THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release October 15, 1996

EXECUTIVE ORDER

AMENDMENT TO EXECUTIVE ORDER 12981

By the authority vested in me as President by the Constitution and the laws of the United States of America, including but not limited to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and in order to take additional steps with respect to the national emergency described and declared in Executive Order 12924 of August 19, 1994, and continued on August 15, 1995, and August 14, 1996, in order to amend Executive Order 12981 as that order applies to the processing of applications for the export of any commercial communication satellites and any hot-section technologies for the development, production, and overhaul of commercial aircraft engines that are transferred from the United States Munitions List to the Commerce Control List pursuant to regulations issued by the Departments of Commerce and State after the effective date of this order, it is hereby ordered as follows:

Section 1. Amendment of Executive Order 12981. (a) Section 5(a)(3)(B) of Executive Order 12981 is amended to read as follows:

       (B) The OC shall review all license applications on 
       which the reviewing departments and agencies are not 
       in agreement.  The Chair of the OC shall consider the 
       recommendations of the reviewing departments and agencies 
       and inform them of his or her decision on any such matters 
       within 14 days after the deadline for receiving department 
       and agency recommendations.  However, for license 
       applications concerning commercial communication 
       satellites and hot-section technologies for the 
       development, production, and overhaul of commercial 
       aircraft engines that are transferred from the 
       United States Munitions List to the 
       Commerce Control List pursuant to regulations issued by 
       the Departments of Commerce and State after the date of 
       this order, the Chair of the OC shall inform reviewing 
       departments and agencies of the majority vote decision 
       of the OC.  As described below, any reviewing department 
       or agency may appeal the decision of the Chair of the OC, 
       or the majority vote decision of the OC in cases concerning 
       the commercial communication satellites and hot-section 
       technologies described above, to the Chair of the ACEP.  
       In the absence of a timely appeal, the Chair's decision 
       (or the majority vote decision in the case of license 
       applications concerning the commercial communication 
       satellites and hot-section technologies described above) 
       will be final.
  
       (b) Section 5(b)(1) of Executive Order 12981 is amended to 

read as follows:

       (1) If any department or agency disagrees with a licensing 
       determination of the Department of Commerce made through 
       the Chair of the OC (or a majority vote decision of the 
       OC in the case of license applications concerning the 
       commercial communication satellites and the hot-section 
       technologies described in section 5(a)(3)(B)), it may 
       appeal the matter to the ACEP for resolution.  A department 
       or agency must appeal a matter within 5 days of such a 
       decision.  Appeals must be in writing from an official 
       appointed by the President, by and with the advice and 
       consent of the Senate, or an officer properly acting in 
       such capacity, and must cite both the statutory and the 
       regulatory bases for the appeal.  The ACEP shall review all 
       departments' and agencies' information and recommendations, 
       and the Chair of the ACEP shall inform the reviewing 
       departments and agencies of the majority vote decision of 
       the ACEP within 11 days from the date of receiving notice 
       of the appeal.  Within 5 days of the majority vote 
       decision, any dissenting department or agency may appeal 
       the decision by submitting a letter from the head of 
       the department or agency to the Secretary in his or her 
       capacity as the Chair of the Board.  Such letter shall cite 
       both the statutory and the regulatory bases for the appeal.  
       Within the same 5-day period, the Secretary may call a 
       meeting on his or her own initiative to consider a license 
       application.  In the absence of a timely appeal, the 
       majority vote decision of the ACEP shall be final.
  
       Sec. 2.  Judicial Review.  This order is not intended 

to create, nor does it create, any rights to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

Sec. 3. Effective Date. This order shall be effective immediately and shall remain in effect until terminated.

WILLIAM J. CLINTON

THE WHITE HOUSE,

October 12, 1996.

# # #