Delegation of Certain Functions and Authorities Under the North Korea Sanctions and Policy Enhancement Act of 2016

This memorandum delegates specific authorities granted to the President under the North Korea Sanctions and Policy Enhancement Act of 2016 to the Secretaries of State, Treasury, and Commerce, and the Director of National Intelligence. It assigns discrete responsibilities for sanctions implementation, reporting, and strategy development across these officials, with required consultation between them.

Federal Register Open PDF 81 FR 37479

Key directives

Delegate section 103(a) functions to Secretary of State in consultation with Secretary of the Treasury
Delegate sections 208(b), 208(c), 401(a), 401(b), 402 to Secretary of State with Treasury consultation for Treasury actions
Delegate section 301 to Secretary of State and direct strategy development under section 202(c)
Delegate sections 104(a), 104(b), 104(d), 209(b), 304(b) to Secretary of the Treasury in consultation with Secretary of State
Delegate sections 102(a), 104(c), 104(e), 208(d) to Secretary of the Treasury
Delegate section 205(a) to Director of National Intelligence in consultation with Secretary of State
Assign joint responsibility for section 209(a) reporting across Treasury, DNI, and State
Delegate section 404(a) to all four officials as necessary
Direct Secretary of State to publish in Federal Register

Who is ordered

Timeline

Immediate

Delegations take effect upon memorandum signing
Federal Register publication directed

Near term (90d)

Strategy development under section 202(c) of the Act
Report preparation under section 209(a)(1)

Long term

Ongoing sanctions administration and enforcement
Periodic reporting and assessment cycles as mandated by Act sections

Risks & tensions

Multiple consultation requirements may slow decision-making
Overlapping authorities between State and Treasury could create coordination friction
Section 209(a) joint reporting structure divides analytical and strategic components across three actors