Assignment of Certain Functions Relating to Procurement Sanctions on Persons Engaging in Export Activities that Contribute to Proliferation

This memorandum delegates presidential functions under section 821 of the Foreign Relations Authorization Act to the Secretary of State, with one exception assigning a specific function to the Secretary of Defense. It requires interagency consultation among State, Defense, Treasury, Commerce, and other agencies in carrying out these procurement sanctions functions.

Federal Register Open PDF 72 FR 11283

Impact dates

Mar 12, 2007
Publication in Federal Register

Key directives

Assign functions of the President under 22 U.S.C. 6301 to the Secretary of State
Assign function under section 821(c)(2)(A) to the Secretary of Defense
Require Secretaries of State and Defense to consult with Treasury, Commerce, and other agency heads as appropriate
Direct Secretary of State to publish memorandum in the Federal Register

Who is ordered

Timeline

Immediate

Delegation of presidential functions takes effect upon signing
Secretary of State directed to publish in Federal Register

Near term (90d)

—

Long term

Ongoing implementation of procurement sanctions on proliferation-related exporters

Risks & tensions

Split authority between State and Defense could create coordination challenges on sanctions decisions
Vague 'as appropriate' consultation requirement lacks enforcement mechanism
Memorandum does not define scope of 'heads of other departments and agencies' consultation