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Public Papers - 1991

Memorandum on the Delegation of Authority Regarding Missile Technology Proliferation

1991-06-25

Memorandum for the Secretary of State,

the Secretary of the Treasury,

the Secretary of Defense,

the Secretary of Commerce

Subject: Delegation of Authority Regarding Missile Technology Proliferation

By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, and sections 1701 - 1704 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101 - 510) (the Act), I hereby make the following delegations:

1. The authority and duties vested in me by sections 72 and 73 of the Arms Export Control Act (22 U.S.C. 2797a and b) and section 1704 of the Act (22 U.S.C. 2797 note) are delegated to the Secretary of State, except that:

a. The authority vested in me to make determinations with respect to violations by U.S. persons of the Export Administration Act of 1979 under section 72(a)(1) is delegated to the Secretary of Commerce.

b. The authority vested in me to deny certain U.S. Government contracts as provided in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant to a determination made under section 73(a)(1), as well as the authority vested in me to make the findings provided in sections 72(c), 73(f), and 73(g)(1), are delegated to the Secretary of Defense. Waivers based upon findings made pursuant to sections 72(c) and 73(f) shall be issued, transmitted to Congress, and notified to the Secretary of the Treasury as appropriate by the Secretary of State.

c. The authority vested in me to prohibit certain imports as provided in section 73(a)(2)(C), pursuant to a determination made by the Secretary of State under such section, and the obligation to implement the exceptions provided in section 73(g), are delegated to the Secretary of the Treasury.

2. The authority and duties vested in me by section 1702 of the Act and section 11B of the Export Administration Act of 1979 (50 U.S.C. App. 2410b) are delegated to the Secretary of Commerce, except that:

a. The authority and duties vested in me by sections 11B(b)(1)(A) (insofar as such section authorizes determinations with respect to violations by U.S. persons of the Arms Export Control Act), 11B(b)(1)(B)(iii) (insofar as such section authorizes determinations regarding activities by foreign persons), and 11B(b)(5) are delegated to the Secretary of State.

b. The authority vested in me to make the findings provided in sections 11B(a)(3), 11B(b)(6), and 11B(b)(7)(A) are delegated to the Secretary of Defense. Waivers based upon findings made pursuant to sections 11B(a)(3) and 11B(b)(6) shall be issued, transmitted to Congress, and notified to the Secretary of the Treasury as appropriate by the Secretary of Commerce and Secretary of State, respectively.

c. The authority vested in me to prohibit certain imports as provided in section 11B(b)(1)(B)(iii), pursuant to a determination made by the Secretary of State under such section, and the obligation to implement the exceptions provided in section 11B(b)(7), are delegated to the Secretary of the Treasury.

All functions delegated herein shall be exercised in consultation among the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, the Director of the Arms Control and Disarmament Agency, and other departments and agencies as appropriate.

The functions delegated herein may be redelegated as appropriate. Regulations necessary to carry out the functions delegated herein may be issued as appropriate.

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

George Bush

[Filed with the Office of the Federal Register, 11:39 a.m., July 5, 1991]

Note: This memorandum was released by the Office of the Press Secretary on June 26.

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