Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled "AN ACT To expedite the strengthening of the national defense," I hereby prescribe the following additional regulations governing the exportation of: 1. Copper 2. Brass and Bronze 3. Zinc 4. Nickel 5. Potash 1. As used in my proclamation of January 10, 1941, issued pursuant to the provisions of section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the above articles and materials shall be construed to include: A. Copper: Ore, concentrates, matte, and unrefined copper including blister, black or coarse, converter, and anodes 6401 Refined copper in bars, billets, cakes, ingots, slabs and other commercial shapes 6412 Old and scrap copper 6413 Pipes and tubes 6422 Plates and sheets 6423 Rods 6424 Wire: Bare 6425 Insulated wire and cable: Rubber-covered wire 6430 Weatherproof wire 6431 Other insulated wire 6435 Other primary fabrications 6412* Fabrications for munitions purposes 6439* Alloys, other than brass and bronze B. Brass and Bronze: Scrap and old 6440 Ingots and other commercial shapes 6441 Bars and rods 6448 Plates and sheets 6450 Pipes and tubes 6453 Wire (bare or insulated) 6457 Other primary fabrications 6479* Fabrications for munitions purposes 6479* C. Zinc: Ore, concentrates, and dross 6570 Cast in slabs, plates, or blocks 6571 Rolled in sheets and strips 6572 Other forms including scrap 6573 Alloys 6573 Dust 6586 Manufactures containing 20% or more zinc 6589* D. Nickel: Ores, concentrates, and matte 6545 Metal in any form including ingots, bars, rods, sheets, plates, and scrap 6545 Alloys containing 10% or more nickel including scrap 6545 6610 Nickel compounds (chemical) containing 10% or more nickel 8399* E. Potash: Potassium Salts and Compounds 8356 Potassium hydroxide (KOH) Potassium carbonate (K 2 CO 3 ) Potassium chlorate (KCIO 3 ) Potassium perchlorate (KCIO 4 ) Potassium cyanide (KCN) Potassium iodide (KI) Potassium nitrate (KNO 3 ) Potassium permanganate (KM n O 4 ) Potassium acetate (KC 2 H 3 O 2 ) Potassium bicarbonate (KHCO 3 ) Potassium bitartrate (KHC 4 H 4 O 6 ) Potassic Fertilizer Materials: 8531 Potassium chloride (KCI) Potassium sulphate (K 2 SO 4 ) All other potassic fertilizer materials containing 27% or more potassium oxide (K 2 O) equivalent All combinations and mixtures of any of the foregoing containing potash salts of 27% or more potassium oxide (K 2 O) equivalent 2. The numbers in parenthesis following each material or article designated in paragraph 1 hereof correspond to the "Commodity Number" prefixed to the "Commodity Description" as set out in Schedule B, "Statistical Classification of Domestic Commodities Exported from the United States," effective January 1, 1939, as amended, issued by the United States Department of Commerce. The words are controlling and the numbers are for statistical classification only. An asterisk (*) indicates that the classification herein is not co-extensive with that in said Schedule B. 3. Regulation 1 of the Regulations issued July 2, 1940, pursuant to the Act of July 2, 1940, is modified only in so far as it applies to Copper, Brass and Bronze, Zinc, Nickel, and Potash in accordance with the foregoing classifications. Regulations 2 to 12 inclusive of the Regulations issued July 2, 1940, pursuant to the Act of July 2, 1940, are applicable to exportation of Copper, Brass and Bronze, Zinc, Nickel and Potash. FRANKLIN D ROOSEVELT The White House, January 10, 1941.
Executive Order 8631—Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of January 10, 1941, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 1940, and Amending Regulations of July 2, 1940, Covering the Exportation of Certain Articles and Materials
Executive Brief • At a Glance
Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled "AN ACT To expedite the strengthening of the national defense," I hereby prescribe the following additional regulations governing the exportation of: 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 January 10, 1941, this order concerns Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of January 10, 1941, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 1940, and Amending Regulations of July 2, 1940, Covering the Exportation of Certain Articles and Materials. Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled "AN ACT To expedite the strengthening of the national defense," I hereby prescribe the following additional regulations governing the exportation of: 1. Copper 2. Brass and Bronze 3. Zinc 4. Nickel 5. Potash 1.
Key Directives & Operative Actions
Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled "AN ACT To expedite the strengthening of the national defense," I hereby prescribe the following additional regulations governing the exportation of: 1.
As used in my proclamation of January 10, 1941, issued pursuant to the provisions of section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the above articles and materials shall be construed to include: A. Copper: Ore, concentrates, matte, and unrefined copper including blister, black or coarse, converter, and anodes 6401 Refined copper in bars, billets, cakes, ingots, slabs and other commercial shapes 6412 Old and scrap copper 6413 Pipes and tubes 6422 Plates and sheets 6423 Rods 6424 Wire: Bare 6425 Insulated wire and cable: Rubber-covered wire 6430 Weatherproof wire 6431 Other insulated wire 6435 Other primary fabrications 6412* Fabrications for munitions purposes 6439* Alloys, other than brass and bronze B.…
The numbers in parenthesis following each material or article designated in paragraph 1 hereof correspond to the "Commodity Number" prefixed to the "Commodity Description" as set out in Schedule B, "Statistical Classification of Domestic Commodities Exported from the United States," effective January 1, 1939, as amended, issued by the United States Department of Commerce.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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 in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 8631 (Jan. 10, 1941), https://executiveordersarchive.org/orders/app-executive-order-8631-prescribing-regulations-governing-the-exportation-articles-and.