Among other things, IEEPA is the main source of authority for the U.S. Īccording to the Congressional Research Service, presidents have declared national emergencies under IEEPA 54 times as of March 2019. Absent contrary Congressional action, the President may continue to renew a national emergency and the restrictions he has imposed pursuant to that emergency. Treasury Department and, within the Treasury Department, to the Office of Foreign Assets Control (“OFAC”). The President can take these actions by executive order, and implementation authority is ordinarily delegated to the U.S. Among other things, the President may:ĭirect 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. Below we provide an overview of the relevant legal issues.Įnacted in 1977, IEEPA provides the President broad authority to “deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside of the United States, to the national security, foreign policy, or economy of the United States.” Once the President declares a national emergency, IEEPA authorizes the President to take a series of actions to regulate or prohibit international commerce. business in China has provoked debate over whether such action would be authorized by the statute he cites, the International Emergency Economic Powers Act (“IEEPA”), and vulnerable to other legal challenges. Case closed!” Īlthough viewed by many observers as a negotiating tactic, the President’s threatened ban on U.S. Responding to press reaction questioning the authority for his directives, President Trump tweeted: “For all the Fake News Reporters that don’t have a clue as to what the law is relative to Presidential powers, China, etc., try looking at the Emergency Economic Powers Act of 1977. companies to begin searching for and refusing all deliveries of fentanyl from China. On August 23, 2019, President Trump tweeted that “American companies are hereby ordered to immediately start looking for an alternative to China, including bringing.your companies and making products in the USA.” In further tweets, the President raised a series of grievances with China, including intellectual property theft, and ordered several U.S. Family Office & High-Net-Worth Individuals.
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