DOO 10-16

Effective Date: April 3, 2000

UNDER SECRETARY FOR EXPORT ADMINISTRATION

SECTION 1. PURPOSE.

.01 This Order prescribes the scope of authority and the functions of the Under Secretary for Export Administration. The principal organizational structure and assignment of functions are prescribed in Department Organization Order 50-1, the Bureau of Export Administration (BXA).

.02 This revision deletes the position of the Director of the Office of Nuclear and Missile Technology Controls; changes the title of the Director of the Office of Chemical and Biological Controls and Treaty Compliance to the Director of the Office of Non-proliferation Controls and Treaty Compliance; adds the position of the Director of the Critical Infrastructure Assurance Office; and generally updates the Order incorporating the outstanding amendment.

SECTION 2. ADMINISTRATIVE DESIGNATION.

.01 The Under Secretary for Export Administration (the Under Secretary), established by Section 15 of the Export Administration Act of 1979, as amended (50 U.S.C. app. §§ 2401-2420), shall be the head of BXA. The Under Secretary is appointed by the President by and with the advice and consent of the Senate.

.02 The positions of Assistant Secretary, established by Section 15 of the Export Administration Act of 1979, as amended (50 U.S.C. app. §§ 2401-2420), are designated the Assistant Secretary for Export Administration and the Assistant Secretary for Export Enforcement.

SECTION 3. STRUCTURE AND SCOPE OF AUTHORITY.

.01 The Under Secretary shall be assisted in carrying out his/her responsibilities by:

a. The Deputy Under Secretary for Export Administration;

b. The Assistant Secretary for Export Administration;

c. The Assistant Secretary for Export Enforcement;

d. The Deputy Assistant Secretary for Policy Planning; and

e. The Director of the Critical Infrastructure Assurance Office.

.02 The Assistant Secretary for Export Administration shall be assisted in carrying out his/her responsibilities by:

a. The Deputy Assistant Secretary for Export Administration;

b. The Director of the Office of Strategic Industries and Economic Security;

c. The Director of the Office of Non-proliferation Controls and Treaty Compliance;

d. The Director of the Office of Strategic Trade and Foreign Policy Controls; and

e. The Director of the Office of Exporter Services.

.03 The Assistant Secretary for Export Enforcement shall be assisted in carrying out his/her responsibilities by:

a. The Deputy Assistant Secretary for Export Enforcement;

b. The Director of the Office of Export Enforcement;

c. The Director of the Office of Antiboycott Compliance; and

d. The Director of the Office of Enforcement Analysis.

SECTION 4. DELEGATION OF AUTHORITY.

.01 Pursuant to the authority vested in the Secretary of Commerce, the Under Secretary is hereby delegated the following authorities of the Secretary of Commerce. The Secretary reserves the authority to provide policy guidance and direction to the Under Secretary (and delegates) to the extent permitted by law regarding the exercise of the authorities delegated by this section:

a. The Act of February 14, 1903, as amended (15 U.S.C. §1501 et seq.) to foster, promote, and develop the foreign and domestic commerce of the United States, and related provisions;

b. The Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420), and the authority under the Act conferred on the Secretary under Executive Order 12755 of March 12, 1991, Executive Order 12214 of May 12, 1980, and Executive Order 12002 of July 17, 1977, and Executive Order 12938 of November 15, 1994, as amended by Executive Order 13094 of July 28, 1998, regarding proliferation of weapons of mass destruction, measures to restrict the participation by United States persons in weapons proliferation activities, and such other authorities under the International Emergency Economic Powers Act (50 U.S.C. §§ 1701-1706) as may be necessary from time to time to continue the system of export controls established under the Export Administration Act, except that:

1. the submission of reports to the Congress required by Section 14 of the Act shall be reserved to the Secretary; and

2. the power, authority, and discretion to make the determination required by the confidentiality provisions of section 12(c), including determinations related to a request under the Freedom of Information Act (5 U.S.C. § 552), shall be reserved to the Under Secretary. The Under Secretary may redelegate to the Assistant Secretary-level authority to make such determinations to permit protected information to be made available for official U.S. Government use.

c. Executive Order 11958 of January 13, 1977, as it pertains to carrying out, on behalf of the Department of State, functions under Section 38(e) of the Arms Export Control Act (22 U.S.C. § 2751 et seq.) as agreed to by the Departments of Commerce and State.

d. Section 309 (c) of the Nuclear Non-proliferation Act of 1978 (42 U.S.C. §2139a); pertaining to nuclear exports and other matters.

e. Sections 103 and 251 of the Energy Policy and Conservation Act (42 U.S.C. § 6201et sea.) conferred on the Secretary under Executive Order 11912 of April 13, 1976, regarding:

1. export restrictions of coal, petroleum products, natural gas or petrochemical feedstocks, and supplies of material or equipment necessary to maintain for further exploration, production, refining, or transportation of energy supplies or for the construction or maintenance of energy facilities within the United States; and

2. rules to authorize the export of petroleum and petroleum products as may be necessary for implementation of the obligations of the United States under the International Energy Program.

f. The delegation of authority, dated June 25, 1962, from the United States Information Agency under Section 5(e) of Executive Order 11034 of June 25, 1962, as amended by Executive Order 11380 of November 8, 1967, regarding the promotion of international trade and collection of contribution under the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. § 2451 et seq.).

g. The Defense Production Act of 1950, as amended (50 U.S.C. app. § 2061 et seq.), conferred on the Secretary under Executive Order 12919 of June 7, 1994, except the authority to create new agencies within the Department of Commerce.

h. Executive Order 12656 of November 18, 1988, regarding the development, as required, for the programs of the Director, Federal Emergency Management Agency, of national emergency plans and preparedness programs.

i. The National Security Act of 1947, as amended, (50 U.S.C. § 401 et seq.) and Executive Order 12656 of November 18, 1988, regarding mobilization preparedness.

j. Section 3315 of the Strategic and Critical Materials Stock Piling Act, as amended, (50 U.S.C. §§ 98-98h et seq.) which creates the interagency Stockpile Market Impact Committee (MIC). Under Executive Order 12626 of February 25, 1988, the President has delegated his authority and responsibility for management of the National Defense Stockpile Program to the Department of Defense (DOD). The Act assigns to the Department of Commerce the authority and responsibility to co-chair the MIC, which advises the DOD Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposal of matter.

k. Section 1441 of the Public Health Service Act, as amended by the Safe Drinking Water Act (42 U.S.C. 300j) conferred on the Secretary under Executive Order 11879 of September 17, 1975, involving materials allocation of chemicals or substances necessary for treatment of water.

l. Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862) and section 5(a)(1)(B) of Reorganization Plan No. 3 of 1979, regarding the conduct of national security investigations on imports.

m. Section 339(b) of the Tariff Act of 1930, as amended (19 U.S.C.§ 1339(b)), as applicable to providing technical assistance to eligible small businesses regarding national security investigations on imports.

n. Section 824 of the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. § 2504), as amended by Section 815 of the National Defense Authorization Act, Fiscal Years 1990 and 1991, concerning review of defense memoranda of understanding.

o. Section 825 of the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. § 2505), as amended by Section 816 of the National Defense Authorization Act, Fiscal Years 1990 and 1991, regarding offset arrangements.

p. Section 721 of the Defense Production Act, as implemented by Executive Order 12661 of December 27, 1988, concerning review of certain mergers, acquisitions and takeovers of U.S. persons by foreign persons.

q. Executive Order 12851 of June 11, 1993, regarding administration of proliferation sanctions, Middle East arms control, and related Congressional reporting responsibilities.

r. Executive Order 12981 of December 5, 1995, amended by Executive Orders 13020 and 13026, regarding administration of export controls and export licensing.

s. Executive Order 12742 of January 8, 1991, which delegates to the Department of Commerce priority authority for industrial resources under the Selective Service Act and several other laws (similar to the delegation under Executive Order 12919).

t. Section 6 of the Fastener Quality Act (15 U.S.C. § 5405) relating to remedies and penalties available to enforce the Act, or any regulation thereunder.

u. Section 401 of Title 22 U.S.C., as amended, relating to seizure and forfeiture of items being exported in violation of law.

v. Section 423 of the International Religious Freedom Act of 1998 (Public Law No.105-292, 112 Stat. 2787) concerning license requirements for the export or reexport of certain crime control and detection items to countries of particular concern for religious freedom.

w. Executive Order 13026 of November 15, 1996, relating to export controls on certain encryption products.

x. Section 201(1)(C)(4) (Export of Alaskan North Slope Oil) of the Mineral Leasing Act (30 U.S.C. § 185) authorizing the Secretary of Commerce to issue any rules necessary for implementation of the President's national interest determination regarding export of such oil, and to recommend, in consultation with the Secretary of Energy, any necessary action to address oil shortages or price increases.

y. Section 125 (Export of Horses) of the Export Administration Amendments Act of 1985 (46 U.S.C.A. app. § 466c) authorizing the Secretary of Commerce, in consultation with the Secretary of Agriculture, to grant waivers permitting the export of specified horses by sea and to impose civil penalties for violations.

z. Section 1211 (Export Approvals for High Performance Computers) of the National Defense Administration Act for FY 1998 for certain notifications, reports and post-shipment verifications of exports of high performance computers.

aa. Sections 1705(b)-(e) of the Cuban Democracy Act of 1992 (22 U.S.C. § 6004), and the authority under the Act conferred on the Secretary under Executive Order 12845 of July 4, 1993, regarding certain exports to Cuba.

bb. Section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. § 287c), and the authority under the Act conferred on the Secretary under Executive Order 12918 of May 26, 1994, regarding certain exports to Rwanda.

cc. Presidential Decision Directive (PDD-63) dated May 22, 1998, "Critical Infrastructure Protection," regarding the structure and organization of the national effort to protect our nation's critical infrastructure.

.02 The Under Secretary may exercise other authorities of the Secretary that are necessary and appropriate to perform the functions assigned in this Order.

.03 Except as otherwise provided in this Order, the Under Secretary may redelegate his/her authority, subject to such conditions in the exercise of such authority as he/she may prescribe.

SECTION 5. FUNCTIONS.

The Under Secretary for Export Administration, acting as such and as head of the Bureau of Export Administration, shall be the principal officer of the Department of Commerce for carrying out the policies and programs necessary to administer the Export Administration Act, the Export Administration Regulations, and other laws, regulations, and executive orders regarding the control of U.S. exports, antiboycott compliance, fastener quality, foreign technical assistance, industrial base, U.S. and foreign defense conversion activities, and the coordination of interagency activities related to critical infrastructure protection.

SECTION 6. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 10-16, dated February 7, 1995, as amended.

(signed) Secretary of Commerce