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 [Federal Register: November 18, 1999 (Volume 64, Number 222)]
[Presidential Documents]
[Page 63167-63170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no99-104]

[[Page 63167]]

_______________________________________________________________________

Part V

The President

_______________________________________________________________________

Executive Order 13141--Environmental Review of Trade Agreements

                        Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 63169]]

                Executive Order 13141 of November 16, 1999


                Environmental Review of Trade Agreements

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, and in order to further the environmental and
                trade policy goals of the United States, it is hereby
                ordered as follows:

                Section 1. Policy. The United States is committed to a
                policy of careful assessment and consideration of the
                environmental impacts of trade agreements. The United
                States will factor environmental considerations into
                the development of its trade negotiating objectives.
                Responsible agencies will accomplish these goals
                through a process of ongoing assessment and evaluation,
                and, in certain instances, written environmental
                reviews.

                Sec. 2. Purpose and Need. Trade agreements should
                contribute to the broader goal of sustainable
                development. Environmental reviews are an important
                tool to help identify potential environmental effects
                of trade agreements, both positive and negative, and to
                help facilitate consideration of appropriate responses
                to those effects whether in the course of negotiations,
                through other means, or both.

                Sec. 3. (a) Implementation. The United States Trade
                Representative (Trade Representative) and the Chair of
                the Council on Environmental Quality shall oversee the
                implementation of this order, including the development
                of procedures pursuant to this order, in consultation
                with appropriate foreign policy, environmental, and
                economic agencies.

                    (b) Conduct of Environmental Reviews. The Trade
                Representative, through the interagency Trade Policy
                Staff Committee (TPSC), shall conduct the environmental
                reviews of the agreements under section 4 of this
                order.

                Sec. 4. Trade Agreements.

                    (a) Certain agreements that the United States may
                negotiate shall require an environmental review. These
                include:
                    (i) comprehensive multilateral trade rounds;
                    (ii) bilateral or plurilateral free trade
                agreements; and
                    (iii) major new trade liberalization agreements in
                natural resource sectors.
                    (b) Agreements reached in connection with
                enforcement and dispute resolution actions are not
                covered by this order.
                    (c) For trade agreements not covered under
                subsections 4(a) and (b), environmental reviews will
                generally not be required. Most sectoral liberalization
                agreements will not require an environmental review.
                The Trade Representative, through the TPSC, shall
                determine whether an environmental review of an
                agreement or category of agreements is warranted based
                on such factors as the significance of reasonably
                foreseeable environmental impacts.

                Sec. 5. Environmental Reviews.

                    (a) Environmental reviews shall be:
                    (i) written;
                    (ii) initiated through a Federal Register notice,
                outlining the proposed agreement and soliciting public
                comment and information on the scope of the
                environmental review of the agreement;

[[Page 63170]]

                    (iii) undertaken sufficiently early in the process
                to inform the development of negotiating positions, but
                shall not be a condition for the timely tabling of
                particular negotiating proposals;
                    (iv) made available in draft form for public
                comment, where practicable; and
                    (v) made available to the public in final form.
                    (b) As a general matter, the focus of environmental
                reviews will be impacts in the United States. As
                appropriate and prudent, reviews may also examine
                global and transboundary impacts.

                Sec. 6. Resources. Upon request by the Trade
                Representative, with the concurrence of the Deputy
                Director for Management of the Office of Management and
                Budget, Federal agencies shall, to the extent permitted
                by law and subject to the availability of
                appropriations, provide analytical and financial
                resources and support, including the detail of
                appropriate personnel, to the Office of the United
                States Trade Representative to carry out the provisions
                of this order.

                Sec. 7. General Provisions. This order is intended only
                to improve the internal management of the executive
                branch and does not create any right, benefit, trust,
                or responsibility, substantive or procedural,
                enforceable at law or equity by a party against the
                United States, its agencies, its officers, or any
                person.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     November 16, 1999.

[FR Doc. 99-30346
Filed 11-17-99; 10:43 am]
Billing code 3195-01-P 

 
 


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