[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Presidential Documents]
[Pages 26413-26415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10968]
Presidential Documents
Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 26413]]
Executive Order 13609 of May 1, 2012
Promoting International Regulatory Cooperation
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 international
regulatory cooperation, it is hereby ordered as
follows:
Section 1. Policy. Executive Order 13563 of January 18,
2011 (Improving Regulation and Regulatory Review),
states that our regulatory system must protect public
health, welfare, safety, and our environment while
promoting economic growth, innovation, competitiveness,
and job creation. In an increasingly global economy,
international regulatory cooperation, consistent with
domestic law and prerogatives and U.S. trade policy,
can be an important means of promoting the goals of
Executive Order 13563.
The regulatory approaches taken by foreign governments
may differ from those taken by U.S. regulatory agencies
to address similar issues. In some cases, the
differences between the regulatory approaches of U.S.
agencies and those of their foreign counterparts might
not be necessary and might impair the ability of
American businesses to export and compete
internationally. In meeting shared challenges involving
health, safety, labor, security, environmental, and
other issues, international regulatory cooperation can
identify approaches that are at least as protective as
those that are or would be adopted in the absence of
such cooperation. International regulatory cooperation
can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
Sec. 2. Coordination of International Regulatory
Cooperation. (a) The Regulatory Working Group (Working
Group) established by Executive Order 12866 of
September 30, 1993 (Regulatory Planning and Review),
which was reaffirmed by Executive Order 13563, shall,
as appropriate:
(i) serve as a forum to discuss, coordinate, and develop a common
understanding among agencies of U.S. Government positions and priorities
with respect to:
(A) international regulatory cooperation activities that are reasonably
anticipated to lead to significant regulatory actions;
(B) efforts across the Federal Government to support significant, cross-
cutting international regulatory cooperation activities, such as the work
of regulatory cooperation councils; and
(C) the promotion of good regulatory practices internationally, as well
as the promotion of U.S. regulatory approaches, as appropriate; and
(ii) examine, among other things:
(A) appropriate strategies for engaging in the development of regulatory
approaches through international regulatory cooperation, particularly in
emerging technology areas, when consistent with section 1 of this order;
(B) best practices for international regulatory cooperation with respect
to regulatory development, and, where appropriate, information exchange and
other regulatory tools; and
(C) factors that agencies should take into account when determining
whether and how to consider other regulatory approaches under section 3(d)
of this order.
(b) As Chair of the Working Group, the
Administrator of the Office of Information and
Regulatory Affairs (OIRA) of the Office of Management
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and Budget (OMB) shall convene the Working Group as
necessary to discuss international regulatory
cooperation issues as described above, and the Working
Group shall include a representative from the Office of
the United States Trade Representative and, as
appropriate, representatives from other agencies and
offices.
(c) The activities of the Working Group, consistent
with law, shall not duplicate the efforts of existing
interagency bodies and coordination mechanisms. The
Working Group shall consult with existing interagency
bodies when appropriate.
(d) To inform its discussions, and pursuant to
section 4 of Executive Order 12866, the Working Group
may commission analytical reports and studies by OIRA,
the Administrative Conference of the United States, or
any other relevant agency, and the Administrator of
OIRA may solicit input, from time to time, from
representatives of business, nongovernmental
organizations, and the public.
(e) The Working Group shall develop and issue
guidelines on the applicability and implementation of
sections 2 through 4 of this order.
(f) For purposes of this order, the Working Group
shall operate by consensus.
Sec. 3. Responsibilities of Federal Agencies. To the
extent permitted by law, and consistent with the
principles and requirements of Executive Order 13563
and Executive Order 12866, each agency shall:
(a) if required to submit a Regulatory Plan
pursuant to Executive Order 12866, include in that plan
a summary of its international regulatory cooperation
activities that are reasonably anticipated to lead to
significant regulations, with an explanation of how
these activities advance the purposes of Executive
Order 13563 and this order;
(b) ensure that significant regulations that the
agency identifies as having significant international
impacts are designated as such in the Unified Agenda of
Federal Regulatory and Deregulatory Actions, on
RegInfo.gov, and on Regulations.gov;
(c) in selecting which regulations to include in
its retrospective review plan, as required by Executive
Order 13563, consider:
(i) reforms to existing significant regulations that address unnecessary
differences in regulatory requirements between the United States and its
major trading partners, consistent with section 1 of this order, when
stakeholders provide adequate information to the agency establishing that
the differences are unnecessary; and
(ii) such reforms in other circumstances as the agency deems appropriate;
and
(d) for significant regulations that the agency
identifies as having significant international impacts,
consider, to the extent feasible, appropriate, and
consistent with law, any regulatory approaches by a
foreign government that the United States has agreed to
consider under a regulatory cooperation council work
plan.
Sec. 4. Definitions. For purposes of this order:
(a) ``Agency'' means any authority of the United
States that is an ``agency'' under 44 U.S.C. 3502(1),
other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
(b) ``International impact'' is a direct effect
that a proposed or final regulation is expected to have
on international trade and investment, or that
otherwise may be of significant interest to the trading
partners of the United States.
(c) ``International regulatory cooperation'' refers
to a bilateral, regional, or multilateral process,
other than processes that are covered by section
6(a)(ii), (iii), and (v) of this order, in which
national governments engage in various forms of
collaboration and communication with respect to
regulations, in particular a process that is reasonably
anticipated to lead to the development of significant
regulations.
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(d) ``Regulation'' shall have the same meaning as
``regulation'' or ``rule'' in section 3(d) of Executive
Order 12866.
(e) ``Significant regulation'' is a proposed or
final regulation that constitutes a significant
regulatory action.
(f) ``Significant regulatory action'' shall have
the same meaning as in section 3(f) of Executive Order
12866.
Sec. 5. Independent Agencies. Independent regulatory
agencies are encouraged to comply with the provisions
of this order.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head
thereof;
(ii) the coordination and development of international trade policy and
negotiations pursuant to section 411 of the Trade Agreements Act of 1979
(19 U.S.C. 2451) and section 141 of the Trade Act of 1974 (19 U.S.C. 2171);
(iii) international trade activities undertaken pursuant to section 3 of
the Act of February 14, 1903 (15 U.S.C. 1512), subtitle C of the Export
Enhancement Act of 1988, as amended (15 U.S.C. 4721 et seq.), and
Reorganization Plan No. 3 of 1979 (19 U.S.C. 2171 note);
(iv) the authorization process for the negotiation and conclusion of
international agreements pursuant to 1 U.S.C. 112b(c) and its implementing
regulations (22 C.F.R. 181.4) and implementing procedures (11 FAM 720);
(v) activities in connection with subchapter II of chapter 53 of title 31
of the United States Code, title 26 of the United States Code, or Public
Law 111-203 and other laws relating to financial regulation; or (vi) the
functions of the Director of OMB 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.
(Presidential Sig.)
THE WHITE HOUSE,
May 1, 2012.
[FR Doc. 2012-10968
Filed 5-3-12; 8:45 am]
Billing code 3295-F2-P