BY ORDER OF THE SECRETARY OF THE TREASURY

TREASURY ORDER #105-06

Date:  November 17, 2003

Sunset Review:   November 17, 2007

SUBJECT
Functions Relating to the Foreign Trade Zones Board

DELEGATION
Section 412 of the Homeland Security Act of 2002 provides that authority related to Customs revenue functions that was vested in the Secretary of the Treasury by provisions of law remains in the Secretary of the Treasury, but that the Secretary of the Treasury may delegate any such authority to the Secretary of Homeland Security.  The Foreign Trade Zones Act is among those provisions of law specified in section 412 which related to Customs revenue functions.  Section 415 of the Homeland Security Act of 2002 further defines Customs revenue functions.  In Treasury Order 100-16, “Delegation from the Secretary of the Treasury to the Secretary of Homeland Security of general authority over Customs revenue functions vested in the Secretary of the Treasury as set forth in the Homeland Security Act of 2002,” the Secretary of the Treasury delegated to the Secretary of Homeland Security the authority related to the Customs revenue functions that remained vested in the Secretary of the Treasury pursuant to sections 412 and 415 of the Homeland Security Act of 2002, subject to certain exceptions and limitations.  In order to provide for the continued execution within the Department of the Treasury of those functions under the Foreign Trade Zones Act which have been retained by the Secretary of the Treasury subsequent to the promulgation of Treasury Order 100-16, and by virtue of the authority vested in the Secretary of the Treasury, it is ordered that:

  1. DELEGATION TO ASSISTANT SECRETARY  (TAX  POLICY).

a.  all authorities, powers, duties, and responsibilities relating to the Secretary’s functions as a member of, and with respect to, the Foreign Trade Zones Board, to the extent those functions have been retained by the Secretary of the Treasury subsequent to the promulgation of Treasury Order 100-16, are delegated to the Assistant Secretary (Tax Policy).

b.  The Assistant Secretary (Tax Policy) may redelegate any or all of these authorities, powers, duties and responsibilities to  the Deputy Assistant Secretary (Tax, Trade and Tariff Policy).

  1. CANCELLATION.  Treasury Order 105-6, dated July 8, 1965, is hereby rescinded.

  1. AUTHORITIES

    1. 31 U.S.C. 321(b);

    1. Foreign Trade Zones Act (Act of June 18, 1934, 48 Stat. 998, as amended), codified at 19 U.S.C. 81a et seq.; and

    1. Homeland Security Act of 2002 (Public Law 107-269, 116 Stat. 2135) codified in relevant part at 6 U.S.C. 212 and 215.

     4.  OFFICE OF PRIMARY INTEREST:  Office of Tax Policy   

/s/ 
John W. Snow
Secretary of the Treasury