Delegation of Certain Functions and Authorities Under the Iran Freedom and Counter-Proliferation Act of 2012, 35545-35548 [2013-14160]

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• Executive Office of the President

[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Presidential Documents]
[Pages 35545-35548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14160]




                        Presidential Documents 



Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 35545]]

                Memorandum of June 3, 2013

                
Delegation of Certain Functions and Authorities 
                Under the Iran Freedom and Counter-Proliferation Act of 
                2012

                Memorandum for the Secretary of State[,] the Secretary 
                of the Treasury[,] the Attorney General[,] the 
                Secretary of Energy[,] the Secretary of Commerce[,] the 
                Secretary of Homeland Security[, the] United States 
                Trade Representative[,] the Director of National 
                Intelligence[, the] Chairman of the Board of Governors 
                of the Federal Reserve System[, and the] President of 
                the Export-Import Bank

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 301 of title 3, United 
                States Code, I hereby order as follows:

                I hereby delegate functions and authorities vested in 
                the President by the Iran Freedom and Counter-
                Proliferation Act of 2012 (subtitle D of title XII of 
                Public Law 112-239) (22 U.S.C. 8801 et seq.) (IFCA), as 
                follows:

                     Section 1244(c)(1) and (c)(2) to the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State;
                     Section 1244(d)(1)(A) to the Secretary of 
                State, in consultation with the Secretaries of the 
                Treasury and Commerce and the United States Trade 
                Representative, and with the Secretary of Homeland 
                Security, the President of the Export-Import Bank of 
                the United States, and the Chairman of the Board of 
                Governors of the Federal Reserve System and other 
                agencies as appropriate, and, once applicable sanctions 
                outlined in section 6(a) of the Iran Sanctions Act of 
                1996 (Public Law 104-172) (50 U.S.C. 1701 note), as 
                amended (ISA), are selected pursuant to section 
                1244(d)(1)(A), authority to implement such sanctions is 
                delegated to the relevant agency heads commensurate 
                with any delegation of such authorities and consistent 
                with any relevant Executive Orders implementing ISA;
                     Section 1244(d)(2) to the Secretary of the 
                Treasury, in consultation with the Secretary of State;
                     Section 1244(f) to the Secretary of State, 
                in consultation with the Secretary of the Treasury;
                     Section 1244(i) to the Secretary of State, 
                in consultation with the Secretary of the Treasury;
                     Section 1245(a)(1)(A) to the Secretary of 
                the Treasury, in consultation with the Secretaries of 
                State and Commerce and the United States Trade 
                Representative, and with the Secretary of Homeland 
                Security, the President of the Export-Import Bank of 
                the United States, and the Chairman of the Board of 
                Governors of the Federal Reserve System and other 
                agencies as appropriate, and, once applicable sanctions 
                outlined in section 6(a) of ISA are selected pursuant 
                to section 1245(a)(1)(A), authority to implement such 
                sanctions is delegated to the relevant agency heads 
                commensurate with any delegation of such authorities 
                and consistent with any relevant Executive Orders 
                implementing ISA;
                     Sections 1245(a)(1)(B) and (C) to the 
                Secretary of State, in consultation with the 
                Secretaries of the Treasury and Commerce and the United 
                States Trade Representative, and with the Secretary of 
                Homeland Security, the President of the Export-Import 
                Bank of the United States, and the Chairman of the 
                Board of Governors of the Federal Reserve System and 
                other agencies

[[Page 35546]]

                as appropriate, and, once applicable sanctions outlined 
                in section 6(a) of ISA are selected pursuant to section 
                1245(a)(1)(B) or (C), authority to implement such 
                sanctions is delegated to the relevant agency heads 
                commensurate with any delegation of such authorities 
                and consistent with any relevant Executive Orders 
                implementing ISA;
                     Section 1245(c) to the Secretary of the 
                Treasury, in consultation with the Secretary of State;
                     Section 1245(e) to the Secretary of State, 
                in consultation with the Secretary of the Treasury;
                     Section 1245(f) to the Secretary of State 
                and the Secretary of the Treasury commensurate with 
                their respective areas of responsibility, in 
                consultation with each other;
                     Section 1245(g) to the Secretary of State, 
                in consultation with the Secretary of the Treasury;
                     Section 1246(a)(1)(A) to the Secretary of 
                State and the Secretary of the Treasury commensurate 
                with their respective areas of responsibility, in 
                consultation with each other, the Secretary of Commerce 
                and the United States Trade Representative, and with 
                the Secretary of Homeland Security, the President of 
                the Export-Import Bank of the United States, and the 
                Chairman of the Board of Governors of the Federal 
                Reserve System and other agencies as appropriate, and, 
                once applicable sanctions outlined in section 6(a) of 
                ISA are selected pursuant to section 1246(a)(1)(A), 
                authority to implement such sanctions is delegated to 
                the relevant agency heads commensurate with any 
                delegation of such authorities and consistent with any 
                relevant Executive Orders implementing ISA;
                     Sections 1246(a)(1)(B)(i) and (ii) to the 
                Secretary of State, in consultation with the 
                Secretaries of the Treasury and Commerce and the United 
                States Trade Representative, and with the Secretary of 
                Homeland Security, the President of the Export-Import 
                Bank of the United States, and the Chairman of the 
                Board of Governors of the Federal Reserve System and 
                other agencies as appropriate, and, once applicable 
                sanctions outlined in section 6(a) of ISA are selected 
                pursuant to section 1246(a)(1)(B)(i) or (ii), authority 
                to implement such sanctions is delegated to the 
                relevant agency heads commensurate with any delegation 
                of such authorities and consistent with any relevant 
                Executive Orders implementing ISA;
                     Section 1246(a)(1)(B)(iii) to the 
                Secretary of State and the Secretary of the Treasury 
                commensurate with their respective areas of 
                responsibility, in consultation with each other, the 
                Secretary of Commerce and the United States Trade 
                Representative, and with the Secretary of Homeland 
                Security, the President of the Export-Import Bank of 
                the United States, and the Chairman of the Board of 
                Governors of the Federal Reserve System and other 
                agencies as appropriate, and, once applicable sanctions 
                outlined in section 6(a) of ISA are selected pursuant 
                to section 1246(a)(1)(B)(iii), authority to implement 
                such sanctions is delegated to the relevant agency 
                heads commensurate with any delegation of such 
                authorities and consistent with any relevant Executive 
                Orders implementing ISA;
                     Section 1246(a)(1)(C) to the Secretary of 
                the Treasury, in consultation with the Secretaries of 
                State and Commerce and the United States Trade 
                Representative, and with the Secretary of Homeland 
                Security, the President of the Export-Import Bank of 
                the United States, and the Chairman of the Board of 
                Governors of the Federal Reserve System and other 
                agencies as appropriate, and, once applicable sanctions 
                outlined in section 6(a) of ISA are selected pursuant 
                to section 1246(a)(1)(C), authority to implement such 
                sanctions is delegated to the relevant agency heads 
                commensurate with any delegation of such authorities 
                and consistent with any relevant Executive Orders 
                implementing ISA;
                     Section 1246(d) to the Secretary of State 
                and the Secretary of the Treasury commensurate with 
                their respective areas of responsibility, in 
                consultation with each other;

[[Page 35547]]

                     Section 1246(e) to the Secretary of State, 
                in consultation with the Secretary of the Treasury;
                     Section 1247(a) to the Secretary of the 
                Treasury, in consultation with the Secretary of State;
                     Section 1247(f) to the Secretary of State, 
                in consultation with the Secretary of the Treasury;
                     Section 1248(b)(1) to the Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                with respect to the requirement to impose applicable 
                sanctions pursuant to the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA) 
                described in section 105(c) of the Comprehensive Iran 
                Sanctions, Accountability, and Divestment Act of 2010 
                (Public Law 111-195) (22 U.S.C. 8501 et seq.) (CISADA), 
                and with respect to the requirement to include the 
                sanctioned persons on the list of specially designated 
                nationals and blocked persons maintained by the Office 
                of Foreign Assets Control of the Department of the 
                Treasury;
                     Section 1248(b)(1) to the Secretary of 
                State, with respect to the requirement to impose visa 
                sanctions described in section 105(c) of CISADA;
                     Section 1248(b)(3) to the Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                with respect to application of section 401(b) of CISADA 
                to IEEPA sanctions imposed under section 1248(b)(1)(A) 
                of IFCA;
                     Section 1248(b)(3) to the Secretary of 
                State, in consultation with the Secretary of Homeland 
                Security on matters related to admissibility or 
                inadmissibility within the authority of the Secretary 
                of Homeland Security, with respect to application of 
                section 401(b) of CISADA to visa sanctions imposed 
                under section 1248(b)(1)(A) of IFCA;
                     Section 1252(a) to the Director of 
                National Intelligence, in consultation with the 
                Secretaries of State and the Treasury;
                     Section 1253(a) to the Secretary of the 
                Treasury and the Secretary of State, commensurate with 
                their respective areas of responsibility outlined in 
                this memorandum;
                     Section 1253(c)(1) to the Secretary of 
                State, in consultation with the Secretaries of the 
                Treasury and Commerce and the United States Trade 
                Representative, and with the Secretary of Homeland 
                Security, the President of the Export-Import Bank of 
                the United States, and the Chairman of the Board of 
                Governors of the Federal Reserve System and other 
                agencies as appropriate;
                     Section 1253(c)(2) to the Secretary of 
                State and the Secretary of the Treasury commensurate 
                with their respective areas of responsibility, in 
                consultation with each other, the Secretary of 
                Commerce, and the United States Trade Representative, 
                and with the Secretary of Homeland Security, the 
                President of the Export-Import Bank of the United 
                States, and the Chairman of the Board of Governors of 
                the Federal Reserve System and other agencies as 
                appropriate, and, once applicable sanctions outlined in 
                section 6(a) of ISA are selected pursuant to section 
                1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) (including in 
                each case as informed by section 1253(c)(2)), authority 
                to implement such sanctions is delegated to the 
                relevant agency heads commensurate with any delegation 
                of such authorities and consistent with any relevant 
                Executive Orders implementing ISA.

                I hereby delegate functions and authorities vested in 
                the President by CISADA, as amended by section 1249 of 
                IFCA, as follows:

                     Section 105C(b) to the Secretary of the 
                Treasury, in consultation with or at the recommendation 
                of the Secretary of State, with respect to the 
                determinations described in sections 105C(b)(1);
                     Section 105C(b) to the Secretary of State, 
                in consultation with the Secretary of the Treasury, 
                with respect to the requirement to submit any lists of 
                persons determined to meet the criteria described in 
                sections 105C(b)(1), to the appropriate congressional 
                committees as required by sections 105C(b);

[[Page 35548]]

                     Section 401(b) to the Secretary of State, 
                in consultation with the Secretary of the Treasury, 
                with respect to the requirement to include a person on 
                the list described in section 105C(b);
                     Sections 105C(a)(1) and 401(b) to the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State, with respect to the requirement to 
                impose or maintain applicable sanctions pursuant to the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) (IEEPA) under section 105C(a)(1);
                     Section 105C(a)(1) to the Secretary of 
                State, with respect to the requirement to impose or 
                maintain visa sanctions; and
                     Section 401(b) to the Secretary of State, 
                in consultation with the Secretary of Homeland Security 
                on matters related to admissibility or inadmissibility 
                within the authority of the Secretary of Homeland 
                Security, with respect to functions and waiver 
                authorities regarding the requirement to impose or 
                maintain visa sanctions under sections 105C(a)(1).

                Any reference in this memorandum to provisions of any 
                Act related to the subject of this memorandum shall be 
                deemed to include references to any hereafter-enacted 
                provisions of law that is the same or substantially the 
                same as such provisions.

                The Secretary of State is authorized and directed to 
                publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, June 3, 2013.

[FR Doc. 2013-14160
Filed 6-12-13; 8:45 am]
Billing code 4710-10