Why It Matters
President Donald Trump delegated authority to impose sanctions related to the Western Balkans to the Treasury and State secretaries, assigning federal agencies responsibility for imposing penalties on foreign individuals and entities involved in corruption, threats to regional stability, human rights abuses, and other activities identified by Congress.
The memorandum, signed Oct. 28, delegates specified presidential authorities under Section 8335 of the National Defense Authorization Act for Fiscal Year 2026 (NDAA). Congress enacted the NDAA on Dec. 18, 2025, and Section 8335, titled "Sanctions relating to the Western Balkans," requires sanctions against foreign persons determined to have engaged in activities described in the law. By delegating these functions, the memorandum assigns Treasury and State responsibility for sanctions-related determinations, implementation and certain exceptions, without establishing a new deadline.
What The Memorandum Does
The memorandum delegates presidential functions and authorities under Section 8335 to the secretaries of the Treasury and State, along with implementation authority for relevant federal agencies. The responsibilities are divided as follows:
- The secretary of the Treasury, in consultation with the secretary of State, receives the president's functions and authorities under Section 8335(a), governing sanctions against qualifying foreign persons.
- Once the secretary of State identifies sanctionable foreign persons, heads of relevant executive departments and agencies receive authority to implement those sanctions, each within their respective areas of responsibility.
- The secretary of the Treasury receives authority under Sections 8335(c)(1) and 8335(d)(1), covering property-blocking sanctions and certifications associated with terminating sanctions.
- The Secretary of the Treasury, in consultation with the Secretary of State, receives authority under Section 8335(f), governing national-security waivers.
- The Secretary of State receives authority under Section 8335(g), governing exceptions to certain immigration-related sanctions.
- The Secretary of the Treasury receives authority under Section 8335(i), governing congressional reporting requirements.
The delegations also apply prospectively to provisions of future public laws that are identical or substantially similar to the provisions referenced in the memorandum. References to existing laws also encompass subsequent amendments. This allows the delegated authorities to continue applying to qualifying statutory provisions without requiring a separate presidential memorandum for each amendment.
What The 2026 Law Requires
Section 8335 of the NDAA, enacted Dec. 18, 2025, required the president to impose specified sanctions within 90 days of enactment against foreign persons determined, on or after enactment, to have engaged in covered activities. Those activities include undermining democratic institutions, engaging in corruption or serious human rights abuses, threatening peace or territorial integrity, and obstructing regional peace agreements in the Western Balkans.
The 90-day statutory deadline fell on March 18. The October memorandum delegates authority under Section 8335(a) but does not restart or extend that deadline.
The statute also permits national-security waivers for renewable periods of up to 180 days, subject to a presidential determination and advance notification and justification to the appropriate congressional committees. The memorandum delegates that waiver authority to the Secretary of the Treasury, in consultation with the Secretary of State, but does not itself grant a waiver.
Section 8335(d)(1) establishes conditions for terminating sanctions, including certification to Congress concerning the sanctioned person's conduct during the preceding two years. The memorandum delegates that certification authority to the Secretary of the Treasury without eliminating the statutory conditions.
The Bottom Line
President Trump's Oct. 28 memorandum delegates specified sanctions authorities to Treasury and State, while relevant agency heads may implement sanctions following identification of sanctionable foreign persons by the Secretary of State, Daily Federal reported.
The underlying statute's 90-day deadline has already passed. The memorandum does not establish whether all required sanctions determinations have been completed or identify any newly sanctioned individuals or entities. Future implementation will depend on agency determinations, enforcement actions, applicable exceptions, and statutory reporting requirements.
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