50 U.S.C. § 1706

Savings provisions

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(a) Termination of national emergencies pursuant to National Emergencies Act(1) Except as provided in subsection (b), notwithstanding the termination pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emergency to prohibit transactions involving property in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.(2) Notwithstanding the termination of the authorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termination to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.(b) Congressional termination of national emergencies by concurrent resolution

The authorities described in subsection (a)(1) may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622] and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this section.

(c) Supplemental savings provisions; supersedure of inconsistent provisions(1) The provisions of this section are supplemental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B), and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of the National Emergencies Act.(2) The provisions of this section supersede the termination provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II [50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of this section are inconsistent with these provisions.(d) Periodic reports to Congress

If the President uses the authority of this section to continue prohibitions on transactions involving foreign property interests, he shall report to the Congress every six months on the use of such authority.

(Pub. L. 95–223, title II, § 207, Dec. 28, 1977, 91 Stat. 1628.)Editorial NotesReferences in Text

The National Emergencies Act, referred to in subsecs. (a)(1) and (c)(2), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of this title. Title II of the National Emergencies Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Section 101(b) of this Act, referred to in subsec. (a)(2), is section 101(b) of Pub. L. 95–223, which is set out as a note under section 4305 of this title.

Statutory Notes and Related SubsidiariesTermination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (d) of this section is listed as the 11th item on page 27), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Notes of Decisions

Cited in 9 cases, 1980–2011 · leading case: Dames & Moore v. Regan, 453 U.S. 654 (1981).

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Dames & Moore v. Regan, 453 U.S. 654 (1981). · cites it 2× “6 (1977); 50 U. S. C. § 1706 (a) (1) (1976 ed., Supp.”

United States v. Amirnazmi, 645 F.3d 564 (3rd Cir. 2011). “” See 50 U.S.C. § 1706 (b) (2011). Chadha and the amendment to the cross-referenced section in NEA would appear to have rendered the words "by concurrent resolution” in § 1706(b) ineffective.”

United States v. Dhafir, 461 F.3d 211 (2d Cir. 2006). · cites it 2× “” 50 U.S.C. § 1706 (b) (emendation in original).”

United States v. Bahram Mechanic, A/K/A Barry Mechanic, A/K/A Myron Bahram Mechanic, & Mary Akers Mechanic, 809 F.2d 1111 (5th Cir. 1987). “They contend that the legislative veto provision in the IEEPA, 50 U.S.C. § 1706 (b), is unconstitutional and nonseverable.”

United States v. Manuel Romero-Fernandez, Ondina Maria Sosa, 983 F.2d 195 (11th Cir. 1993). · cites it 2× “In this limited opinion, we discuss Sosa and Romero-Fernandez’s constitutional challenge to the IEEPA’s legislative veto provision, 50 U.S.C. § 1706 (b). II. The legislative veto challenged by Romero-Fernandez and Sosa provides that: The authorities described in subsection…”

Chase Manhattan Bank v. State of Iran, 484 F. Supp. 832 (S.D.N.Y. 1980). “50 U.S.C. § 1706 . There is little purpose to be served in discussing the legal authorities dealing with the question of the power of a court to enjoin a party from litigating in another forum.”

Exec. Power With Regard to the Libyan Situation (OLC 1981). “50 U.S.C. § 1706 (b) (Supp. Ill 1979). It is our position that a concurrent resolution, because it would not be subject to the President’s veto, would be constitution ally insufficient to terminate a declared emergency.”

Legality of the Int'l Agreement with Iran & Its Implementing Exec. Orders (II) (OLC 1981). “See 50 U.S.C. § 1706 (a)(1) (authorizing continuation of controls, after the emergency has ended, where necessary for claims settlement purposes).”

Legality of the Int'l Agreement with Iran & Its Implementing Exec. Orders (I) (OLC 1981). “See 50 U.S.C. § 1706 (aXl) (authorizing continuation of controls, after the em ergency has ended, w here necessary for claims settlement purposes).”

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