Assigning Foreign Affairs Functions and Implementing the Enterprise for the Americas Initiative and the Tropical Forest Conservation Act

This executive order delegates presidential foreign affairs functions to the Secretary of the Treasury and Secretary of State for implementing the Enterprise for the Americas Initiative and Tropical Forest Conservation Act. It also establishes board membership for the Enterprise for the Americas Board and revokes four prior executive orders on the same topics.

Federal Register Open PDF 69 FR 41901

Impact dates

Jul 8, 2004
Board member designations to be made in writing to Secretary of State
Jul 8, 2004
Further function assignments to be published in Federal Register

Key directives

Secretary of Treasury designated to perform presidential functions under ATDA Act sections 603(b), 604(a), 611 and Foreign Assistance Act sections 703, 704(a), 805(b), 806(a), 807(a), 808(a), 812
Secretary of State designated to perform presidential functions under ATDA Act sections 607, 614 and Foreign Assistance Act section 813(a)
USAID Administrator to make recommendations on section 803(5)(B) in cooperation with Agriculture and State
Enterprise for the Americas Board membership specified with State designee as chair and USAID designee as vice chair
Board designations must be in writing to Secretary of State and are non-delegable
Four prior executive orders revoked
Further assignments of functions must be published in Federal Register

Timeline

Immediate

Revocation of four prior executive orders (E.O. 12757, 12823, 13028, 13131)
Designation of Treasury and State to perform presidential functions
Board membership designations take effect

Near term (90d)

Board designations to be made in writing and submitted to Secretary of State
Secretary of State may establish Board governance procedures after consultation

Long term

Ongoing implementation of debt-for-nature and Enterprise for the Americas programs
Continued interagency consultation framework for tropical forest conservation and agricultural trade assistance

Risks & tensions

Interagency coordination burden: Treasury must consult with State, USAID, Agriculture, OMB, EPA, CEQ, ONDCP, and CEA on various functions, creating complex bureaucratic process
Potential tension between Treasury and State over recommendations for determinations under sections 703(b) and 805(b)
Non-delegation clause in section 4(c) unusually restricts flexibility for agency heads
Section 5(a) preserves broad presidential constitutional authorities, potentially limiting judicial or congressional oversight
Section 7 explicitly bars private enforcement, limiting accountability mechanisms