Executive Order 13091: Administration of Arms Export Controls and Foreign Assistance

President: Bill Clinton

Updated presidential delegations to State and Defense for arms-export notifications, licensing reports and foreign-assistance reporting.

Status: In effect. Is Executive Order 13091 still in effect? Yes. Executive Order 13091 remains in effect. See Federal Register record.

What does Executive Order 13091 do?

EO 13091 amended two older delegation orders to account for statutory changes. It divided responsibility for congressional arms-sale and export-license transmittals between State and Defense, delegated annual reporting on licensed defense exports to State, and assigned specified Foreign Assistance Act reports to State or Defense. In 2013, EO 13637 revoked and replaced the EO 11958 arms-export framework. EO 13091 also amended EO 12163, which continues to appear in current Title 22 with later amendments; that separate foreign-assistance history was not revoked by EO 13637.

Administration position: The order allocated presidential functions among officials; it did not approve a particular arms sale, issue an export license or waive congressional notification.
SignedJune 29, 1998
Orders amendedEOs 11958 and 12163
Primary departmentsState and Defense

Before and after

Before the order

1996 legislation added reporting and transmittal functions not fully reflected in the older delegation orders.

After the order

State and Defense had updated authority to make specified notifications and reports until later delegations replaced the framework.

Who had to do what

Agency / officeActionTiming / position
State SecretaryHandle specified licensing transmittals and reportsLater redelegated
Defense SecretaryHandle specified government-sale transmittals and reportsLater redelegated
Both departmentsCoordinate where the amended orders requiredContinuing under successor authorities

What happened next

EO 13091 amended EOs 11958 and 12163.

EO 13637 created a new arms-export delegation framework.

EO 13637 took effect and revoked EO 11958.

State materials identify EO 13637 as the current executive delegation basis.