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EO 12923Executive OrderClinton · D Quiet signal

Executive Order 12923

Continuation of Export Control Regulations

President Clinton declared a national emergency and continued export control regulations under the International Emergency Economic Powers Act after the Export Administration Act of 1979 expired. The order maintains all existing Commerce Department export regulations and Arms Export Control Act administration provisions in full force until Congress reauthorizes the Export Administration Act.

Federal Register 59 FR 34551
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Impact dates

  1. Order remains in effect until terminated upon enactment of Export Administration Act reauthorization

  2. Order effective as of midnight between June 30 and July 1, 1994

Key directives

  • Continue Export Administration Act of 1979 provisions under IEEPA section 203 authority
  • Incorporate delegations from Executive Orders 12002, 12755, 12214, 12735, and 12851
  • Maintain all Commerce Department export regulations (15 CFR Parts 768-799) in full force
  • Apply sections 203(b)(2) and 206 of IEEPA as controlling over inconsistent regulatory provisions
  • Continue administration of Arms Export Control Act section 38(e)
  • Terminate order upon enactment of Export Administration Act reauthorization bill

Who is ordered

Timeline

Immediate

  • Export Administration Act authorities continue under IEEPA as of midnight June 30/July 1, 1994
  • All existing Export Administration Regulations remain in force
  • Arms Export Control Act section 38(e) administration continues

Near term (90d)

  • Commerce Department may amend or revoke existing regulations under continued authority
  • Ongoing licensing and enforcement actions proceed under extended legal basis

Long term

  • Order remains in effect indefinitely until terminated by President or superseded by congressional reauthorization of Export Administration Act

Risks & tensions

  • Use of national emergency declaration for routine legislative lapse creates precedent for IEEPA expansion
  • IEEPA lacks some congressional oversight mechanisms present in Export Administration Act
  • Boycott provisions (foreign policy purpose 'b') extend beyond typical national security framing
  • Indefinite duration with conditional termination creates uncertainty for exporters
  • Vague: 'to the extent permitted by law' qualifier in Sections 1 and 3 leaves room for legal challenge
Executive Order 12923: Continuation of Export Control Regulations · Executive Orders