General Note on the Applicability of IEEPA Exemptions in EOs and Sanctions Regulations not Specifically Mentioning Them (System Ed. Note)

Last substantive commentary amendment:
Aug. 19 2023

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TURBOFAC Commentary (4861 words)

General Note on the Applicability of IEEPA/TWEA Exemptions in EOs and Sanctions Regulations not Specifically Mentioning Them (System Ed. Note)

1.1) WHEN IEEPA EXEMPTIONS APPLY NOTWITHSTANDING THE LACK OF ANY EXPLICIT MENTION OF THEM IN THE RELEVANT PROGRAM-SPECIFIC LEGAL AUTHORITY - IN GENERAL

With the exception of the "donations" exemption (IEEPA Sec. 1702(b)(2)), which is commonly "opted out" of in executive orders promulgating sanctions prohibitions, the IEEPA-based exemptions for personal communications, informational materials and travel (the non-waivable IEEPA exemptions) apply directly to a significant number of sanctions programs with respect to which the relevant EOs and/or implementing regulations make no explicit mention of the applicable exemptions. When an EO based solely on IEEPA with no associated implementing regulations says that "[t]he prohibitions [of the EO] apply except to the extent provided by statutes, or...