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UNDER SECRETARY FOR INDUSTRY AND SECURITY
Number: DOO 10-16
Effective Date: 2017-07-13

SECTION 1.  PURPOSE.

.01       This Order prescribes the scope of authority and the functions of the Under Secretary for Industry and Security.  The principal organizational structure and assignment of functions are prescribed in Department Organization Order 50-1, the “Bureau of Industry and Security” (BIS).

.02       This revision directs the Deputy Under Secretary to perform the functions of the Under Secretary in the latter’s absence or disability or in the event of a vacancy in that office. 

SECTION 2.  ADMINISTRATIVE DESIGNATION.

.01       The Under Secretary for Industry and Security (the Under Secretary), established by Section 15 of the Export Administration Act (EAA) of 1979, as amended (50 U.S.C. § 4617(a)), shall be the head of BIS.  The Under Secretary is appointed by the President by and with the advice and consent of the Senate.

.02       The positions of Assistant Secretary, established by Section 15 of the EAA of 1979, as amended (50 U.S.C. § 4617(a)), are designated the Assistant Secretary for Export Administration and the Assistant Secretary for Export Enforcement.  The Assistant Secretary for Export Administration and the Assistant Secretary for Export Enforcement are appointed by the President by and with the advice and consent of the Senate.

SECTION 3.  STRUCTURE AND SCOPE OF AUTHORITY.

.01     The Under Secretary shall be assisted in carrying out his/her responsibilities by:

a.       The Deputy Under Secretary for Industry and Security.  The Deputy Under Secretary shall perform the functions of the Under Secretary in the event the Under Secretary is unable to carry out his duties or during a vacancy in the office;

b.       The Assistant Secretary for Export Administration;

c.       The Assistant Secretary for Export Enforcement; and

d.       The Chief Financial Officer and Director of Administration.

.02        The Assistant Secretary for Export Administration shall be assisted in carrying out his/her responsibilities by:

a.         The Deputy Assistant Secretary for Export Administration.  The Deputy Assistant Secretary for Export Administration performs the duties of the Assistant Secretary in the event the Assistant Secretary is unable to carry out his duties or during a vacancy in the office;

b.         The Director of the Office of Strategic Industries and Economic Security;

c.         The Director of the Office of Nonproliferation and Treaty Compliance;

d.         The Director of the Office of National Security and Technology Transfer Controls;

e.         The Director of the Office of Exporter Services;

f.          The Director of the Office of Technology Evaluation; and

g.         The Operating Committee Chair.

.03       The Assistant Secretary for Export Enforcement shall be assisted in carrying out his/her responsibilities by:

a.         The Deputy Assistant Secretary for Export Enforcement.  The Deputy Assistant Secretary for Export Enforcement performs the duties of the Assistant Secretary in the event the Assistant Secretary is unable to carry out his duties or during a vacancy in the office;

b.         The Director of the Office of Antiboycott Compliance;

c.         The Director of the Office of Export Enforcement; and

d.         The Director of the Office of Enforcement Analysis.

 

SECTION 4.  DELEGATION OF AUTHORITY.

.01       Pursuant to the authority vested in the Secretary of Commerce (Secretary), the Under Secretary is hereby delegated the following authorities of the Secretary.  The Secretary reserves the authority to provide policy guidance and direction to the Under Secretary (and delegates) to the extent permitted by law regarding the exercise of the authorities delegated by this Section:

a.         The authority from the Act of February 14, 1903, as amended (15 U.S.C. §1501 et seq.), establishing the Department of Commerce to foster, promote, and develop the foreign and domestic commerce of the United States, and related provisions;

b.         The authority conferred on the Secretary under the EAA of 1979, as amended (50 U.S.C. §§ 4601-4623), the International Emergency Economic Powers Act (IEEPA), as amended, (50 U.S.C. §§ 1701-1708) and the reporting responsibilities under Section 401(c) of the National Emergencies Act (50 U.S.C. § 1641(c)), including related executive orders, except that:

1.         The submission of reports to the Congress required by Section 14 of the EAA shall be
reserved to the Secretary.

2.         The power, authority, and discretion to make the determinations required by the confidentiality provisions of Section 12(c), including determinations related to a request under the Freedom of Information Act (5 U.S.C. § 552), shall be reserved to the Under Secretary.  The Under Secretary may delegate to an Assistant Secretary the authority to make such determinations to permit protected information to be made available for official U.S. Government use.

3.         The submission of reports to the Congress required by Section 204(c) of IEEPA (50 U.S.C. § 1703(c)) and Section 401(c) of the National Emergencies Act (50 U.S.C. § 1641(c)) shall be reserved to the Secretary.

c.         Executive Order 11958 of January 18, 1977, as amended, as it pertains to carrying out, on behalf of the Department of State, functions under Section 38(e) of the Arms Export Control Act (22 U.S.C. § 2778(e)) as agreed to by the Departments of Commerce and State.

d.         Section 309(c) of the Nuclear Non-proliferation Act of 1978 (42 U.S.C. § 2139a), pertaining to nuclear exports and other matters.

e.         Sections 103 and 251 of the Energy Policy and Conservation Act (42 U.S.C. § 6212 and 6271) conferred on the Secretary under Executive Order 11912 of April 13, 1976, regarding:

1.         Export restrictions of coal, petroleum products, natural gas or petrochemical feedstocks, and supplies of material or equipment necessary to maintain for further exploration, production, refining, or transportation of energy supplies or for the construction or maintenance of energy facilities within the United States; and

2.         Rules to authorize the export of petroleum and petroleum products as may be necessary for implementation of the obligations of the United States under the International Energy Program.

f.          The delegation of authority, dated June 25, 1962, from the United States Information Agency under Section 5(e) of Executive Order 11034 of June 25, 1962, as amended by Executive Order 11380 of November 8, 1967, regarding the promotion of international trade and collection of contributions under the Mutual Educational and Cultural Exchange Act of 1961, as amended
(22 U.S.C. § 2451 et seq.).

g.         The Defense Production Act of 1950, as amended (50 U.S.C. § 4501 et seq.), conferred on the Secretary under Executive Order 13603 of June 7, 1994, except the authority to create new agencies within the Department of Commerce.

h.         Executive Order 12656 of November 18, 1988, as amended by Executive Order 13286 of February 28, 2003, regarding the development of national emergency plans and preparedness programs.

i.          The National Security Act of 1947, as amended (50 U.S.C. § 3001 et seq.) and Executive Order 12656 of November 18, 1988, regarding mobilization preparedness.

j.          Section 10 of the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. § 98h-1), which creates the interagency Stockpile Market Impact Committee (MIC). Under Executive Order 12626 of February 25, 1988, the President has delegated his authority and responsibility for management of the National Defense Stockpile Program to the Department of Defense (DOD).  The Strategic and Critical Materials Stock Piling Act assigns to the Department of Commerce the authority and responsibility to co-chair the MIC, which is directed to advise the DOD Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from the stockpile.

k.         Section 1441 of the Public Health Service Act, as amended by the Safe Drinking Water Act (42 U.S.C. § 300(j)) conferred on the Secretary under Executive Order 11879 of September 17, 1975, involving materials allocation of chemicals or substances necessary for treatment of water.

l.          Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862) and Section 5(a)(1)(B) of Reorganization Plan No. 3 of 1979, regarding the conduct of national security investigations on imports.

m.        Section 339(b) of the Tariff Act of 1930, as amended (19 U.S.C.§ 1339(b)), as applicable to providing technical assistance to eligible small businesses regarding national security investigations on imports.

n.         Section 824 of the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. § 2531), as amended, concerning review of defense memoranda of understanding.

o.         Section 825 of the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. § 2532), as amended, regarding offset arrangements.

p.         Section 721 of the Defense Production Act, as implemented by Executive Order 12661
of December 27, 1988, concerning review of certain mergers, acquisitions, and takeovers of U.S. persons by foreign persons.

q.         Executive Order 12742 of January 8, 1991, which delegates to the Department of Commerce priority authority for industrial resources under the Selective Service Act and several other laws (similar to the delegation under Executive Order 12919).

r.          Executive Order 12981 of December 5, 1995, amended by Executive Orders 13020 and 13026, regarding administration of export controls and export licensing.

s.         Executive Order 12851 of June 11, 1993, regarding administration of proliferation sanctions, Middle East arms control, and related Congressional reporting responsibilities.

t.          Executive Order 13128 of June 25, 1999, regarding implementation of the Chemical
Weapons Convention and the Chemical Weapons Convention Implementation Act.

u.         Section 6 of the Fastener Quality Act (15 U.S.C. § 5408) relating to remedies and penalties available to enforce the Fastener Quality Act, or any regulation thereunder.

v.         Section 401 of Title 22 U.S.C., as amended, relating to seizure and forfeiture of items being exported in violation of law.

w.        Section 423 of the International Religious Freedom Act of 1998 (22 U.S.C. 6461) concerning license requirements for the export and reexport of certain crime control and detection items to countries of particular concern for religious freedom.

x.         Executive Order 13026 of November 15, 1996, relating to export controls on certain encryption products.

y.         Section 28 of the Mineral Leasing Act, as amended (30 U.S.C. § 185(s)), authorizing the Secretary to issue any rules necessary for implementation of the President’s national interest determination regarding export of Alaskan North Slope oil, including any licensing requirements and conditions, and to recommend, in consultation with the Secretary of Energy, any necessary action to address oil shortages or price increases.

z.         Section 1211 (Export Approvals for High Performance Computers) of the National Defense Authorization Act for Fiscal Year 1998 for certain notifications, reports, and post-shipment verifications of exports of high performance computers.

aa.       Sections 1705(b)-(e) of the Cuban Democracy Act of 1992 (22 U.S.C. § 6004), and the
authority under this act conferred on the Secretary under Executive Order 12854 of July 4, 1993, pertaining to the exportation to Cuba from the United States or from a third country of goods and technology subject to the jurisdiction of the Department of Commerce.

bb.       Section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. § 287c),
and the authority under this act conferred on the Secretary under Executive Order 12918 of May 26, 1994, pertaining to the transfer to Rwanda, or to any other country subject to a United Nations Security Council arms embargo, of arms and related materiel subject to the jurisdiction of the Department of Commerce.

cc.       The authorities conferred on the Secretary under 13 U.S.C. §§ 304-305, which concern the filing of export information, delayed filings, penalties for failure to file, and penalties for unlawful export information activities.

dd.       Section 1503 of the Emergency Wartime Supplement Act of 2003 (Public Law 108-11, 117 Stat. 579) and Presidential Determination No. 2003-23 of May 7, 2003, regarding the submission of quarterly reports to the Congress on licenses approved for export to Iraq of any item on the Commerce Control List.

ee.       Section 305 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010, (Public Law 111-195, 124 Stat. 1312) concerning enforcement authority.

ff.        Section 1262(a) of the National Defense Authorization Act of Fiscal Year 2013 (Public Law 112-239, 126 Stat. 1632), regarding the submission of annual reports to Congress on all licenses and other authorizations to export satellites and related items.

.02       The Under Secretary may exercise other authorities of the Secretary that are necessary
and appropriate to perform the functions assigned in this Order.

.03       Except as otherwise provided in this Order, the Under Secretary may redelegate his/her
authority, subject to such conditions in the exercise of such authority, as he/she may prescribe.  

 

SECTION 5.  FUNCTIONS.

The Under Secretary, acting as such and as head of BIS, shall be the principal officer of the Department of Commerce for carrying out the policies and programs necessary to administer the Export Administration Act, the Export Administration Regulations, and other laws, regulations, and executive orders regarding the control of U.S. exports, antiboycott compliance, fastener quality, foreign technical assistance, industrial base, treaty compliance, and U.S. and foreign defense conversion activities.

 

SECTION 6.  EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 10-16, dated April 13, 2015.

 

Signed By:CFO/ASA performing the non-exclusive duties of the Deputy Secretary

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Page last updated: July 17, 2017