EO 13028Executive OrderClinton · D

Executive Order 13028

Further Amendments to Executive Order No. 12757 Implementation of the Enterprise for the Americas Initiative

This executive order makes technical amendments to EO 12757, which implemented the Enterprise for the Americas Initiative. It updates statutory citations to include the 1996 Foreign Operations appropriations act (Public Law 104-107) and delegates certain presidential functions under that law to the Secretary of Agriculture, who must act on Council recommendations and consult with the Secretary of State.

Key directives

  • Amend EO 12757 preamble to add reference to section 571 of Public Law 104-107
  • Amend Section 1 to add section 571(a)(1) of Public Law 104-107 to defined authorities
  • Delegate presidential functions under sections 571(a)(2), (c), and (d) of Public Law 104-107 to Secretary of Agriculture
  • Add new Section 6 with forward-reference provision for substantially similar future statutes
  • Add standard judicial review disclaimer

Who is ordered

Timeline

Immediate

  • Statutory citation updates take effect
  • Delegation of section 571(a)(2), (c), (d) functions to Secretary of Agriculture

Near term (90d)

  • Implementation of amended authorities under Public Law 104-107

Long term

  • Ongoing operation of debt-for-nature and agricultural trade programs under updated framework
  • Potential application to future substantially similar statutes via new Section 6 catch-all provision

Risks & tensions

  • Forward-reference provision (new Section 6) creates legal uncertainty about scope of automatic application to future statutes
  • Delegation to Agriculture Secretary with State Department consultation requirement may create interagency friction
  • No substantive policy changes; purely technical/administrative update reduces transparency of program evolution
  • Judicial review disclaimer limits enforceability for affected parties
Executive Order 13028: Further Amendments to Executive Order No. 12757 Implementation of the Enterprise for the Americas Initiative · Executive Orders