
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 106]
[CITE: 50USC1702]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
           CHAPTER 35--INTERNATIONAL EMERGENCY ECONOMIC POWERS
 
Sec. 1702. Presidential authorities

    (a)(1) At the times and to the extent specified in section 1701 of 
this title, the President may, under such regulations as he may 
prescribe, by means of instructions, licenses, or otherwise--
        (A) investigate, regulate, or prohibit--
            (i) any transactions in foreign exchange,
            (ii) transfers 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; 
        and

        (B) investigate, 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.
    (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, memoranda, or 
other papers, in the custody or control of such person.
    (3) Compliance with any regulation, instruction, or direction issued 
under this chapter shall to the extent thereof be a full acquittance and 
discharge for all purposes of the obligation 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 chapter, or 
any regulation, instruction, or direction issued under this chapter.
    (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;
        (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 1701 of this title, (B) are 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; or \1\
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    \1\ So in original. The word ``or'' probably should not appear.
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        (3) 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 2404 of the Appendix to this title, or under section 2405 of 
    the Appendix to this title 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; or
        (4) 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.

(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.)


                               Amendments

    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.''

                  Section Referred to in Other Sections

    This section is referred to in section 1701 of this title; title 22 
section 6004; title 28 section 1610.
