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50 U.S.C. § 1706 — Savings provisions

submitted 49 years ago by Pub. L. 95-223 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 420 words · no verdicts yet

in plain englishAI-generated · not legal advice

After certain national emergencies end, the President may continue property-transaction prohibitions based on claims involving a foreign country or its nationals. Congress can prevent continuation through a specified concurrent resolution, and the President must report every six months.

(a) Ending emergencies. (1) Except as subsection (b) provides, ending a national emergency under the National Emergencies Act does not end authorities already being used under this chapter to prohibit transactions involving property in which a foreign country or its national has an interest, if the President finds continuation necessary because of claims involving that country or its nationals. (2) Similarly, authorities exercised for a country when the authorities described in section 101(b) of this Act end may continue for property in which the country or its national has an interest if the President makes that claims-based finding. (b) Congressional termination. The subsection (a)(1) authority may not continue if Congress ends the emergency by concurrent resolution under section 202 of the National Emergencies Act and says in that resolution that the authority may not continue. (c) Relationship to other provisions. (1) This section supplements the savings provisions in sections 101(a)(1)-(3) and 202(a)(A)-(C) of that Act. (2) It overrides the termination provisions of section 101(a) and title II of that Act to the extent they conflict with this section. (d) Reports. If the President uses this section to continue prohibitions on transactions involving foreign property interests, the President must report to Congress every six months on that use.

the actual law source: uscode.house.gov ↗public domain
(a) Termination of national emergencies pursuant to National Emergencies Act
(1)

Except as provided in subsection (b), notwithstanding the termination pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emergency to prohibit transactions involving property in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.

(2)

Notwithstanding the termination of the authorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termination to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.

(b) Congressional termination of national emergencies by concurrent resolution

The authorities described in subsection (a)(1) may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622] and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this section.

(c) Supplemental savings provisions; supersedure of inconsistent provisions
(1)

The provisions of this section are supplemental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B), and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of the National Emergencies Act.

(2)

The provisions of this section supersede the termination provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II [50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of this section are inconsistent with these provisions.

(d) Periodic reports to Congress

If the President uses the authority of this section to continue prohibitions on transactions involving foreign property interests, he shall report to the Congress every six months on the use of such authority.

Source credit: (Pub. L. 95–223, title II, § 207, Dec. 28, 1977, 91 Stat. 1628.)

history & why it existsrecord from the source credit
  • 1977Enacted · Pub. L. 95-223 · 91 Stat. 1628

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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