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U.S. Code as of:
01/19/04
Section 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 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; and.(!1)
(C) when the United States is engaged in armed hostilities or
has been attacked by a foreign country or foreign nationals,
confiscate any property, subject to the jurisdiction of the
United States, of any foreign person, foreign organization, or
foreign country that he determines has planned, authorized,
aided, or engaged in such hostilities or attacks against the
United States; and all right, title, and interest in any property
so confiscated shall vest, when, as, and upon the terms directed
by the President, in such agency or person as the President may
designate from time to time, and upon such terms and conditions
as the President may prescribe, such interest or property shall
be held, used, administered, liquidated, sold, or otherwise dealt
with in the interest of and for the benefit of the United States,
and such designated agency or person may perform any and all acts
incident to the accomplishment or furtherance of these purposes.
(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) Exceptions to grant of authority
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 (!2)
(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.
(c) Classified information
In any judicial review of a determination made under this
section, if the determination was based on classified information
(as defined in section 1(a) of the Classified Information
Procedures Act) such information may be submitted to the reviewing
court ex parte and in camera. This subsection does not confer or
imply any right to judicial review.
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