Executive Order 11940—Continuing the Regulation of Exports

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including section 5(b) of the act of October 6, 1917, as amended (12 U.S.C. 95a, 50 U.S.C. App. 5 (b)), and as President of the United States of America, and in view of the continued existence of the national emergencies declared by Presidential Proclamation No. 2914 of December 16, 1950, and Presidential Proclamation No. 4074 of August 15, 1971, and the importance of continuing (a) to exercise the necessary vigilance over exports from the standpoint of their significance to the national security of the United States; (b) to further significantly the foreign policy of the United States and to fulfill its international responsibilities; and (c) to protect the domestic economy from the excessive drain of scarce materials and reduce the serious inflationary impact of foreign demand, it is hereby ordered as follows:

SECTION 1. Notwithstanding the expiration of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2401-2413), the provisions for administration of that act contained in Executive Order No. 11533 of June 4, 1970, as continued in effect by Executive Orders Nos. 11683 of August 29, 1972, 11798 of August 14, 1974, and 11818 of November 5, 1974, and as amended by Executive Order No. 11907 of March 1, 1976, shall continue in full force and effect and shall authorize the exercise and administration of export controls, under the authority vested in me as President of the United States of America by section 5(b) of the act of October 6, 1917, as amended (12 U.S.C. 95a, 50 U.S.C. App. 5(b)).

SEC. 2. Except to the extent another basis is provided in the second sentence of section 4 of this order, all rules and regulations issued by the Secretary of Commerce under the authority of the Export Administration Act of 1969, as amended, including those published in Title 15, Chapter III, Subchapter B, of the Code of Federal Regulations, Parts 368 to 399 inclusive, and all orders, regulations, licenses and other forms of administrative action issued or taken pursuant thereto, shall until amended or revoked by the Secretary of Commerce, remain in full force and effect, the same as if issued or taken pursuant to this Order, except that the maximum fine which may be imposed under section 387.1(a) (1) of Title 15, Code of Federal Regulation, shall not exceed $10,000 and that the civil penalty provided for under section 387.1(b) (3) thereof will not be applicable to any violation of the regulations under this Order.

SEC. 3. Provisions for the administration of Section 38 (e) of the Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall continue in full force and effect until amended or revoked under the authority of section 5(b) of the act of October 6, 1917, as amended (12 U.S.C. 95a, 50 U.S.C. App. 5 (b)), and this Order shall constitute authority for the issuance and continuation in full force and effect of rules and regulations by the President or his delegate, and all orders, licenses, and other forms of administrative action issued or taken pursuant thereto, relating to the administration of section 38(e) of the Arms Export Control Act.

SEC. 4. The delegations of authority in this order shall not affect the authority of any agency or official pursuant to any other delegation of Presidential authority, presently in effect or hereafter made, under section 5 (b) of the act of October 6, 1917, as amended. Those regulations issued under the Export Control Act of 1949, as amended, to implement foreign policy set forth in Executive Orders Nos. 11322 of January 5, 1967 and 11419 of July 29, 1968, shall until amended or revoked by the Secretary of Commerce continue to apply as regulations issued under such orders.

GERALD R. FORD

The White House,

September 30, 1976.