50 U.S.C. § 1702 — Presidential authorities
submitted 49 years ago by Pub. L. 95-223 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 937 words · no verdicts yet
The President may investigate, regulate, prohibit, and control certain foreign transactions and property during the circumstances covered by section 1701. The section also lists communications, humanitarian donations, information materials, and ordinary travel transactions that the authority does not cover, with stated exceptions.
The President may use the powers in this section when section 1701 permits them, and only to the extent that section permits. The President may issue regulations, instructions, and licenses to investigate, regulate, prohibit, or control the listed transactions and property.
(a) In general. (1)(A) The President may investigate, regulate, or prohibit foreign-exchange transactions; credit transfers or payments involving an interest of a foreign country or its national when made between, by, through, or to a banking institution; and the import or export of currency or securities by any person or involving property under United States jurisdiction. (B) The President may investigate, temporarily block while investigating, regulate, direct, compel, cancel, prevent, or prohibit a person’s acquisition, possession, withholding, use, transfer, withdrawal, transport, import, export, dealings, exercise of rights or powers, or transactions involving property in which a foreign country or its national has an interest, when the person or property is under United States jurisdiction. (C) During armed hostilities involving the United States, or after an attack on the United States by a foreign country or foreign nationals, the President may confiscate United States-jurisdiction property of a foreign person, organization, or country that the President determines planned, authorized, aided, or took part in those hostilities or attacks. The confiscated property’s entire ownership interest then goes, at the time and on the terms the President directs, to an agency or person the President designates. That agency or person may hold, use, manage, liquidate, sell, or otherwise handle the property for the United States’ benefit and may take all acts needed for those purposes. (2) To use these powers, the President may require any person to keep complete records and provide, under oath and in reports or another form, complete information about a listed act or transaction before, during, or after it occurs; about an interest in foreign property; about property in which a foreign country or national has or had an interest; or about information otherwise needed to enforce paragraph (1). If a report could be required, the President may also require that person to produce account books, records, contracts, letters, memoranda, or other papers in that person’s custody or control. (3) To the extent a person complies with a regulation, instruction, or direction under this chapter, that compliance fully releases the person from the related obligation. No person is liable in court for something done or omitted in good faith while administering, following, or relying on this chapter or a regulation, instruction, or direction under it.
(b) Exceptions to grant of authority. This section does not let the President directly or indirectly regulate or prohibit: (1) personal postal, telegraphic, telephonic, or other communications that do not transfer anything of value; (2) donations by persons under United States jurisdiction of articles such as food, clothing, and medicine intended to relieve human suffering, unless the President determines the donation would seriously impair the President’s ability to deal with a national emergency under section 1701, responds to coercion against the proposed recipient or donor, or endangers United States Armed Forces engaged in hostilities or facing clearly indicated imminent hostilities; (3) importing information or informational materials from any country, or exporting them to any country, commercial or not and regardless of format or transmission medium. These materials include publications, films, posters, records, photographs, microfilms, microfiche, tapes, compact disks, CD-ROMs, artworks, and news-wire feeds. The exemption does not cover exports otherwise controlled under sections 4604 or 4605 of this title to the extent those controls advance United States nonproliferation or antiterrorism policies, or acts prohibited by chapter 37 of title 18; or (4) ordinary transactions connected with travel to or from any country, including personal accompanied baggage, living expenses and personal goods or services in a country, and arranging or facilitating travel, including unscheduled air, sea, or land travel.
(c) Classified information. In a judicial review of a determination under this section, if classified information (as defined in section 1(a) of the Classified Information Procedures Act) supported the determination, the information may be given to the reviewing court privately and without the other side present. This subsection does not create or suggest a right to judicial review.
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—
investigate, regulate, or prohibit—
any transactions in foreign exchange,
transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof,
the importing or exporting of currency or securities,
by any person, or with respect to any property, subject to the jurisdiction of the United States;
investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation 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
when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, 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 directed by the President, in such agency or person 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 purposes.
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 account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.
Compliance with any regulation, instruction, 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 connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter.
The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly—
any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;
donations, by persons subject to the jurisdiction 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 proposed recipient or donor, or (C) would endanger 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
the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise 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
any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.
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 Procedures 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.
Source credit: (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.)
- 1977Enacted · Pub. L. 95-223 · 91 Stat. 1626
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1371
- 1994Amended · Pub. L. 103-236 · 108 Stat. 474
- 2001Amended · Pub. L. 107-56 · 115 Stat. 277
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-223 on 1977-12-28.
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