Executive Order 12757—Implementation of the Enterprise for the Americas Initiative

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agricultural Trade Development and Assistance Act of 1954 ("Act"), as amended by section 1512 of Public Law 101-624, it is hereby ordered as follows:

Section 1. The functions vested in the President by sections 603, 604, 611, and 614 of the Act are delegated to the Secretary of the Treasury ("Secretary"), who shall exercise such functions in accordance with recommendations of the National Advisory Council on International Monetary and Financial Policies ("Council"), as established by Executive Order No. 11269 of February 14, 1966. The Secretary of State, when necessary, shall report to the Council regarding the need to review the implementation of environmental programs pursuant to section 611 of the Act.

Sec. 2. (a) For purposes of section 1 of this order only, the membership of the Council shall be expanded to include the following: the Secretary of Agriculture, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the Chairman of the Council on Environmental Quality, and the Administrator of the Environmental Protection Agency.

(b) Whenever matters being considered by the Council may be of interest to an agency not represented on the Council, the chairperson may invite a representative of such agency to participate in meetings and deliberations of the Council.

(c) In the event of a disagreement among agencies represented on the Council, the Secretary shall refer the issue to the appropriate Cabinet-level body designated by the President.

Sec. 3. (a) The functions vested in the President by section 607 of the Act are delegated to the Secretary of State, in consultation with the Department of the Treasury, the Department of Agriculture, the Department of Commerce, the Council on Environmental Quality, the Environmental Protection Agency, the Agency for International Development, and any other agency determined by the Secretary of State to have an interest in an environmental framework agreement.

(b) Pursuant to section 610(c) of the Act, the Environment for the Americas Board shall also advise the Secretary of State on the negotiations of the environmental framework agreements.

(c) The Secretary of State shall ensure that the elements and requirements for the Administering Bodies established in section 607(c) of the Act shall be included in the environmental framework agreements.

Sec. 4. (a) The five U.S. Government members of the Environment for the Americas Board ("Board") established by section 610 of the Act shall be representatives from the Department of State, the Department of the Treasury, the Environmental Protection Agency, the Agency for International Development, and the Inter-American Foundation.

(b) The Department of Commerce, the Department of Agriculture, and other appropriate agencies may each send representatives to the meetings of the Board, and such representative may participate in the activities of the Board.

(c) The representative from the Department of the Treasury shall be the chairperson of the Board. The representative from the Department of State shall be the vice chairperson of the Board. The representative from the Environmental Protection Agency shall serve as secretary of the Board.

(1) The chairperson shall be responsible for presiding over the meetings of the Board, ensuring that the views of all other participants are taken into account, and coordinating with other appropriate agencies in assisting the Board in its review of the fiscal audits conducted pursuant to section 607(c)(4) of the Act.

(2) The vice chairperson shall be responsible for serving as liaison between the Board and local governments, local nongovernmental organizations, and the local Administering Bodies in Latin America and the Caribbean, and for coordinating the international activities related to programs funded under the Act.

(3) The secretary of the Board shall be responsible for coordinating the preparation of materials for Board discussion, including the technical reviews of the annual programs and reports required to be submitted to the Board under section 607(c)(5) and (c)(6) of the Act, and for preparing official minutes of Board discussions.

(d) The four private nongovernmental organization members of the Board shall be chosen by the President.

Sec. 5. No new agreement under Title I of the Agricultural Trade Development and Assistance Act of 1954, as amended by section 1512 of Public Law 101-624, and no new credit agreement under the Food for Progress Act of 1985 shall be entered into with any country that is in default with respect to the payment of principal or interest on any obligation issued pursuant to section 604 of the Act unless such country meets its obligations or unless the President so authorizes.

Sec. 6. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

George Bush

The White House,

March 19, 1991.