[Federal Register: October 17, 1996 (Volume 61, Number 202)]
[Presidential Documents]               
[Page 54079-54080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



                        Presidential Documents 




[[Page 54079]]


                Executive Order 13020 of October 12, 1996

 
                Amendment to Executive Order 12981 
                [http://jya.com/eo12981.txt]

                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.), 
                and in order to take additional steps with respect to 
                the national emergency described and declared in 
                Executive Order 12924 of August 19, 1994, and continued 
                on August 15, 1995, and August 14, 1996, in order to 
                amend Executive Order 12981 as that order applies to 
                the processing of applications for the export of any 
                commercial communication satellites and any hot-section 
                technologies for the development, production, and 
                overhaul of commercial aircraft engines that are 
                transferred from the United States Munitions List to 
                the Commerce Control List pursuant to regulations 
                issued by the Departments of Commerce and State after 
                the effective date of this order, it is hereby ordered 
                as follows:

                Section 1. Amendment of Executive Order 12981. (a) 
                Section 5(a)(3)(B) of Executive Order 12981 is amended 
                to read as follows:

                    (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. 
                However, for license applications concerning commercial 
                communication satellites and hot-section technologies 
                for the development, production, and overhaul of 
                commercial aircraft engines that are transferred from 
                the United States Munitions List to the Commerce 
                Control List pursuant to regulations issued by the 
                Departments of Commerce and State after the date of 
                this order, the Chair of the OC shall inform reviewing 
                departments and agencies of the majority vote decision 
                of the OC. As described below, any reviewing department 
                or agency may appeal the decision of the Chair of the 
                OC, or the majority vote decision of the OC in cases 
                concerning the commercial communication satellites and 
                hot-section technologies described above, to the Chair 
                of the ACEP. In the absence of a timely appeal, the 
                Chair's decision (or the majority vote decision in the 
                case of license applications concerning the commercial 
                communication satellites and hot-section technologies 
                described above) will be final.
                    (b) Section 5(b)(1) of Executive Order 12981 is 
                amended to read as follows:
                    (1) If any department or agency disagrees with a 
                licensing determination of the Department of Commerce 
                made through the Chair of the OC (or a majority vote 
                decision of the OC in the case of license applications 
                concerning the commercial communication satellites and 
                the hot-section technologies described in section 
                5(a)(3)(B)), 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

[[Page 54080]]

                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 5-day period, 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.

                Sec. 2. Judicial Review. This order is not intended to 
                create, nor does it 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.

                Sec. 3. Effective Date. This order shall be effective 
                immediately and shall remain in effect until 
                terminated.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                     October 12, 1996.

[FR Doc. 96-26837
Filed 10-16-96; 8:45 am]
Billing code 3195-01-P

