1 / 11

Presidential Permits

Presidential Permits. Implementing EO 13337. Review. Presidential permit review has two aspects: Is a given proposal in the national interest? Purpose and need (trade & transportation, security, etc.) Effect on international relations Does a given proposal meet legal requirements?

betty_james
Download Presentation

Presidential Permits

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PresidentialPermits Implementing EO 13337

  2. Review Presidential permit review has two aspects: • Is a given proposal in the national interest? • Purpose and need (trade & transportation, security, etc.) • Effect on international relations • Does a given proposal meet legal requirements? • Environmental reviews (NEPA, ESA, environmental justice, etc.)

  3. Process • EO 11423 delegates Presidential authority to Secretary of State to review applications for permits to build new border crossing facilities. • State Department conducts reviews in consultation with other federal agencies, assessing national interest and environmental impact.

  4. Process • State Department acts as the conduit between the applicant/proponent and the other federal agencies. • Department provides opportunity for public to comment through publication in Federal Register. • Department notifies foreign government of receipt of application, takes comments.

  5. Outcomes • State Department makes a determination of national interest, issues a determination on environmental and related reviews, and recommends for or against issuance of a permit. • DHS, DOJ, Treasury, A/G, and DOT have final opportunity to object to issuance of a permit.

  6. Permit Issued • Barring any objections by the specified agencies, a permit will issue. • The permit will contain certain conditions regarding construction, operation, maintenance, and control of the new facility. • State Department will communicate final decision to the affected foreign government.

  7. Purpose of EO 13337 • Land border ports of entry are crucial to securing our borders and facilitating legitimate trade and travel. • In a post-9/11 world, including land border ports of entry in the Presidential permit “world” will ensure full federal oversight of these crucial sites.

  8. Purpose of EO 13337 • EO 13337 (April 30, 2004) added a requirement for Presidential permits at land border ports of entry. • State Department is in final stages of establishing implementation policy. • Policy will be announced/published when fully cleared and approved. • The broad outlines of the expected policy (subject to further internal review) are set forth on the next slides.

  9. Policy Plans • The requirement to apply for Presidential permits will apply to substantial changes at land border ports of entry. • Non-substantial changes will not require Presidential permit review. • The permit, when issued, will encompass the entire port of entry, not just the change. • A completely new POE would be subject to the Presidential permit requirement.

  10. Process • Agency or entity contemplating changes at a land border POE sends information about the proposal to the relevant country desk. • Country officer reviews file in consultation with pertinent agencies and officials. • Decision on substantiality is made by a senior State Department official.

  11. Process • Department’s decision is communicated to inquiring party by the director of the relevant country office. • A determination of non-substantiality does not waive the requirements of any other law or competent legal regulating authority.

More Related