By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Title V and Section 604 of the Trade Act of 1974 (88 Stat. 2066, 19 U.S.C. 2461 et seq.; 88 Stat. 2073, 19 U.S.C. 2483), and as President of the United States of America, in order to modify, as provided by Section 504(c) of the Trade Act of 1974 (88 Stat. 2070, 19 U.S.C. 2464(c)), the limitations on preferential treatment for eligible articles from countries designated as beneficiary developing countries, adjust the original designation of eligible articles, and modify the designations of beneficiary developing countries in accord with my notifications to the Congress of February 26, 1976; and August 14, 1976, and in accord with technical changes in the identification of certain beneficiary countries, it is hereby ordered as follows: SECTION 1. In order to subdivide existing items for purposes of the Generalized System of Preferences, the Tariff Schedules of the United States (TSUS) are modified as provided in Annex I, attached hereto and made a part hereof. SEC. 2. Annex II of Executive Order No. 11888 of November 24, 1975, as amended by Annex II of Executive Order No. 11906 of February 26, 1976, is amended as provided in Annex II, attached hereto and made a part hereof. SEC. 3. Annex III of Executive Order No. 11888, as amended by Annex III of Executive Order No. 11906, is amended as provided in Annex III attached hereto and made a part hereof. SEC. 4. General Headnote 3(c) (iii) of the TSUS is modified as provided in Annex IV, attached hereto and made a part hereof. SEC. 5. (a) General Headnote 3 (c) (i) of the TSUS is modified-- (i) by deleting from the list therein of countries designated as beneficiary developing countries for purposes of the Generalized System of Preferences "Laos", in order to withdraw from Laos the status of a beneficiary of the GSP, (ii) by adding, in alphabetical order, to that list of designated beneficiary developing countries "Portugal", in order to designate Portugal as a beneficiary of the Generalized System of Preferences, and (iii) A) by deleting from the list of designated beneficiary developing countries "Taiwan" and "Dahomey", and by substituting therefor, in alphabetical order, "Republic of China" and "Benin", respectively, and (B) by deleting from the list of designated beneficiary nonindependent countries and territories "Gilbert and Ellice Island" and by substituting therefor, in alphabetical order, the entries "Gilbert Islands", and "Tuvalu". (b) General Headnote 3(c) (iii) of the TSUS is modified by deleting from the list therein "(Taiwan)" wherever that entry appears beside the entry "Republic of China". SEC. 6. (a) The amendments made by Section 5 of this Order shall be effective on the date of publication of this Order in the FEDERAL REGISTER. (b) The amendments made by Annex IV, paragraph (b) of this Order, made part hereof by Section 4 above, shall be effective with respect to articles both: imported on or after January 1, 1976, and entered for consumption, or withdrawn from warehouse for consumption, on or after March 1, 1976. (c) The other amendments made by this Order shall be effective with respect to articles both: imported on or after January 1, 1976, and entered for consumption, or withdrawn from warehouse for consumption, on or after October 1, 1976. GERALD R. FORD The White House, August 30, 1976.
Executive Order 11934—Amending the Generalized System of Preferences
Executive Brief • At a Glance
Annex II of Executive Order No. 11888 of November 24, 1975, as amended by Annex II of Executive Order No. 11906 of February 26, 1976, is amended as provided in Annex II, attached hereto and made a part hereof.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Gerald R. Ford on August 30, 1976, this order concerns Amending the Generalized System of Preferences. In order to subdivide existing items for purposes of the Generalized System of Preferences, the Tariff Schedules of the United States (TSUS) are modified as provided in Annex I, attached hereto and made a part hereof. SEC. 2.
Key Directives & Operative Actions
Annex II of Executive Order No. 11888 of November 24, 1975, as amended by Annex II of Executive Order No. 11906 of February 26, 1976, is amended as provided in Annex II, attached hereto and made a part hereof.
Annex III of Executive Order No. 11888, as amended by Annex III of Executive Order No. 11906, is amended as provided in Annex III attached hereto and made a part hereof.
General Headnote 3 (c) (i) of the TSUS is modified-- (i) by deleting from the list therein of countries designated as beneficiary developing countries for purposes of the Generalized System of Preferences "Laos", in order to withdraw from Laos the status of a beneficiary of the GSP, (ii) by adding, in alphabetical order, to that list of designated beneficiary developing countries "Portugal", in order to designate Portugal as a beneficiary of the Generalized System of Preferences, and (iii) A) by deleting from the list of designated beneficiary developing countries "Taiwan" and "Dahomey", and by substituting therefor, in alphabetical order, "Republic of China" and "Benin", respectively, and (B) by deleting from the list of designated…
The amendments made by Section 5 of this Order shall be effective on the date of publication of this Order in the FEDERAL REGISTER.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 11,934 (Aug. 30, 1976), https://executiveordersarchive.org/orders/app-executive-order-11934-amending-the-generalized-system-preferences.