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MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Authority Under the Better Utilization of Investments Leading to Development Act of 2018

This memorandum delegates presidential authority to the Secretary of State to certify that providing development support to upper-middle-income countries under the BUILD Act serves U.S. national economic or foreign policy interests. The delegation is forward-looking, applying to any future substantially similar statutory provisions.

Federal Register Open PDF 85 FR 45749

Impact dates

  1. Publish memorandum in Federal Register

Key directives

  • Delegate to Secretary of State authority to certify support for upper-middle-income countries under BUILD Act section 1412(c)(2)(A)
  • Apply delegation to future substantially similar statutory provisions
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of certification authority to Secretary of State takes effect

Near term (90d)

—

Long term

  • Potential shift in how U.S. development finance decisions are made for middle-income countries
  • Application to future substantially similar legislation

Risks & tensions

  • Potential tension between State Department and development finance agencies over certification decisions
  • Vague 'substantially the same' language may create legal uncertainty about scope of delegation
  • Centralization of certification authority in State Department may reduce interagency coordination
Presidential Memorandum: Delegation of Authority Under the Better Utilization of Investments Leading to Development Act of 2018 · Executive Orders