Presidential DocumentExecutive Order 136592014-04254
Streamlining the Export/Import Process for America's Businesses
Primary source
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Published
February 25, 2014
Signed
February 19, 2014
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 79 Issue 37 (Tuesday, February 25, 2014)</title>
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[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Presidential Documents]
[Pages 10657-10660]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-04254]
[[Page 10655]]
Vol. 79
Tuesday,
No. 37
February 25, 2014
Part III
The President
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Executive Order 13659--Streamlining the Export/Import Process for
America's Businesses
Presidential Documents
Federal Register / Vol. 79 , No. 37 / Tuesday, February 25, 2014 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 10657]]
Executive Order 13659 of February 19, 2014
Streamlining the Export/Import Process for
America's Businesses
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to reduce supply chain barriers
to commerce while continuing to protect our national
security, public health and safety, the environment,
and natural resources, it is hereby ordered as follows:
Section 1. Policy. The United States is the world's
largest economy and the largest trading Nation. Trade
is critical to the Nation's prosperity--fueling
economic growth, supporting good jobs at home, raising
living standards, and helping Americans provide for
their families with affordable goods and services. It
is the policy of the United States to promote commerce
through the effective implementation of an ambitious
21st century trade agenda and vigorous enforcement of
our Nation's laws relating to trade, security, public
health and safety, the environment, and natural
resources. In support of these goals, and to ensure
that our Nation is well-positioned to compete in an
open, fair, and growing world economy, the Federal
Government must increase efforts to improve the
technologies, policies, and other controls governing
the movement of goods across our national borders.
In particular, we must increase efforts to complete the
development of efficient and cost-effective trade
processing infrastructure, such as the International
Trade Data System (ITDS), to modernize and simplify the
way that executive departments and agencies (agencies)
interact with traders. We must also improve the broader
trade environment through the development of innovative
policies and operational processes that promote
effective application of regulatory controls,
collaborative arrangements with stakeholders, and a
reduction of unnecessary procedural requirements that
add costs to both agencies and industry and undermine
our Nation's economic competitiveness. By demonstrating
our commitment to utilizing technology, coordinating
government processes, fulfilling international
obligations, and embracing innovative approaches to
promote new opportunities for trade facilitation in the
21st century, we can lead by example and partner with
other countries willing to adopt similar programs. This
will encourage compliance with applicable laws and,
more broadly, result in a more prosperous, safe,
secure, and sustainable trading environment for all.
Sec. 2. Policy Coordination. Policy coordination,
guidance, dispute resolution, and periodic reviews for
the functions and programs set forth in this order
shall be provided through the interagency process
established in Presidential Policy Directive-1 of
February 13, 2009 (Organization of the National
Security Council System), or any successor.
Sec. 3. International Trade Data System. The ITDS, as
described in section 405 of the Security and
Accountability for Every Port Act of 2006 (the ``SAFE
Port Act'') (Public Law 109-347), is an electronic
information exchange capability, or ``single window,''
through which businesses will transmit data required by
participating agencies for the importation or
exportation of cargo. To enhance Federal coordination
associated with the development of the ITDS and to
provide necessary transparency to businesses, agencies,
and other potential users:
[[Page 10658]]
(a) by December 31, 2016, participating agencies
shall have capabilities, agreements, and other
requirements in place to utilize the ITDS and
supporting systems, such as the Automated Commercial
Environment, as the primary means of receiving from
users the standard set of data and other relevant
documentation (exclusive of applications for permits,
licenses, or certifications) required for the release
of imported cargo and clearance of cargo for export;
(b) by December 31, 2016, the Department of
Homeland Security shall confirm to the Secretary of the
Treasury and the ITDS Board of Directors (Board), which
serves as the Interagency Steering Committee
established under section 405 of the SAFE Port Act,
that the ITDS has the operational capabilities to
enable users to:
(i) transmit a harmonized set of import and export data elements, to be
collected, stored, and shared, via a secure single window, to fulfill U.S.
Government requirements for the release and clearance of goods; and
(ii) transition from paper-based requirements and procedures to faster and
more cost-effective electronic submissions to, and communications with,
agencies;
(c) the Board shall, in consultation with ITDS
participating agencies, define the standard set of data
elements to be collected, stored, and shared in the
ITDS; and continue to periodically review those data
elements in order to update the standard set of data
elements, as necessary;
(d) the Board shall continue to assist the
Secretary of the Treasury in overseeing the
implementation of, and participation in, the ITDS,
including the establishment of the ITDS capabilities
and requirements associated with the collection from
users and distribution to relevant agencies of standard
electronic import and export data; and
(e) the Board shall make publicly available a
timeline outlining the development and delivery of the
secure ITDS capabilities, as well as agency
implementation plans and schedules. Agencies shall take
such steps as are necessary to meet the timeline,
including timely completion of all appropriate
agreements, including memoranda of understanding, and
other required documents that establish procedures and
guidelines for the secure exchange and safeguarding of
data among agencies and, as appropriate, with other
Federal Government entities.
Sec. 4. Establishment of the Border Interagency
Executive Council. (a) There is established the Border
Interagency Executive Council (BIEC), an interagency
working group to be chaired by the Secretary of
Homeland Security or a senior-level designee from the
Department. The BIEC shall also have a Vice Chair,
selected every 2 years from among the members of the
BIEC by a process determined by the members. The BIEC
shall develop policies and processes to enhance
coordination across customs, transport security, health
and safety, sanitary, conservation, trade, and
phytosanitary agencies with border management
authorities and responsibilities to measurably improve
supply chain processes and improve identification of
illicit shipments.
(b) The Department of Homeland Security shall
provide funding and administrative support for the
BIEC, to the extent permitted by law.
(c) In addition to the Chair and Vice Chair, the
BIEC shall include designated senior-level
representatives from agencies that provide approval
before goods can be imported and exported, including
the Departments of State, the Treasury, Defense, the
Interior, Agriculture, Commerce, Health and Human
Services, Transportation, and Homeland Security, the
Environmental Protection Agency, and other agencies
with border management interests or authorities, as
determined by the Chair and Vice Chair. The BIEC shall
also include appropriate representatives from the
Executive Office of the President.
Sec. 5. Functions of the BIEC. The BIEC shall:
[[Page 10659]]
(a) develop common risk management principles and
methods to inform agency operations associated with the
review and release of cargo at the border and encourage
compliance with applicable law;
(b) develop policies and processes to orchestrate,
improve, and accelerate agency review of electronic
trade data transmitted through relevant systems and
provide coordinated and streamlined responses back to
users to facilitate trade and support and advance
compliance with applicable laws and international
agreements, including (in coordination with, and as
recommendations to, the Board) policies and processes
designed to assist the Secretary of the Treasury, as
appropriate, with activities related to the ITDS;
(c) identify opportunities to streamline Federal
Government systems and reduce costs through the
elimination of redundant capabilities or through
enhanced utilization of the Automated Commercial
Environment capabilities as a means of improving supply
chain management processes;
(d) assess, in collaboration with the Board, the
business need, feasibility, and potential benefits of
developing or encouraging the private-sector
development of web-based interfaces to electronic data
systems, including the ITDS, for individuals and small
businesses;
(e) engage with and consider the advice of industry
and other relevant stakeholders regarding opportunities
to improve supply chain management processes, with the
goal of promoting economic competitiveness through
enhanced trade facilitation and enforcement;
(f) encourage other countries to develop similar
single window systems to facilitate the sharing of
relevant data, as appropriate, across governmental
systems and with trading partners; and
(g) assess, in consultation with the Department of
the Treasury, opportunities to facilitate electronic
payment of duties, taxes, fees, and charges due at
importation. The Federal Government endorses electronic
payment of duties, taxes, fees, and charges due at
importation, and currently allows payment
electronically through various systems.
Sec. 6. Regulatory Review. To support the Federal
Government's rapid development of the ITDS that, to the
greatest extent possible, relies upon the collection,
exchange, and processing of electronic data, each
agency that utilizes the ITDS shall:
(a) as part of the retrospective review report due
to the Office of Information and Regulatory Affairs
(OIRA) on July 14, 2014, pursuant to Executive Order
13610 of May 10, 2012 (Identifying and Reducing
Regulatory Burdens), unless directed otherwise through
subsequent guidance from OIRA, determine whether any
regulations should be modified to achieve the
requirements set forth in this order; and
(b) promptly initiate rulemaking proceedings to
implement necessary regulatory modifications identified
pursuant to subsection (a) of this section.
Sec. 7. Reports. (a) Within 180 days of the date of
this order, agencies with border management interests
or authorities shall report to the Board on their
anticipated use of international standards for product
classification and identification.
(b) By July 1, 2014, and every year thereafter
until July 2016, the BIEC, in consultation with the
Board, shall provide to the President, through the
Assistant to the President for Homeland Security and
Counterterrorism, a report on the implementation of
section 5 of this order.
Sec. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, 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.
[[Page 10660]]
(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.
(d) Independent agencies are strongly encouraged to
comply with the requirements of this order.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
February 19, 2014.
[FR Doc. 2014-04254
Filed 2-24-14; 11:15 am]
Billing code 3295-F4
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</html>Indexed from Federal Register on February 25, 2014.
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