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

• Cite as: 50 U.S.C. § 1701
• Currency: Current through P.L. 115-338

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FREE EXCERPT

(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. 95-223Dec. 28, 1977, 91 Stat. 1626.

Notes from the Office of Law Revision Counsel

current through 2/1/2019

SHORT TITLE OF 2018 AMENDMENT

Pub. L. 115-272Oct. 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. 114-277Dec. 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. 114-194July 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, 2007, 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, 2006, 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, 2006, 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, 2005, 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, 2001, 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. 95-223Dec. 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. 115-272Oct. 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. 95-223Dec. 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."

NICARAGUA HUMAN RIGHTS AND ANTICORRUPTION

Pub. L. 115-335, Dec. 20, 2018, 132 Stat. 5019, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) SHORT TITLE.-This Act may be cited as the 'Nicaragua Human Rights and Anticorruption Act of 2018'.

"(b) TABLE OF CONTENTS.-[Omitted.]

"SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA'S CRISIS.

"It is the sense of Congress that-

"(1) credible negotiations between the Government of Nicaragua and representatives of Nicaragua's civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes-

"(A) a commitment to hold early elections that meet democratic standards and permit credible international electoral observation;

"(B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and

"(C) independent investigations into the killings of protesters; and

"(2) negotiations between the Government of Nicaragua and representatives of Nicaragua's civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act [Dec. 20, 2018] because the Government of Nicaragua has failed to credibly participate in the process.

"SEC. 3. STATEMENT OF POLICY.

"It is the policy of the United States to support-

"(1) the rule of law and an independent judiciary and electoral council in Nicaragua;

"(2) democratic governance in Nicaragua;

"(3) free and fair elections overseen by credible domestic and international observers in Nicaragua; and

"(4) anti-corruption and transparency efforts in Nicaragua.

"SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING TO NICARAGUA.

"(a) RESTRICTIONS.-The Secretary of the Treasury shall-

"(1) instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua;

"(2) instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and

"(3) instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights.

"(b) EXCEPTIONS FOR BASIC HUMAN NEEDS AND DEMOCRACY PROMOTION.-The restrictions under paragraphs (1) and (2) of subsection (a) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua.

"(c) BRIEFING BY THE SECRETARY OF THE TREASURY.-Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall brief the appropriate congressional committees on the effectiveness of international financial institutions in enforcing applicable program safeguards in Nicaragua.

"SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA.

"(a) IN GENERAL.-The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines-

"(1) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b);

"(2) to be a leader of-

"(A) an entity that has, or whose members have, engaged in any activity described in subsection (b); or

"(B) an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader;

"(3) to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of-

"(A) an activity described in subsection (b); or

"(B) a person whose property and interests in property are blocked under subsection (c)(1)(A); or

"(4) to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A).

"(b) ACTIVITIES DESCRIBED.-An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018:

"(1) Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018.

"(2) Significant actions or policies that undermine democratic processes or institutions.

"(3) Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including-

"(A) the expropriation of private or public assets for personal gain or political purposes;

"(B) corruption related to government contracts;

"(C) bribery; or

"(D) the facilitation or transfer of the proceeds of corruption.

"(4) The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press.