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Sabinyo volcano and thick forest in Virunga National Park, Democratic Republic of Congo, habitat of the endangered mountain gorilla.
Credits: Martin Harvey/WWF

Executive Order (EO) 12114 Purpose and Requirements

Executive Order (EO) 12114 was issued January 4, 1979, “solely for the purpose of establishing internal procedures for Federal agencies to consider the significant effects of their actions on the environment outside the United States, its territories and possessions . . . .” (EO 12114, Section 3-1). The EO also specifically provides that its purpose is to enable Federal agencies to be informed of pertinent environmental considerations, and factor such considerations in their decisions; however, agencies must still take into account considerations such as foreign policy, national security, and other relevant special circumstances (EO 12114, Sections 1-1 and 2-5). EO 12114 defines the environment to mean only the natural and physical environment, but not social, economic, or other environments (EO 12114, Section 3-4). EO 12114 is not NEPA or the implementation of NEPA; however, EO 12114 does further the purpose of NEPA.

Section 2-3 of the EO encompassed the following categories of major Federal actions abroad:

Actions significantly affecting the environment of the global commons outside the jurisdiction of any nation (e.g., the oceans and the atmosphere). Actions significantly affecting the environment of a foreign nation not participating with the United States and not otherwise involved in the action (e.g., the reentry of a spacecraft and impact on such nation’s environment). Actions significantly affecting the environment of a foreign nation which provide to that nation:

A product or physical project producing a principal product or an emission or effluent, which is prohibited or strictly regulated by Federal law, in the U.S., because its toxic effects on the environment create a serious public health risk (e.g., DDT, asbestos, polychlorinated biphenyl (PCB); but not, for example, sulfur dioxide, chlorine, or ammonia). A physical project which in the U.S. is prohibited or strictly regulated by Federal law to protect the environment against radioactive substances (e.g., a nuclear reactor; but not, for example, export of a nuclear fuel for commercial power generation).

Actions significantly affecting natural or ecological resources of global importance, either designated for protection by the President or protected by a binding international agreement (e.g., protection of whales or migratory species; or binational transboundary agreements such as those between the United States and Canada).

Complying With EO 12114

EO 12114 Checklist

Record of Environmental Consideration (RECs) prepared for international missions using the new checklist: