Executive Order 11533—Administration of the Export Administration Act of 1969

By virtue of the authority vested in me by the Export Administration Act of 1969, 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 Administration Act of 1969 (83 Stat. 841; Public Law 91-184), are hereby delegated to the Secretary of Commerce, with power of successive redelegation.

SEC. 2. The Export Control Review Board established by section 2 of Executive Order No. 10945 of May 24, 1961, is hereby reestablished as the Export Administration 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 Government 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 Administration Act of 1969 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. 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 under the Export Administration Act of 1969 and under this order, until amended, modified, or terminated by proper authority.

SEC. 6. This order shall be effective January 1, 1970.

RICHARD NIXON

The White House

June 4, 1970