http://www.nara.gov/fedreg/eo1991.html

12757

Implementation of the Enterprise for the Americas Initiative

Signed: March 19, 1991

Federal Register page and date: 56 FR 12107; March 21, 1991

Amended by: EO 12823, December 3, 1992; EO 13028, December 3, 1996

Note - This text was found buried in 7 USC Sec. 1738.

http://law2.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2554+0++EX%20W%2F2%20ORD%20W%2F2%2012757%20%2FF%3AEXEC

-CITE-

7 USC Sec. 1738 01/06/97

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER VI - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-

Sec. 1738. Establishment of Facility

-STATUTE-

There is established in the Department of the Treasury an entity to be known as the "Enterprise for the Americas Facility" (hereafter referred to in this subchapter as the "Facility").

-SOURCE-

(July 10, 1954, ch. 469, title VI, Sec. 601, as added Nov. 28, 1990, Pub. L. 101-624, title XV, Sec. 1512, 104 Stat. 3658.)

-MISC1-

EFFECTIVE DATE

Subchapter effective Jan. 1, 1991, see section 1513 of Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note under section 1691 of this title.

-EXEC-

Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R. 12107, as amended by Ex. Ord. No. 12823, Dec. 3, 1992, 57 F.R. 57645; Ex. Ord. No. 13028, Dec. 3, 1996, 61 F.R. 64589, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Agricultural Trade Development and Assistance Act of 1954 ("ATDA

Act") (7 U.S.C. 1691 et seq.), as amended by Public Law 101-624,

Public Law 102-237, the Foreign Assistance Act of 1961 ("FAA")

(22 U.S.C. 2151 et seq.), as amended by Public Law 102-549, and

section 571 of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1996 ("Public Law 104-107")

(110 Stat. 748), it is hereby ordered as follows:

Section 1. The functions vested in the President by sections 603,

604, 611, and 614 of the ATDA Act (7 U.S.C. 1738b, 1738c, 1738j,

and 1738m), sections 703 and 704 of the FAA (22 U.S.C. 2430b,

2430c), and section 571(a)(1) of Public Law 104-107 are delegated

to the Secretary of the Treasury ("Secretary"), who shall

exercise such functions in accordance with recommendations of the

National Advisory Council on International Monetary and Financial

Policies ("Council"), as established by Executive Order No. 11269

of February 14, 1966 (22 U.S.C. 286b note); except that, with

respect to the eligibility determinations required by section

703(a)(1), (2), (3), and (4) of the FAA, the Secretary of the

Treasury shall act in accordance with the recommendations of the

Secretary of State. The functions vested in the President by

section 571(a)(2), (c) and (d) of Public Law 104-107 are also

delegated to the Secretary, who shall exercise such functions in

accordance with recommendations of the Council and in consultation

with the Secretary of State. The Secretary of State, when

necessary, shall report to the Council regarding the need to review

the implementation of environmental programs pursuant to section

611 of the ATDA Act.

Sec. 2. (a) For purposes of section 1 of this order only, the

membership of the Council shall be expanded to include the

following: the Secretary of Agriculture, the Director of the Office

of Management and Budget, the Chairman of the Council of Economic

Advisers, the Chairman of the Council on Environmental Quality, and

the Administrator of the Environmental Protection Agency.

(b) Whenever matters being considered by the Council may be of

interest to an agency not represented on the Council, the

chairperson may invite a representative of such agency to

participate in meetings and deliberations of the Council.

(c) In the event of a disagreement among agencies represented on

the Council, the Secretary shall refer the issue to the appropriate

Cabinet-level body designated by the President.

Sec. 3. (a) The functions vested in the President by section 607

of the ATDA Act (7 U.S.C. 1738f) are delegated to the Secretary of

State, in consultation with the Department of the Treasury, the

Department of Agriculture, the Department of Commerce, the Council

on Environmental Quality, the Environmental Protection Agency, the

Agency for International Development, and any other agency

determined by the Secretary of State to have an interest in an

environmental framework agreement.

(b) Pursuant to section 610(c) of the ATDA Act (7 U.S.C.

1738i(c)) and section 709(1) of the FAA (22 U.S.C. 2430h(1)), the

Enterprise for the Americas Board shall also advise the Secretary

of State on the negotiations of the environmental framework

agreements and the Americas Framework Agreements.

(c) The Secretary of State shall ensure that the elements and

requirements for the Administering Bodies established in section

607(c) of the ATDA Act and section 708(c) of the FAA (22 U.S.C.

2430g(c)) shall be included in the environmental framework

agreements and the Americas Framework Agreements.

Sec. 4. (a) The six U.S. Government members of the Enterprise for

the Americas Board ("Board") established by section 610 of the

ATDA Act (7 U.S.C. 1738i) shall be representatives from the

Department of State, the Department of the Treasury, the Department

of Agriculture, the Environmental Protection Agency, the Agency for

International Development, and the Inter-American Foundation.

(b) The Department of Commerce and other appropriate agencies may

each send representatives to the meetings of the Board, and such

representatives may participate in the activities of the Board.

(c) The representative from the Department of the Treasury shall

be the chairperson of the Board. The representative from the

Department of State shall be the vice chairperson of the Board. The

representative from the Environmental Protection Agency shall serve

as secretary of the Board.

(1) The chairperson shall be responsible for presiding over the

meetings of the Board, ensuring that the views of all other

participants are taken into account, and coordinating with other

appropriate agencies in assisting the Board in its review of the

fiscal audits conducted pursuant to section 607(c)(4) of the ATDA

Act (7 U.S.C. 1738f(c)(4)) and section 708(c)(3)(C) of the FAA (22

U.S.C. 2430g(c)(3)(C)).

(2) The vice chairperson shall be responsible for serving as

liaison between the Board and local governments, local

nongovernmental organizations, and the local Administering Bodies

in Latin America and the Caribbean, and for coordinating the

international activities related to programs funded under the ATDA

Act and Part IV of the FAA (22 U.S.C. 2430 et seq.).

(3) The secretary of the Board shall be responsible for

coordinating the preparation of materials for Board discussion,

including the technical reviews of the annual programs and reports

required to be submitted to the Board under section 607(c)(5) and

(c)(6) of the ATDA Act and section 708(c)(3)(E) and (F) of the FAA,

and for preparing official minutes of Board discussions.

(d) The five private nongovernmental organization members of the

Board shall be chosen by the President.

Sec. 5. No new agreement under Title I of the Agricultural Trade

Development and Assistance Act of 1954, as amended (7 U.S.C. 1701

et seq.), and no new credit agreement under the Food for Progress

Act of 1985, as amended (7 U.S.C. 1736o), shall be entered into

with any country that is in default with respect to the payment of

principal or interest on any obligation issued pursuant to section

604 of the ATDA Act (7 U.S.C. 1738c) unless such country meets its

obligations or unless the President so authorizes.

Sec. 6. Any references in this order to section 571, or any

subsection of section 571, of Public Law 104-107 shall be deemed to

include references to any hereinafter-enacted provision of law that

is the same or substantially the same as such section 571 or any

subsection thereof.

Sec. 7. This order is intended only to improve the internal

management of the executive branch and is not intended to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its agencies, its officers,

or any person.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 635i-6; title 22

section 2430a.

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