Delegation of Functions and Authorities Under the Sanctioning the Use of Civilians as Defenseless Shields Act

This memorandum delegates presidential authorities under the Sanctioning the Use of Civilians as Defenseless Shields Act (Public Law 115-348) to the Secretary of State and Secretary of the Treasury. The Secretary of State receives section 3(g) authorities, while the Secretary of the Treasury receives sections 3(a), 3(b), 3(c), 3(d)(1), and 3(h) authorities in consultation with the Secretary of State.

Federal Register Open PDF 84 FR 27697

Impact dates

Jun 12, 2019
Federal Register filing date (published FR Doc. 2019-12696)

Key directives

Delegate section 3(g) authorities to Secretary of State
Delegate sections 3(a), 3(b), 3(c), 3(d)(1), 3(h) authorities to Secretary of Treasury in consultation with Secretary of State
Exercise delegated functions through National Security Presidential Memorandum-4 process
Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation of sanctioning authorities takes effect upon memorandum signing

Near term (90d)

Implementation through National Security Presidential Memorandum-4 process

Long term

Ongoing sanctions enforcement against entities using civilians as defenseless shields

Risks & tensions

Requires interagency coordination through NSPM-4 process which may create bureaucratic friction
Consultation requirement between Treasury and State on Treasury's authorities could slow action
Vague 'substantially the same' clause for future acts creates legal uncertainty