    [Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I)]
    [June 25, 1991]
    [Pages 725-726]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on the Delegation of Authority Regarding Missile Technology
    Proliferation
    June 25, 1991

    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 Sec-

    [[Page 726]]

            retary 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.