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EO 13277Executive OrderG.W. Bush · R Quiet signal

Executive Order 13277

Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Act of 2002

This executive order delegates most presidential authorities under Divisions B (Trade Promotion) and C (Andean Trade) of the Trade Act of 2002 to the U.S. Trade Representative, while reserving specific authorities to the President. It also assigns particular consultative and reporting functions to the Secretaries of State, Labor, Treasury, and other agencies, and amends Executive Order 11846 to include the new trade act divisions.

Federal Register Open PDF 67 FR 70305

Key directives

  • Delegate Division B authorities to USTR except reserved presidential authorities in sections 2102(c)(1),(c)(6),(c)(10),(e); 2103(a)(1),(a)(4),(a)(6),b(1),(c)(1)(B)(i),(c)(2); 2105(a)(1); 2108(b)
  • Delegate Division C authorities to USTR except presidential proclamation authority under ATPA sections 204(b)(1), 204(b)(3)(B)(ii), 204(b)(6)(B), and determination authority under section 203(e)(1)(B)
  • Secretary of State to carry out section 2102(c)(2) consultative mechanisms with Labor and USTR
  • USTR to carry out section 2102(c)(5) functions and reporting with Labor consultation
  • Secretary of Labor to carry out sections 2102(c)(7), (c)(8), (c)(9) with State and USTR consultation
  • Secretary of Treasury to carry out section 2102(c)(12) with congressional consultations
  • Customs Service head to implement USTR-directed ATPA actions
  • Amend Executive Order 11846 to include 'Divisions B and C of the Trade Act of 2002'
  • Redelegation must be published in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authorities to USTR takes effect
  • Amendment to Executive Order 11846 takes effect

Near term (90d)

  • Agencies to establish consultative mechanisms under assigned functions

Long term

  • Ongoing trade agreement negotiations and implementation under delegated authorities
  • Andean Trade Preference Act administration

Risks & tensions

  • No calendar deadlines or 'within N days' requirements specified in text—implementation timing uncertain
  • Interagency consultation requirements (State-Labor-USTR) may create coordination friction
  • Presidential reservation of key authorities maintains central control but may slow trade negotiations
  • Judicial review disclaimer (Sec. 5) limits enforceability for affected parties
Executive Order 13277: Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Act of 2002 · Executive Orders