emergency under the IEEPA
, but in post- PATRIOT Act applications the
Although various Presidents have used IEEPA
in the past to counter significant security threats such as terrorism and nuclear proliferation, (373) IEEPA
has been used to attempt to influence certain human rights violations to the extent that they affect the foreign policy of the United States (as IEEPA
25) Under IEEPA
, the President may investigate, regulate, or
117) Moreover, the President can only exercise his IEEPA
authority during an international emergency--the time when executive power to act without interference is at its peak.
Hamed and others were charged with conspiracy, theft of public funds, money-laundering, and IEEPA
violations in a 42-count indictment issued in January 2008.
258) As to the suspension of claims, however, the Court found no specific authorization, either in the IEEPA
or in the Hostage Act, an 1868 statute permitting the President to use "such means .
Of concern is a procedural right under the Cuban Assets Controls Regulations (CACR), which were grandfathered in when IEEPA
supplanted TWEA, (209) with regulations continuing in force under TWEA.
At the very least, the Humanitarian Law Project seems to permit the prosecution of organizations and individuals that knowingly provide expert advice or services regarding lawful activities, such as conflict resolution, to groups on the State Department's list--and foreshadows the same with regard to civil sanctions under IEEPA
If convicted, the defendants face a maximum sentence of 10-20 years in prison for each of the IEEPA
counts, 10 years in prison for the AECA charge, 5-20 years in prison for each of the conspiracy counts, and five years in prison for each of the false statement counts.
284) Presidents have used the IEEPA
to impose economic sanctions against particular countries in response to political situations and, most recently, as a major weapon in the war on terrorism by using the law to seize the assets of terrorist groups and thereby cut off their funding.
7) The President now may freeze assets during a pending IEEPA
investigation, as opposed to waiting for the outcome as was previously required.
Nevertheless, the provisions of the EAR have remained applicable pursuant to the President's residual authority to issue Executive Orders under IEEPA