Sec. 203.5. grants of authorities

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## Sec. 203.5 grants of authorities ###

(a)####

(1)At the times and to the extent specified in section 202, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— 550 U.S.C. 1702. #####

(A)investigate, regulate, or prohibit— ######

(i)any transactions in foreign exchange, ######

(ii)transfer of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, ######

(iii)the importing or exporting of currency or securities,6 6Sec. 106(1)(A) of the USA PATRIOT Act (Public Law 107–56; 115 Stat. 277) struck out “; and” at the end of clause (ii), inserted in lieu there of a comma and “by any person, or with respect to any property, subject to the jurisdiction of the United States;”. by any person, or with respect to any property, subject to the jurisdiction of the United States;6 #####

(B)investigate, block during the pendency of an investigation,7 regulate, direct 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; and8 . 7Sec. 106(1)(B)(i) of the USA PATRIOT Act (Public Law 107–56; 115 Stat. 277) inserted “, block during the pendency of an investigation” after “investigate”. 8Sec. 106(1)(B)(ii) of the USA PATRIOT Act (Public Law 107–56; 115 Stat. 277) struck out “interest;” and inserted in lieu thereof “interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and”. Following this phrase, sec. 106(1)(C) of that Act struck out “by any person, or with respect to any property, subject to the jurisdiction of the United States”. ##### (C)9 when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest, or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. 9Sec. 106(1)(D) of the USA PATRIOT Act (Public Law 107–56; 115 Stat. 277) added subpara. (C). ####

(2)In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph

(1)either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memorandums, or other papers, in the custody or control of such person. ####

(3)Compliance with any regulation, instruction, or direction issued under this title shall to the extent thereof be a full acquittance and discharge for all purposes of the obligations of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this title, or any regulation, instruction, or direction issued under this title. ###

(b)The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly— ####

(1)any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;10 10Sec. 203(b) was amended by sec. 2502(b)(1) of Public Law 100–418 (102 Stat. 1371) which struck out “or” in par. (1); struck out the period and inserted “; or” in par.

(2)and added new par. (3). Sec. 2502(b)(2) of that Act also stated that: ``(2) The amendments made by paragraph

(1)apply to actions taken by the President under section 203 of the International Emergency Economic Powers Act before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.''. ####

(2)donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations

(A)would seriously impair his ability to deal with any national emergency, declared under section 202 of this title,

(B)or in response to coercion against the proposed recipient or donor, or

(C)would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances. #### (3)11 the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 5 of the Export Administration Act of 1979, or under section 6 of such Act to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18, United States Code; or 11Sec. 525(c)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 474) struck out para.

(3)and inserted new paras.

(3)and (4). Paragraph

(3)formerly read as follows: ``(3) the importation from any country, or the exportation to any country, whether commercial or otherwise, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, or other informational materials, which are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 or with respect to which no acts are prohibited by chapter 37 of title 18, United States Code.''. Sec. 525(c)(2) and

(3)of that Act further provided the following: ``(2) The amendments made by paragraph

(1)to section 203(b)(3) of the International Emergency Economic Powers Act apply to actions taken by the President under section 203 of such Act before the date of enactment of this Act which are in effect on such date and to actions taken under such section on or after such date. ``(3) Section 203(b)(4) of the International Emergency Economic Powers Act (as added by paragraph (1)) shall not apply to restrictions on the transactions and activities described in section 203(b)(4) in force on the date of enactment of this Act, with respect to countries embargoed under the International Emergency Economic Powers Act on the date of enactment of this Act.''. #### (4)11 any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages. ### (c)12 Classified Information In any judicial review of a determination made under this section,if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review. 12Sec. 106(2) of the USA PATRIOT Act (Public Law 107–56; 115 Stat. 278) added subsec. (c).

Connections8 off-index

8 references not yet in our index

550 USC 1702
Pub. L. 107-56
115 Stat. 277
Pub. L. 100-418
102 Stat. 1371
Pub. L. 103-236
108 Stat. 474
115 Stat. 278

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cites case law

Sec. 203.5

grants of authorities

Cite550 USC 1702

Pub. L.Pub. L. 107-56

Stat.115 Stat. 277

Pub. L.Pub. L. 100-418

Stat.102 Stat. 1371

Cites 8 · showing 5Cited by 0 across 0 sources