Delegation of Certain Functions and Authorities Under the Countering America's Adversaries Through Sanctions Act of 2017

Impact dates

1. Oct 26, 2017

   Federal Register filing

Key directives

• Delegate section 110 CAATSA authority to Secretary of State
• Delegate specified sections 104(b)(1), 107(a), 107(d), 108(b)(2), 109, 112 to Secretary of State (with Treasury consultation for some)
• Delegate sections 104(c)(1), 107(b)(1) to Secretary of Treasury
• Delegate sections 104(b)(2)-(6), 104(e), 106(b)(1), 108(a)(1), 108(b)(1) to Secretary of Treasury (with State consultation)
• Delegate sections 105(b), 108(a)(2), 111(b) to State and Treasury jointly with consultation requirements
• Delegate sections 104(b) and 107(a) sanctions imposition to State, Treasury, and DHS commensurate with respective responsibilities
• Apply delegations to future substantially similar public laws
• Secretary of State to publish in Federal Register

Who is ordered

• Secretary of State · State Department
• Secretary of the Treasury · Treasury Department
• Secretary of Homeland Security · Department of Homeland Security

Timeline

Risks & tensions

• Inter-agency consultation requirements may create friction or delay in sanctions decisions
• Commensurate responsibility language leaves ambiguity about which secretary has final authority in overlapping areas
• Delegation pattern suggests potential for inconsistent application across agencies