International Emergency Economic Powers Act

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International Emergency Economic Powers Act
Great Seal of the United States
Long titleThe International Emergency Economic Powers Act
Acronyms (colloquial)IEEPA
Enacted bythe 95th United States Congress
Citations
Public Law95-223
Statutes at Large91 Stat. 1626
Codification
U.S.C. sections created50 U.S.C. §§1701-1707
Legislative history
United States Supreme Court cases
Dames & Moore v. Regan
 
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International Emergency Economic Powers Act
Great Seal of the United States
Long titleThe International Emergency Economic Powers Act
Acronyms (colloquial)IEEPA
Enacted bythe 95th United States Congress
Citations
Public Law95-223
Statutes at Large91 Stat. 1626
Codification
U.S.C. sections created50 U.S.C. §§1701-1707
Legislative history
United States Supreme Court cases
Dames & Moore v. Regan

The International Emergency Economic Powers Act (IEEPA), Title II of Pub.L. 95–223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the President to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.

Provisions[edit]

In the United States Code, the IEEPA is Title 50, §§1701-1707.[1] The IEEPA authorizes the president to declare the existence of an "unusual and extraordinary threat... to the national security, foreign policy, or economy of the United States" that originates "in whole or substantial part outside the United States."[2] It further authorizes the president, after such a declaration, to block transactions and freeze assets to deal with the threat.[3] In the event of an actual attack on the United States, the president can also confiscate property connected with a country, group, or person that aided in the attack.[4]

The IEEPA falls under the provisions of the National Emergencies Act (NEA), which means that an emergency declared under the act must be renewed annually to remain in effect, and can be terminated by Congressional resolution.

History[edit]

Curtailment of Emergency Executive Powers[edit]

Congress enacted the IEEPA in 1977 to clarify and restrict presidential power during times of declared national emergency under the Trading with the Enemy Act of 1917 ("TWEA"). Under TWEA, starting with Franklin D. Roosevelt in 1933, presidents had the power to declare emergencies without limiting their scope or duration, without citing the relevant statutes, and without congressional oversight.[5] The Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer limited what a president could do in such an emergency, but did not limit the emergency declaration power itself. A 1973 Senate investigation found (in Senate Report 93-549) that four declared emergencies remained in effect: the 1933 banking crisis with respect to the hoarding of gold,[6] a 1950 emergency with respect to the Korean War,[7] a 1970 emergency regarding a postal workers strike, and a 1971 emergency in response to inflation.[8] Congress terminated these emergencies with the National Emergencies Act, and then passed the IEEPA to restore the emergency power in a limited, overseeable form.

Unlike TWEA, IEEPA was drafted to permit presidential emergency declarations only in response to threats originating outside the United States.[9] Beginning with Jimmy Carter in response to the Iran Hostage Crisis, presidents have invoked IEEPA to safeguard U.S. national security interests by freezing or "blocking" assets of belligerent foreign governments,[10] or certain foreign nationals abroad.[11]

IEEPA After 9/11[edit]

Following the 9/11 terrorist attacks, President George W. Bush issued Executive Order 13224 under IEEPA to block the assets of terrorist organizations.[12] The President delegated blocking authority to federal agencies led by the U.S. Treasury. In October 2001, Congress passed the USA PATRIOT Act which, in part, enhanced the IEEPA asset blocking provisions under §1702(a)(1)(B) to permit the blocking of assets during the "pendency of an investigation." This statutory change gave the Treasury's Office of Foreign Assets Control the power to block assets without the need to provide evidence of the blocking subject's wrongdoing nor to permit the blocking subject a chance to effectively respond to the allegations in court.[13] Executing these blocking actions led to a series of legal cases challenging federal authority to indefinitely prevent charitable organizations from accessing their assets held in the United States.[14]

Litigation[edit]

Notable Cases[edit]

IEEPA Violations[edit]

Current subjects of IEEPA emergencies[edit]

As of 2013, commerce with the following, among others, are restricted under IEEPA:[19]

States[edit]

Classes[edit]

Exports in general[edit]

Many federal regulations dealing with export restrictions are based on IEEPA authority. This regulatory system was developed under the Export Administration Act of 1979. When the law nearly expired in 1984, the President declared the expiration to be an emergency and reauthorized the entire set of regulations then in force. The same happened in 1994 when the law finally expired, and this presidential extension of export restrictions has continued ever since.

Starting yearTarget countryExecutive orderBasis of emergencyScope
1979Iran12170Iran hostage crisisProperty of the government of Iran and its instrumentalities
1994None12938Proliferation of weapons of mass destructionPersons that engage in or support proliferation
1995Iran12957Actions and policies of the governmentVarious forms of commerce involving Iran
1995Middle east12947Terrorist violence to disrupt the peace processPersons committing or supporting such violence
1995Colombia12978Foreign narcotics trafficTraffickers and their material supporters
1997Burma (Myanmar)13047Actions and policies of the governmentNew US investments
1997Sudan13067Actions and policies of the governmentUS-Sudan commerce generally
1998Serbia and Montenegro13088Actions and policies of the Slobodan Milošević governmentPersons indicted by the former Yugoslavia tribunal and persons that seek illegitimate control over Serbia and Montenegro
2000Russia13159Risk of nuclear proliferation due to stocks of weapons-grade uraniumProperty involved in the Megatons to Megawatts Program
2001Western Balkans13219Extremist violence and actions that obstruct the Dayton Agreement or UNSC Resolution 1244Persons engaged in or providing support for such activities
2001None13224threat of terrorist attacks on the US and its nationalsPersons that commit, threaten to commit or support terrorism, including al-Qaeda
2003Zimbabwe13288Actions and policies of members of the government77 government officials
2003Iraq13303Obstacles to reconstructionProperty of the Saddam Hussein government, its officials, their families, and persons undermining stabilization efforts with violence
2004Syria13338Various aggressive actions of the governmentPersons involved in those actions
2004Liberia13348Depletion of national resources by members of the Charles G. Taylor governmentFamily of Charles Taylor, officials of the Taylor government and other persons depleting resources
2006Côte d'Ivoire13396First Ivorian Civil WarPersons that constitute a threat to peace and reconciliation
2006Belarus13405Actions and policies of members of the governmentGovernment officials and other persons involved in human rights abuses
2008North Korea13466Actions and policies of the governmentVarious forms of commerce involving North Korea and its nationals

Past subjects of IEEPA emergencies[edit]

See also[edit]

References[edit]

  1. ^ 50 U.S. Code Chapter 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS | LII / Legal Information Institute. Law.cornell.edu. Retrieved on 2014-06-16.
  2. ^ 50 U.S.C. §1701(a)
  3. ^ 50 U.S.C. §1702(a)(1)(B)
  4. ^ 50 U.S.C. §1702(a)(1)(C)
  5. ^ H. Rep. No. 95-459, at 7 (1977) "[the TWEA] has become essentially an unlimited grant of authority for the President to exercise, at his discretion, broad powers in both the domestic and international economic arena, without congressional review. These powers may be exercised so long as there is an unterminated declaration of national emergency on the books, whether or not the situation with respect to which the emergency was declared bears any relationship to the situation with respect to which the President is using the authorities"
  6. ^ Executive Order 6102
  7. ^ Executive Proclamation 2914, http://www.presidency.ucsb.edu/ws/index.php?pid=13684
  8. ^ S. Rep. No. 93-549, at 2 (1973), http://www.ncrepublic.org/images/lib/SenateReport93_549.pdf
  9. ^ 50 U.S.C. §1701(a)
  10. ^ Executive Order 12170, 44 C.F.R. 65,729
  11. ^ Exec. Order No. 12,978, 60 C.F.R. 54,579 (1995) (blocking the assets of certain Colombian narcotics traffickers)
  12. ^ Exec. Order. No. 13224, Sec. 1(a), http://www.gpo.gov/fdsys/pkg/FR-2001-09-25/pdf/01-24205.pdf
  13. ^ Kindhearts v. Geithner, 647 F. Supp. 2d 857, 866, ND Ohio 2009, http://scholar.google.com/scholar_case?case=10931539635102900344&hl=en&as_sdt=2,14&as_vis=1
  14. ^ See e.g., id.
  15. ^ KindHearts v. Geithner, supra
  16. ^ USDOJ: Office of the Pardon Attorney: Clemency Recipients. Justice.gov. Retrieved on 2014-06-16.
  17. ^ Williams, Timothy; Rashbaum, William K. (2006-08-25), "New York Man Charged With Enabling Hezbollah Television Broadcasts", The New York Times 
  18. ^ Press Release, U.S. Dept. of Justice, Credit Suisse Agrees to Forfeit $536 Million in Connection with Violations of the International Emergency Powers Act and New York State Law (Dec. 16, 2009) http://www.justice.gov/opa/pr/2009/December/09-ag-1358.html
  19. ^ U.S. Treasury, Office of Foreign Asset Control, Sanctions Programs and Country Information http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx