Memorandum on Eligibility of the Multinational Force and Observers To Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961 and the Arms Export Control Act
Issued 2016-11-16 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum makes the Multinational Force and Observers eligible to receive defense articles and defense services from the United States. The President determined that providing these defense materials and services to this multinational organization will strengthen U.S. security and promote world peace. The action was taken under authority granted by the Foreign Assistance Act of 1961 and the Arms Export Control Act.
The memorandum specifically directs the Secretary of State to notify Congress of this determination and publish it in the Federal Register. This type of presidential memorandum is an administrative tool that provides direction to executive branch agencies on implementing existing laws, in this case laws governing foreign assistance and arms exports.
The action affects the Multinational Force and Observers, which becomes eligible to receive U.S. defense support that it previously could not access. For everyday Americans, this represents the President using authority Congress already gave him through existing statutes to decide which international organizations can receive U.S. military assistance based on national security considerations.
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 Eligibility of the Multinational Force and Observers To Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961 and the Arms Export Control Act") provides direction to executive branch agencies. The stated purpose: "the furnishing of defense articles and defense services to the Multinational Force and Observers will strengthen the security of the United States and promote world peace." 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 Eligibility of the Multinational Force and Observers To Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961 and the Arms Export Control Act November 16, 2016 Presidential Determination No. 2017–02 Memorandum for the Secretary of State Subject: Eligibility of the Multinational Force and Observers to Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961 and the Arms Export Control Act By the authority vested in me as President by the Constitution and the laws of the United States, including section 503(a) of the Foreign Assistance Act of 1961 and section 3(a)(1) of the Arms Export Control Act, I hereby find that the furnishing of defense articles and defense services to the Multinational Force and Observers will strengthen the security of the United States and promote world peace. You are authorized and directed to transmit this determination and the accompanying memorandum of justification to the Congress and publish this determination in the Federal Register . B ARACK O BAMA [Filed with the O