National Emergencies Act (50 U.S.C. §§ 1601-1651)

Date issued: Sep. 14 1976

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TURBOFAC Commentary (321 words)


For practical sanctions compliance purposes, the National Emergencies Act (NEA) is not particularly relevant, but the operation of statute is worth understanding as it is cited in connection with IEEPA in all sanctions related executive orders that rely on IEEPA for their authority. In short, IEEPA is structured such that the authorities of that statute may not be exercised unless in conjunction with a national emergency declared in accordance with the NEA. See e.g. Case No. LB-2014-309609-1.

Section 202(d) of the NEA (50 U.S.C. 1622(d)), provides that:

"[a]ny national emergency declared by the President in accordance with [the NEA] and not otherwise previously terminated, shall terminate on the anniversary of the declaration of that emergency if, within the ninety-day period prior to each anniversary date, the President does not publish...