Notes on 50 U.S.C. § 1702 : US Code - Notes

Search Notes on 50 U.S.C. § 1702 : US Code - Notes

(Pub. L. 95-223, title II, Sec. 203, Dec. 28, 1977, 91 Stat. 1626;
Pub. L. 100-418, title II, Sec. 2502(b)(1), Aug. 23, 1988, 102
Stat. 1371; Pub. L. 103-236, title V, Sec. 525(c)(1), Apr. 30,
1994, 108 Stat. 474; Pub. L. 107-56, title I, Sec. 106, Oct. 26,
2001, 115 Stat. 277.)
REFERENCES IN TEXT
Section 1(a) of the Classified Information Procedures Act,
referred to in subsec. (c), is section 1(a) of Pub. L. 96-456, Oct.
15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title
18, Crimes and Criminal Procedure.
AMENDMENTS
2001 - Pub. L. 107-56, Sec. 106, which directed certain
amendments to section 203 of the International Emergency Powers
Act, was executed by making the amendments to this section, which
is section 203 of the International Emergency Economic Powers Act,
to reflect the probable intent of Congress. See below.
Subsec. (a)(1). Pub. L. 107-56, Sec. 106(1)(C), which directed
striking out "by any person, or with respect to any property,
subject to the jurisdiction of the United States' without providing
closing quotation marks designating the provisions to be struck,
was executed by striking out "by any person, or with respect to any
property, subject to the jurisdiction of the United States" in
concluding provisions.
Subsec. (a)(1)(A). Pub. L. 107-56, Sec. 106(1)(A), substituted a
comma for "; and" at end of cl. (iii) and inserted concluding
provisions.
Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 106(1)(B), inserted ",
block during the pendency of an investigation" after "investigate"
and substituted "interest by any person, or with respect to any
property, subject to the jurisdiction of the United States; and"
for "interest;".
Subsec. (a)(1)(C). Pub. L. 107-56, Sec. 106(1)(D), added subpar.
(C).
Subsec. (c). Pub. L. 107-56, Sec. 106(2), added subsec. (c).
1994 - Subsec. (b)(3), (4). Pub. L. 103-236 added pars. (3) and
(4) and struck out former par. (3) which read as follows: "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 2404 of the Appendix to this title or with
respect to which no acts are prohibited by chapter 37 of title 18."
1988 - Subsec. (b)(3). Pub. L. 100-418 added par. (3).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 525(c)(2) and (3) of Pub. L. 103-236 provided that:
"(2) The amendments made by paragraph (1) to section 203(b)(3) of
the International Emergency Economic Powers Act [50 U.S.C.
1702(b)(3)] apply to actions taken by the President under section
203 of such Act before the date of enactment of this Act [Apr. 30,
1994] 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 [50 U.S.C. 1701 et seq.] on the date
of enactment of this Act."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2502(b)(2) of Pub. L. 100-418 provided that: "The
amendments made by paragraph (1) [amending this section] apply to
actions taken by the President under section 203 of the
International Emergency Economic Powers Act [this section] before
the date of the enactment of this Act [Aug. 23, 1988] which are in
effect on such date of enactment, and to actions taken under such
section on or after such date of enactment."
EX. ORD. NO. 13290. CONFISCATING AND VESTING CERTAIN IRAQI PROPERTY
Ex. Ord. No. 13290, Mar. 20, 2003, 68 F.R. 14307, as amended by
Ex. Ord. No. 13350, Sec. 3, July 29, 2004, 69 F.R. 46055, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code, and in order
to take additional steps with respect to the national emergency
declared in Executive Order 13303 of March 20 [May 22], 2003 [50
U.S.C. 1701 note], and expanded in Executive Order 13315 of August
28, 2003 [50 U.S.C. 1701 note],
I, GEORGE W. BUSH, President of the United States of America,
hereby determine that the United States and Iraq are engaged in
armed hostilities, that it is in the interest of the United States
to confiscate certain property of the Government of Iraq and its
agencies, instrumentalities, or controlled entities, and that all
right, title, and interest in any property so confiscated should
vest in the Department of the Treasury. I intend that such vested
property should be used to assist the Iraqi people and to assist in
the reconstruction of Iraq, and determine that such use would be in
the interest of and for the benefit of the United States.
I hereby order:
Section 1. All blocked funds held in the United States in
accounts in the name of the Government of Iraq, the Central Bank of
Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for
Marketing Oil are hereby confiscated and vested in the Department
of the Treasury, except for the following:
(a) any such funds that are subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations, or that enjoy equivalent privileges and immunities under
the laws of the United States, and are or have been used for
diplomatic or consular purposes, and
(b) any such amounts that as of the date of this order are
subject to post-judgment writs of execution or attachment in aid of
execution of judgments pursuant to section 201 of the Terrorism
Risk Insurance Act of 2002 (Public Law 107-297) [see Tables for
classification], provided that, upon satisfaction of the judgments
on which such writs are based, any remainder of such excepted
amounts shall, by virtue of this order and without further action,
be confiscated and vested.
Sec. 2. The Secretary of the Treasury is authorized to perform,
without further approval, ratification, or other action of the
President, all functions of the President set forth in section
203(a)(1)(C) of IEEPA [50 U.S.C. 1702(a)(1)(C)] with respect to any
and all property of the Government of Iraq, including its agencies,
instrumentalities, or controlled entities, and to take additional
steps, including the promulgation of rules and regulations as may
be necessary, to carry out the purposes of this order. The
Secretary of the Treasury may redelegate such functions in
accordance with applicable law. The Secretary of the Treasury shall
consult the Attorney General as appropriate in the implementation
of this order.
Sec. 3. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
(!1) So in original. The period probably should not appear.

(!2) So in original. The word "or" probably should not appear.