U.S. DEPARTMENT OF COMMERCE
CHARTER OF THE
PRESIDENT'S EXPORT COUNCIL
SUBCOMMITTEE ON EXPORT ADMINISTRATION
1. Committee's Official Designation. President's Export Council Subcommittee on Export Administration (PECSEA)
2. Authority. Pursuant to the provisions of Section 3 of Executive Order (E.O.) 11753, the PECSEA was established on June 1, 1976, as a subordinate committee of the President's Export Council. E.O. 12131 (May 4,1979) revoked E.O. 11753, but allowed the Council and established subordinate subcommittees to continue to function, and granted the Export Council the authority to establish, with the concurrence of the Secretary of Commerce, subordinate committees, until December 31,1980. The President's Export Council and its authority were continued by successive Executive Orders, the most recent of which is E.O. 13585 of September 30, 2011.
The PECSEA will function solely as an advisory body and comply with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.
3. Objectives and Scope of Activities. The PECSEA will advise on matters pertinent to the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.), the Export Administration Regulations (15 CFR Parts 730-799), and related statutes and regulations, principally on United States policies of encouraging trade with all countries with which the United States has diplomatic or trading relations and of controlling trade for national security, foreign policy, and short supply reasons.
The PECSEA will draw on the expertise of its members to provide advice and to make recommendations on ways to minimize the adverse impact of export controls on U.S. business while protecting U.S. national security, fostering U.S. foreign policy goals, and safeguarding commodities in short supply.
4. Description of Duties.The PECSEA advises the U.S. Government on manners and issues pertinent to implementation of the Export Administration Act, as amended, and related statutes. These issues relate to U.S. export controls mandated by law for national security, foreign policy, and short supply reasons.
5. Agency or Official to Whom the Committee Reports. The PECSEA Chairperson reports to the Secretary of Commerce through the Chairperson of the President's Export Council.
6. Support. The Assistant Secretary for Export Administration will provide the administrative and staff services, support, and facilities for the PECSEA.
7. Estimated Annual Operating Costs and Staff Years. The estimated annual operating cost of the PECSEA is $27,550, which includes 0.3 person-years of staff support. Members of the PECSEA will not be compensated for their services nor will they be reimbursed for travel, subsistence, and other expenses incurred by them in connection with their duties as members of the PECSEA.
8. Designated Federal Officer (DFO). The DFO will be a full-time or permanent part-time Federal employee, appointed in accordance with agency procedures. The DFO will approve or call all of the committee meetings, prepare and approve all meeting agendas, attend all committee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the official to whom the advisory committee reports.
9. Estimated Number and Frequency of Meetings. The PECSEA will meet approximately four times annually, based on the recommendation of the Chairperson, and at the call of the Secretary of Commerce or the Secretary's designee. The agenda of each meeting is subject to prior approval of the Secretary or the Secretary's designee.
10. Membership and Designation. The PECSEA will be composed of approximately 25 members, drawn from among members of the President's Export Council, high-level Federal government officials, and representatives of business and industry who are exporters of those goods and technical data that are presently under control for national security, foreign policy, or short supply reasons or are proposed for such control, balanced to the extent possible among large and small firms. Members shall be appointed by the Secretary of Commerce and shall serve at the Secretary's discretion. Inasmuch as information classified for national security reasons will be provided to the PECSEA, all members will be cleared for access thereto.
The Chairperson of the PECSEA shall be appointed by the Secretary of Commerce and shall be selected from the membership of the President's Export Council based on the recommendation of the Chairperson of that Council, and will serve for the duration of the charter period. One or more Vice Chairpersons of the PECSEA may be selected by the Under Secretary for Industry and Security, Bureau of Industry and Security, from among the membership of the Council or the PECSEA, with the concurrence of the PECSEA Chairperson.
Members will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidelines.
Non-federal members serve in a representative capacity and not as special government employees. Federal members serve as regular government employees.
All members must be able to qualify for a Secret security clearance.
11. Subcommittees. The Department of Commerce may establish such subcommittees from among its members as may be necessary, subject to the provisions of the Federal Advisory Committee Act (FACA), the FACA implementing regulations, and applicable Department of Commerce guidance. Any subcommittees established must report back to the parent committee, and must not provide advice and work products directly to the agency.
12. Recordkeeping. The records of the PECSEA, formally and informally established subcommittees, or other subgroups of the committee, shall be handled in accordance with General Records Schedule 26. Item 2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.
13. Duration/Termination.The PECSEA shall terminate on September 30, 2013, unless it is terminated earlier or renewed by proper authority by appropriate action.
10/21/2011
Chief Financial Officer and
Assistant Secretary for Administration