EO 12445Executive OrderReagan · R

Executive Order 12445

Certification of containers and vehicles for use in international transport

This executive order transfers authority for approving and certifying containers and vehicles used in international transport under customs seal from the Secretary of Transportation to the Secretary of the Treasury, implementing U.S. obligations under several international customs conventions. It delegates rulemaking authority, allows fee-setting, and permits use of non-profit organizations to assist in carrying out these functions.

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Impact dates

  1. DOT regulations continue until superseded by Treasury regulations

Key directives

  • Delegate to Treasury Secretary authority to approve and certify containers and vehicles for international transport under customs seal
  • Direct Treasury Secretary to apply procedures and technical conditions from Convention Annexes
  • Authorize Treasury Secretary to prescribe fee schedule for certification services
  • Permit Treasury Secretary to use non-profit firms or associations to assist in duties
  • Continue DOT regulations under EO 11459 until superseded by Treasury regulations
  • Supersede Executive Order 11459 (March 7, 1969)

Who is ordered

Timeline

Immediate

  • Transfer of authority from Transportation to Treasury takes effect
  • Existing DOT regulations under EO 11459 remain in force pending Treasury replacement

Near term (90d)

  • Treasury to begin developing regulations and certification procedures
  • Potential fee schedule establishment

Long term

  • Full implementation of Treasury-led certification regime
  • Possible phase-out of DOT regulatory framework as Treasury regulations supersede

Risks & tensions

  • No explicit deadline for Treasury to issue superseding regulations, creating potential indefinite dual-authority limbo
  • Vague 'to the extent permitted by law' qualifier on non-profit contracting may limit implementation flexibility
  • Convention Annexes 'as modified, amended, or otherwise supplemented from time to time' creates open-ended delegation to international bodies without further presidential or congressional action
Executive Order 12445: Certification of containers and vehicles for use in international transport · Executive Orders