[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Presidential Documents]
[Pages 54079-54080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 96-26837]
                        Presidential Documents
Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 /
Presidential Documents
[[Page 54079]]
                Executive Order 13020 of October 12, 1996
Amendment to Executive Order 12981
                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.)
                THE WHITE HOUSE,
                     October 12, 1996.
[FR Doc. 96-26837
Filed 10-16-96; 8:45 am]
Billing code 3195-01-P