ExecutiveOrdersEO
EO 13346Executive OrderG.W. Bush · R

Executive Order 13346

Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions

This executive order delegates specific presidential waiver, determination, certification, and reporting functions to the Secretary of State, U.S. Trade Representative, and Secretary of Commerce under various trade, arms control, and foreign assistance statutes. It also makes technical amendments to two prior executive orders related to foreign assistance and trade adjustment assistance.

Federal Register Open PDF 69 FR 41905

Key directives

  • Secretary of State authorized to make Jackson-Vanik waivers under 19 U.S.C. 2432(d)(1)
  • Secretary of State authorized to make determinations on MIA/POW cooperation under PL 105-277/PL 108-199
  • Secretary of State authorized to make Arms Export Control Act determinations under 22 U.S.C. 2799aa-1(a)
  • USTR assigned to submit sub-Saharan Africa report under AGOA section 106
  • Secretary of State authorized to certify Australia Group effectiveness under Chemical Weapons Convention resolution section 2(7)(C)(i)
  • Secretary of Commerce authorized to certify interests of certain U.S. firms under resolution section 2(9)
  • Amend EO 12163 to add foreign assistance authorities (PL 107-115, PL 108-199, PL 99-415)
  • Amend EO 13277 section 1(b)(3) to add '(A) and (C)' after 'Section 2105(a)(1)'

Who is ordered

Timeline

Immediate

  • Delegation of functions to specified cabinet officers takes effect upon signing
  • Technical amendments to EO 12163 and EO 13277 take effect

Near term (90d)

  • USTR to continue preparing sub-Saharan Africa report under AGOA
  • State Department to assume Jackson-Vanik waiver authority

Long term

  • Ongoing delegated authority for arms export determinations
  • Continuing certification responsibilities under Chemical Weapons Convention resolution

Risks & tensions

  • Section 6 preserves presidential constitutional authority over foreign affairs and classified information, creating potential tension with delegated officer independence
  • No specific reporting deadlines to Congress established in this EO—timing governed by underlying statutes
  • Technical amendment to EO 13277 without explanatory context creates uncertainty about intended scope change
Executive Order 13346: Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions · Executive Orders