Proclamation 4202—Modifying Proclamation No. 3279, Relating to Imports of Petroleum and Petroleum Products

The Chairman of the Oil Policy Committee, in the exercise of his responsibility to maintain a constant surveillance of imports of petroleum and its primary derivatives in respect to the national security, and after consultation with the Oil Policy Committee, has informed me that, in his opinion, the following circumstance indicates a need for further Presidential action under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended, namely:

Petitions now pending before the Oil Import Appeals Board for relief in the form of grants of allocations of imports of crude oil, unfinished oils, and finished products would, if acted upon favorably by the Board, exceed in the aggregate the limits of the maximum levels of imports established in section 2 of Proclamation No. 3279, as amended; and, in order that the Board shall be in position to consider such petitions on their merits, the Board should be empowered, without regard to such maximum levels, to modify, on the grounds of exceptional hardship, any allocation made to any person under regulations issued pursuant to section 3 of Proclamation No. 3279, as amended; to grant allocations of imports of crude oil and unfinished oils in special circumstances to persons with importing histories who do not qualify for allocations under such regulations; and to grant allocations of imports of finished products on the grounds of exceptional hardship to persons who do not qualify for allocations under such regulations.

The Chairman of the Oil Policy Committee, after the consultation referred to and in the light of the circumstance mentioned, has recommended that section 4 of Proclamation No. 3279, as amended, be amended as hereinafter provided.

The Chairman has found that the national security will not be adversely affected by the Presidential action which he has recommended.

I agree with the findings and recommendations of the Chairman and deem it necessary and consistent with the national security objectives of Proclamation No. 3279, as amended, that section 4 of Proclamation No. 3279, as amended, be amended as hereinafter provided.

Now, Therefore, I, Richard Nixon, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and laws of the United States, including section 232 of the Trade Expansion Act of 1962, do hereby proclaim that, effective as of this date, paragraph (b) of section 4 of Proclamation No. 3279, as amended, is hereby amended to read as follows:

"(b) The Appeals Board may be empowered (1) within the limits of the maximum levels of imports established in section 2 of this proclamation, to modify on the grounds of error any allocation made to any person under such regulations; (2) without regard to the limits of the maximum levels of imports established in section 2 of this proclamation, (i) to modify, on the grounds of exceptional hardship, any allocation made to any person under such regulations; (ii) to grant allocations of imports of crude oil and unfinished oils in special circumstances to persons with importing histories who do not qualify for allocations under such regulations; and (iii) to grant allocations of imports of finished products on the grounds of exceptional hardship to persons who do not qualify for allocations under such regulations; and (3) to review the revocation or suspension of any allocation or license. The Secretary may provide that the Board may take such action on petitions as it deems appropriate and that the decisions by the Appeals Board shall be final."

In Witness Whereof, I have hereunto set my hand this twenty-third day of March, in the year of our Lord nineteen hundred seventy-three, and of the Independence of the United States of America the one hundred ninety-seventh.

RICHARD NIXON