18 FAM 201.2
EXECUTIVE ORDERS, PROCLAMATIONS, AND OTHER PRESIDENTIAL
DOCUMENTS
(CT:PPP-2; 03-19-2018)
(Office of Origin: A/GIS/DIR)
18 FAM 201.2-1 DRAFTING
RESPONSIBILITY
18 FAM 201.2-1(A) Executive
Orders
(CT:PPP-2; 03-19-2018)
(State Only)
The Office of the Legal Adviser (L) must either draft or
clear all Executive Orders and Presidential Determinations that originate in
the Department of State, and must clear on all such documents that are sent to
the Department for review. Bureaus must also obtain clearances from the Bureau
of Legislative Affairs (H) and other interested offices.
18 FAM 201.2-1(B) Proclamations
and Other Presidential Documents
(CT:PPP-2; 03-19-2018)
(State Only)
Interested offices are responsible for initiating and
drafting proposed proclamations and other Presidential documents as necessary
to facilitate the effective, efficient, economical, and timely discharge of the
Departments functions, responsibilities, and activities for which they have
primary responsibility. (See 11 FAM 700 for treaties, conventions, protocols,
or other international agreements prepared in the Office of the Legal Adviser.)
18 FAM 201.2-2 PROCEDURES
(CT:PPP-2; 03-19-2018)
(State Only)
a. Prepare transmittal letters to the Office of
Management and Budget and proposed Executive Orders, proclamations, and other
Presidential documents (other than Presidential determinations) for the
signature of the Legal Adviser.
b. The drafting office is responsible for informal
consultation with the Office of Management and Budget (OMB) or other agencies
as desirable or necessary in particular instances, and for making and filing
records of such consultation.
c. The Office of Directives Management (A/GIS/DIR)
acts as the liaison for submissions to OMB.
18 FAM 201.2-3 CLEARING DOCUMENTS
ORIGINATING IN The DEPARTMENT
(CT:PPP-2; 03-19-2018)
(State Only)
a. The originator sends the draft transmittal letter
and document to the Office of Legislative Affairs and to the Office of the
Legal Adviser (in the case of documents originating outside of L), as well as
to other interested areas of the Department. The Bureau of the Comptroller and
Global Financial Services, Office of the Executive Director (CGFS/EX), usually
the Financial Policy and Management Controls Staff, clears proposed orders,
proclamations, and directives that affect the organization, management, and
interagency relations of the Department.
b. Upon completion of the clearance procedure, the
originator prepares the letter and final document for approval by:
(1) The Assistant Secretary with jurisdiction over the
originating office; or
(2) The Under Secretary for Management (if M is the
office of origin), then forwards the approved letter or document to the Office
of the Legal Adviser, which refers matters of major substance to the Secretary
or Deputy Secretary for approval.
c. When the complexity of the subject warrants, the
letter of transmittal to the Office of Management and Budget (prepared by the
originator after obtaining all clearances) includes an explanation of the
nature, purpose, background, and effect of the proposed Executive order or proclamation
(except routine annual proclamations observing special days or events) or
directive and its relationship, if any, to related laws and other Executive
orders, proclamations, or other Presidential directives.
d. Signed Presidential determinations are transmitted
by memorandum from the Executive Secretariat to the Office of Directives
Management (A/GIS/DIR). Transmittal memoranda are submitted to the Secretary
by Action Memorandum from the originating office with clearance by the Office
of Legislative Affairs and the Office of the Legal Adviser.
18 FAM 201.2-4 CLEARING DOCUMENTS
ORIGINATING OUTSIDE DEPARTMENT
(CT:PPP-2; 03-19-2018)
(State Only)
a. The Legal Adviser ensures that all interested
Department offices (particularly the Office of Management Policy, Rightsizing
and Innovation (M/PRI), in regard to administrative matters), review proposed
Executive orders, Presidential proclamations, and directives referred to the
Department by the Office of Management and Budget (OMB).
b. A/GIS/DIR acts as OMB liaison for clearances.
18 FAM 201.2-5 PUBLISHING SIGNED
DOCUMENTS
(CT:PPP-2; 03-19-2018)
(State Only)
a. Signed Executive orders, proclamations, and other
Presidential documents (other than Presidential determinations) are published
in the Federal Register by the White House without further action by the
Department.
b. The White House returns signed Presidential
determinations to the Executive Secretariat, which forwards them to the Office
of the Legal Adviser. The Office of the Legal Adviser ensures that all legal
requirements are satisfied and transmits the signed original document to the
Federal Register liaison officer, Office of Directives Management (A/GIS/DIR),
for publication in the Federal Register.
c. Documents signed by principal officers of the
Department intended to be published in the Federal Register are also forwarded
by the Executive Secretariat to the Office of the Legal Adviser for legal
review and are transmitted to the Federal Register Liaison Officer, A/GIS/DIR.