Notice May Exempt Trade-Related Rulemakings From Procedural Requirements
The State Department released a notice March 13 that says all U.S. agency “efforts” to “control … the transfer of goods, services, data, technology, and other items across the borders of the United States” are a “foreign affairs function” exempt…
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from Administrative Procedure Act rulemaking and hearing requirements under 5 U.S.C. 553 and 554. When asked to clarify, a State Department spokesperson said: "The determination speaks for itself."