Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015

This executive order delegates specific presidential authorities under the Trade Facilitation and Trade Enforcement Act of 2015 to cabinet secretaries and the U.S. Trade Representative, including export promotion coordination, trade capacity building, and currency exchange rate enforcement procedures. It establishes interagency consultation requirements for enhanced bilateral engagement on currency manipulation and creates a formal recommendation process for potential remedial actions.

Federal Register Open PDF 81 FR 49515

Key directives

Assign presidential functions under Export Enhancement Act section 2313A(b) to Secretary of Commerce
Require State and Federal Export Promotion Coordination Working Group to coordinate with local and municipal governments
Assign presidential functions under Act sections 909(d), 915(d), and 915(e) to Secretary of State, USAID Administrator, and USTR respectively
Require Treasury Secretary to seek USTR views before enhanced currency analysis under section 701(a)(2)(A)(ii)
Require Treasury Secretary to consult Secretary of State on national security determinations for enhanced bilateral engagement
Require Assistant to President for Economic Policy to make recommendation to President on remedial actions or waiver for currency manipulation
Permit redelegation and further assignment with Federal Register publication

Who is ordered

Timeline

Immediate

Delegation of presidential functions to Commerce, State, USAID, and USTR takes effect
Interagency consultation requirements for currency analysis become operative

Near term (90d)

Federal Register publication of any redelegations under Section 3(a)(ii)

Long term

Potential enhanced bilateral engagements on currency policy
Possible remedial actions or waivers under Section 701(c) of the Act

Risks & tensions

Interagency friction: multiple consultation requirements (State, USTR, Commerce, Treasury) may slow currency enforcement decisions
Vague 'serious harm to national security' standard for declining engagement lacks definition
No explicit deadline for presidential recommendation after Treasury determination, creating procedural uncertainty
Local/municipal government coordination requirement is novel but lacks enforcement mechanism