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MemoMemorandumObama · D

Presidential Memorandum

Delegation of Responsibility Under the Senate Resolution of Advice and Consent to Ratification of the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation; and the Defense Trade Cooperation Treaties Implementation Act of 2010

This memorandum delegates presidential authority to the Secretary of State to make required congressional certifications, reports, and notifications before the U.S.-UK Defense Trade Cooperation Treaty enters into force, as well as annual reports thereafter, and to notify Congress of amendments to Implementing Arrangements under the 2010 Act. The delegation requires consultation with other agency heads as appropriate.

Federal Register Open PDF 77 FR 15231

Impact dates

  1. Annual reports to Congress after treaty entry into force

  2. Certifications, reports, and notifications to Congress prior to treaty entry into force

Key directives

  • Delegate presidential function to Secretary of State to make certifications, reports, and notifications to Congress prior to treaty entry into force
  • Delegate annual reporting to Congress consistent with section 2 of Senate Resolution of Advice and Consent dated September 29, 2010
  • Delegate responsibility to notify Congress of amendments to Implementing Arrangements under section 105(c) of the Defense Trade Cooperation Treaties Implementation Act of 2010
  • Require consultation with heads of other executive departments and agencies as appropriate
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect

Near term (90d)

  • Secretary of State to prepare and submit pre-entry-into-force certifications and reports to Congress

Long term

  • Ongoing annual reporting obligation to Congress
  • Future congressional notifications of amendments to Implementing Arrangements under section 105(c)

Risks & tensions

  • No specific calendar deadlines provided; timing contingent on treaty entry into force and future amendment events
  • Delegation creates interagency coordination requirement ('consultation with heads of other executive departments and agencies') that may slow responsiveness
  • Vague 'as appropriate' qualifier on consultation may create ambiguity about which agencies must be consulted
Presidential Memorandum: Delegation of Responsibility Under the Senate Resolution of Advice and Consent to Ratification of the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation; and the Defense Trade Cooperation Treaties Implementation Act of 2010 · Executive Orders