Reading Room Document

The extent of your enforcement authority under Executive Order 11387 of January 1, 1968, Governing Certain Capital Transfers Abroad

The document is a letter from the Assistant Attorney General to the Director of the Office of Foreign Direct Investments, discussing the enforcement authority under Executive Order 11387. The conclusions reached in the document are that the enforcement powers are supported by section 5(b) of the Act and that the Secretary of Commerce is authorized to exercise these powers. The questions presented for review include the extent of enforcement authority under section 5(b), the delegation of authority made by the President to the Secretary of Commerce, and whether the Act authorizes enforcement by civil action. The document also discusses the President's intention in delegating powers to the Secretary and the Board, as well as the authority to put into operation a compliance program.

January 8, 1969