Executive Order No. 13637. Administration of Reformed Export Controls

• Executive Order No.: 13637
• Published date: 13 March 2013
• Citation: 78 FR 16129
• Date: 08 March 2013
• Section: Presidential Documents
• Issuer: Executive Office of the President

16129 
Federal Register 
Presidential Documents
Vol. 78, No. 49 
Wednesday, March 13, 2013 
Title 3— 
Executive Order 13637 of March 8, 2013 
The President 
Administration of Reformed Export Controls 
By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including the Arms Export Control 
Act, as amended (22 U.S.C. 2751 et seq.) (the ‘‘Act’’), and section 301 
of title 3, United States Code, it is hereby ordered as follows: 
Section 1.  Delegation of Functions. The following functions conferred upon 
the President by the Act, and related laws, are delegated as follows: 
(a) Those under section 3 of the Act (22 U.S.C. 2753), with the exception 
of subsections (a)(1), (b), (c)(3), (c)(4), and (f) (22 U.S.C. 2753(a)(1), (b), 
(c)(3), (c)(4), and (f)), to the Secretary of State. The Secretary of State, 
in the implementation of the delegated functions under sections 3(a) and 
(d) of the Act (22 U.S.C. 2753(a) and (d)), is authorized to find, in the 
case of a proposed transfer of a defense article or related training or other 
defense service by a foreign country or international organization not other-
wise eligible under section 3(a)(1) of the Act (22 U.S.C. 2753(a)(1)), whether 
the proposed transfer will strengthen the security of the United States and 
promote world peace. 
(b) Those under section 5 (22 U.S.C. 2755) to the Secretary of State. 
(c) Those under section 21 of the Act (22 U.S.C. 2761), with the exception 
of the last sentence of subsection (d) and all of subsection (i) (22 U.S.C. 
2761(d) and (i)), to the Secretary of Defense. 
(d) Those under sections 22(a), 29, 30, and 30A of the Act (22 U.S.C. 
2762(a), 2769, 2770, and 2770a) to the Secretary of Defense. 
(e) Those under section 23 of the Act (22 U.S.C. 2763), and under section 
7069 of the Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2012 (Public Law 112–74, Division I) and any subse-
quently enacted provision of law that is the same or substantially the same, 
to the Secretary of Defense to be exercised in consultation with the Secretary 
of State and, other than the last sentence of section 23(a) (22 U.S.C. 2763(a)), 
in consultation with the Secretary of the Treasury, except that the President 
shall determine any rate of interest to be charged that is less than the 
market rate of interest. 
(f) Those under sections 24 and 27 of the Act (22 U.S.C. 2764 and 2767) 
to the Secretary of Defense. The Secretary of Defense shall consult with 
the Secretary of State and the Secretary of the Treasury in implementing 
the delegated functions under section 24 (22 U.S.C. 2764) and with the 
Secretary of State in implementing the delegated functions under section 
27 (22 U.S.C. 2767). 
(g) Those under section 25 of the Act (22 U.S.C. 2765) to the Secretary 
of State. The Secretary of Defense shall assist the Secretary of State in 
the preparation of materials for presentation to the Congress under that 
section. 
(h) Those under section 34 of the Act (22 U.S.C. 2774) to the Secretary 
of State. To the extent the standards and criteria for credit and guaranty 
transactions are based upon national security or financial policies, the Sec-
retary of State shall obtain the prior concurrence of the Secretary of Defense 
and the Secretary of the Treasury, respectively. 
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16130 
Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Presidential Documents 
(i) Those under section 35(a) of the Act (22 U.S.C. 2775(a)) to the Secretary 
of State. 
(j) Those under sections 36(a) and 36(b)(1) of the Act (22 U.S.C. 2776(a) 
and (b)(1)), except with respect to the certification of an emergency as 
provided by subsection (b)(1) (22 U.S.C. 2776(b)(1)), to the Secretary of 
Defense. The Secretary of Defense, in the implementation of the delegated 
functions under sections 36(a) and (b)(1) (22 U.S.C. 2776(a) and (b)(1)), 
shall consult with the Secretary of State. With respect to those functions 
under sections 36(a)(5) and (6) (22 U.S.C. 2776(a)(5) and (6)), the Secretary 
of Defense shall consult with the Director of the Office of Management 
and Budget. 
(k) Those under section 36(b)(1) with respect to the certification of an 
emergency as provided by subsection (b)(1) and under sections 36(c) and 
(d) of the Act (22 U.S.C. 2776(b)(1), (c), and (d)) to the Secretary of State. 
(l) Those under section 36(f)(1) of the Act (22 U.S.C. 2776(f)(1)) to the 
Secretary of Defense. 
(m) Those under sections 36(f)(2) and (f)(3) of the Act (22 U.S.C. 2776(f)(2) 
and (f)(3)) to the Secretary of State. 
(n) Those under section 38 of the Act (22 U.S.C. 2778) to: 
(i) the Secretary of State, except as otherwise provided in this subsection. 
Designations, including changes in designations, by the Secretary of State 
of items or categories of items that shall be considered as defense articles 
and defense services subject to export control under section 38 (22 U.S.C. 
2778) shall have the concurrence of the Secretary of Defense. The authority 
to undertake activities to ensure compliance with established export condi-
tions may be redelegated to the Secretary of Defense, or to the head 
of another executive department or agency as appropriate, who shall exer-
cise such functions in consultation with the Secretary of State; 
(ii) the Attorney General, to the extent they relate to the control of the 
permanent import of defense articles and defense services. In carrying 
out such functions, the Attorney General shall be guided by the views 
of the Secretary of State on matters affecting world peace, and the external 
security and foreign policy of the United States. Designations, including 
changes in designations, by the Attorney General of items or categories 
of items that shall be considered as defense articles and defense services 
subject to permanent import control under section 38 of the Act (22 
U.S.C. 2778) shall be made with the concurrence of the Secretary of 
State and the Secretary of Defense and with notice to the Secretary of 
Commerce; and 
(iii) the Department of State for the registration and licensing of those 
persons who engage in the business of brokering activities with respect 
to defense articles or defense services controlled either for purposes of 
export by the Department of State or for purposes of permanent import 
by the Department of Justice. 
(o) Those under section 39(b) of the Act (22 U.S.C. 2779(b)) to the Secretary 
of State. In carrying out such functions, the Secretary of State shall consult 
with the Secretary of Defense as may be necessary to avoid interference 
in the application of Department of Defense regulations to sales made under 
section 22 of the Act (22 U.S.C. 2762). 
(p) Those under the portion of section 40A of the Act added by Public 
Law 104–164 (22 U.S.C. 2785), to the Secretary of State insofar as they 
relate to commercial exports licensed under the Act, and to the Secretary 
of Defense insofar as they relate to defense articles and defense services 
sold, leased, or transferred under the Foreign Military Sales Program. 
(q) Those under the portion of section 40A of the Act added by the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104– 
132) (22 U.S.C. 2781), to the Secretary of State. 
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Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Presidential Documents 
16131 
(r) Those under sections 42(c) and (f) of the Act (22 U.S.C. 2791(c) and 
(f)) to the Secretary of Defense. The Secretary of Defense shall obtain the 
concurrence of the Secretary of State and the Secretary of Commerce on 
any determination considered under the authority of section 42(c) of the 
Act (22 U.S.C. 2791(c)). 
(s) Those under section 52(b) of the Act (22 U.S.C. 2795a(b)) to the 
Secretary of Defense. 
(t) Those under sections 61 and 62(a) of the Act (22 U.S.C. 2796 and 
2796a(a)) to the Secretary of Defense. 
(u) Those under section 2(b)(6) of the Export-Import Bank Act of 1945, 
as amended (12 U.S.C. 635(b)(6)) to the Secretary of State. 
Sec. 2.  Coordination.  (a) In addition to the specific provisions of section 
1 of this order, the Secretary of State and the Secretary of Defense, in 
carrying out the functions delegated to them under this order, shall consult 
with each other and with the heads of other executive departments and 
agencies on matters pertaining to their responsibilities. 
(b) Under the direction of the President and in accordance with section 
2(b) of the Act (22 U.S.C. 2752(b)), the Secretary of State, taking into account 
other United States activities abroad, shall be responsible for the continuous 
supervision and general direction of sales and exports under the Act, includ-
ing the negotiation, conclusion, and termination of international agreements, 
and determining whether there shall be a sale to a country and the amount 
thereof, and whether there shall be delivery or other performance under 
such sale or export, to the end that sales and exports are integrated with 
other United States activities and the foreign policy of the United States 
is best served thereby. 
Sec. 3. Allocation of Funds. Funds appropriated to the President for carrying 
out the Act shall be deemed to be allocated to the Secretary of Defense 
without any further action of the President. 
Sec. 4.  Revocation.  Executive Order 11958 of January 18, 1977, as amended, 
is revoked; except that, to the extent consistent with this order, all determina-
tions, authorizations, regulations, rulings, certificates, orders, directives, con-
tracts, agreements, and other actions made, issued, taken, or entered into 
under the provisions of Executive Order 11958, as amended, and not revoked, 
superseded, or otherwise made inapplicable, shall continue in full force 
and effect until amended, modified, or terminated by appropriate authority. 
Sec. 5. Delegation of Functions under the International Emergency Economic 
Powers Act. Executive Order 13222 of August 17, 2001, is amended as 
follows: 
(a) Redesignate section 4 as section 6. 
(b) Insert the following new sections 4 and 5 after section 3: ‘‘Sec. 4. 
The Secretary of Commerce shall, to the extent required as a matter of 
statute or regulation, establish appropriate procedures for when Congress 
is to be notified of the export of firearms that are subject to the jurisdiction 
of the Department of Commerce under the Export Administration Regulations 
and that are controlled for purposes of permanent import by the Attorney 
General under section 38(a) of the Arms Export Control Act (22 U.S.C. 
2778(a)) and appropriate procedures for when Congress is to be notified 
of the export of Major Defense Equipment controlled for purposes of perma-
nent export under the jurisdiction of the Department of Commerce. 
Sec. 5. (a) The Secretary of State is hereby authorized to take such actions 
and to employ those powers granted to the President by the Act as may 
be necessary to license or otherwise approve the export, reexport, or transfer 
of items subject to the jurisdiction of the Department of Commerce as agreed 
to by the Secretary of State and the Secretary of Commerce. 
(b) Notwithstanding subsection (a) of this section, items licensed or other-
wise approved by the Secretary of State pursuant to this section remain 
subject to the jurisdiction of the Department of Commerce.’’ 
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Sec. 6.  General Provisions. (a) Nothing in this order shall be construed 
to impair or otherwise affect: 
(i) the authority granted by law to an agency, or the head thereof; or 
(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals. 
(b) This order shall be implemented consistent with applicable law and 
subject to the availability of appropriations. 
(c) This order is not intended to, and does not, create any right or benefit, 
substantive or procedural, enforceable at law or in equity by any party 
against the United States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person. 
THE WHITE HOUSE, 
Washington, March 8, 2013. 
[FR Doc. 2013–05967 
Filed 3–12–13; 11:15 am] 
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