ExecutiveOrdersEO
MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority To Submit to the Congress Certain Certifications, Reports, and Notifications

This memorandum delegates presidential authority to the Secretary of State to submit certifications, reports, and notifications to Congress regarding the U.S.-Australia Defense Trade Cooperation Treaty, including pre-entry-into-force submissions and annual reports thereafter, as well as congressional notification of amendments to implementing arrangements under the 2010 Act.

Federal Register Open PDF 78 FR 13997

Key directives

  • Delegate to Secretary of State the function to make all certifications, reports, and notifications to Congress prior to treaty entry into force and annual reports thereafter
  • Delegate to Secretary of State responsibility to provide congressional notification of amendments to implementing arrangements under section 105(c) of the Act
  • Direct Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect

Near term (90d)

  • Secretary of State assumes responsibility for treaty-related congressional submissions

Long term

  • Ongoing annual reporting obligation to Congress on defense trade cooperation with Australia

Risks & tensions

  • Delegation shifts accountability from President to Secretary of State for sensitive defense trade matters; potential tension if Secretary's submissions diverge from presidential preferences
  • Treaty implementation timeline dependent on external factors not specified in document
Presidential Memorandum: Delegation of Authority To Submit to the Congress Certain Certifications, Reports, and Notifications · Executive Orders