By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (U.S.C., title 22, sec. 132), it is ordered that the Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter XIV thereof: CHAPTER XIV PROTECTION AND PROMOTION OF AMERICAN ECONOMIC INTERESTS XIV-1. Protection of American interests. Officers of the Foreign Service shall protect the rights and interests of the United States in its international agricultural, commercial, and financial relations. In pursuance of this duty, they shall: (a) Guard against the infringement of rights of American citizens in matters relating to commerce and navigation which are based on custom, international law, or treaty. (b) Observe, report on, and, whenever possible, endeavor to remove discriminations against American agricultural, commercial, and industrial interests in other countries. (c) Protect the national commercial reputation of the United States. XIV-2. Promotion of American interests. Officers of the Foreign Service shall further the agricultural and commercial interests of the United States: (a) By carefully studying and reporting on the potentialities of their districts as a market for American products or as a competitor of American products in international trade. (b) By investigating and submitting World Trade Directory Reports on the general standing and distributing capacity of foreign firms within their districts. (c) By preparing and submitting upon request trade lists of commercial firms within their districts. (d) By keeping constantly on the alert for and submitting immediate reports on concrete trade opportunities. (e) By endeavoring to create, within the scope of the duties to which they are assigned, a demand for American products within their districts. (f) By facilitating and reporting on proposed visits of alien business men to the United States. (g) By taking appropriate steps to facilitate the promotion of such import trade into the United States as the economic interests of the United States may require. XIV-3. Services for American citizens and business organizations in connection with the conduct of foreign trade. Officers of the Foreign Service shall perform the following-enumerated services for American citizens and business organizations in connection with the conduct of foreign trade, subject to such rules and limitations thereon as may be prescribed by the Secretary of State: (a) Answering trade inquiries. (b) Lending direct assistance to American citizens and business firms. (c) Encouraging the establishment of, and supporting, American chambers of commerce. (d) Preparing themselves for and, upon instructions, performing trade conference work when in the United States on leave, or otherwise. XIV-4. Submission of reports on economic developments within district. Officers of the Foreign Service shall prepare and submit reports in connection with their duties of protecting and promoting American agricultural and commercial interests and for the purpose of providing general information on economic developments within their respective districts for the Departments of State, Agriculture, and Commerce, and for other governmental departments and agencies, in accordance with such rules and regulations as the Secretary of State may prescribe. CANCELATION OF REGULATIONS The following provisions of the Foreign Service Regulations of the United States are hereby canceled: PART I Sections VIII-13, XI-7, XVI-7, XVI-14, and XVI-17. PART II Sections XI-187A, XXVIII-589 to XXVIII-594, inclusive, XXVIII-597 to XXVIII- 603E, inclusive, XXVIII-603G, XXVIII-603H, XXVIII-603J to XXVIII-603M, inclusive. REVOCATION OF EXECUTIVE ORDER Executive Order No. 3987, dated April 4, 1924, is hereby revoked. FRANKLIN D ROOSEVELT The White House, December 19, 1939.
Executive Order 8307—Amending the Foreign Service Regulations of the United States
Executive Brief • At a Glance
The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter XIV thereof: CHAPTER XIV PROTECTION AND PROMOTION OF AMERICAN ECONOMIC INTERESTS XIV-1.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on December 19, 1939, this order concerns Amending the Foreign Service Regulations of the United States. The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter XIV thereof: CHAPTER XIV PROTECTION AND PROMOTION OF AMERICAN ECONOMIC INTERESTS XIV-1. Protection of American interests. Officers of the Foreign Service shall protect the rights and interests of the United States in its international agricultural, commercial, and financial relations.
Key Directives & Operative Actions
The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter XIV thereof: CHAPTER XIV PROTECTION AND PROMOTION OF AMERICAN ECONOMIC INTERESTS XIV-1.
Officers of the Foreign Service shall protect the rights and interests of the United States in its international agricultural, commercial, and financial relations.
In pursuance of this duty, they shall: (a) Guard against the infringement of rights of American citizens in matters relating to commerce and navigation which are based on custom, international law, or treaty.
Officers of the Foreign Service shall further the agricultural and commercial interests of the United States: (a) By carefully studying and reporting on the potentialities of their districts as a market for American products or as a competitor of American products in international trade.
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
Applies regulatory or compliance standards to private contractors or commercial entities.
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. 8307 (Dec. 19, 1939), https://executiveordersarchive.org/orders/app-executive-order-8307-amending-the-foreign-service-regulations-the-united-states.