On July 27, 2016, the Federal Register published Executive Order 13733 - Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015 (the Act). The Executive Order delegates the following Presidential functions under the Act:

  • Section 2313A(b) of the Export Enhancement Act of 1988, as added by section 504 of the Act: Secretary of Commerce. The State and Federal Export Promotion Coordination Working Group established by the Secretary of Commerce under this section shall also coordinate with local and municipal governments representing regionally diverse areas.
  • Section 909(d) of the Act: Secretary of State, in consultation with other relevant Federal agencies.
  • Section 915(d) of the Act: Administrator USAID, in consultation with the Secretary of State and the USTR.
  • Section 915(e) of the Act: USTR, in consultation with the Secretary of State.

With respect to engagement on currency exchange rate and economic policies –

  • Prior to undertaking an enhanced analysis of a country pursuant to section 701(a)(2)(A)(ii) of the Act, the Secretary of the Treasury shall seek the views of the USTR on changes in trade restrictions in that country.
  • In exercising the functions under section 701(b)(2)(A) of the Act, the Secretary of the Treasury shall consult with the Secretary of State in making any determination that commencing enhanced bilateral engagement with a country would cause serious harm to the U.S. national security.
  • If the Secretary of the Treasury determines that a country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in section 701(b)(1)(A) of the Act, the Assistant to the President for Economic Policy, in consultation with the Secretary of the Treasury, the USTR, the Secretary of State, and the Secretary of Commerce, shall make a recommendation to the President.

The delegated authority and functions may be redelegated.