Delegation of Certain Functions and Authorities Under the Iran Freedom and Counter-Proliferation Act of 2012

Impact dates

1. Jun 3, 2013

   Publication of memorandum in Federal Register by Secretary of State

Key directives

• Delegate IFCA Section 1244(c)(1)-(2) to Secretary of Treasury in consultation with Secretary of State
• Delegate IFCA Section 1244(d)(1)(A) to Secretary of State with multi-agency consultation and conditional implementation delegation to relevant agency heads
• Delegate IFCA Section 1245(a)(1)(A)-(C) with similar conditional implementation structure
• Delegate IFCA Section 1246(a)(1)(A)-(C) with conditional implementation delegation
• Delegate IFCA Section 1248(b)(1) sanctions authorities to Treasury and State respectively
• Delegate IFCA Section 1252(a) intelligence reporting to Director of National Intelligence
• Delegate amended CISADA Section 105C(b) list submission requirements to Secretary of State
• Delegate amended CISADA Section 105C(a)(1) and 401(b) sanctions and visa authorities to Treasury and State
• Authorize and direct Secretary of State to publish memorandum in Federal Register

Who is ordered

• Secretary of State · State Department
• Secretary of the Treasury · Treasury Department
• Attorney General · Department of Justice
• Secretary of Energy · Department of Energy
• Secretary of Commerce · Department of Commerce
• Secretary of Homeland Security · Department of Homeland Security
• United States Trade Representative · Office of the United States Trade Representative
• Director of National Intelligence · Office of the Director of National Intelligence
• Chairman of the Board of Governors of the Federal Reserve System · Federal Reserve System
• President of the Export-Import Bank · Export-Import Bank of the United States

Timeline

Risks & tensions

• Complex multi-agency consultation requirements may create coordination delays or jurisdictional disputes between Treasury and State
• Conditional delegation structure ('once applicable sanctions...are selected') creates implementation uncertainty dependent on future determinations
• Reference to 'any hereafter-enacted provisions of law' provides broad automatic applicability to future similar statutes without requiring updated delegation