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Presidential Determination

Presidential Determination On the Delegation of Certifications Under Section 1512 of Public Law 105-261

This determination delegates presidential certification functions under Section 1512 of the 1999 NDAA (Public Law 105-261) to the Secretary of Commerce. The Secretary must consult with other executive department and agency heads as appropriate when performing this responsibility.

Federal Register Open PDF 74 FR 50913

Impact dates

  1. Publication in Federal Register

Key directives

  • Delegate to Secretary of Commerce the functions of the President under section 1512 of NDAA FY1999
  • Consult with heads of other executive departments and agencies as appropriate
  • Publish this determination in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of presidential certification authority to Secretary of Commerce takes effect

Near term (90d)

  • Publication of determination in Federal Register

Long term

  • Ongoing exercise of delegated certification functions under Section 1512 of 1999 NDAA

Risks & tensions

  • Specific scope of 'certifications' under Section 1512 not defined in document—typically relates to export controls/sanctions compliance for satellite/missile technology
  • Consultation requirement is discretionary ('as appropriate') rather than mandatory
  • Minimal procedural document with limited transparency into substantive policy implications
Presidential Determination: Presidential Determination On the Delegation of Certifications Under Section 1512 of Public Law 105-261 · Executive Orders