Tag Archives: Arms Export Control Act

White House Press Office

Presidential Memorandum — Presidential Determination on Eligibility of the Federal Republic of Somalia to Receive Defense Articles and Defense Services under the Foreign Assistance Act of 1961, as Amended, and the Arms Export Control Act, as Amended

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By The White House

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT: Presidential Determination on Eligibility of the Federal Republic of Somalia to Receive Defense Articles and Defense Services under the Foreign Assistance Act of 1961, as Amended, and the Arms Export Control Act, as Amended

Pursuant to the authority vested in me by the Constitution and the laws of the United States, including section 503(a) of the Foreign Assistance Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control Act, as amended, I hereby find that the furnishing of defense articles and defense services to the Federal Republic of Somalia will strengthen the security of the United States and promote world peace.

You are authorized and directed to transmit this determination, and attached memorandum of justification, to the Congress and to arrange for the publication of this determination in the Federal Register.

BARACK OBAMA

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Source: White House Press Office

White House Press Office

Fact Sheet: Implementation of Export Control Reform

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By The White House

Today, the Administration announced two key steps to further the goals of President Obama’s Export Control Reform Initiative, which is a common sense approach to overhauling the nation’s export control system. President Obama signed an Executive Order today to update delegated presidential authorities over the administration of certain export and import controls under the Arms Export Control Act of 1976, and yesterday the Administration notified Congress of the first in a series of changes to the U.S. Munitions List.

Executive Order

Executive Order 11958 delegated authority to control exports of defense articles and services to the Secretary of State and delegated the comparable authority to control imports to the Secretary of the Treasury. The Department of State controls the export of defense articles and services on its U.S. Munitions List (USML); the Department of Justice controls their import pursuant to the U.S. Munitions Import List (USMIL) administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The USMIL was previously a subset of State’s USML. The most recent comprehensive delegation of these authorities was in Executive Order 11958 of January 18, 1977. The President’s new Executive Order updates delegated authorities consistent with the upcoming changes to our export control lists. It supersedes and replaces Executive Order 11958 and amends Executive Order 13222 of August 17, 2001, that pertains to the Department of Commerce-administered controls. The new Executive Order makes the following changes:

  1. Consolidation of All Brokering Responsibilities with the Department of State: The Arms Export Control Act requires the registration and licensing of brokering activities for defense articles and services for both exports and imports. A broker is a person who acts as an agent for others in negotiating or arranging contracts, purchases, sales or transfers of defense articles or services. The Executive Order consolidates and delegates to the Secretary of State all statutory responsibility for maintaining registration and licensing requirements for brokering of defense articles and services on either the State or ATF lists which both control defense articles and services under the Arms Export Control Act. This one-stop approach provides better clarity for the defense trade community and makes it easier for industry to comply and for the U.S. Government to enforce.

  2. Elimination of Possible “Double Licensing” Requirements: Today the Department of State licenses entire systems, including any accompanying spare parts, accessories, and attachments, yet many of these items will be moved to the Commerce list which may mean that an exporter would need two licenses instead of one. The President’s delegation, via an amendment to Executive Order 13222, will allow the Department of State to authorize those accompanying items that may have moved to the Commerce list and prevent any potential double-licensing requirement. This ensures that the prioritization of our controls, in which we facilitate secure trade with Allies and partners, does not add new red tape. Items licensed or otherwise approved by the Secretary of State under this delegation remain subject to the …read more
    Source: White House Press Office

White House Press Office

Executive Order — Export Control Reform

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By The White House

EXECUTIVE ORDER

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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 otherwise 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 subsequently 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 …read more
Source: White House Press Office

White House Press Office

Presidential Memorandum — Presidential Determination Regarding Drawdown Under Section 506 (a)(1) of the Foreign Assistance Act of 1961, as Amended, for Chad and France to Support Their Efforts in Mali

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By The White House

MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF DEFENSE

SUBJECT: Drawdown Under Section 506(a)(1) of the Foreign Assistance Act of 1961, as Amended, for Chad and France to Support Their Efforts in Mali

Pursuant to the authority vested in me by section 506(a)(1) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318(a)(1)(the “Act”), I hereby determine that an unforeseen emergency exists that requires immediate military assistance to Chad and France in their efforts to secure Mali from terrorists and violent extremists. I further determine that these requirements cannot be met under the authority of the Arms Export Control Act or any other provision of law.

I, therefore, direct the drawdown of up to $50 million in defense services of the Department of Defense for these purposes and under the authorities of section 506(a)(1) of the Act.

The Secretary of State is authorized and directed to report this determination to the Congress, arrange for its publication in the Federal Register, and coordinate the implementation of this drawdown.

BARACK OBAMA

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Source: White House Press Office