MemoMemorandumBiden · D Quiet signal

Presidential Memorandum

Delegation of Certain Functions and Authorities Under the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act

This memorandum delegates specific presidential authorities under the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act to the Secretary of the Treasury and Secretary of State. The Treasury Secretary receives authority over sovereign debt restructuring and related economic measures, while the State Secretary receives authority over diplomatic and policy provisions, in consultation with Treasury.

Impact dates

  1. Publish memorandum in Federal Register

Key directives

  • Delegate to Secretary of Treasury functions under sections 104(a)(1) and 104(a)(2)(A) of the Act
  • Delegate to Secretary of State functions under sections 104(g), 104(i), 105(c), 105(e), and 105(g) of the Act, in consultation with Secretary of Treasury
  • Apply delegations to future substantially similar public law provisions
  • Secretary of Treasury to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authorities takes effect upon signing
  • Secretary of Treasury directed to publish in Federal Register

Near term (90d)

  • Implementation of delegated authorities under sections 104 and 105 of the Act

Long term

  • Ongoing application to future public laws with substantially similar provisions
  • Potential sovereign debt restructuring operations for Ukraine

Risks & tensions

  • Consultation requirement between State and Treasury may create coordination friction
  • Sovereign debt restructuring authority carries significant financial and geopolitical risk
  • Vague 'substantially the same' standard in Section 2 creates interpretive uncertainty for future laws
Presidential Memorandum: Delegation of Certain Functions and Authorities Under the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act · Executive Orders