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 the articles and materials named in my proclamation of March 4, 1941: 1. The articles and materials named in the said proclamation shall be construed to include the following: (1) Cadmium B F Ores and concentrates 6245* 6640* Metal 6249* 6640* Alloys 6249* 6640* Cadmium Salts and Compounds: Cadmium chloride 8399.9* 8399* Cadmium oxide 8399.9* 8399* Cadmium sulfate 8399.9* 8399* Cadmium plating salts 8399.9* 8399* Cadmium sulfide 8429* 8442* Cadmium lithopone 8429* 8442* (2) Carbon Black: Carbon black, including gas black 8423* 8442* (3) Coconut Oil: Edible 1420 1449* Inedible 2230 2230 (4) Copra 2220* 2211 (5) Cresylic Acid and Cresols 8024* 8069* (6) Fatty Acids prodduced from vegetable oils under export control 2248* 2662* (7) Glycerin 8314 8399* (8) Palm-Kernel Oil and Palm Kernels: Palm-Kernel Oil: Edible 1449* 1449* Inedible 2249* 2243* Palm Kernels 2220* 2220* (9) Pine Oil 2117 2189* (10) Petroleum Coke 5048 5048* (I1) Shellac: Lac, crude, seed, button, and stick 2189* 2108 Unbleached shellac 2189* 2108 Bleached shellac 2185 2108 (12) Titanium: Ores and concentrates: Ilmenite 6245* 6640* Rutile 6245* 6640* Metal 6249* 6640* Alloys 6249* 6640* Titanium Salts and Compounds: Titanium dioxide 8428 8442* Titanium tetrachloride 8399.9* 8399* 2. The numbers appearing in the columns designated B and F in paragraph 1 hereof refer to the numbers in Schedule B "Statistical Classification of Domestic Commodities Exported from the United States", and Schedule F "Foreign Exports (Re-Exports)", respectively, issued by the United States Department of Commerce, both effective January 1, 1941. The words are controlling and the numbers are included solely for the purpose of statistical classification. An asterisk (*) indicates that the classification herein is not co-extensive with that in said Schedules B and F. 3. Regulations 2 to 12 inclusive of the regulations issued July 2, 1940, pursuant to section 6 of the act of July 2, 1940, are applicable to the exportation of the articles and materials listed in paragraph 1 (1)-(12). 4. Executive Order No. 8640 is hereby amended to include within its provisions the articles and materials named in my proclamation of March 4, 1941. FRANKLIN D ROOSEVELT The White House, March 4, 1941.
Executive Order 8702—Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of March 4, 1941, Issued Pursuant to Section 6 of the Act of Congress Approved July 2, 1940, and Amending Regulations of January 15, 1941, Covering the Exportation of Certain Articles and Materials
Executive Brief • At a Glance
I hereby prescribe the following additional regulations governing the exportation of the articles and materials named in my proclamation of March 4, 1941: 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 March 4, 1941, this order concerns Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of March 4, 1941, Issued Pursuant to Section 6 of the Act of Congress Approved July 2, 1940, and Amending Regulations of January 15, 1941, Covering the Exportation of Certain Articles and Materials. I hereby prescribe the following additional regulations governing the exportation of the articles and materials named in my proclamation of March 4, 1941: 1. The articles and materials named in the said proclamation shall be construed to include the following: (1) Cadmium B F Ores and concentrates 6245* 6640* Metal 6249* 6640* Alloys 6249* 6640* Cadmium Salts and Compounds: Cadmium chloride 8399.9* 8399* Cadmium…
Key Directives & Operative Actions
I hereby prescribe the following additional regulations governing the exportation of the articles and materials named in my proclamation of March 4, 1941: 1.
The articles and materials named in the said proclamation shall be construed to include the following: (1) Cadmium B F Ores and concentrates 6245* 6640* Metal 6249* 6640* Alloys 6249* 6640* Cadmium Salts and Compounds: Cadmium chloride 8399.9* 8399* Cadmium oxide 8399.9* 8399* Cadmium sulfate 8399.9* 8399* Cadmium plating salts 8399.9* 8399* Cadmium sulfide 8429* 8442* Cadmium lithopone 8429* 8442* (2) Carbon Black: Carbon black, including gas black 8423* 8442* (3) Coconut Oil: Edible 1420 1449* Inedible 2230 2230 (4) Copra 2220* 2211 (5) Cresylic Acid and Cresols 8024* 8069* (6) Fatty Acids prodduced from vegetable oils under export control 2248* 2662* (7) Glycerin 8314 8399* (8) Palm-Kernel Oil and Palm Kernels: Palm-Kernel Oil: Edible…
The numbers appearing in the columns designated B and F in paragraph 1 hereof refer to the numbers in Schedule B "Statistical Classification of Domestic Commodities Exported from the United States", and Schedule F "Foreign Exports (Re-Exports)", respectively, issued by the United States Department of Commerce, both effective January 1, 1941.
Executive Order No. 8640 is hereby amended to include within its provisions the articles and materials named in my proclamation of March 4, 1941.
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. 8702 (Mar. 4, 1941), https://executiveordersarchive.org/orders/app-executive-order-8702-prescribing-regulations-governing-the-exportation-articles-and.