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Title 50 - WAR AND NATIONAL DEFENSE CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
Sec. 1702 - Presidential authorities
§1702. Presidential authorities
(a) In general
(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, by any person, or with respect to any property, subject to the jurisdiction of the United States;
(B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any...
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1) BACKGROUND
In conjunction with the National Emergencies Act, IEEPA, and especially Sec. 1702, provides the primary statutory authority for the vast majority of all OFAC-administered sanctions programs. Other sanctions statutes, such as the Global Magnitsky Human Rights Accountability Act, call for asset blocking in a way that cross-references the powers granted to the President pursuant to IEEPA, such that the interpretation of this statute effectively controls the scope and operation of sanctions imposed pursuant to other programs as well.
In at least an indirect sense, virtually every sanctions related judicial opinion, regulation, enforcement action and interpretive guidance letter is an interpretation of IEEPA, insofar as this statute sets the boundaries of what OFAC may and may not do, and all of OFAC's decisions are implied statements that such actions are within the...