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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?

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Presidential Permits

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  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.

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