1996-11-16 - Executive Order establishing national emergency

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From: “Peter D. Junger” <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
To: Cypherpunks <CYBERIA-L@LISTSERV.AOL.COM
Message Hash: edd0cfc08042b8a5f127d73759e12ac8a6f62da91b26a690b0c500453d6b2eb2
Message ID: <199611161547.KAA00567@pdj2-ra.F-REMOTE.CWRU.Edu>
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UTC Datetime: 1996-11-16 15:49:17 UTC
Raw Date: Sat, 16 Nov 1996 07:49:17 -0800 (PST)

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From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Sat, 16 Nov 1996 07:49:17 -0800 (PST)
To: Cypherpunks <CYBERIA-L@LISTSERV.AOL.COM
Subject: Executive Order establishing national emergency
Message-ID: <199611161547.KAA00567@pdj2-ra.F-REMOTE.CWRU.Edu>
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Since apparently people are having some difficult in finding
Executive Order No. 12924, which continued the authority for the
Export Control Regulations that are administered by the Commerce
Department, I am posting a copy here.  This is taken from the entry
for 50 USC 1701 in the House of Representatives internet law library.

----------------------begin quoted text-----------------------------


       EX. ORD. NO. 12924. CONTINUATION OF EXPORT CONTROL REGULATIONS

      Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, provided:

      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 section 203 of the International Emergency Economic

    Powers Act (''Act'') (50 U.S.C. 1702), I, WILLIAM J. CLINTON,

    President of the United States of America, find that the

    unrestricted access of foreign parties to U.S. goods, technology,

    and technical data and the existence of certain boycott practices

    of foreign nations, in light of the expiration of the Export

    Administration Act of 1979, as amended (50 U.S.C. App. 2401 et

    seq.), constitute an unusual and extraordinary threat to the

    national security, foreign policy, and economy of the United States

    and hereby declare a national emergency with respect to that

    threat.

      Accordingly, in order (a) to exercise the necessary vigilance

    over exports and activities affecting the national security of the

    United States; (b) to further significantly the foreign policy of

    the United States, including its policy with respect to cooperation

    by U.S. persons with certain foreign boycott activities, and to

    fulfill its international responsibilities; and (c) to protect the

    domestic economy from the excessive drain of scarce materials and

    reduce the serious economic impact of foreign demand, it is hereby

    ordered as follows:

      Section 1. To the extent permitted by law, the provisions of the

    Export Administration Act of 1979, as amended, and the provisions

    for administration of the Export Administration Act of 1979, as

    amended, shall be carried out under this order so as to continue in

    full force and effect and amend, as necessary, the export control

    system heretofore maintained by the Export Administration

    regulations issued under the Export Administration Act of 1979, as

    amended.  The delegations of authority set forth in Executive Order

    No. 12002 of July 7, 1977 (50 App. U.S.C. 2403 note), as amended by

    Executive Order No. 12755 of March 12, 1991; Executive Order No.

    12214 of May 2, 1980 (50 App. U.S.C. 2403 note); Executive Order

    No. 12735 of November 16, 1990 (50 U.S.C. 1701 note); and Executive

    Order No. 12851 of June 11, 1993 (22 U.S.C. 2797 note), shall be

    incorporated in this order and shall apply to the exercise of

    authorities under this order.

      Sec. 2. All rules and regulations issued or continued in effect

    by the Secretary of Commerce under the authority of the Export

    Administration Act of 1979, as amended (50 App. U.S.C. 2401 et

    seq.), including those published in Title 15, Subtitle B, Chapter

    VII, Subchapter C, of the Code of Federal Regulations, Parts 768

    through 799, and all orders, regulations, licenses, and other forms

    of administrative action issued, taken, or continued in effect

    pursuant thereto, shall, until amended or revoked by the Secretary

    of Commerce, remain in full force and effect as if issued or taken

    pursuant to this order, except that the provisions of sections

    203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall

    control over any inconsistent provisions in the regulations.

    Nothing in this section shall affect the continued applicability of

    administrative sanctions provided for by the regulations described

    above.

      Sec. 3. Provisions for administration of section 38(e) of the

    Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall

    continue in full force and effect until amended or revoked under

    the authority of section 203 of the Act (50 U.S.C. 1702). To the

    extent permitted by law, this order also shall constitute authority

    for the issuance and continuation in full force and effect of all

    rules and regulations by the President or his delegate, and all

    orders, licenses, and other forms of administrative actions issued,

    taken, or continued in effect pursuant thereto, relating to the

    administration of section 38(e).

      Sec. 4. Executive Order No. 12923 of June 30, 1994, is revoked,

    and that declaration of emergency is rescinded.  The revocation of

    Executive Order No. 12923 shall not affect any violation of any

    rules, regulations, orders, licenses, and other forms of

    administrative action under that order that occurred during the

    period the order was in effect.

      Sec. 5. This order shall be effective as of midnight between

    August 20, 1994, and August 21, 1994, and shall remain in effect

    until terminated.                                William J. Clinton.


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--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger@pdj2-ra.f-remote.cwru.edu    junger@samsara.law.cwru.edu
		     URL:  http://samsara.law.cwru.edu





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