Executive Order 13116: Identification of Trade Expansion Priorities and Discriminatory Procurement Practices

President: Bill Clinton

Required USTR to identify major foreign trade barriers and discriminatory procurement practices for 1999, 2000 and 2001 and pursue unresolved cases.

Status: In effect. Is Executive Order 13116 still in effect? Yes. Executive Order 13116 remains in effect. See Federal Register record.

What does Executive Order 13116 do?

EO 13116 restored the “Super 301” process for the 1999, 2000 and 2001 reporting cycles. Within 30 days after each National Trade Estimate Report, USTR had to review trade-expansion priorities, identify priority foreign-country practices and discriminatory procurement, and report to Congress and the Federal Register. USTR submitted the last scheduled report on April 30, 2001; it was published on May 7. The order did not create an open-ended annual mandate, and a USTR designation was an executive enforcement judgment rather than a court finding.

Administration position: Identification under the order was an executive trade-enforcement judgment, not a judicial finding that a country violated an agreement.
SignedMarch 31, 1999
Report cycles1999, 2000 and 2001
Final report submittedApril 30, 2001
Final report publishedMay 7, 2001

Before and after

Before the order

EO 12901’s earlier Super 301 timetable had expired after extensions.

After the order

USTR conducted three new annual reviews tied to the National Trade Estimate and statutory section 301 tools.

Who had to do what

Agency / officeActionTiming / position
USTRIdentify and report priority practicesCompleted for 1999–2001
USTRSeek resolution and initiate required investigationsAs findings warranted
Executive agencies and businessesProvide information and adviceHistorical

What happened next

EO 13116 re-established a three-cycle reporting process.

USTR published the first report.

USTR published its 2000 report.

USTR submitted the final scheduled report.

The final 2001 report was published in the Federal Register.