50 U.S.C. § 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

• Cite as: 50 U.S.C. § 1701

(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

Cite as 50 U.S.C. § 1701

Source: Pub. L. 95-223, title II, §202, Dec. 28, 1977, 91 Stat. 1626.

current through 5/22/2023

STATUTORY NOTES AND RELATED SUBSIDIARIES

SHORT TITLE OF 2023 AMENDMENT

Pub. L. 117-336, §1, Jan. 5, 2023, 136 Stat. 6147, provided that: "This Act [enacting section 1709 of this title] may be cited as the 'Protecting American Intellectual Property Act of 2022'."

SHORT TITLE OF 2021 AMENDMENT

Pub. L. 117-54, §1(a), Nov. 10, 2021, 135 Stat. 413, provided that: "This Act [amending section 2277a of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the 'Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021' or the 'RENACER Act'."

SHORT TITLE OF 2018 AMENDMENT

Pub. L. 115-272, §1(a), Oct. 25, 2018, 132 Stat. 4144, provided that: "This Act [amending sections 9229 and 9241 of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the 'Hizballah International Financing Prevention Amendments Act of 2018'."

SHORT TITLE OF 2016 AMENDMENT

Pub. L. 114-277, §1, Dec. 15, 2016, 130 Stat. 1409, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'Iran Sanctions Extension Act'."

Pub. L. 114-194, §1, July 15, 2016, 130 Stat. 674, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'Venezuela Defense of Human Rights and Civil Society Extension Act of 2016'."

SHORT TITLE OF 2007 AMENDMENT

Pub. L. 110-96, §1, Oct. 16, 2007, 121 Stat. 1011, provided that: "This Act [amending section 1705 of this title and enacting provisions set out as a note under section 1705 of this title] may be cited as the 'International Emergency Economic Powers Enhancement Act'."

SHORT TITLE OF 2006 AMENDMENT

Pub. L. 109-353, §1, Oct. 13, 2006, 120 Stat. 2015, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'North Korea Nonproliferation Act of 2006'."

Pub. L. 109-293, §1, Sept. 30, 2006, 120 Stat. 1344, provided that: "This Act [amending section 5318A of Title 31, Money and Finance, enacting provisions set out as notes under this section and section 2151 of Title 22, Foreign Relations and Intercourse, and amending provisions set out as a note under this section] may be cited as the 'Iran Freedom Support Act'."

SHORT TITLE OF 2005 AMENDMENT

Pub. L. 109-112, §1, Nov. 22, 2005, 119 Stat. 2366, provided that: "This Act [enacting provisions set out as a note under this section and amending provisions set out as notes under this section and section 2797b of Title 22, Foreign Relations and Intercourse] may be cited as the 'Iran Nonproliferation Amendments Act of 2005'."

SHORT TITLE OF 2001 AMENDMENT

Pub. L. 107-24, §1, Aug. 3, 2001, 115 Stat. 199, provided that: "This Act [enacting and amending provisions set out as notes under this section] may be cited as the 'ILSA Extension Act of 2001'."

SHORT TITLE

Pub. L. 95-223, title II, §201, Dec. 28, 1977, 91 Stat. 1626, provided that: "This title [enacting this chapter] may be cited as the 'International Emergency Economic Powers Act'."

REGULATORY AUTHORITY

Pub. L. 115-272, title III, §301(a), Oct. 25, 2018, 132 Stat. 4155, provided that: "The President shall, not later than 180 days after the date of the enactment of this Act [Oct. 25, 2018], prescribe regulations as necessary for the implementation of this Act [see Short Title of 2018 Amendment note set out above] and the amendments made by this Act."

SEPARABILITY

Pub. L. 95-223, title II, §208, Dec. 28, 1977, 91 Stat. 1629, provided that: "If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby."

BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2022

Pub. L. 117-263, div. E, title LVII, §57065706,, 136 Stat. 3418, provided that:

"(a) IN GENERAL.-Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a list of specific licenses issued by the Secretary in the preceding 365 days that authorizes a U.S. financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services to any of the following:

"(1) The government of a state sponsor of terrorism.

"(2) A person sanctioned pursuant to any of the following:

"(A) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112-208) [ 22 U.S.C. 5811 note].

"(B) Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114-328 the Global Magnitsky Human Rights Accountability Act) [ 22 U.S.C. 10101 et seq.].

"(C) Executive Order No. 13818 [listed in a table below].

"(b) SUBMISSION OF COPIES OF LICENSES ON REQUEST.-The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 60 days after submission of the report.

"(c) BUSINESS CONFIDENTIAL INFORMATION.-

"(1) IN GENERAL.-The Secretary of the Treasury shall, in the report under subsection (a) and any submissions under subsection (b), identify any proprietary information submitted by any private sector representative and mark such information as 'business confidential information'.

"(2) TREATMENT AS TRADE SECRETS.-Business confidential information described under paragraph (1) shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be exempt from disclosure under such section 552 of such title without the express approval of the private party.

"(d) AUTHORIZATION OF APPROPRIATIONS.-For the purpose of carrying out the activities authorized under this section, there is authorized to be appropriated to the Secretary of the Treasury $1,000,000.

"(e) SUNSET.-The section shall cease to have any force or effect after the end of the 5-year period beginning on the date of enactment of this Act [Dec. 23, 2022].

"(f) FORM OF REPORT AND SUBMISSIONS.-A report or submission required under this section shall be submitted in unclassified form but may contain a classified annex.

"(g) APPROPRIATE MEMBER OF CONGRESS DEFINED.-In this section, the term 'appropriate Member of Congress' has the meaning given that term under section 7132(d) of the National Defense Authorization Act for Fiscal Year 2020 [ 22 U.S.C. 9265a(d) ]."

SANCTIONING THE USE OF CIVILIANS AS DEFENSELESS SHIELDS

Pub. L. 115-348, 132 Stat. 5055, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Sanctioning the Use of Civilians as Defenseless Shields Act'.

"SEC. 2. STATEMENT OF POLICY.

"It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields.

"SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.

"(a) IMPOSITION OF SANCTIONS.-

"(1) MANDATORY SANCTIONS.-The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (b).

"(2) PERMISSIVE SANCTIONS.-The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c).

"(b) MANDATORY SANCTIONS LIST.-Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following:

"(1) Each foreign person that the President determines, on or after the date of the enactment of this Act-

"(A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and

"(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.

"(2) Each foreign person that the President determines, on or after the date of the enactment of this Act-

"(A) is a member of Hamas or is knowingly acting on behalf of Hamas; and

"(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.

"(3) Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in-

"(A) any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or