Executive Order 10945—Administration of the Export Control Act of 1949

By virtue of the authority vested in me by the Export Control Act of 1949 as amended, and as President of the United States, it is ordered as follows:

SECTION 1. The power, authority, and discretion conferred upon the President by the provisions of the Export Control Act of 1949 (63 Stat. 7), as amended (50 U.S.C. App. 2021-2032), are hereby delegated to the Secretary of Commerce, with power of successive redelegation.

SEC. 2. There is hereby established the Export Control Review Board (hereinafter referred to as the Board). The Board shall be composed of the Secretary of' Commerce, who shall be the Chairman of the Board, the Secretary of State, and the Secretary of Defense. No alternate Board members shall be designated, but the acting head of any department may serve in lieu of the head of the department concerned. The Board may invite the heads of Government agencies, other than the departments represented by the Board members, to participate in the activities of the Board when matters of interest to such agencies are under consideration.

SEC. 3. The Secretary of Commerce may from time to time refer to the Board such particular export license matters, involving questions of national security or other major policy issues, as he shall select. The Secretary of Commerce shall also refer to the Board any other such export license matter, upon the request of any other member of the Board or of the head of any other Govermnent department or agency having an interest in such matter. The Board shall consider the matters so referred to it, giving due consideration to the foreign policy of the United States, the national security, and the domestic economy, and shall make recommendations thereon to the Secretary of Commerce.

SEC. 4. The President may at any time (a) prescribe rules and regulations applicable to the power, authority, and discretion referred to in section 1 of this order, and (b) communicate to the Secretary of Commerce such specific directives applicable thereto as the President shall determine. The Secretary of Commerce shall from time to time report to the President upon the administration of the Export Control Act of 1949, as amended, and, as he may deem necessary, may refer to the President recommendations made by the Board under section 3 of this order. Neither the provisions of this section nor those of section 3 shall be construed as limiting the provisions of section 1 of this order.

SEC. 5 (a) All provisions relating to export control that are contained in the following and are now effective are hereby superseded:

(1) Proclamation No. 2413 of July 2, 1940

(2) Executive Order No. 8900 of September 15, 1941

(3) Executive Order No. 8982 of December 17, 1941

(4) Executive Order No. 9361 of July 15, 1943

(5) Executive Order No. 9380, of September 25, 1943

(6) Executive Order No. 9630, of September 27, 1945

(7) Executive Order No. 9919 of January 3, 1948

(b) Except to the extent that they are inconsistent with this order, all outstanding delegations, rules, regulations, orders, licenses, or other forms of administrative action made, issued, or otherwise taken under, or continued in force by, the Export Control Act of 1949, as amended, shall remain in full force and effect until amended, modified, or terminated by proper authority.

JOHN F. KENNEDY

THE WHITE HOUSE,

May 24, 1961