EO 13659Executive OrderObama · D Quiet signal

Executive Order 13659

Streamlining the Export/Import Process for America's Businesses

This executive order directs federal agencies to modernize U.S. trade processing by completing the International Trade Data System (ITDS)—a "single window" for electronic submission of import/export data—by December 31, 2016. It establishes the Border Interagency Executive Council (BIEC) to coordinate cross-agency border management, streamline regulatory requirements, and improve supply chain efficiency while maintaining security and public health protections.

Impact dates

  1. Participating agencies must have ITDS capabilities in place as primary means of receiving standard data for cargo release/clearance

  2. DHS must confirm ITDS operational capabilities for harmonized data transmission and electronic submission transition

  3. Second annual BIEC report to President on Section 5 implementation

  4. Agencies report to Board on anticipated use of international standards for product classification and identification

  5. Agencies submit retrospective review reports to OIRA on regulatory modifications for ITDS compliance

Key directives

  • Complete ITDS development so participating agencies use it as primary electronic data receipt system by December 31, 2016
  • DHS to confirm ITDS operational capabilities for single-window data transmission and paper-to-electronic transition by December 31, 2016
  • Establish BIEC chaired by DHS Secretary with 2-year rotating Vice Chair from member agencies
  • BIEC to develop common risk management principles for cargo review and release
  • Agencies to review regulations for ITDS compatibility and promptly initiate rulemaking by July 14, 2014
  • Agencies to report on use of international product classification standards within 180 days
  • BIEC to report annually to President through July 2016 on Section 5 implementation
  • Board to define standard data elements and make public timeline of ITDS development and agency implementation plans

Who is ordered

Timeline

Immediate

  • Establishment of BIEC as interagency working group
  • DHS to provide funding and administrative support for BIEC
  • Agencies to include ITDS compliance in July 14, 2014 retrospective review report to OIRA

Near term (90d)

  • By July 14, 2014: Agencies submit retrospective review reports to OIRA on regulatory modifications needed for ITDS
  • By July 1, 2014: First annual BIEC report to President on Section 5 implementation
  • Within 180 days of signing (August 18, 2014): Agencies report to Board on anticipated use of international standards for product classification and identification

Long term

  • By December 31, 2016: Participating agencies must utilize ITDS as primary means of receiving standard data for cargo release and clearance
  • By December 31, 2016: DHS must confirm ITDS operational capabilities for harmonized data transmission and electronic submission transition
  • Annual BIEC reports through July 2016 on Section 5 implementation
  • Ongoing: Board to periodically review and update standard data elements
  • Ongoing: BIEC to develop common risk management principles and streamline federal systems

Risks & tensions

  • December 2016 ITDS deadline was statutory (SAFE Port Act) but implementation had historically lagged; EO adds political weight but technical and interagency coordination challenges remain significant
  • Requirement for DHS to provide BIEC funding 'to the extent permitted by law' creates uncertainty if appropriations are insufficient
  • 'Strongly encouraged' compliance for independent agencies (e.g., EPA, others) lacks enforcement mechanism
  • Paper-to-electronic transition may face resistance from smaller traders despite potential long-term cost savings
  • Security and data safeguarding requirements across agencies with different protocols could delay interoperability
  • Regulatory review and prompt rulemaking requirements depend on OIRA prioritization and agency capacity
Executive Order 13659: Streamlining the Export/Import Process for America's Businesses · Executive Orders