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EO 13637Executive OrderObama · D Quiet signal

Executive Order 13637

Administration of Reformed Export Controls

This executive order delegates specific functions under the Arms Export Control Act to the Secretaries of State and Defense, revokes the previous 1977 executive order on export controls, and amends Executive Order 13222 to establish congressional notification procedures for certain firearms and Major Defense Equipment exports under Commerce jurisdiction, while also authorizing the Secretary of State to license Commerce-controlled exports when agreed with the Secretary of Commerce.

Federal Register Open PDF 78 FR 16129

Impact dates

  1. Secretary of Commerce to establish congressional notification procedures for firearms and Major Defense Equipment exports

Key directives

  • Delegate specific Arms Export Control Act functions to Secretary of State and Secretary of Defense with specified consultation requirements
  • Revoke Executive Order 11958 of January 18, 1977
  • Allocate funds appropriated for the Act to Secretary of Defense without further presidential action
  • Amend Executive Order 13222 to add Section 4: Secretary of Commerce shall establish procedures for congressional notification of firearms exports and Major Defense Equipment exports
  • Amend Executive Order 13222 to add Section 5: Authorize Secretary of State to license/export approve Commerce-jurisdiction items when agreed with Secretary of Commerce

Who is ordered

Timeline

Immediate

  • Revocation of Executive Order 11958 (1977)
  • Delegation of functions takes effect
  • Funds appropriated for Arms Export Control Act automatically allocated to Secretary of Defense

Near term (90d)

  • Secretary of Commerce to establish congressional notification procedures for firearms and Major Defense Equipment exports (Sec. 5/EO 13222 amendment)

Long term

  • Ongoing interagency coordination structure for export control decisions
  • Potential renegotiation of international agreements under new delegation framework

Risks & tensions

  • Vague timing: 'establish appropriate procedures' in Sec. 5/EO 13222 amendment lacks specific deadline for Commerce notification procedures
  • Dual-use tension: State Department licensing of Commerce-jurisdiction items (Sec. 5(a)) creates overlapping authority requiring ongoing interagency agreement
  • Concurrence requirements throughout may create bureaucratic delays in urgent export decisions
  • Firearms export notification provision intersects with contentious domestic gun politics, potentially amplifying scrutiny
Executive Order 13637: Administration of Reformed Export Controls · Executive Orders