Termination of Emergency Authority for Export Controls

This executive order revokes a prior emergency declaration and ends reliance on emergency economic powers for export controls, following Congress's extension of regular statutory authority through the Export Administration Act. Existing export control regulations remain in force but now operate under normal legislative authority rather than emergency powers.

50 FR 28757

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Impact dates

Jul 12, 1985
EO takes effect immediately upon signing

Key directives

Revoke Executive Order 12470 (March 30, 1984)
Rescind declaration of economic emergency under IEEPA
Preserve all existing export control regulations, rules, licenses, and administrative actions under continuing effect
Maintain regulations under 15 CFR Parts 368-399 in force
Preserve EO 12002 and EO 12214 delegations of authority
Preserve Section 38(e) Arms Export Control Act administrative actions

Timeline

Immediate

EO takes effect immediately
EO 12470 revoked
economic emergency declaration rescinded

Near term (90d)

continued operation of existing export control regulations under new statutory authority
potential agency adjustments to regulatory basis

Long term

structural shift from emergency to regular statutory authority for export controls
potential legislative reauthorization dependencies

Risks & tensions

Regulatory continuity clause (Section 2) creates legal fiction that existing rules remain valid under new authority; untested in potential litigation challenging regulatory actions taken during transition
Dependence on Public Law 99-64 extension means future congressional action required to maintain authority; risk of lapse if not reauthorized
Arms Export Control Act provisions (Section 3) preserved on separate track, creating dual regulatory structure with potential jurisdictional complexity between Commerce and State Departments