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MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Delegation of Authority Under Section 1245(d)(5) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81)

This memorandum delegates presidential authority under Section 1245(d)(5) of the FY 2012 NDAA to the Secretary of State, to be exercised in consultation with the Secretary of the Treasury. This provision relates to sanctions waivers for countries that significantly reduce purchases of Iranian oil.

Federal Register Open PDF 79 FR 6453

Impact dates

  1. Federal Register publication filed

Key directives

  • Delegate authority under 1245(d)(5) of FY 2012 NDAA to Secretary of State
  • Secretary of State must consult with Secretary of the Treasury when exercising delegated authority
  • Future substantially similar provisions automatically incorporated by reference
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing

Near term (90d)

—

Long term

  • Ongoing implementation of Iran sanctions waiver authority by Secretary of State

Risks & tensions

  • Consultation requirement with Treasury may create interagency friction on sanctions decisions
  • Automatic incorporation of future similar provisions may raise separation of powers concerns
  • Delegation pattern consolidates sanctions authority within State Department
Presidential Memorandum: Delegation of Authority Under Section 1245(d)(5) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) · Executive Orders