
Secretary or equivalent (or appropriate acting Assistant
Secretary or equivalent in lieu of the Assistant Secretary or
equivalent) of the concerned department or agency, or appropriate
Deputy Assistant Secretary or equivalent (or the appropriate
acting Deputy Assistant Secretary or equivalent in lieu of the
Deputy Assistant Secretary or equivalent) of the concerned
department or agency.  Regardless of the department or agency
representative's rank, such representative shall speak and vote
at the ACEP on behalf of the appropriate Assistant Secretary or
equivalent of such department or agency.  The ACEP may invite
Assistant Secretary-level representatives of other United States
Government departments or agencies are under consideration. 

     (3)(A) Operating Committee.  An Operating Committee ("OC")
of ACEP is established.  The Secretary shall appoint its Chair,
who shall also serve as Executive Secretary of the ACEP.  Its
other members shall be representatives of appropriate agencies in
the Departments of Commerce, State, Defense and Energy, and the
Arms Control and Disarmament Agency.  The appropriate
representatives of the Joint Chiefs of Staff and the
Nonproliferation Center of the Central Intelligence Agency shall
be nonvoting members of the OC.  The OC may invite
representatives of other United State Government departments or
agencies, other than the departments and agencies represented by
the OC members to participate in the activities of the OC when
matters of interest to such departments or agencies are under
consideration.

     (B) The OC shall review all license applications on which
the reviewing departments and agencies are not in agreement.  The
Chair of the OC shall consider the recommendations of the
reviewing departments and agencies and inform them of his or her
decision on any such matters within 14 days after the deadline
for receiving department and agency recommendations.  As
described below, any reviewing department or agency may appeal
the decision of the Chair of the OC to the Chair of the ACEP.  In
the absence of a timely appeal, the Chair's decision will be
final.

     (b) Resolution Procedures. (1) If any department or agency
disagrees with a licensing determination of the Department of
Commerce made through the OC, it may appeal the matter to the
ACEP for resolution.  A department or agency must appeal a matter
within 5 days of such a decision.  Appeals must be in writing
from an official appointed by the President by and with the
advice and consent of the Senate, or an officer properly acting
in such capacity, and must cite both the statutory and the
regulatory bases for the appeal.  The ACEP shall review all
departments' and agencies' information and recommendations, and
the Chair of the ACEP shall inform the reviewing departments and
agencies of the majority vote decision of the ACEP within 11 days
from the date of receiving notice of the appeal.  Within 5 days
of the majority vote decision, any dissenting department or
agency may appeal the decision by submitting a letter from the
head of the department or agency to the Secretary in his or her
capacity as the Chair of the Board.  Such letter shall cite both
the statutory and the regulatory bases for the appeal.  Within
the same period of time, the Secretary may call a meeting on his
or her own initiative to consider a license application.  In the
absence of a timely appeal, the majority vote decision of the
ACEP shall be final.

     (2) The Board shall review all departments' and agencies'
information and recommendations, and such other export control
matters as may be appropriate.  The Secretary shall inform the
reviewing departments and agencies of the majority vote of the
Board within 11 days from the date of receiving notice of appeal.

Within 5 days of the decision, any department or agency
dissenting from the majority vote decision of the Board may
appeal the decision by submitting a letter from the head of the
dissenting department or agency to the President.  In the absence
of a timely appeal, the majority vote decision of the Board shall
be final.

Sec. 6. The license review process in this order shall take
effect beginning with those license applications registered by
the Secretary 60 days after the date of this order and shall
continue in effect to the extent not inconsistent with any
renewal of the Export Administration Act, or with any successor
to that Act.

Sec. 7.  Judicial Review.  This order is intended only to improve
the internal management of the executive branch and is not
intended to, and does not, create any rights to administrative or
judicial review, or any other right or benefit or trust
responsibility, substantive or procedural, enforceable by a party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.

                              /s/William J. Clinton


THE WHITE HOUSE,
December 5, 1995.