Executive Order 10761—Government Purchases of Crude Petroleum and Petroleum Products

WHEREAS, following the receipt of advice from the Special Committee to Investigate Crude Oil Imports, I have determined that essential national security interests are adversely affected by the purchase by the United States of crude petroleum imported in quantities in excess of those now or hereafter specified under the Voluntary Oil Import Program or of petroleum products refined in the United States and composed of or derived from such crude petroleum, in whole or in part; and

WHEREAS I have determined that such purchases would not be in the public interest:

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, and as President of the United States, it is hereby ordered as follows:

SECTION 1. For the purposes of the application of the act of March 3, 1933, 47 Stat. 1520, 41 U.S.C. 10a-10c; 63 Stat. 1024, 41 U.S.C. 10d, commonly known as the Buy American Act, pursuant to this order: "domestic petroleum product" means crude petroleum of wholly domestic origin and any product refined in the United States entirely from such crude petroleum; "non-domestic petroleum product" means crude petroleum not wholly of domestic origin and any product refined in the United States which is not derived entirely from crude petroleum of domestic origin; "complying petroleum product" means crude petroleum of foreign origin or any product refined in the United States in whole or in part from crude petroleum of foreign origin, all of which has been, or will be imported by a firm which, during the period of contract performance and for the three months preceding the month in which a bid is submitted to a Government department or agency, has imported crude petroleum in compliance with the Voluntary Oil Import Program.

SEC. 2. The heads of all executive departments and agencies are requested to re-examine existing policy with respect to the application of the Buy American Act to petroleum products and to apply the provisions of that act so that, (1) unless a domestic product is unavailable or its cost is determined to be unreasonable, the purchase of a non-domestic petroleum product will be made only if it is a complying petroleum product, and (2) in considering bids no price differential will be applied between domestic and complying petroleum products.

SEC. 3. Every contract entered into by any executive department or agency for the purchase in the United States of imported crude petroleum or petroleum products refined in the United States and derived in whole or in part from imported crude petroleum shall contain the following provision: "The contractor agrees that during the contract period he will comply in all respects with the Voluntary Oil Import Program."

SEC. 4. The Administrator, Voluntary Oil Import Program, is authorized to issue certificates of compliance with the Voluntary Oil Import Program which may be accepted as conclusive evidence of such compliance. In the absence of such a certificate, a certification or representation of compliance made by the supplier may be considered presumptive evidence of compliance.

SEC. 5. Executive Order No. 10582 of December 17, 1954, "Prescribing Uniform Procedures for Certain Determinations under the Buy American Act," shall not be applicable to crude petroleum and petroleum products.

SEC. 6. This order shall be applicable to contracts entered into thirty days after the date hereof.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

March 27, 1958.