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. 116-158 (08/14/2020)

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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. 95-223, title II, §202, Dec. 28, 1977, 91 Stat. 1626.

Notes from the Office of Law Revision Counsel

current through 8/29/2020

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."

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

"(B) any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph.

"(c) PERMISSIVE SANCTIONS LIST.-Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b).

"(d) SANCTIONS DESCRIBED.-The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following:

"(1) BLOCKING OF PROPERTY.-The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or agency or instrumentality of a foreign state if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PAROLE.-

"(A) VISAS, ADMISSION, OR PAROLE.-An alien who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under subsection (a) is-

"(i) inadmissible to the United States;

"(ii) ineligible to receive a visa or other documentation to enter the United States; and

"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).

"(B) CURRENT VISAS REVOKED.-Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States.

"(C) EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT AND OTHER INTERNATIONAL OBLIGATIONS.-The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or with other applicable international obligations.

"(e) PENALTIES.-The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act.

"(f) PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.-

"(1) IN GENERAL.-If a finding under this section, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.

"(2) RULE OF CONSTRUCTION.-Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under this section or any prohibition, condition, or penalty imposed as a result of any such finding.