Delegation of Functions and Authorities Under the Nicaragua Human Rights and Anticorruption Act of 2018

This memorandum delegates presidential authorities under the Nicaragua Human Rights and Anticorruption Act of 2018 to the Secretaries of Treasury and State. The Secretary of Treasury receives authority to make determinations and impose certain sanctions, while the Secretary of State receives authority to impose other sanctions and handle visa-related measures, with required consultation between the two departments.

Federal Register Open PDF 84 FR 27695

Impact dates

Jun 12, 2019
Federal Register filing date (published FR Doc. 2019-12695)

Key directives

Delegate to Secretary of Treasury, in consultation with Secretary of State, determination functions under sections 5(a)(1)-(4) of the Act
Delegate to Secretary of Treasury imposition of sanctions under section 5(c)(1)(A) following Treasury determination
Delegate to Secretary of Treasury, in consultation with Secretary of State, functions under section 5(d) of the Act
Delegate to Secretary of State imposition of sanctions under section 5(c)(1)(B) following Treasury determination
Delegate to Secretary of State, in consultation with Secretary of Treasury, functions under section 6(b) of the Act
Exercise delegated functions through National Security Presidential Memorandum-4 process
Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

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

Near term (90d)

Implementation of sanctions determination process through National Security Presidential Memorandum-4 coordination

Long term

Ongoing sanctions enforcement and potential designations under the Act

Risks & tensions

Potential interagency friction given required consultation between Treasury and State on overlapping authorities
Ambiguity in 'substantially the same' future Act reference could create legal uncertainty