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Presidential Memorandum

Delegation of Functions and Authorities Under the Protecting American Intellectual Property Act of 2022

This memorandum delegates presidential authorities under the Protecting American Intellectual Property Act of 2022 to specific Cabinet members. The Secretary of State receives primary responsibility for preparing an annual report on intellectual property theft and selecting sanctions, with support from intelligence, law enforcement, and commerce agencies. The Secretary of Treasury receives authority over certain financial sanctions provisions.

Federal Register Open PDF 89 FR 64345

Impact dates

  1. Agencies provide pertinent information to Secretary of State at least 90 days before annual report deadline

Key directives

  • Delegate section 2(a) report preparation functions to Secretary of State with input from DNI, Attorney General, Secretary of Commerce, and other relevant agency heads
  • Require DNI, Attorney General, Secretary of Commerce, and other relevant agencies to provide pertinent information to Secretary of State at least 90 days before annual report deadline
  • Delegate section 2(b)(1) sanctions selection authority to Secretary of State in consultation with other relevant agencies
  • Delegate implementation of selected sanctions to heads of relevant agencies commensurate with their responsibilities
  • Delegate section 2(b)(2)(A) and 2(d) functions to Secretary of the Treasury
  • Delegate section 2(c) functions to Secretary of State
  • Apply delegations to future substantially similar laws
  • Authorize Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum takes effect upon issuance
  • Secretary of State authorized to publish in Federal Register

Near term (90d)

  • Agencies must provide pertinent information to Secretary of State at least 90 days before annual report deadline

Long term

  • Annual reporting cycle continues under delegated framework
  • Future substantially similar laws automatically covered by these delegations

Risks & tensions

  • Exact deadline for annual report to Congress not specified in memorandum—only relative timing for agency inputs is stated
  • Multiple agency coordination required (State, DNI, DOJ, Commerce, Treasury) creates potential for interagency friction or delays
  • Delegation of sanctions selection to Secretary of State while implementation goes to 'heads of other relevant agencies' could create accountability gaps
  • Automatic application to future substantially similar laws reduces need for future presidential action but limits oversight of expanding delegations
Presidential Memorandum: Delegation of Functions and Authorities Under the Protecting American Intellectual Property Act of 2022 · Executive Orders