Organization and Function Order 41-1

Organization and Function Order 41-1 (Amendment 1)
D.O.O. REFERENCE: 10-3: 40-1
EFFECTIVE DATE: March 17, 2006

Part I. EFFECT ON OTHER ORDERS

ITA Organization and Function Order 41-1 dated August 18, 2005 is hereby amended.

Part II. PURPOSE, AND PRINCIPAL ORGANIZATION

Section 1. Purpose

.01 This Order prescribes the internal organization and assignment of functions within the International Trade Administration (ITA).

.02 This amends Part V., Section 2. Organization and Functions of the order and implements the following organizational changes in the Trade Promotion and U.S. Foreign Commercial Service (TP/US&FCS): 1) transfers the coordination and management of the TP/US&FCS Teams Program from the Deputy Assistant Secretary for Domestic Operations to the Deputy Director General of the U.S. and Foreign Commercial Service 2) eliminates the Office of Planning and transfers its functions to the newly established Office of Strategic Planning and Resource Management; 3) creates the Office of Professional Development; 4) eliminates the Office of Trade Event Programs, the USA Trade Promotion and the Global Trade Programs units and their Executive Directors, respectively, and merges their functions with the functions of the Information Products and Product Coordination Staff into the newly created Trade Promotion Programs unit reporting to the Deputy Assistant Secretary for Domestic Operations; 5) re-describes the functions of the Office of Foreign Service Human Resources; and 6) revises the organization chart (Exhibit I).

.03 Part V of the Order, incorporating the organizational changes in Part .02 of this amendment, is completely replaced with the following:

Part V. THE ASSISTANT SECRETARY FOR TRADE PROMOTION AND DIRECTOR GENERAL OF THE U.S. & FOREIGN COMMERCIAL SERVICE

Section 1. Delegation of Authority

.01 Pursuant to the authority delegated to the Under Secretary by the Secretary of Commerce, and subject to such policies and directives as the Under Secretary may prescribe, the Assistant Secretary for Trade Promotion and Director General of the U.S. & Foreign Commercial Service (the "Assistant Secretary") is hereby delegated the authority of the Under Secretary under:

a. The Act of February 14, 1903, as amended (15 U.S.C. 1512 et seq.; Chapter 5 of Title 15 U.S.C.) to foster, promote and develop the foreign and domestic commerce of the United States;

b. The trade promotion and commercial functions transferred to the Secretary of Commerce from the Department of State or the Secretary of State by section 5(b)(1) of Reorganization Plan No. 3 of 1979, and by section 1-104 of Executive Order 12188 of January 2, 1980, as amended;

c. The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and such laws the exercise of which are authorized to the Secretary of Commerce under section 5(b)(2) of Reorganization Plan No. 3 of 1979 and by section 1-104 of Executive Order 12188 of January 2, 1980, as amended. This delegation is in addition to, and not in lieu of, the general delegation of personnel management authority to the Chief Financial Officer and Assistant Secretary for Administration, and is to be exercised and re-delegated in consonance with the Departmental policies issued by the Assistant Secretary for Administration;

d. Executive Order 10978 of December 5, 1961, regarding the Presidential "E" Award, "E" Certificate of Service, and "E Star" Award, except final selection of recipients;

e. The delegation of authority, dated June 25, 1962 from the President under Section 5(e) of Executive Order 11034 of June 25, 1962 as amended by Executive Order 11380 of November 8, 1967, insofar as said delegation pertains to promotion of international trade and collection of contributions under the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.);

f. The Act of October 18, 1962, as amended (46 U.S.C. 1122b), which authorized mobile trade fairs;

g. Chapter 23 of Title l5 U.S.C., regarding a clearinghouse for technical information, as is necessary for the preparation and dissemination of business and international economic information;

h. Sections 2301 and 2302 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721 and 22 U.S.C. 262s-2) regarding the U.S. and Foreign Commercial Service;

i. Section 2304 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4724) regarding trade shows;

j. Section 2306 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4725)regarding the U.S. and Foreign Commercial Service Pacific Rim Initiative;

k. Section 2307 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4726) regarding American Indian Tribes Export Promotion;

l. Section 2(a) of Reorganization Plan No. 3 of 1979 regarding general operational responsibilities for major non-agricultural international trade functions of the United States Government, including export development, commercial representation abroad, research and analysis, and monitoring compliance with international trade agreements to which the United States is a party;

m. The following sections of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (P.L. 102-511, 22 U.S.C. 5801 et seq.):

1. Section 102(b)(22 U.S.C. 5812(b)) regarding the coordination of export promotion activities;

2. Section 301 (22 U.S.C. 5821) regarding the functions related to the establishment and operation of American Business Centers;

3. Section 303(b) (22 U.S.C. 5823(b)) regarding the design and implementation of programs to provide adequate commercial and technical assistance to U.S. businesses seeking markets in the independent states of the former Soviet Union; and

4. Section 304 (22 U.S.C. 5824) regarding the interagency working group on energy of the Trade Promotion Coordinating Committee.

n. The following sections of the Jobs Through Exports Act of 1992, P.L. 102-549:

1. Section 401 (22 U.S.C. 4723a) regarding United States Commercial Centers in Asia, Latin America and Africa; and

2. Section 501 (22 U.S.C. 262s-2 note) regarding the appointment of additional procurement officers for each multilateral development bank.

o. Functions of the Secretary of Commerce under the following sections of the Export Enhancement Act of 1992, P.L. 102-429:

1. Section 201 (15 USC 4727), regarding the Trade Promotion Coordinating Committee;

2. Section 202, regarding one-stop shops for United States exporters;

3. Section 203, regarding Commercial Service cooperation in federal financing and insurance programs;

4. Section 204, regarding environmental trade promotion;

5. Section 205, regarding the rank of Commercial Service officers; and

6. Section 206, regarding a report on export policy.

.02 Except as otherwise provided, the Assistant Secretary may re-delegate the above authorities (Appendix I), subject to such conditions in the exercise of such authorities as he/she may prescribe.

Section 2. Organization and Functions

The Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service (the Director General) manages the Trade Promotion/U.S. Foreign and Commercial Service (TP/US&FCS); serves as spokesperson for the TP/US&FCS, notably with business and other external constituencies; directs ITA's export promotion programs and manages strategic commercial programs; directs marketing and outreach programs; manages a system of overseas posts and domestic offices which includes a global network of trade professionals responsible for facilitating U.S. firms' entry into and expansion of international trade; directs programs to increase participation by minority- and woman-owned firms in exporting; develops, implements and manages a unified program and personnel goal-setting and evaluation process ensuring that the activities of the TP/US&FCS are integrated with the rest of ITA; develops and manages a country planning process in coordination with the appropriate ITA Assistant Secretaries; contributes to the development and implementation of commercial policy; directs programs to assist U.S. firms to compete successfully for major projects and procurements worldwide through strategic, comprehensive, and focused advocacy support; directs trade events programs, including Commerce certification programs that partner with private sector and other event organizers; manages Trade Promotion Coordinating Committee (TPCC) interagency trade event planning, coordination and scheduling; ensures organization-wide consensus on event priorities; directs programs for collection and dissemination of trade and contact information for U.S. firms; provides centralized product and service coordination for trade promotion programs including event programs, matching services, and information programs; ensures that service delivery across the domestic and international field office network is seamless and coordinated, and manages programs to promote best practices, communication and continual feedback and improvement throughout the field network; directs programs to ensure top-quality customer relationship management and to obtain feedback from clients and employees to promote improvement; develops and administers, in coordination with the Departmental Office of Human Resources Management and the Department of State, personnel management programs for Foreign Service and Foreign Service National (FSN) employees of the TP/US&FCS; and provides Foreign Service human resources services to other units of the Department through memoranda of understanding.

The Director General coordinates with the Under Secretary for Industry and Security on export administration matters; the Assistant Secretary for Market Access and Compliance (and the Regional Deputy Assistant Secretaries) on market access and compliance issues; and the Assistant Secretary for Manufacturing and Services for programs related to strengthening the U.S. manufacturing base. The Director General carries out these functions through:

.01 The Deputy Director General of the U.S. and Foreign Commercial Service serves as the principal deputy to the Assistant Secretary; manages major TP/US&FCS programs/ initiatives to support development and implementation of ITA policy initiatives, including directing and coordinating the associated efforts of field and headquarters units; with the Assistant Secretary, develops TP/US&FCS program strategy based on integration of trade policy and export assistance programs; manages government reinvention programs and initiatives drawing on all TP/US&FCS units; performs such duties as the Assistant Secretary may assign; coordinates and manages the TP/US&FCS Teams Program; and assumes the duties of the Assistant Secretary during the latter's absence.

.02 The Advocacy Center assists U.S. firms in obtaining sales contracts for foreign projects or acquisitions; maintains the official project tracking database on those international projects for which U.S. companies are requesting and receiving U.S. Government advocacy assistance and shares the information contained in this database with Advocacy Network agencies, U.S. embassies and consulates, the Bureau of Industry and Security, and other ITA units; provides government assistance to encourage foreign decision makers to select U.S. bidders; manages and oversees the operations of liaison offices with four regional multilateral development banks and the World Bank providing American companies with information about and access to the resources of each bank; implements the recommendations set forth in the National Export Strategy, including the creation of the Advocacy Network (which includes the TPCC agencies and other agencies as appropriate based on specific advocacy cases) to coordinate TPCC interagency advocacy support, and effective strategies for advocacy; assists U.S. companies in accessing available financing, grants and risk assurances from TPCC agencies; creates interagency teams for particular major projects; coordinates development and implementation of advocacy strategy with senior ITA and Department officials as appropriate; and responds to customer service needs articulated by U.S. firms requesting advocacy assistance.

.03 The Office of Strategic Planning and Resource Management performs strategic planning and analysis for TP/US&FCS operations on behalf of the Assistant Secretary; ensures operating policies are consistent and coordinated across TP/US&FCS; manages an organization-wide performance measures quality control program; develops TP/US&FCS resource strategy based on the Assistant Secretary's priorities and manages strategic resource and scenario planning; develops integrated TP/US&FCS positions on resource-related issues; directs program and operations evaluations/reviews; directs the Management and Program Review program; develops and executes, in consultation with the Deputy Assistant Secretaries, organization development strategies supporting implementation of cross-cutting management initiatives; provides IG and GAO liaison and follow-up; coordinates TP/US&FCS internal control responsibilities; designs and maintains TP/US&FCS resource allocation models, including the Overseas and Domestic Resource Allocation Models; provides resource and administrative coordination with ITA administration units; performs product coordination functions, including developing and testing new products and services and coordinating roll out of approved new products; and manages planning, priority-setting and coordination of information technology needs, including liaison with the Office of the Chief Information Officer on needs, project timelines and implementation.

.04 The Office of Professional Development manages programs and operations in support of workforce planning and professional development for the TP/US&FCS worldwide workforce and establishes applicable internal guidance and business processes; formulates and delivers a comprehensive professional and workforce development program with emphasis on implementing mission-specific training programs to equip staff with the skills and attitudes needed to meet the export assistance needs of U.S. companies, especially small-and-medium sized companies; ensures that programs build and sustain core tradecraft and related proficiencies and provide for the distinct needs of a geographically dispersed and technically complex array of employee populations; creates and directs programs to orchestrate worldwide interchange of expertise and techniques that enhance export assistance programs and events and foster seamless TP/US&FCS global client service; provides programs to build and maintain a work environment conducive to high performance and to attracting and retaining top-quality staff; directs distance-learning programs; directs the centralized Tour of Duty (TDY) program; ensures that programs address issues arising in the context of the Trade Promotion Coordinating Committee or legislative action; and serves as liaison with the ITA Office of Human Resources Management and ensures TP/US&FCS adheres to agency policy and practices issued by the ITA Office of Human Resources Management.

.05 The Deputy Assistant Secretary for Domestic Operations manages the TP/US&FCS domestic field operation; oversees and coordinates the planning, development and implementation of programs, policies and procedures for field staff responsible for providing export promotion assistance to U.S. businesses domestically; directs and coordinates the preparation of U.S. Export Assistance Center (USEAC) plans; directs development of export promotion partnership programs with states, cities, other federal agencies, and national and local private-sector associations; directs the President's "E" and "E" Star Awards program; manages the National Field Support Staff, which provides support to the DAS in the management of domestic field operations, coordinates administrative management issues across offices, establishes regional fiscal and personnel allocations in consultation with the National Director, and maintains liaison with ITA Administration, the Department of Interior National Finance Center and NOAA’s Administrative Support Centers as appropriate to ensure efficient and effective administrative servicing for field offices; and directs programs to ensure top-quality customer relationship management and to obtain feedback from clients to promote program and service improvement. Through the Executive Director for Trade Promotion Programs, the Deputy Assistant Secretary also manages Trade Programs, Marketing and Communications, and the Trade Information Center. The DAS directs:

a. The Executive Director for Trade Promotion Programs provides strategic direction on the execution of trade promotion programs, including client development, marketing and communications, outreach and strategic partnerships, and trade event programs. The Executive Director directs:

(1) The Trade Programs Unit which directs trade event programs such as the International Buyer Program, the Trade Fair Certification Program, trade missions, and international catalog exhibitions to provide opportunities for U.S. firms to promote products and services; provides event planning, scheduling, recruitment, and implementation for field and industry-driven event programs; ensures organization-wide consensus on event priorities; directs, coordinates and monitors trade event scheduling for ITA and other USG agencies and maintains a government-wide trade event schedule; monitors implementation of trade event guidelines and provides reports on event execution to the ITA Trade Events Board, which includes representatives from the TP/US&FCS, MAC, MAS, the TPCC, the CFO and which reviews and approves trade mission proposals and coordinates development of procedures on event-related issues; and monitors trade event resource and program tracking systems, including the monitoring of budgets and fiscal management controls for trade events.

(2) The Marketing and Communications Unit which directs marketing, media and client outreach and recognition programs; identifies and refines marketing best practices for client lead identification and management; creates an effective network of strategic partners for TP/US&FCS, encompassing relationships with corporate partners, key associations, and Exim, SBA, TDA, State, and OPIC; conducts E-business outreach and coordinates the TP/US&FCS web presence; devises a market segmentation, list development and direct marketing strategy; coordinates efforts to develop innovative information/research products designed to help solve exporting challenges; coordinates collection, development and distribution of customized and non-customized market-specific products and services for use by U.S. firms in assessing market characteristics and potential; and supports key organizational efforts such as the Customer Relationship Management technology initiatives, the optimization of export.gov, and the ITA branding initiative.

(3) The Trade Information Center which manages a central U.S. Government contact point that provides U.S. businesses comprehensive export information on all Government export programs, guides them through the export process, provides information on economic and commercial opportunities and conditions, regulations, and customs procedures, and identifies and qualifies new clients; and Business Information Centers (BIC), which are primarily web-based resources that provide market intelligence information on relevant trade events, seminars, and client services as well as access to ITA support in key regional and country markets.

b. The National Director provides strategic direction as well as management oversight for the nationwide USEAC network; directs the development and implementation of annual work plans; ensures that plans reflect organizational direction and priorities and that domestic office programs and activities are aligned with ITA priorities and local export opportunities; conducts periodic domestic office site visits; appraises the performance of the USEAC Network Directors; allocates and manages a network budget within the TP/US&FCS resource allocation framework; determines personnel allocations and approves space management plans; and advises the Deputy Assistant Secretary for Domestic Operations on management issues. The National Director directs:

(1) The Office of Operations formulates, coordinates and guides design and development of nationwide export assistance strategies and pilot initiatives in consultation with USEAC Network Directors; monitors accomplishments against strategic direction and plans; manages and coordinates programs to develop, assist, and maintain export assistance partnerships with states, cities, other federal agencies, national and local private sector organizations (e.g., Chambers of Commerce), and others, including the District Export Council; coordinates domestic field operations with trade-related programs of other Federal agencies; develops, implements, and coordinates export finance assistance programs for domestic field operations, including cooperative activities with the Exim, the SBA and other TPCC agencies; maintains liaison with other ITA officials, other Government agencies, industry, and academe to develop techniques for delivering programs to increase exporting by companies throughout the United States; maintains central statistics on domestic office activity and performance; provides network-wide analyses of domestic office activity and performance; organizes periodic USEAC conferences; ensures consistency in policy and program implementation across USEACs; coordinates or provides for cross-USEAC program support; and manages the flow of program communications among domestic offices, TP/US&FCS units, and other departments and federal agencies.

(2) The U.S. Export Assistance Centers of the TP/US&FCS are located in commercial centers of the United States and exercise functional responsibility within such contiguous areas consistent with USEAC plans. Each USEAC is headed by a Director who is responsible for initiating and implementing Annual Work Plans in accordance with objectives, policies and procedures established by the DAS and responsive to local export opportunities. The USEACs are the domestic link in the global network of trade professionals responsible for promoting U.S. exports. USEACs counsel U.S. firms on overseas marketing opportunities and strategies; provide information on exporting; conduct specialized seminars, workshops and conferences; obtain commercial information for U.S. firms for use in planning and implementing export business strategies; disseminate information on trade development and trade policy issues to the business community and implement annual work plans. USEACs work cooperatively with key partner agencies and organizations, especially Exim, SBA and state trade offices.

.06 The Deputy Assistant Secretary for International Operations manages the TP/US&FCS overseas field operation; oversees and coordinates the planning, development and implementation of programs, policies and procedures for overseas staff responsible for assisting U.S. businesses abroad; oversees and coordinates the preparation and implementation of post strategic plans; serves as the principal liaison for communication between overseas posts and TP/US&FCS program areas and other ITA units; cooperates with the ITA, Commerce and State Department security offices to provide policy guidance, provides resources to overseas non-co-located posts for physical security, and negotiates agreements with State for implementing security measures; develops and administers, in coordination with the Departmental Office of Human Resources Management and the Department of State, personnel management programs for Foreign Service and Foreign Service National (FSN) employees of the TP/US&FCS; monitors and negotiates payment to the State Department for shared administrative support and represents the TP/US&FCS and units for which the TP/US&FCS supports staff at posts (such as the Bureau of Industry and Security and the Patent and Trademark Office) on the Interagency Cooperative Administrative Support System working group and council; provides Foreign Service human resources services to other units of the Department through memoranda of understanding; and maintains liaison with State and Commerce Department administrative offices to provide for administrative support for overseas posts, including negotiation and management of leased quarters, renovations, supplies and local transportation. The DAS directs:

a. The Regional Directors for the overseas posts provide management and operational oversight of post activities; direct the development and implementation of post strategic plans and mediate workload issues arising between overseas posts and ITA's units; ensure that strategic plans and country programs reflect organizational direction, ITA priorities, and country opportunities; monitor accomplishments against post strategic plans; monitor, advise, and report on post program implementation; appraise the performance of Senior Commercial Officers (SCOs) and obtain comment from other TP/US&FCS elements and other agencies for appraisal purposes; maintain liaison with other ITA officials, other government agencies, industry, and academe to develop techniques for delivering programs to promote U. S. commercial interests abroad; provide recommendations to the Assistant Secretary on proposed officer assignments; establish, allocate, and manage personnel and fiscal resources using resource allocation tools and performance management; manage development, monitoring and maintenance of budget and fiscal management controls for post trade events; conduct annual post site visits and organize and manage periodic regional TP/US&FCS SCO conferences; and develop regional initiatives, strategies and techniques to achieve commercial objectives. There are four Regional Directors:

1. Western Hemisphere;

2. Africa, Near East, South Asia;

3. East Asia and the Pacific; and

4. Europe.

The TP/US&FCS posts are the overseas operational arms of the Department of Commerce for export development activities. They are responsible for promoting U.S. exports and defending U.S. commercial interests abroad; implementing the full range of Department of Commerce overseas commercial programs and activities, including those administered by ITA, other Commerce agencies, and other U.S. Government agencies; and coordinating, within their area of jurisdiction, the activities of all ITA personnel overseas. Overseas posts are directed by a Senior Commercial Officer who reports directly to the ambassador or deputy chief of mission for in-country policy, operational, and administrative relationships and to the Regional Director for overseas operations of the posts in the region. The Senior Commercial Officer at each post is responsible for post administration and resource management in accordance with objectives, policies and procedures established by the International Trade Administration, as conveyed through the Assistant Secretary, and is responsible for the direction and supervision of program implementation as conveyed through post strategic plans and the Country Commercial Guide (CCG). The Senior Commercial Officer in a country has overall responsibility for all ITA activities and personnel in that country.

b. The Office of Foreign Service Human Resources (OFSHR) is responsible for developing, in coordination with the Office of International Operations, ITA, and the Departments of Commerce and State, and administering human resources management programs for employees under the Foreign Service personnel system. OFSHR has the responsibility and/or oversight for: recruitment and assessment support for Foreign Service Officers; classification of Foreign Service positions (both American and local); staffing of Foreign Service positions, including the NSDD-38 process and pre-employment clearances (security/medical/drug tests); monitoring Foreign Service personnel records and processing; career development and individual training needs for Officers and local staff; Foreign Service performance management, including appraisals and awards; conducting the Selection and Commissioning and Tenure Boards; administering the Foreign Service Grievance system; travel of employees and their families and shipment of their effects; Foreign Service allowances and benefits; employee and labor relations; time and attendance and payroll processing for Officers; monitoring the language proficiency of Foreign Service employees; supporting CS activities at the Board of the Foreign Service; maintaining liaison with the State Department on local hire issues; and representing the TP/US&FCS at the Department of Commerce Human Resource counterpart meetings and representing the Department at interagency meetings with respect to Foreign Service issues.

c. The Foreign Service Career Development and Assignments Staff develops and executes management initiatives designed to create a single, global-minded export promotion workforce equipped with both the skills and domestic/overseas experience to best serve U.S. business throughout the world including recruitment and selection for this workforce; coordinates with the Board of Examiners and the Board of the Foreign Service on recruitment and selection issues; manages a worldwide assignments/position management system; analyzes workforce skill requirements, capabilities and needs, translating results into organizational action plans; formulates human resource development and diversity policies and employee development programs; represents management in labor relations issues; and provides career counseling and advice to officers on career path and assignment-related issues.

The attached organization chart supersedes the chart effective with the order dated August 18, 2005.

__________(Signed)______________
Under Secretary for International Trade