50 U.S.C. § 1702 — Presidential authorities

Page 224 TITLE 50—WAR AND NATIONAL DEFENSE § 1702 1 So in original. The period probably should not appear. Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255. Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981. Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183. Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803. Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005. Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389. Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703. Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079. YEMEN Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533. Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following: Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765. Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023. Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643. Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047. Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585. Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905. Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155. Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851. Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477. Notice of President of the United States, dated May 13, 2013, 78 F.R. 28465. ZIMBABWE Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945. Continuations of national emergency declared by Ex. Ord. No. 13288 were contained in the following: Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13289. Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12553. Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12797. Notice of President of the United States, dated Mar. 4, 2020, 85 F.R. 12981. Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7977. Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9417. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6195. Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11657. Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12069. Notice of President of the United States, dated Feb. 28, 2014, 79 F.R. 12031. Notice of President of the United States, dated Mar. 1, 2013, 78 F.R. 14427. Notice of President of the United States, dated Mar. 2, 2012, 77 F.R. 13179. Notice of President of the United States, dated Mar. 2, 2011, 76 F.R. 12267. Notice of President of the United States, dated Feb. 26, 2010, 75 F.R. 10157. Notice of President of the United States, dated Mar. 3, 2009, 74 F.R. 9751. Notice of President of the United States, dated Mar. 4, 2008, 73 F.R. 12005. Notice of President of the United States, dated Feb. 28, 2007, 72 F.R. 9645. Notice of President of the United States, dated Feb. 27, 2006, 71 F.R. 10603. Notice of President of the United States, dated Mar. 2, 2005, 70 F.R. 10859. Notice of President of the United States, dated Mar. 2, 2004, 69 F.R. 10313. Ex. Ord. No. 13469, July 25, 2008, 73 F.R. 43841, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945. § 1702. Presidential authorities (a) In general (1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments be- tween, by, through, or to any banking insti- tution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of cur- rency or securities, by any person, or with respect to any prop- erty, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisi- tion, holding, withholding, use, transfer, with- drawal, transportation, importation or expor- tation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.1 (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, con- fiscate any property, subject to the jurisdic- tion of the United States, of any foreign per- son, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms di- rected by the President, in such agency or per- son as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these pur- poses. Page 225 TITLE 50—WAR AND NATIONAL DEFENSE § 1702 2 So in original. The word ‘‘or’’ probably should not appear. 3 See References in Text note below. (2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of ac- count, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (3) Compliance with any regulation, instruc- tion, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in con- nection with the administration of, or pursuant to and in reliance on, this chapter, or any regu- lation, instruction, or direction issued under this chapter. (b) Exceptions to grant of authority The authority granted to the President by this section does not include the authority to regu- late or prohibit, directly or indirectly— (1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value; (2) donations, by persons subject to the juris- diction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the pro- posed recipient or donor, or (C) would endan- ger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or 2 (3) the importation from any country, or the exportation to any country, whether commer- cial or otherwise, regardless of format or me- dium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phono- graph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports ex- empted from regulation or prohibition by this paragraph do not include those which are oth- erwise controlled for export under section 4604 3 of this title, or under section 4605 3 of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or (4) any transactions ordinarily incident to travel to or from any country, including im- portation of accompanied baggage for personal use, maintenance within any country includ- ing payment of living expenses and acquisition of goods or services for personal use, and ar- rangement or facilitation of such travel in- cluding nonscheduled air, sea, or land voyages. (c) Classified information In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Pro- cedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review. (Pub. L. 95–223, title II, § 203, Dec. 28, 1977, 91 Stat. 1626; Pub. L. 100–418, title II, § 2502(b)(1), Aug. 23, 1988, 102 Stat. 1371; Pub. L. 103–236, title V, § 525(c)(1), Apr. 30, 1994, 108 Stat. 474; Pub. L. 107–56, title I, § 106, Oct. 26, 2001, 115 Stat. 277.) Editorial Notes REFERENCES IN TEXT Sections 4604 and 4605 of this title, referred to in sub- sec. (b)(3), were repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (c), is section 1(a) of Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. AMENDMENTS 2001—Pub. L. 107–56, § 106, which directed certain amendments to section 203 of the International Emer- gency Powers Act, was executed by making the amend- ments to this section, which is section 203 of the Inter- national Emergency Economic Powers Act, to reflect the probable intent of Congress. See below. Subsec. (a)(1). Pub. L. 107–56, § 106(1)(C), which di- rected striking out ‘‘by any person, or with respect to any property, subject to the jurisdiction of the United States‘ without providing closing quotation marks des- ignating the provisions to be struck, was executed by striking out ‘‘by any person, or with respect to any property, subject to the jurisdiction of the United States’’ in concluding provisions. Subsec. (a)(1)(A). Pub. L. 107–56, § 106(1)(A), sub- stituted a comma for ‘‘; and’’ at end of cl. (iii) and in- serted concluding provisions. Subsec. (a)(1)(B). Pub. L. 107–56, § 106(1)(B), inserted ‘‘, block during the pendency of an investigation’’ after ‘‘investigate’’ and substituted ‘‘interest by any person, or with respect to any property, subject to the jurisdic- tion of the United States; and’’ for ‘‘interest;’’. Subsec. (a)(1)(C). Pub. L. 107–56, § 106(1)(D), added sub- par. (C). Subsec. (c). Pub. L. 107–56, § 106(2), added subsec. (c). 1994—Subsec. (b)(3), (4). Pub. L. 103–236 added pars. (3) and (4) and struck out former par. (3) which read as fol- lows: ‘‘the importation from any country, or the expor- tation to any country, whether commercial or other- wise, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, or other informational materials, which are not otherwise controlled for export under section 2404 of the Appendix to this title or with respect to which no acts are pro- hibited by chapter 37 of title 18.’’ 1988—Subsec. (b)(3). Pub. L. 100–418 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–236, title V, § 525(c)(2), (3), Apr. 30, 1994, 108 Stat. 475, provided that: Page 226 TITLE 50—WAR AND NATIONAL DEFENSE § 1703 ‘‘(2) The amendments made by paragraph (1) to sec- tion 203(b)(3) of the International Emergency Economic Powers Act [50 U.S.C. 1702(b)(3)] apply to actions taken by the President under section 203 of such Act before the date of enactment of this Act [Apr. 30, 1994] which are in effect on such date and to actions taken under such section on or after such date. ‘‘(3) Section 203(b)(4) of the International Emergency Economic Powers Act (as added by paragraph (1)) shall not apply to restrictions on the transactions and ac- tivities described in section 203(b)(4) in force on the date of enactment of this Act, with respect to countries embargoed under the International Emergency Eco- nomic Powers Act [50 U.S.C. 1701 et seq.] on the date of enactment of this Act.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title II, § 2502(b)(2), Aug. 23, 1988, 102 Stat. 1372, provided that: ‘‘The amendments made by paragraph (1) [amending this section] apply to actions taken by the President under section 203 of the Inter- national Emergency Economic Powers Act [this sec- tion] before the date of the enactment of this Act [Aug. 23, 1988] which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.’’ Executive Documents EX. ORD. NO. 13290. CONFISCATING AND VESTING CERTAIN IRAQI PROPERTY Ex. Ord. No. 13290, Mar. 20, 2003, 68 F.R. 14307, as amended by Ex. Ord. No. 13350, § 3, July 29, 2004, 69 F.R. 46055, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 13303 of March 20 [May 22], 2003 [listed in a table under section 1701 of this title], and expanded in Executive Order 13315 of Au- gust 28, 2003 [listed in a table under section 1701 of this title], I, GEORGE W. BUSH, President of the United States of America, hereby determine that the United States and Iraq are engaged in armed hostilities, that it is in the interest of the United States to confiscate certain property of the Government of Iraq and its agencies, in- strumentalities, or controlled entities, and that all right, title, and interest in any property so confiscated should vest in the Department of the Treasury. I intend that such vested property should be used to assist the Iraqi people and to assist in the reconstruction of Iraq, and determine that such use would be in the interest of and for the benefit of the United States. I hereby order: SECTION 1. All blocked funds held in the United States in accounts in the name of the Government of Iraq, the Central Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for Marketing Oil are hereby confiscated and vested in the Department of the Treas- ury, except for the following: (a) any such funds that are subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoy equiv- alent privileges and immunities under the laws of the United States, and are or have been used for diplomatic or consular purposes, and (b) any such amounts that as of the date of this order are subject to post-judgment writs of execution or at- tachment in aid of execution of judgments pursuant to section 201 of the Terrorism Risk Insurance Act of 2002 (Public Law 107–297) [see Tables for classification], pro- vided that, upon satisfaction of the judgments on which such writs are based, any remainder of such excepted amounts shall, by virtue of this order and without fur- ther action, be confiscated and vested. SEC. 2. The Secretary of the Treasury is authorized to perform, without further approval, ratification, or other action of the President, all functions of the Presi- dent set forth in section 203(a)(1)(C) of IEEPA [50 U.S.C. 1702(a)(1)(C)] with respect to any and all property of the Government of Iraq, including its agencies, instrumen- talities, or controlled entities, and to take additional steps, including the promulgation of rules and regula- tions as may be necessary, to carry out the purposes of this order. The Secretary of the Treasury may redele- gate such functions in accordance with applicable law. The Secretary of the Treasury shall consult the Attor- ney General as appropriate in the implementation of this order. SEC. 3. This order shall be transmitted to the Con- gress and published in the Federal Register. GEORGE W. BUSH. § 1703. Consultation and reports (a) Consultation with Congress The President, in every possible instance, shall consult with the Congress before exer- cising any of the authorities granted by this chapter and shall consult regularly with the Congress so long as such authorities are exer- cised. (b) Report to Congress upon exercise of Presi- dential authorities Whenever the President exercises any of the authorities granted by this chapter, he shall im- mediately transmit to the Congress a report specifying— (1) the circumstances which necessitate such exercise of authority; (2) why the President believes those cir- cumstances constitute an unusual and ex- traordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign pol- icy, or economy of the United States; (3) the authorities to be exercised and the actions to be taken in the exercise of those au- thorities to deal with those circumstances; (4) why the President believes such actions are necessary to deal with those cir- cumstances; and (5) any foreign countries with respect to which such actions are to be taken and why such actions are to be taken with respect to those countries. (c) Periodic follow-up reports At least once during each succeeding six- month period after transmitting a report pursu- ant to subsection (b) with respect to an exercise of authorities under this chapter, the President shall report to the Congress with respect to the actions taken, since the last such report, in the exercise of such authorities, and with respect to any changes which have occurred concerning any information previously furnished pursuant to paragraphs (1) through (5) of subsection (b). (d) Supplemental requirements The requirements of this section are supple- mental to those contained in title IV of the Na- tional Emergencies Act [50 U.S.C. 1641]. (Pub. L. 95–223, title II, § 204, Dec. 28, 1977, 91 Stat. 1627.)