[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.