CHAPTER 73 —EXPORT ENHANCEMENT
SUBCHAPTER I—FAIR TRADE IN AUTO PARTS
SUBCHAPTER I–A—FAIR TRADE IN AUTOMOTIVE PARTS
SUBCHAPTER II—GENERAL PROVISIONS
SUBCHAPTER III—EXPORT PROMOTION
SUBCHAPTER I—FAIR TRADE IN AUTO PARTS
§§4701 to 4704. Omitted
Editorial Notes
Codification
Sections 4701 to 4704 were omitted pursuant to section 4704 which provided that the authorities under this subchapter expired on Dec. 31, 1998.
Section 4701,
Section 4702,
Section 4703,
Section 4704,
Statutory Notes and Related Subsidiaries
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title
SUBCHAPTER I–A—FAIR TRADE IN AUTOMOTIVE PARTS
§§4705 to 4705c. Omitted
Editorial Notes
Codification
Sections 4705 to 4705c were omitted pursuant to section 4705c which provided that the authority under this subchapter expired on Dec. 31, 2003.
Section 4705,
Section 4705a,
Section 4705b,
Section 4705c,
SUBCHAPTER II—GENERAL PROVISIONS
§4711. Repealed. Pub. L. 107–228, div. A, title VI, §671(1), Sept. 30, 2002, 116 Stat. 1407
Section,
§4712. Barter and countertrade
(a) Interagency group
(1) Establishment
The President shall establish an interagency group on countertrade, to be composed of representatives of such departments and agencies of the United States as the President considers appropriate. The Secretary of Commerce shall be the chairman of the interagency group.
(2) Functions
It shall be the function of the interagency group to—
(A) review and evaluate—
(i) United States policy on countertrade and offsets, in light of current trends in international countertrade and offsets and the impact of those trends on the United States economy;
(ii) the use of countertrade and offsets in United States exports and bilateral United States foreign economic assistance programs; and
(iii) the need for and the feasibility of negotiating with other countries, through the Organization for Economic Cooperation and Development and other appropriate international organizations, to reach agreements on the use of countertrade and offsets; and
(B) make recommendations to the President and the Congress on the basis of the review and evaluation referred to in subparagraph (A).
(3) Sharing of information
Other departments and agencies of the United States shall provide to the interagency group such information available to such departments and agencies as the interagency group may request, except that the requirements, including penalties for violation thereof, for preserving the confidentiality of such information which are applicable to the officials, employees, experts, or consultants of such departments and agencies shall apply in the same manner to each member of the interagency group and to any other person performing any function under this subsection.
(b) Office of Barter
(1) Establishment
There is established, within the International Trade Administration of the Department of Commerce, the Office of Barter (hereafter in this section referred to as the "Office").
(2) Director
There shall be at the head of the Office a Director, who shall be appointed by the Secretary of Commerce.
(3) Staff
The Secretary of Commerce shall transfer such staff to the Office as the Secretary determines is necessary to enable the Office to carry out its functions under this section.
(4) Functions
It shall be the function of the Office to—
(A) monitor information relating to trends in international barter;
(B) organize and disseminate information relating to international barter in a manner useful to business firms, educational institutions, export-related Federal, State, and local government agencies, and other interested persons, including publishing periodic lists of known commercial opportunities for barter transactions beneficial to United States enterprises;
(C) notify Federal agencies with operations abroad of instances where it would be beneficial to the United States for the Federal Government to barter Government-owned surplus commodities for goods and services purchased abroad by the Federal Government; and
(D) provide assistance to enterprises seeking barter and countertrade opportunities.
(
Statutory Notes and Related Subsidiaries
Composition of Interagency Group
For composition of Interagency Group on Countertrade, see section 2–101 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under
SUBCHAPTER III—EXPORT PROMOTION
§4721. United States and Foreign Commercial Service
(a) Establishment
(1) In general
The Secretary of Commerce shall establish, within the International Trade Administration, the United States and Foreign Commercial Service. The Secretary shall, to the greatest extent practicable, transfer to the Commercial Service the functions and personnel of the United States and Foreign Commercial Services.
(2) Assistant Secretary of Commerce and Director General; other personnel
The head of the Commercial Service shall be the Assistant Secretary of Commerce and Director General of the Commercial Service, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary of Commerce and Director General of the Commercial Service may appoint Commercial Service Officers and such other personnel as may be necessary to carry out the activities of the Commercial Service.
(3) Coordination with foreign policy objectives
The Secretary shall take the necessary steps to ensure that the activities of the Commercial Service are carried out in a manner consistent with United States foreign policy objectives, and the Secretary shall consult regularly with the Secretary of State in order to comply with this paragraph.
(4) Authority of chief of mission
All activities of the Commercial Service shall be subject to section 207 of the Foreign Service Act of 1980 (
(b) Statement of purpose
The Commercial Service shall place primary emphasis on the promotion of exports of goods and services from the United States, particularly by small businesses and medium-sized businesses, and on the protection of United States business interests abroad by carrying out activities such as—
(1) identifying United States businesses with the potential to export goods and services and providing such businesses with advice and information on establishing export businesses;
(2) providing United States exporters with information on economic conditions, market opportunities, the status of the intellectual property system in such country, and the legal and regulatory environment within foreign countries;
(3) providing United States exporters with information and advice on the necessary adaptation of product design and marketing strategy to meet the differing cultural and technical requirements of foreign countries;
(4) providing United States exporters with actual leads and an introduction to contacts within foreign countries;
(5) assisting United States exporters in locating reliable sources of business services in foreign countries;
(6) assisting United States exporters in their dealings with foreign governments and enterprises owned by foreign governments;
(7) assisting the coordination of the efforts of State and local agencies and private organizations which seek to promote United States business interests abroad so as to maximize their effectiveness and minimize the duplication of efforts;
(8) utilizing district and foreign offices as one-stop shops for United States exporters by providing exporters with information on all export promotion and export finance activities of the Federal Government, assisting exporters in identifying which Federal programs may be of greatest assistance, and assisting exporters in making contact with the Federal programs identified; and
(9) providing United States exporters and export finance institutions with information on all financing and insurance programs of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Trade and Development Program, and the Small Business Administration, including providing assistance in completing applications for such programs and working with exporters and export finance institutions to address any deficiencies in such applications that have been submitted.
(c) Offices
(1) In general
The Commercial Service shall conduct its activities at a headquarters office, district offices located in major United States cities, and foreign offices located in major foreign cities.
(2) Headquarters
The headquarters of the Commercial Service shall provide such managerial, administrative, research, and other services as the Secretary considers necessary to carry out the purposes of the Commercial Service.
(3) District offices
The Secretary shall establish district offices of the Commercial Service in any United States city in a region in which the Secretary determines that there is a need for Federal Government export assistance.
(4) Foreign offices
(A) The Secretary may, after consultation with the Secretary of State, establish foreign offices of the Commercial Service. These offices shall be located in foreign cities in regions in which the Secretary determines there are significant business opportunities for United States exporters.
(B) The Secretary may, in consultation with the Secretary of State, assign to the foreign offices Commercial Service Officers and such other personnel as the Secretary considers necessary. In employing Commercial Service Officers and such other personnel, the Secretary shall use the Foreign Service personnel system in accordance with the Foreign Service Act of 1980 [
(C) Upon the request of the Secretary, the Secretary of State shall attach the Commercial Service Officers and other employees of each foreign office to the diplomatic mission of the United States in the country in which that foreign office is located, and shall obtain for them diplomatic privileges and immunities equivalent to those enjoyed by Foreign Service personnel of comparable rank and salary.
(D) For purposes of official representation, the senior Commercial Service Officer in each country shall be considered to be the senior commercial representative of the United States in that country, and the United States chief of mission in that country shall accord that officer all privileges and responsibilities appropriate to the position of senior commercial representative of other countries.
(E) The Secretary of State is authorized, upon the request of the Secretary, to provide office space, equipment, facilities, and such other administrative and clerical services as may be required for the operation of the foreign offices. The Secretary is authorized to reimburse or advance funds to the Secretary of State for such services.
(F) The authority of the Secretary under this paragraph shall be subject to
(d) Rank of Commercial Service Officers in foreign missions
(1) Minister-Counselor
Notwithstanding any other provision of law, the Secretary is authorized to designate up to 16 United States missions abroad at which the senior Commercial Service Officer will be able to use the diplomatic title of Minister-Counselor. The Secretary of State shall accord the diplomatic title of Minister-Counselor to the senior Commercial Service Officer assigned to a United States mission so designated.
(2) Consul General
In any United States consulate in which a vacancy occurs in the position of Consul General, the Secretary of State, in consultation with the Secretary, shall consider filling that vacancy with a Commercial Service Officer if the primary functions of the consulate are of a commercial nature and if there are significant business opportunities for United States exporters in the region in which the consulate is located.
(e) Information dissemination
In order to carry out subsection (b)(7), to lessen the cost of distribution of information produced by the Commercial Service, and to make that information more readily available, the Secretary should establish a system for distributing that information in those areas where no district offices of the Commercial Service are located. Distributors of the information should be State export promotion agencies or private export and trade promotion associations. The distribution system should be consistent with cost recovery objectives of the Department of Commerce.
(f) Cooperation in Federal financing and insurance programs
To assist the Commercial Service in carrying out subsection (b)(9), and consistent with the provisions of
(1) provide to the Commercial Service complete and current information on all of its programs and financing practices; and
(2) undertake a training program regarding such programs and practices for Commercial Service Officers who are designated by the Assistant Secretary of Commerce and Director General of the Commercial Service.
(g) Audits
The Inspector General of the Department of Commerce shall perform periodic audits of the operations of the Commercial Service, but at least once every 3 years. The Inspector General shall report to the Congress the results of each such audit. In addition to an overview of the activities and effectiveness of Commercial Service operations, the audit shall include—
(1) an evaluation of the current placement of domestic personnel and recommendations for transferring personnel among district offices;
(2) an evaluation of the current placement of foreign-based personnel and recommendations for transferring such personnel in response to newly emerging business opportunities for United States exporters; and
(3) an evaluation of the personnel system and its management, including the recruitment, assignment, promotion, and performance appraisal of personnel, the use of limited appointees, and the "time-in-class" system.
(h) Report by Secretary
Not later than 1 year after August 23, 1988, the Secretary shall submit a report to the Congress on the feasibility and desirability, the progress to date, the present status, and the 5-year outlook, of the comprehensive integration of the functions and personnel of the foreign and domestic export promotion operations within the International Trade Administration of the Department of Commerce.
(i) Omitted
(j) Definitions
For purposes of this section—
(1) the term "Secretary" means the Secretary of Commerce;
(2) the term "Commercial Service" means the United States and Foreign Commercial Service;
(3) the term "United States exporter" means—
(A) a United States citizen;
(B) a corporation, partnership, or other association created under the laws of the United States or of any State; or
(C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B),
that exports, or seeks to export, goods or services produced in the United States;
(4) the term "small business" means any small business concern as defined under
(5) the term "State" means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and
(6) the term "United States" means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsec. (c)(4)(B), is
Codification
Section is comprised of section 2301 of
Amendments
2018—Subsec. (b)(9).
Subsec. (f).
1992—Subsec. (b)(8), (9).
Subsec. (d)(1).
Subsecs. (f) to (j).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to reporting results of audits to Congress, see section 3003 of
1 So in original. Probably should be "Commercial Service Officer".
§4721a. State trade coordination
(a) Omitted
(b) Federal and State export promotion coordination plan
(1) In general
The Secretary of Commerce, acting through the Trade Promotion Coordinating Committee and in coordination with representatives of State trade promotion agencies, shall develop a comprehensive plan to integrate the resources and strategies of State trade promotion agencies into the overall Federal trade promotion program.
(2) Matters to be included
The plan required under paragraph (1) shall include the following:
(A) A description of the role of State trade promotion agencies in assisting exporters.
(B) An outline of the role of State trade promotion agencies and how it is different from Federal agencies located within or providing services within the State.
(C) A plan on how to utilize State trade promotion agencies in the Federal trade promotion program.
(D) An explanation of how Federal and State agencies will share information and resources.
(E) A description of how Federal and State agencies will coordinate education and trade events in the United States and abroad.
(F) A description of the efforts to increase efficiency and reduce duplication.
(G) A clear identification of where businesses can receive appropriate international trade information under the plan.
(3) Deadline
The plan required under paragraph (1) shall be finalized and submitted to Congress not later than 12 months after February 24, 2016.
(c) Annual Federal-State export strategy
(1) In general
The Secretary of Commerce, acting through the head of the United States Foreign and Commercial Service,1 shall develop an annual Federal-State export strategy for each State that submits to the Secretary of Commerce its export strategy for the upcoming calendar year. In developing an annual Federal-State export strategy under this paragraph, the Secretary of Commerce shall take into account the Federal and State export promotion coordination plan developed under subsection (b).
(2) Matters to be included
The Federal-State export strategy required under paragraph (1) shall include the following:
(A) The State's export strategy and economic goals.
(B) The State's key sectors and industries of focus.
(C) Possible foreign and domestic trade events.
(D) Efforts to increase efficiencies and reduce duplication.
(3) Report
The Federal-State export strategy required under paragraph (1) shall be submitted to the Trade Promotion Coordinating Committee not later than February 1, 2017, and February 1 of each year thereafter.
(d) Coordinated metrics and information sharing
(1) In general
The Secretary of Commerce, in coordination with representatives of State trade promotion agencies, shall develop a framework to share export success information, and develop a coordinated set of reporting metrics.
(2) Report to Congress
Not later than one year after February 24, 2016, the Secretary of Commerce shall submit to Congress a report that contains the framework and reporting metrics required under paragraph (1).
(e) Omitted
(
Editorial Notes
Codification
Section was enacted as part of the Small Business Trade Enhancement Act of 2015 or the State Trade Coordination Act, and also as part of the Trade Facilitation and Trade Enforcement Act of 2015, and not as part of the Export Enhancement Act of 1988 which enacted this chapter.
Section is comprised of section 505 of
1 So in original. Probably should be "United States and Foreign Commercial Service,".
§4722. Transferred
Editorial Notes
Codification
Section,
§4723. Market Development Cooperator Program
(a) Authority of Secretary of Commerce
In order to promote further the exportation of goods and services from the United States, the Secretary of Commerce is authorized to establish, in the International Trade Administration of the Department of Commerce, a Market Development Cooperator Program. The purpose of the program is to develop, maintain, and expand foreign markets for nonagricultural goods and services produced in the United States.
(b) Implementation of Program
The Secretary of Commerce shall carry out the Market Development Cooperator Program by entering into contracts with—
(1) nonprofit industry organizations,
(2) trade associations,
(3) State departments of trade and their regional associations, including centers for international trade development, and
(4) private industry firms or groups of firms in cases where no entity described in paragraph (1), (2), or (3) represents that industry,
(in this section referred to as "cooperators") to engage in activities in order to carry out the purpose of the Market Development Cooperator Program set forth in subsection (a). The costs of activities under such a contract shall be shared equitably among the Department of Commerce, the cooperator involved, and, whenever appropriate, foreign businesses. The Department of Commerce shall undertake to support direct costs of activities under such a contract, and the cooperator shall undertake to support indirect costs of such activities. Activities under such a contract shall be carried out by the cooperator with the approval and assistance of the Secretary.
(c) Cooperator partnership program
(1) In general
(A) As part of the Market Development Cooperator Program established under subsection (a), the Secretary of Commerce shall establish a partnership program with cooperators under which a cooperator may detail individuals, subject to the approval of the Secretary, to the United States and Foreign Commercial Service for a period of not less than 1 year or more than 2 years to supplement the Commercial Service.
(B) Any individual detailed to the United States and Foreign Commercial Service under this subsection shall be responsible for such duties as the Secretary may prescribe in order to carry out the purpose of the Market Development Cooperator Program set forth in subsection (a).
(C) Individuals detailed to the United States and Foreign Commercial Service under this subsection shall not be considered to be employees of the United States for the purposes of any law administered by the Office of Personnel Management, except that the Secretary of State may determine the applicability to such individuals of
(2) Qualifications of participants
In order to qualify for the program established under this subsection, individuals shall have demonstrated expertise in the international business arena in at least 2 of the following areas: marketing, market research, and computer data bases.
(3) Expenses of the program
(A) The cooperator who details an individual to the United States and Foreign Commercial Service under this subsection shall be responsible for that individual's salary and related expenses, including health care, life insurance, and other noncash benefits, if any, normally paid by such cooperator.
(B) The Secretary of Commerce shall pay transportation and housing costs for each individual participating in the program established under this subsection.
(d) Budget Act
Contracts may be entered into under this section in a fiscal year only to such extent or in such amounts as are provided in appropriations Acts.
(
§4723a. United States Commercial Centers
(a) Establishment
The Secretary of Commerce, in his or her role as chairperson of the Trade Promotion Coordinating Committee, is authorized and encouraged to establish United States Commercial Centers (hereinafter in this section referred to as "Centers") in Asia, in Latin America, and in Africa.
(b) Purpose of Centers
The purpose of the Centers shall be to provide additional resources for the promotion of exports of United States goods and services to the host countries, by familiarizing United States exporters with the industries, markets, and customs of the host countries, thus facilitating commercial ties and trade.
(c) Functions of Centers
Each Center shall—
(1) collect and publish economic and market data with respect to the host country;
(2) provide, on a user-fee basis, preliminary technical and clerical assistance, language translation, and administrative assistance, and information regarding the legal systems, laws, regulations, and procedures of the host country, to United States exporters seeking to do business in the host country; and
(3) in other ways promote exports of United States goods and services to the host country.
(d) Specific services to be provided
To carry out its objectives, each Center shall make available the following (on a user-fee basis):
(1) Business facilities
Business facilities, including exhibition space, conference rooms, office space (including telephones and other basic office equipment), and, where warranted by impeding deficiencies in the public system, high quality international telecommunications facilities.
(2) Business services
Business support services, including language translation services, clerical services, and a commercial library containing a comprehensive collection of reference materials covering United States and host country industries and markets.
(3) Commercial law information services
Commercial law information services, including—
(A) a clearinghouse for information regarding the relevant commercial laws, practices, and regulations of the host country;
(B) publications to assist United States businesses;
(C) legal referral services; and
(D) lists of local agents and distributors.
(e) Other trade promotion activities
Each Center shall also promote United States export trade by—
(1) facilitating contacts between buyers, sellers, bankers, traders, distributors, agents, and necessary government officials from the United States and the host country;
(2) coordinating trade missions; and
(3) assisting with applications, contracts, and clearances for imports into the host country and exports from the United States.
(f) Staffing of Centers
Each Center shall be staffed by members of the United States and Foreign Commercial Service, participants in the Market Development Cooperator Program established under
(g) Center facilities and their relationship to United States Department of Commerce operations in host countries
(1) Physical accommodations for the Centers
The Secretary of Commerce shall locate each Center in the primary commercial city of the host country. The Secretary shall acquire office space, exhibition space, and other facilities and equipment that are necessary for each Center to perform its functions. To the extent feasible, each Center shall be located in the central commercial district of the host city.
(2) Consolidation of Department of Commerce operations in host countries
For the purpose of obtaining maximum effectiveness and efficiency and to the extent consistent with the purposes of the Centers, the Secretary of Commerce is encouraged to place all personnel of the Department of Commerce who are assigned to the city in which a Center is located in the same facilities as those in which the Center conducts its activities.
(h) Use of Market Development Cooperator Program
The Secretary of Commerce shall, to the greatest extent feasible, use the Market Development Cooperator Program established under
(i) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce to carry out this section $8,000,000 for fiscal year 1993, and $5,500,000 for fiscal year 1994. Funds made available under this subsection may be used for the acquisition of real property.
(j) Repealed. Pub. L. 104–66, title I, §1021(b), Dec. 21, 1995, 109 Stat. 712
(k) Definitions
For purposes of this section—
(1) the term "United States exporter" means—
(A) a United States citizen,
(B) a corporation, partnership, or other association created under the laws of the United States or of any State, or
(C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B),
that exports, or seeks to export, goods or services produced in the United States;
(2) the term "State" means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and
(3) the term "United States" means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(
Editorial Notes
Codification
Section was enacted as part of the Jobs Through Exports Act of 1992, and not as part of the Export Enhancement Act of 1988 which enacted this chapter.
Amendments
1995—Subsec. (j).
§4724. Trade shows
(a) Authority of Secretary of Commerce
In order to facilitate exporting by United States businesses, the Secretary of Commerce shall provide assistance for trade shows in the United States which bring together representatives of United States businesses seeking to export goods or services produced in the United States and representatives of foreign companies or governments seeking to buy such goods or services from these United States businesses.
(b) Recipients of assistance
Assistance under subsection (a) may be provided to—
(1) nonprofit industry organizations,
(2) trade associations,
(3) foreign trade zones, and
(4) private industry firms or groups of firms in cases where no entity described in paragraph (1), (2), or (3) represents that industry,
to provide the services necessary to operate trade shows described in subsection (a).
(c) Assistance to small businesses
In providing assistance under this section, the Secretary of Commerce shall, in consultation with the Administrator of the Small Business Administration, make special efforts to facilitate participation by small businesses and companies new to export.
(d) Uses of assistance
Funds appropriated to carry out this section shall be used to—
(1) identify potential participants for trade show organizers,
(2) provide information on trade shows to potential participants,
(3) supply language services for participants, and
(4) provide information on trade shows to small businesses and companies new to export.
(e) Definitions
As used in this section—
(1) the term "United States business" means—
(A) a United States citizen;
(B) a corporation, partnership, or other association created under the laws of the United States or of any State (including the District of Columbia or any commonwealth, territory, or possession of the United States); or
(C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B); and
(2) the term "small business" means any small business concern as defined under
(
§4725. United States and Foreign Commercial Service Pacific Rim initiative
(a) In general
In order to encourage the export of United States goods and services to Japan, South Korea, and Taiwan, the United States and Foreign Commercial Service shall make a special effort to—
(1) identify United States goods and services which are not being exported to the markets of Japan, South Korea, and Taiwan but which could be exported to these markets under competitive market conditions;
(2) identify and notify United States persons who sell or provide such goods or services of potential opportunities identified under paragraph (1);
(3) present, periodically, a list of the goods and services identified under paragraph (1), together with a list of any impediments to the export of such goods and services, to appropriate authorities in Japan, South Korea, and Taiwan, with a view toward liberalizing markets to such goods and services;
(4) facilitate the entrance into such markets by United States persons identified and notified under paragraph (2); and
(5) monitor and evaluate the results of efforts to increase the sale of goods and services in such markets.
(b) Reports to Congress
The Secretary of Commerce shall report periodically to the Congress on activities carried out under subsection (a).
(c) "United States person" defined
As used in this section, the term "United States person" means—
(1) a United States citizen; or
(2) a corporation, partnership, or other association created under the laws of the United States or any State (including the District of Columbia or any commonwealth, territory, or possession of the United States).
(
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (b) of this section is listed on page 51), see section 3003 of
§4726. Indian tribes export promotion
(a) Assistance authorized
The Secretary of Commerce is authorized to provide assistance to eligible entities for the development of foreign markets for authentic American Indian arts and crafts. Eligible entities under this section include Indian tribes, tribal organizations, tribal enterprises, craft guilds, marketing cooperatives, and individual Indian-owned businesses.
(b) Activities eligible for assistance
Activities eligible for assistance under this section include, but are not limited to, conduct of market surveys, development of promotional materials, financing of trade missions, participation in international trade fairs, direct marketing, and other market development activities.
(c) Administration of assistance
Assistance under this section shall be administered by the Secretary of Commerce under guidelines developed by the Secretary. Priority shall be given to projects which support the establishment of long term, stable international markets for American Indian arts and crafts and which are designed to provide the greatest economic benefit to American Indian artisans.
(d) Technical and other assistance
The Secretary of Commerce shall provide technical assistance and support services to applicants eligible for and entities receiving assistance under this section for the purpose of helping them in identifying and entering appropriate foreign markets, complying with foreign and domestic legal and banking requirements regarding the export and import of arts and crafts, and utilizing import and export financial arrangements, and shall provide such other assistance as may be necessary to support the development of export markets for American Indian arts and crafts.
(e) Limitation on assistance
No assistance shall be provided under this section in support of any activity which includes the sale or marketing of any craft items other than authentic arts and crafts hand made or hand crafted by American Indian artisans.
(
§4727. Trade Promotion Coordinating Committee
(a) Establishment and purpose
The President shall establish the Trade Promotion Coordinating Committee (hereafter in this section referred to as the "TPCC"). The purpose of the TPCC shall be—
(1) to provide a unifying framework to coordinate the export promotion and export financing activities of the United States Government; and
(2) to develop a governmentwide strategic plan for carrying out Federal export promotion and export financing programs.
(b) Duties
The TPCC shall—
(1) coordinate the development of the trade promotion policies and programs of the United States Government;
(2) provide a central source of information for the business community on Federal export promotion and export financing programs;
(3) coordinate official trade promotion efforts to ensure better delivery of services to United States businesses, including—
(A) information and counseling on United States export promotion and export financing programs and opportunities in foreign markets;
(B) representation of United States business interests abroad; and
(C) assistance with foreign business contacts and projects;
(4) prevent unnecessary duplication in Federal export promotion and export financing activities;
(5) assess the appropriate levels and allocation of resources among agencies in support of export promotion and export financing and provide recommendations to the President based on its assessment; and
(6) carry out such other duties as are deemed to be appropriate, consistent with the purpose of the TPCC.
(c) Strategic plan
To carry out subsection (b), the TPCC shall develop and implement a governmentwide strategic plan for Federal trade promotion efforts. Such plan shall—
(1) establish a set of priorities for Federal activities in support of United States exports and explain the rationale for the priorities;
(2) review current Federal programs designed to promote the sale of United States exports in light of the priorities established under paragraph (1) and develop a plan to bring such activities into line with the priorities and to improve coordination of such activities;
(3) identify areas of overlap and duplication among Federal export promotion activities and propose means of eliminating them;
(4) propose to the President an annual unified Federal trade promotion budget that supports the plan for priority activities and improved coordination established under paragraph (2) and eliminates funding for the areas of overlap and duplication identified under paragraph (3);
(5) review efforts by the States (as defined in
(6) reflect the recommendations of the United States National Tourism Organization to the degree considered appropriate by the TPCC; and
(7) in coordination with State trade promotion agencies, include a survey and analysis regarding the overall effectiveness of Federal-State coordination and export promotion goals on an annual basis, to further include best practices, recommendations to better assist small businesses, and other relevant matters.
(d) Membership
(1) In general
Members of the TPCC shall include representatives from—
(A) the Department of Commerce;
(B) the Department of State;
(C) the Department of the Treasury;
(D) the Department of Agriculture;
(E) the Department of Energy;
(F) the Department of Transportation;
(G) the Office of the United States Trade Representative;
(H) the Small Business Administration;
(I) the Agency for International Development;
(J) the Trade and Development Program;
(K) the United States International Development Finance Corporation;
(L) the Export-Import Bank of the United States; and
(M) at the discretion of the President, such other departments or agencies as may be necessary.
(2) Representatives from State trade promotion agencies
The TPCC shall also include 1 or more members appointed by the President who are representatives of State trade promotion agencies.
(3) Chairperson
The Secretary of Commerce shall serve as the chairperson of the TPCC.
(e) Member qualifications
Members of the TPCC (other than members described in subsection (d)(2)) shall be appointed by the heads of their respective departments or agencies. Such members, as well as alternates designated by any members unable to attend a meeting of the TPCC, shall be individuals who exercise significant decisionmaking authority in their respective departments or agencies.
(f) Report to Congress
The chairperson of the TPCC shall prepare and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on International Relations of the House of Representatives, not later than March 30 of each year, a report describing—
(1) the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of such plan (including implementation of the survey and analysis described in paragraph (7) of that subsection), and any revisions thereto; and
(2) the implementation of
(
Editorial Notes
References in Text
Amendments
2018—Subsec. (d)(1)(K).
2016—Subsec. (c)(7).
Subsec. (d)(2), (3).
Subsec. (e).
Subsec. (f)(1).
1999—Subsec. (f).
1996—Subsec. (c)(6).
1995—Subsec. (f).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2018 Amendment
Amendment by
Availability of State Resources Guides on Export.gov
"(1) organized by State; and
"(2) including information on State agencies with responsibility for export promotion or export financing and district export councils and trade associations located in the State."
Executive Documents
Ex. Ord. No. 12870. Trade Promotion Coordinating Committee
Ex. Ord. No. 12870, Sept. 30, 1993, 58 F.R. 51753, as amended by Ex. Ord. No. 13286, §26, Feb. 28, 2003, 68 F.R. 10625, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Export Enhancement Act of 1992 (
(a) Department of Commerce;
(b) Department of State;
(c) Department of the Treasury;
(d) Department of Agriculture;
(e) Department of Energy;
(f) Department of Transportation;
(g) Department of Defense;
(h) Department of Labor;
(i) Department of the Interior;
(j) Department of Homeland Security;
(k) Agency for International Development;
(l) Trade and Development Agency;
(m) Environmental Protection Agency;
(n) United States Information Agency;
(o) Small Business Administration;
(p) Overseas Private Investment Corporation [now United States International Development Finance Corporation];
(q) Export-Import Bank of the United States;
(r) Office of the United States Trade Representative;
(s) Council of Economic Advisers;
(t) Office of Management and Budget;
(u) National Economic Council;
(v) National Security Council; and
(w) at the discretion of the President, such other departments or agencies as may be necessary.
Members of the TPCC shall be appointed by the heads of their respective departments or agencies. Such members, as well as their designated alternatives, shall be individuals who exercise significant decision-making authority in their respective departments or agencies.
(a) coordinate the development of the trade promotion policies and programs of the United States Government;
(b) provide a central source of information for the business community on Federal export promotion and export financing programs;
(c) coordinate official trade promotion efforts to ensure better delivery of services to U.S. businesses, including:
(1) information and counseling on U.S. export promotion and export financing programs and opportunities in foreign markets;
(2) representation of U.S. business interests abroad; and
(3) assistance with foreign business contacts and projects;
(d) prevent unnecessary duplication in Federal export promotion and export financing activities;
(e) assess the appropriate levels and allocation of resources among agencies in support of export promotion and export financing and provide recommendations, through the Director of the Office of Management and Budget to the President, based on its assessment; and
(f) carry out such other duties as are deemed to be appropriate, consistent with the purpose of the TPCC.
(a) establish a set of priorities for Federal activities in support of U.S. exports and explain the rationale for the priorities;
(b) review current Federal programs designed to promote the sale of U.S. exports in light of the priorities established under paragraph (a) of this section and develop a plan to bring such activities into line with those priorities and to improve coordination of such activities;
(c) identify areas of overlap and duplication among Federal export promotion activities and propose means of eliminating them;
(d) propose, through the Director of the Office of Management and Budget, to the President an annual unified Federal trade promotion budget that supports the plan for priority activities and improved coordination established under paragraph (b) of this section and eliminates funding for the areas of overlap and duplication identified under paragraph (c) of this section; and
(e) review efforts by the States to promote U.S. exports and propose means of developing cooperation between State and Federal efforts, including co-location, cost-sharing between Federal and State export promotion programs, and sharing of market research data.
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see
Ex. Ord. No. 13534. National Export Initiative
Ex. Ord. No. 13534, Mar. 11, 2010, 75 F.R. 12433, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Export Enhancement Act of 1992,
The National Export Initiative (NEI) shall be an Administration initiative to improve conditions that directly affect the private sector's ability to export. The NEI will help meet my Administration's goal of doubling exports over the next 5 years by working to remove trade barriers abroad, by helping firms—especially small businesses—overcome the hurdles to entering new export markets, by assisting with financing, and in general by pursuing a Government-wide approach to export advocacy abroad, among other steps.
(a) the Secretary of State;
(b) the Secretary of the Treasury;
(c) the Secretary of Agriculture;
(d) the Secretary of Commerce;
(e) the Secretary of Labor;
(f) the Director of the Office of Management and Budget;
(g) the United States Trade Representative;
(h) the Assistant to the President for Economic Policy;
(i) the National Security Advisor;
(j) the Chair of the Council of Economic Advisers;
(k) the President of the Export-Import Bank of the United States;
(l) the Administrator of the Small Business Administration;
(m) the President of the Overseas Private Investment Corporation [now United States International Development Finance Corporation];
(n) the Director of the United States Trade and Development Agency; and
(o) the heads of other executive branch departments, agencies, and offices as the President may, from time to time, designate.
The Export Promotion Cabinet shall meet periodically and report to the President on the progress of the NEI. A member of the Export Promotion Cabinet may designate, to perform the NEI-related functions of that member, a senior official from the member's department or agency who is a full-time officer or employee. The Export Promotion Cabinet may also establish subgroups consisting of its members or their designees, and, as appropriate, representatives of other departments and agencies. The Export Promotion Cabinet shall coordinate with the Trade Promotion Coordinating Committee (TPCC), established by Executive Order 12870 of September 30, 1993.
(a) Exports by Small and Medium-Sized Enterprises (SMEs). Members of the Export Promotion Cabinet shall develop programs, in consultation with the TPCC, designed to enhance export assistance to SMEs, including programs that improve information and other technical assistance to first-time exporters and assist current exporters in identifying new export opportunities in international markets.
(b) Federal Export Assistance. Members of the Export Promotion Cabinet, in consultation with the TPCC, shall promote Federal resources currently available to assist exports by U.S. companies.
(c) Trade Missions. The Secretary of Commerce, in consultation with the TPCC and, to the extent possible, with State and local government officials and the private sector, shall ensure that U.S. Government-led trade missions effectively promote exports by U.S. companies.
(d) Commercial Advocacy. Members of the Export Promotion Cabinet, in consultation with other departments and agencies and in coordination with the Advocacy Center at the Department of Commerce, shall take steps to ensure that the Federal Government's commercial advocacy effectively promotes exports by U.S. companies.
(e) Increasing Export Credit. The President of the Export-Import Bank, in consultation with other members of the Export Promotion Cabinet, shall take steps to increase the availability of credit to SMEs.
(f) Macroeconomic Rebalancing. The Secretary of the Treasury, in consultation with other members of the Export Promotion Cabinet, shall promote balanced and strong growth in the global economy through the G20 Financial Ministers' process or other appropriate mechanisms.
(g) Reducing Barriers to Trade. The United States Trade Representative, in consultation with other members of the Export Promotion Cabinet, shall take steps to improve market access overseas for our manufacturers, farmers, and service providers by actively opening new markets, reducing significant trade barriers, and robustly enforcing our trade agreements.
(h) Export Promotion of Services. Members of the Export Promotion Cabinet shall develop a framework for promoting services trade, including the necessary policy and export promotion tools.
(i) authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 13630. Establishment of an Interagency Task Force on Commercial Advocacy
Ex. Ord. No. 13630, Dec. 6, 2012, 77 F.R. 73893, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to help level the playing field on behalf of U.S. businesses and workers competing for international contracts against foreign firms and to facilitate the growth of sales of U.S. goods and services around the world in support of the National Export Initiative, it is hereby ordered as follows:
(a) The Task Force shall be chaired by the Secretary of Commerce (Chair) and consist of senior-level officials from the following executive departments and agencies (agencies) designated by the heads of those agencies:
(i) Department of State;
(ii) Department of the Treasury;
(iii) Department of Defense;
(iv) Department of Agriculture;
(v) Department of Health and Human Services;
(vi) Department of Transportation;
(vii) Department of Energy;
(viii) Department of Homeland Security;
(ix) United States Agency for International Development;
(x) Export-Import Bank of the United States;
(xi) Millennium Challenge Corporation;
(xii) Overseas Private Investment Corporation [now United States International Development Finance Corporation];
(xiii) Small Business Administration;
(xiv) United States Trade and Development Agency; and
(xv) such other agencies as the President, or the Chair, may designate.
(b) The Chair shall designate a senior-level official of the Department of Commerce as the Executive Director of the Task Force, who shall be responsible for regularly convening and presiding over the meetings of the Task Force, determining its agenda, and guiding its work in fulfilling its functions under this order in coordination with the Advocacy Center at the Department of Commerce.
(a) review and prioritize commercial advocacy cases in which the Advocacy Center at the Department of Commerce has approved the provision of commercial advocacy services, and coordinate the activities of relevant agencies to enhance Federal support for such cases, in order to increase the success of U.S. exporters competing for foreign procurements;
(b) coordinate the engagement of agency leadership with their foreign counterparts regarding commercial advocacy issues, particularly with respect to their foreign travel and other occasions for engagement with foreign officials, and evaluate reports on the outcomes of such engagement, in order to increase the number of senior-level agency officials regularly and effectively advocating on behalf of U.S. exporters;
(c) develop strategies to raise the awareness of commercial advocacy assistance within the U.S. business community in order to increase the number of U.S. businesses utilizing commercial advocacy services;
(d) institute processes to obtain and distribute information about foreign procurement opportunities that may be of interest to U.S. businesses in order to expand awareness of opportunities for U.S. businesses to sell their goods and services to foreign governments;
(e) facilitate voluntary short-term personnel exchanges, not to exceed 120 days, between the Department of Commerce and other Task Force agencies, in order to cross-train Federal personnel to better serve U.S. exporters; and
(f) submit a progress report to the Export Promotion Cabinet every 180 days, which should include, but not be limited to, the number of commercial advocacy cases opened and successfully concluded, the number of commercial advocacy engagements by senior-level agency officials, and the number of U.S. businesses utilizing commercial advocacy services. The Advocacy Center at the Department of Commerce will be responsible for managing and tracking all commercial advocacy reporting for the Task Force.
(a) the term "commercial advocacy" shall mean Federal support for U.S. firms competing for foreign project or procurement opportunities; and
(b) the term "foreign project or procurement opportunities" shall mean export opportunities, including defense export opportunities, for U.S. businesses that involve foreign government decisionmakers, including foreign government-owned corporations.
(b) Nothing in this order shall be construed to impair or otherwise effect [sic]:
(i) the authority granted by law, regulation, Executive Order, or Presidential Directive to an executive department, agency, or the head thereof; and
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 13675. Establishing the President's Advisory Council on Doing Business in Africa
Ex. Ord. No. 13675, Aug. 5, 2014, 79 F.R. 46661, as amended by Ex. Ord. No. 13734, §2, Aug. 3, 2016, 81 F.R. 52321, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote broad-based economic growth and job creation in the United States and Africa by encouraging U.S. companies to trade with and invest in Africa, it is hereby ordered as follows:
(b) Members of the Advisory Council shall be appointed by the Secretary of Commerce, in consultation with the Trade Promotion Coordinating Committee (TPCC), which was authorized by statute in 1992 (
(b) In providing the advice described in subsection (a) of this section, the Advisory Council shall provide information, analysis, and recommendations to the President that address the following, in addition to other topics deemed relevant by the President, the Secretary of Commerce, or the Advisory Council:
(i) creating jobs in the United States and Africa through trade and investment;
(ii) developing strategies by which the U.S. private sector can identify and take advantage of trade and investment opportunities in Africa;
(iii) building lasting commercial partnerships between the U.S. and African private sectors;
(iv) facilitating U.S. business participation in Africa's infrastructure development;
(v) contributing to the growth and improvement of Africa's agricultural sector by encouraging partnerships between U.S. and African companies to bring innovative agricultural technologies to Africa;
(vi) making available to the U.S. private sector an accurate understanding of the opportunities presented for increasing trade with and investment in Africa;
(vii) developing and strengthening partnerships and other mechanisms to increase U.S. public and private sector financing of trade with and investment in Africa;
(viii) analyzing the effect of policies in the United States and Africa on U.S. trade and investment interests in Africa;
(ix) identifying other means to expand commercial ties between the United States and Africa; and
(x) building the capacity of Africa's young entrepreneurs to develop trade and investment ties with U.S. partners.
(b) Members of the Advisory Council shall serve without either compensation or reimbursement of expenses.
(c) The Secretary of Commerce shall designate a senior officer or employee of the Department of Commerce to serve as the Executive Director for the Advisory Council.
(d) The Secretary of Commerce shall consult with the TPCC on matters and activities pertaining to the Advisory Council, including on activities related to implementation of the advice of the Advisory Council. The Secretary of Commerce shall invite representatives of TPCC agencies to attend meetings of the Advisory Council when issues relevant to their responsibilities are to be considered.
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) Insofar as the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see
Barack Obama.
Extension of Term of President's Advisory Council on Doing Business in Africa
Term of President's Advisory Council on Doing Business in Africa extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under
Previous extensions of term of President's Advisory Council on Doing Business in Africa were contained in the following prior Executive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13797. Establishment of Office of Trade and Manufacturing Policy
Ex. Ord. No. 13797, Apr. 29, 2017, 82 F.R. 20821, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) advise the President on innovative strategies and promote trade policies consistent with the President's stated goals;
(b) serve as a liaison between the White House and the Department of Commerce and undertake trade-related special projects as requested by the President; and
(c) help improve the performance of the executive branch's domestic procurement and hiring policies, including through the implementation of the policies described in Executive Order 13788 of April 18, 2017 (Buy American and Hire American).
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Maximizing the Effectiveness of Federal Programs and Functions Supporting Trade and Investment
Memorandum of President of the United States, Feb. 17, 2012, 77 F.R. 10935, provided:
Memorandum for the Heads of Executive Departments and Agencies
Winning the future and creating an economy that's built to last will require the Federal Government to wisely allocate scarce resources to maximize efficiency and effectiveness so that it can best support American competitiveness, innovation, and job growth. Creating good, high-paying jobs in the United States and ensuring sustainable economic growth are the top priorities of my Administration. To accomplish these goals, we must ensure that U.S. businesses increase their exports of goods, services, and agricultural products, and that foreign companies recognize the United States as an attractive place to invest and to open businesses. While this growth will be fueled by the private sector, the Federal Government must do its part to facilitate trade and investment.
Executive Order 13534 of March 11, 2010, established the Export Promotion Cabinet to coordinate the development and implementation of the National Export Initiative (NEI) to improve conditions that directly affect the private sector's ability to export and to help meet my Administration's goal of doubling exports over 5 years. Pursuant to the terms of the Executive Order, the Export Promotion Cabinet conducts its work in coordination with the Trade Promotion Coordinating Committee (TPCC). The TPCC, chaired by the Secretary of Commerce, was authorized by statute in 1992 (
On January 13, 2012, I announced that I would submit a legislative proposal seeking the authority to reorganize the Federal Government in order to reduce costs and consolidate agencies (Consolidation Authority), and outlined the first use I would make of such authority: to streamline functions currently dispersed across numerous agencies into a single new department to promote competitiveness, exports, and American business. The new department would integrate and streamline trade negotiation, financing, promotion, and enforcement functions currently housed at half a dozen executive departments and agencies, and would include an office dedicated to expanding foreign investment and assisting businesses that are considering investing in the United States. In addition to the trade and investment functions, the new department would include integrated small business, technology, innovation, and statistics programs and services from a number of departments and agencies, thereby creating a one-stop shop for businesses that want to grow and export. We cannot afford to wait until the Congress acts, however, and must do all we can administratively to make the most efficient and effective use of the Federal Government's trade, foreign investment, export, and business programs and functions.
Accordingly, to further enhance and coordinate Federal efforts to facilitate the creation of jobs in the United States and ensure sustainable economic growth through trade and foreign investment, and to ensure the effective and efficient use of Federal resources in support of these goals, I hereby direct the following:
(1) Program Coordination. In coordination with the TPCC, the Export Promotion Cabinet shall develop strategies and initiatives in support of my Administration's strategic trade and investment goals and priorities, including the specific measures outlined in this memorandum. The Assistant to the President and Deputy National Security Advisor for International Economics shall coordinate the activities of the Export Promotion Cabinet pursuant to this memorandum. Measures and progress shall continue to be reported in the annual National Export Strategy report of the TPCC. The TPCC will continue to function as it has, consistent with its statutorily mandated duties.
(2) Improving Customer Service for Exporters. Consistent with my memorandum of October 28, 2011 (Making it Easier for America's Small Businesses and America's Exporters to Access Government Services to Help Them Grow and Hire), the Export Promotion Cabinet shall support the Steering Committee established pursuant to that memorandum in its efforts to create BusinessUSA, a common, open, online platform and web service that will, among other things, enable exporters to seamlessly access information about export-related Government programs, resources, and services regardless of which agency provides them.
(3) Trade Budget. The Export Promotion Cabinet shall, in consultation with the TPCC:
(a) evaluate the allocation of Federal Government resources to assist with trade financing, negotiation, enforcement, and promotion, as well as the encouragement of foreign investment in the United States, and identify potential savings from streamlining overlapping or duplicative programs, as well as areas in need of additional resources;
(b) make recommendations to the Director of the Office of Management and Budget (OMB) for more effective resource allocation to these functions, consistent with my Administration's strategic trade and investment goals and priorities, including recommendations to streamline overlapping and duplicative programs and reallocate those resources; and
(c) present to the Director of OMB for consideration in the annual process for developing the President's Budget, a proposed unified Federal trade budget, consistent with my Administration's strategic trade and investment goals and priorities.
(4) Coordination of Offices and Staff. The Export Promotion Cabinet, in consultation with the TPCC, shall take steps to ensure the most efficient use of its members' domestic and foreign offices and distribution networks, including: co-locating offices wherever appropriate; cross-training staff to better serve business customers at home and abroad by promoting exports to foreign countries and foreign investment in the United States; and considering the effectiveness of commercial diplomacy, cross-training, and referrals, as appropriate, when evaluating employee performance.
(5) Enhancing Business Competitiveness. Pending passage of legislation providing Consolidation Authority, the Export Promotion Cabinet shall work with the National Economic Council to develop and coordinate administrative initiatives to align and enhance programs that enable and support efforts by American businesses, particularly small businesses, to innovate, grow, and increase exports.
(6) General Provisions[.] (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Director of OMB is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
1 See References in Text note below.
§4727a. Implementation of primary objectives of TPCC
The Trade Promotion Coordinating Committee shall—
(1) report on the actions taken or efforts currently underway to eliminate the areas of overlap and duplication identified among Federal export promotion activities;
(2) coordinate efforts to sponsor or promote any trade show or trade fair;
(3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices;
(4) report on actions taken or efforts currently underway to promote better coordination between State, Federal, and private sector export promotion activities, including co-location, cost sharing between Federal, State, and private sector export promotion programs, and sharing of market research data; and
(5) by not later than March 30, 2000, and annually thereafter, include the matters addressed in paragraphs (1), (2), (3), and (4) in the annual report required to be submitted under
(
Editorial Notes
Codification
Section was enacted as part of the Export Enhancement Act of 1999, and not as part of the Export Enhancement Act of 1988 which enacted this chapter.
§4728. Environmental trade promotion
(a) Statement of policy
It is the policy of the United States to foster the export of United States environmental technologies, goods, and services. In exercising their powers and functions, all appropriate departments and agencies of the United States Government shall encourage and support sales of such technologies, goods, and services.
(b) Environmental Trade Working Group of Trade Promotion Coordination Committee
(1) Establishment and purpose
The President shall establish the Environmental Trade Promotion Working Group (hereafter in this section referred to as the "Working Group") as a subcommittee of the Trade Promotion Coordination Committee (hereafter in this section referred to as the "TPCC"), established under
(A) to address all issues with respect to the export promotion and export financing of United States environmental technologies, goods, and services; and
(B) to develop a strategy for expanding United States exports of environmental technologies, goods, and services.
(2) Membership
The members of the Working Group shall be—
(A) representatives of the departments and agencies that are represented on the TPCC, who are designated by the head of their respective departments or agencies to advise the head of such department or agency on ways of promoting the export of United States environmental technologies, goods, and services; and
(B) a representative of the Environmental Protection Agency.
(3) Chairperson
The Secretary of Commerce (hereafter in this section referred to as the "Secretary") shall designate the chairperson of the Working Group from among senior employees of the Department of Commerce. The chairperson shall—
(A) assess the effectiveness of United States Government programs for the promotion of exports of environmental technologies, goods, and services;
(B) recommend improvements to such programs, including regulatory changes or additional authority that may be necessary to improve the promotion of exports of environmental technologies, goods, and services;
(C) ensure that the members of the Working Group coordinate their environmental trade promotion programs, including feasibility studies, technical assistance, training programs, business information services, and export financing; and
(D) assess, jointly with the Working Group representative of the Environmental Protection Agency, the extent to which the environmental trade promotion programs of the Working Group advance the environmental goals established in "Agenda 21" by the United Nations Conference on Environment and Development held at Rio de Janeiro, and in other international environmental agreements.
(4) Report to Congress
The chairperson of the TPCC shall include a report on the activities of the Working Group as a part of the annual report submitted to the Congress by the TPCC.
(c) Environmental Technologies Trade Advisory Committee
(1) Establishment and purpose
The Secretary, in carrying out the duties of the chairperson of the TPCC, shall establish the Environmental Technologies Trade Advisory Committee (hereafter in this section referred to as the "Committee"). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the development and administration of programs to expand United States exports of environmental technologies, goods, and services and products that comply with United States environmental, safety, and related requirements.
(2) Membership
The members of the Committee shall be drawn from representatives of—
(A) environmental businesses, including small businesses;
(B) trade associations in the environmental sector;
(C) private sector organizations involved in the promotion of environmental exports, including products that comply with United States environmental, safety, and related requirements;
(D) States (as defined in section 4721(i)(5) 1 of this title) and associations representing the States; and
(E) other appropriate interested members of the public, including labor representatives.
The Secretary shall appoint as members of the Committee at least 1 individual under each of subparagraphs (A) through (E).
(d) Export plans for priority countries
(1) Priority country identification
The Working Group, in consultation with the Committee, shall annually assess which foreign countries have markets with the greatest potential for the export of United States environmental technologies, goods, and services. Of these countries the Working Group shall select as priority countries 5 with the greatest potential for the application of United States Government export promotion resources related to environmental exports.
(2) Export plans
The Working Group, in consultation with the Committee, shall annually create a plan for each priority country selected under paragraph (1), setting forth in detail ways to increase United States environmental exports to such country. Each such plan shall—
(A) identify the primary public and private sector opportunities for United States exporters of environmental technologies, goods, and services in the priority country;
(B) analyze the financing and other requirements for major projects in the priority country which will use environmental technologies, goods, and services, and analyze whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions; and
(C) list specific actions to be taken by the member agencies of the Working Group to increase United States exports to the priority country.
(e) Trade information
In support of the work of the Working Group, the Secretary shall, as part of the regular market survey and information services activities of the Department of Commerce, make available—
(1) information on existing and emerging markets and market trends for environmental technologies, goods, and services; and
(2) a description of the export promotion programs for environmental technologies, goods, and services of the agencies that are represented on the Working Group.
(f) Environmental technologies specialists in United States and Foreign Commercial Service
(1) Assignment of environmental technologies specialists
The Secretary shall assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the 5 priority countries selected under subsection (d)(1), and the Secretary is authorized to assign such a specialist to the office of the United States and Foreign Commercial Service in any country that is a promising market for United States exports of environmental technologies, goods, and services. Such specialist may be an employee of the Department, an employee of any relevant United States Government department or agency assigned on a temporary or limited term basis to the Commerce Department, or a representative of the private sector assigned to the Department of Commerce.
(2) Duties of environmental technologies specialists
Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, including, but not limited to—
(A) identifying factors in the country to which the specialist is assigned that affect the United States share of the domestic market for environmental technologies, goods, and services, including market barriers, standards-setting activities, and financing issues;
(B) providing assessments of assistance by foreign governments that is provided to producers of environmental technologies, goods, and services in such countries in order to enhance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether comparable United States assistance exists;
(C) training Foreign Commercial Service Officers in the country to which the specialist is assigned, other countries in the region, and United States and Foreign Commercial Service offices in the United States, in environmental technologies and the international environmental market;
(D) providing assistance in identifying potential customers and market opportunities in the country to which the specialist is assigned;
(E) providing assistance in obtaining necessary business services in the country to which the specialist is assigned;
(F) providing information on environmental standards and regulations in the country to which the specialist is assigned;
(G) providing information on all United States Government programs that could assist the promotion, financing, and sale of United States environmental technologies, goods, and services in the country to which the specialist is assigned; and
(H) promoting the equal treatment of United States environmental, safety, and related requirements, with those of other exporting countries, in order to promote exports of United States-made products.
(g) Environmental training in one-stop shops
In addition to the training provided under subsection (f)(2)(C), the Secretary shall establish a mechanism to train—
(1) Commercial Service Officers assigned to the one-stop shops provided for in
(2) Commercial Service Officers assigned to district offices in districts having large numbers of environmental businesses,
in environmental technologies and in the international environmental marketplace, and ensure that such officers receive appropriate training under such mechanism. Such training may be provided by officers or employees of the Department of Commerce, and other United States Government departments and agencies, with appropriate expertise in environmental technologies and the international environmental workplace, and by appropriate representatives of the private sector.
(h) International regional environmental initiatives
(1) Establishment of initiatives
The TPCC may establish one or more international regional environmental initiatives the purpose of which shall be to coordinate the activities of Federal departments and agencies in order to build environmental partnerships between the United States and the geographic region outside the United States for which such initiative is established. Such partnerships shall enhance environmental protection and promote sustainable development by using in the region technical expertise and financial resources of United States departments and agencies that provide foreign assistance and by expanding United States exports of environmental technologies, goods, and services to that region.
(2) Activities
In carrying out each international regional environmental initiative, the TPCC shall—
(A) support, through the provision of foreign assistance, the development of sound environmental policies and practices in countries in the geographic region for which the initiative is established, including the development of environmentally sound regulatory regimes and enforcement mechanisms;
(B) identify and disseminate to United States environmental businesses information regarding specific environmental business opportunities in that geographic region;
(C) coordinate existing Federal efforts to promote environmental exports to that geographic region, and ensure that such efforts are fully coordinated with environmental export promotion efforts undertaken by the States and the private sector;
(D) increase assistance provided by the Federal Government to promote exports from the United States of environmental technologies, goods, and services to that geographic region, such as trade missions, reverse trade missions, trade fairs, and programs in the United States to train foreign nationals in United States environmental technologies; and
(E) increase high-level advocacy by United States Government officials (including the United States ambassadors to the countries in that geographic region) for United States environmental businesses seeking market opportunities in that geographic region.
(i) Environmental technologies project advocacy calendar and information dissemination program
The Working Group shall—
(1) maintain a calendar, updated at the end of each calendar quarter, of significant opportunities for United States environmental businesses in foreign markets and trade promotion events, which shall—
(A) be made available to the public;
(B) identify the 50 to 100 environmental infrastructure and procurement projects in foreign markets that have the greatest potential in the calendar quarter for United States exports of environmental technologies, goods, and services; and
(C) include trade promotion events, such as trade missions and trade fairs, in the environmental sector; and
(2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for environmental businesses in foreign markets and information on Federal export promotion programs.
(j) Environmental technology export alliances
Subject to the availability of appropriations for such purpose, the Secretary is authorized to use the Market Development Cooperator Program to support the creation on a regional basis of alliances of private sector entities, nonprofit organizations, and universities, that support the export of environmental technologies, goods, and services and promote the export of products complying with United States environmental, safety, and related requirements.
(k) "Environmental business" defined
For purposes of this section, the term "environmental business" means a business that produces environmental technologies, goods, or services.
(
Editorial Notes
References in Text
Amendments
1994—Subsecs. (c) to (e).
Subsecs. (f) to (k).
Statutory Notes and Related Subsidiaries
Report on Insurance Feasibility
Section 204(b) of
1 See References in Text note below.
§4728a. State and Federal Export Promotion Coordination Working Group
(a) Statement of policy
It is the policy of the United States to promote exports as an opportunity for small businesses. In exercising their powers and functions in order to advance that policy, all Federal agencies shall work constructively with State and local agencies engaged in export promotion and export financing activities.
(b) Establishment
The President shall establish a State and Federal Export Promotion Coordination Working Group (in this section referred to as the "Working Group") as a subcommittee of the Trade Promotion Coordination Committee (in this section referred to as the "TPCC").
(c) Purposes
The purposes of the Working Group are—
(1) to identify issues related to the coordination of Federal resources relating to export promotion and export financing with such resources provided by State and local governments;
(2) to identify ways to improve coordination with respect to export promotion and export financing activities through the strategic plan developed under
(3) to develop a strategy for improving coordination of Federal and State resources relating to export promotion and export financing, including methods to eliminate duplication of effort and overlapping functions; and
(4) to develop a strategic plan for considering and implementing the suggestions of the Working Group as part of the strategic plan developed under
(d) Membership
The Secretary of Commerce shall select the members of the Working Group, who shall include—
(1) representatives from State trade agencies representing regionally diverse areas; and
(2) representatives of the departments and agencies that are represented on the TPCC, who are designated by the heads of their respective departments or agencies to advise the head on ways of promoting the exportation of United States goods and services.
(
Executive Documents
Delegation of Functions
Functions of President under subsec. (b) of this section assigned to Secretary of Commerce, see Ex. Ord. No. 13733, §1(a), July 22, 2016, 81 F.R. 49515, set out as a note under
§4729. Report on export policy
(a) In general
Not later than May 31 of each year, the Secretary of Commerce shall submit to the Congress a report on the international economic position of the United States and, not later than June 30 of each year, shall appear before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives to testify on issues addressed in that report.
(b) Contents
(1) In general
Each report required under subsection (a) shall address—
(A) the state of United States international economic competitiveness, focusing, in particular, on the efforts of the Department of Commerce—
(i) to encourage research and development of technologies and products deemed critical for industrial leadership;
(ii) to promote investment in and improved manufacturing processes for such technologies and products; and
(iii) to increase United States industrial exports of products using the technologies described in clause (i) to those markets where the United States Government has sought to reduce barriers to exports;
(B) the report on the Trade Promotion Coordinating Committee strategic plan submitted to the Congress in accordance with
(C) other specific recommendations of the Department of Commerce to improve the United States balance of trade;
(D) the effects on the international economic competitiveness of the United States of—
(i) formal and informal trade barriers; and
(ii) subsidies by foreign countries to their domestic industries;
(E) the efforts of the Department of Commerce to reduce trade barriers;
(F) the adequacy of export financing programs of the United States Government and recommendations for improving such programs;
(G) the status, activities, and effectiveness of the United States commercial centers established under
(H) the implementation of
(I) the programs of other industrialized nations to assist their companies with their efforts to transact business in the independent states of the former Soviet Union; and
(J) the trading practices of other Organization for Economic Cooperation and Development nations, as well as the pricing practices of transitional economies in the independent states, that may disadvantage United States companies.
(2) Policy basis for reports
Portions of each report under this section may incorporate or be based upon relevant reports and testimony produced by the Department of Commerce or other agencies, but the policy views shall be those of the Secretary of Commerce.
(
Editorial Notes
References in Text
Amendments
1995—Subsec. (b)(1)(G) to (J).