Executive Order 12849: Implementation of Agreement With the European Community on Government Procurement

President: Bill Clinton

Implemented reciprocal purchasing treatment for procurement covered by a 1993 U.S.–European Community agreement, subject to listed agencies, thresholds and exceptions.

Status: Completed/expired. Is Executive Order 12849 still in effect? No. Executive Order 12849 is completed or expired. See Federal Register record.

What does Executive Order 12849 do?

EO 12849 implemented a United States–European Community government-procurement agreement by removing specified Buy American price preferences from covered purchases. It asked listed agencies to give eligible European Community goods treatment comparable to U.S. goods above the agreement’s thresholds, assigned interpretation to USTR outside defense procurement, and directed the acquisition councils to incorporate the policy within 30 days. Later agreements and procurement regulations govern current purchases.

Administration position: The order described reciprocal access as serving U.S. procurement and trade interests. That was the administration’s trade-policy judgment, not a guarantee of equal results in every procurement.
SignedMay 25, 1993
Instrument implemented1993 U.S.–European Community procurement agreement
Rulemaking directionFederal acquisition councils within 30 days

Before and after

Before the order

Buy American price preferences could apply to covered purchases absent a statutory waiver or trade-agreement implementation.

After the order

Listed agencies were directed to remove the differential for qualifying purchases within the agreement’s scope.

Who had to do what

Agency / officeActionTiming / position
Listed agenciesApply comparable treatment to covered U.S. and EC goodsFor qualifying above-threshold procurements
USTRInterpret the agreement outside defense procurementAs implementation questions arose
Federal acquisition councilsIncorporate the policy into procurement regulationsWithin 30 days

What happened next

EO 12849 signed.

The 30-day acquisition-rule direction matured.

Official text and current USTR procurement framework rechecked.