Delegation of Functions Under Sections 404 and 406 of Public Law 112-208

This memorandum delegates presidential functions under sections 404 and 406 of Public Law 112-208 (the Sergei Magnitsky Rule of Law Accountability Act of 2012) to the Secretary of the Treasury and Secretary of State. Treasury gains authority over determinations and certain sanctions-related functions; State gains authority over list submissions, reports, and related diplomatic functions, each required to consult with the other.

Federal Register Open PDF 78 FR 22763

Impact dates

Apr 15, 2013
Federal Register publication filed

Key directives

Delegate functions under sections 404 and 406 of P.L. 112-208 to Secretary of the Treasury (in consultation with Secretary of State)
Delegate functions under sections 404 and 406 of P.L. 112-208 to Secretary of State (in consultation with Secretary of the Treasury)
Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Memorandum takes effect upon signing
Delegation of functions to Treasury and State

Near term (90d)

Implementation of delegated authorities under P.L. 112-208

Long term

Ongoing sanctions determinations and list maintenance under Magnitsky framework

Risks & tensions

Inter-agency coordination required between Treasury and State may create friction
Vague on consultation requirements—no enforcement mechanism specified
Magnitsky sanctions implementation has historically been politically sensitive