Memorandum on Delegation of Certain Functions and Authorities Under Section 103(b)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as Amended
Issued 2016-01-15 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum transfers certain presidential responsibilities under a 2010 Iran sanctions law to the Secretary of State. Specifically, it delegates the functions and authorities given to the President by one particular section of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. The memorandum also states that similar provisions in future laws will be covered by this same delegation.
This action affects how the executive branch administers Iran sanctions policy by shifting specific decision-making authority from the President directly to the Secretary of State. The delegation applies to a narrow provision within the broader sanctions law, though the source does not describe what that specific provision entails.
This matters because it clarifies who within the executive branch has the authority to carry out certain functions related to Iran sanctions. By formally delegating this authority, the President establishes a clear chain of responsibility for implementing this aspect of the sanctions law. The memorandum represents a routine administrative action directing how the State Department should handle these particular responsibilities.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Delegation of Certain Functions and Authorities Under Section 103(b)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as Amended") provides direction to executive branch agencies. The stated purpose: "order as follows: I hereby delegate the functions and authorities vested in the President by section 103(b)(2)(B)(vi) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, Public Law 111–195, as amended, to the Secret..." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2016 Memorandum on Delegation of Certain Functions and Authorities Under Section 103(b)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as Amended January 15, 2016 Memorandum for the Secretary of State Subject: Delegation of Certain Functions and Authorities under Section 103(b)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as Amended 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 the functions and authorities vested in the President by section 103(b)(2)(B)(vi) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, Public Law 111–195, as amended, to the Secretary of State. Any reference herein 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 are the same or substantially the same as such provisions. You are authorized and directed to publish this memorandum in the Federal Register . B ARA